Terms of Service
YOUR ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS AND CONDITIONS (TERMS) IS A LEGAL AGREEMENT BETWEEN YOU (END USER, YOUR OR YOU) AND COMPANY. THE TERMS GOVERNS YOUR USE OF THE SWITOK PLATFORM. THIS DOCUMENT IS AN ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
AFFILIATES AS USED HEREIN MEANS, WITH RESPECT TO COMPANY, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH COMPANY. CONTROL FOR THE PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
COMPANY, US, OUR OR WE AS USED HEREIN MEANS GLANCE SWIFNIX TECHNOLOGIES., HAVING ITS REGISTERED OFFICE AT GWALIOR MP ,ACTING ON BEHALF OF ITSELF AND ITS AFFILIATES - GLANCE DIGITAL EXPERIENCE PRIVATE LIMITED AND GLANCE TV PTE LIMITED.
SWITOK PLATFORM MEANS AND REFERS TO COMPANY’S PROPRIETARY SOCIAL ENTERTAINMENT PLATFORM (APPLICATION/ SITE/FEATURE OR AS MADE AVAILABLE IN ANY OTHER FORMAT) CALLED ‘SWITOK’, WHICH ENABLES END-USERS TO EXPLORE, DISCOVER, WATCH, UPLOAD AND SHARE VIDEOS AND OTHER CONTENT INCLUDING USER GENERATED CONTENT COVERING INTERESTING STORIES, HOMEMADE VIDEOS, NEWS, EVENTS, ETC. THE PLATFORM ALSO ENABLES COMPANY’S PARTNERS TO DISPLAY ADVERTISEMENTS, PROMOTIONAL OFFERS AND IS A DISTRIBUTION PLATFORM FOR CONTENT CREATORS.
GIVEN THAT THE SWITOK PLATFORM IS A SOCIAL ENTERTAINMENT PLATFORM, ANY INFORMATION, MATERIALS AND CONTENT CONTRIBUTED TO THE SWITOK PLATFORM IS FOR PUBLIC CONSUMPTION (EXCEPT FOR PRIVATE CHAT MESSAGES) AND DEEMED NON-CONFIDENTIAL. WE ENCOURAGE YOU TO EXERCISE CAUTION AND NOT SHARE AND/OR CONTRIBUTE SUCH INFORMATION, CONTENT AND MATERIALS THAT ARE PRIVATE AND/OR CONFIDENTIAL IN NATURE.
THE SWITOK PLATFORM MAY EITHER BE (I) PRE-LOADED WITHIN YOUR MOBILE, TABLET, WEARABLE AND/OR ANY OTHER SMART DEVICE USED (DEVICE); (II) INTEGRATED WITH AN APPLICATION OR WIDGET ON YOUR DEVICE; (III) DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE; (IV) VIEWED ON THE WEBSITE.
PLEASE CAREFULLY READ THESE TERMS BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING OR USING THE SWITOK PLATFORM.
1. By installing, subscribing to, accessing or using the SWITOK Platform, You agree to these Terms. If you do not agree to these Terms, You may elect to uninstall or unsubscribe or disable certain features from the SWITOK Platform and in which case all or some of its features will not be made available to you. The SWITOK Platform may also fail to operate and provide you with optimum experience.
4. You affirm that you are 13 years of age or above, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The SWITOK Platform is not intended for children under 13. If you are under 13 years of age, then please do not use the SWITOK Platform.
5. You may use the SWITOK Platform and the Content only in India, where we offer Our service. We make no representation that Content and/or Materials on the SWITOK Platform are appropriate or available for use in locations outside India or that the SWITOK Platform complies with any country's privacy laws. Accessing the SWITOK Platform or Materials from territories where the Content is deemed illegal, is prohibited. If you access the SWITOK Platform, You do so on your own initiative and are responsible for compliance with local laws.
6. These Terms apply to all users of the SWITOK Platform, including users who view and access the Content and also users who are contributors of the Materials. Content includes the text, software, scripts, graphics, photos, sounds, music, video’s, audio-visual combinations, interactive features and other materials. You may view on, access through the SWITOK Platform. This includes message boards, chat, and other original content. Materials includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials and content that you may contribute in any manner to the SWITOK Platform. This includes your contributions to the message boards and chat.
You agree and acknowledge that:
1. The SWITOK Platform includes third party Content, advertising information or promotional material (collectively Third Party Content) and it is hereby clarified that Company is not responsible or liable for any Third Party Content, the intellectual property and other proprietary rights in the Third Party Content. Company is not responsible for the accuracy of any Content which may be accessed by you or the Materials. Your use of the SWITOK Platform, the Ad-Content, Materials and the Content, including your election to view, contribute, interact with or action upon the same is at Your sole risk and discretion.
3. You are responsible for providing, at your own expense, all equipment and resources necessary to use the SWITOK Platform and services, including a computer, software, modem, and internet access (including payment of all fees associated with such access). Mobile internet transmissions are never completely private or secure and the transmission of Content, Materials and Your use of the SWITOK Platform maybe affected, interrupted or disrupted for reasons beyond Company’s reasonable control. Any message or information You send using SWITOK Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1. In order to access certain services or features on the SWITOK Platform, You are required to use an account and password. You will not use another user's account without permission. You may obtain an account and password, only by completing our online registration form. The online registration form requests certain information and data (including without limitation phone number, name, age, gender, etc.) ("Registration Data"). You are required to maintain and update Your Registration Data. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by you is identified as inaccurate/false, We have all the rights to delete Your account and block all activities carried on the SWITOK Platform. Further we do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the SWITOK Platform. You are solely responsible for the activity that occurs on your account, and you must keep Your account password, if any, secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the SWITOK Platform may be available to you or other authorized users of the SWITOK Platform. You shall not interfere with anyone else's use and enjoyment of the SWITOK Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
3. To the extent You are permitted to use the SWITOK Platform to publish/ market/sell any of Your or third-party products, We reserve the right to take down or remove any Content or Materials at Our discretion without any liability whatsoever and You are solely responsible for ensuring that the product meets SWITOK guidelines.
Except as expressly set out in these Terms, You agree:
1. not to copy the SWITOK Platform (including its specific design, user interface) except where such copying is incidental to normal use of SWITOK Platform, or where it is necessary for the purpose of back-up or operational security;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the SWITOK Platform;
3. not to make alterations to, or modifications of, the whole or any part of SWITOK Platform, or permit the SWITOK Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;
4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the SWITOK Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of SWITOK Platform with another software program, and provided that the information obtained by You during such activities:
1. It is used only for the purpose of achieving inter-operability of SWITOK Platform with another software program;
2. It is not disclosed or communicated without Our prior written consent to any third party;
3. It is not used to create any software that is substantially similar to the SWITOK Platform.
5. not to provide or otherwise make available the SWITOK Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;
6. To comply with all technology control or export laws and regulations that apply to the technologies used or supported by SWITOK Platform in your use of the SWITOK Platform.
7. To not use the SWITOK Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into SWITOK Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of SWITOK Platform;
8. To not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of SWITOK Platform or any service associated (to the extent that such use is not licensed by these Terms);
9. It is not use the SWITOK Platform in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users.
10. It is not collect or harvest any information or data obtained from any SWITOK Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the SWITOK Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
CONTENT USE RESTRICTIONS:
The Content is provided to you ‘AS IS’. You may access Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You may not
11. use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
12. Unless expressly permitted pursuant to SWITOK Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
13. share, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on SWITOK Platform (unless You are specifically permitted to share or copy by way of a ‘Share’ or ‘Copy’ button); and/or
14. Re-order, modify, edit obscure or truncate in anyway the Content, Ad-Content or SWITOK Platform.
2. You understand that when using the SWITOK Platform, You will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto.
1. You shall be solely responsible for Your Materials and the consequences of submitting and publishing Your Materials on the SWITOK Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Materials that You submit; and You license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the SWITOK Platform pursuant to these Terms. You may remove Your Materials from the SWITOK Platform at any time. You must remove Your Materials if You no longer have the rights required by these Terms
2. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to You on or through the SWITOK Platform, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any Materials that:
1. It is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another user’s privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company’s content guidelines, rules or policies;
2. It harms minor in anyway or is grossly harmful, blasphemous; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis
4. It belongs to another person and to which the user does not have any right to and/or infringes on any right of publicity, moral right, or other proprietary right of any party;
5. It constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
6. It contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
7. It impersonates any person or entity, including any of Our employees or representatives or deceives or misleads the addressee about the origin of such Content and/or messages or communicates any information which is grossly offensive or menacing in nature;
8. It threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
3. You acknowledge that We neither endorse nor assume any liability for the Contents of any Material uploaded or submitted by third party users of the SWITOK Platform. We have no obligation to pre-screen, monitor, or edit the Content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the SWITOK Platform. However, We may elect to pre-screen, monitor or edit any Content to the extent required to be in compliance with applicable laws and Company’s policies and guidelines. Additionally, We and Our agents have the right at Our sole discretion to remove any Materials that, in Our judgment, does not comply with these Terms and any other rules of user conduct for Our SWITOK Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that We are not responsible for any failure or delay in removing such Materials. You hereby consent to any such removal deemed appropriate by Us, and, You waive any claim against Us arising out of such removal of Materials and agree to indemnify and hold Us harmless from any and all claims asserted based upon such removal. See "Unauthorised Use of Materials/Content" below for a description of the procedures to be followed in the event that any party believes that Materials posted on the SWITOK Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
4. If Company reasonably believes that any Material is in breach of these Terms, applicable laws, or any legal or contractual obligations of Company, or may cause harm to Company, its users, or third parties, it may remove or take down that Materials at its discretion, without any liability whatsoever.
5. You agree that we may, at any time and at Our sole discretion, terminate Your membership, account, or other affiliation with Our SWITOK Platform without prior serving any notice to You for violating any of the above Terms and associated provisions. Upon such termination, You agree that We may remove any and all Material or Content that You may have posted to Our SWITOK Platform. In addition, you acknowledge that We do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
7. For clarity, you retain all of Your ownership rights in Your Content. However, by submitting Content to Company, You hereby grant Company a worldwide, non-exclusive, royalty-free, commercial use, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, re-brand, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the SWITOK Platform, Company’s (and its successors' and Affiliates') and/or its third-party partner’s and/or collaborator’s business including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels including without limitation on Company’s owned and/or operated content platforms, sites, and/or applications (collectively Company Properties). You also hereby grant each user of the Company Properties a non-exclusive license to access Your Content through the Company Properties, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Company Properties and under these Terms.
2. Company reserves the right to allow the usage, publication and distribution of Your Content on other partner platforms subject to the Content meeting the content guidelines and/ or technical specifications of such other partner platforms
1. Company will retain your messages (including Your chats, photos, videos, messages and files) for internal quality purposes but Company will not be responsible for any information shared between the users. The information and other details shared for any potential transaction occurring at SWITOK Platform is at their individual risk and SWITOK Platform shares no liability in the event of any damages arising out of such transaction. The exchange of information is solely between the users of SWITOK Platform. This means that both the users are directly responsible to each other for their information shared on the chat window of SWITOK Platform.
2. While using the chat room and chat functionality, You are prohibited to host, display, upload, modify, publish, transmit, update or share such information as listed in section 5.2 and otherwise as mandated by (Indian) Information Technology Act, 2000 and its rules and regulations there under including read with Information Technology (Intermediaries Guidelines) Rules, 2011 (Infotech Laws).
4. At our sole discretion, We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited communications between parties. Regardless, you agree that We are not responsible for any legitimate Communication that is blocked, or for any unsolicited communication that is not blocked.
1. Company rewards the users of the SWITOK Platform through rewards partners which operate digital payments systems. Company retains the right to add or remove or change its rewards partners from time to time. In the event of such additions, removal or changes, Company may notify you through in-app notifications.
2. Company presently rewards its users for (i) creating Content; (ii) getting high number of views and/ or similar engagement on such created Content; (iii) long term usage of the SWITOK Platform; (iv) inviting and/ or introducing new members to the SWITOK Platform. Company reserves the right the change its criteria for rewards at any time at its sole discretion.
4. To facilitate grant of rewards to users by the rewards partners the SWITOK Platform assigns token values called ‘SWITOK Coins’ for the activities listed in section 8.2. The number of SWITOK Coins issued for each of the activities listed in section 8.2 may differ for the respective activities, and the corresponding values for each of the activities shall be notified in-app from time to time.
5. In addition to allowing users to claim rewards from the rewards partners though the use of SWITOK Coins, Company allows the users of the SWITOK platform to use the accumulated SWITOK Coins for paid activities within the SWITOK Platform.
6. Rewards partners specific terms:
1. India: PayTM Wallet (One97 Communications Private Limited)
1. A claim for rewards through PayTM can only be made by a user (i) who has an active account on both the SWITOK Platform and the PayTM platform; (ii) whose registered mobile number on both the SWITOK Platform and the PayTM platform is the same.
2. A minimum of 5000 SWITOK Coins must to be assigned to and available with a user at the time of any claim for rewards.
3. 1000 SWITOK Coins shall entitle a user to a credit of INR 1/- to the users PayTM digital wallet. Company can modify the coin conversion rate at its discretion solely and it will be updated on the app interface.
1. We view the removal or "take down" of Content from the SWITOK Platform as a significant step. Consequently, if you believe Your copyright has been infringed by a posting on the SWITOK Platform, We ask that You send notification to Our ‘Designated Agent’ (as identified below). To be effective and to support immediate removal of the allegedly infringing Material or Content, Your notification to Our Designated Agent needs to include the following:
1. Detailed identification of your copyrighted or otherwise protected work that You believe has been infringed.
2. Identification of the specific Content or Material on the SWITOK Platform that You claim is infringing Your copyrighted or otherwise protected work identified in item #1 above.
3. Your contact information (email address preferred).
4. Contact information for the owner/administrator of the allegedly infringing webpage or other Content (email address preferred).
5. You must also include the following statements in Your written notification:
“I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. You must then sign Your written notification.
7. Finally, send the completed written notification to support@SWITOK.com
1. Company, the Company logo and other Company trademarks, service marks, graphics, and logos used in connection with the SWITOK Platform are trademarks or registered trademarks of Company and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the SWITOK Platform and/or to the extent stipulated herein, the Content is the copyright of Company and/or its licensors and Content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
1. Any implied warranties including those prescribed by statute are expressly disclaimed.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SWITOK PLATFORM IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. COMPANY, COMPANY’S LICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY, COMPANY’S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SWITOK PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE SWITOK PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SWITOK PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE SWITOK PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY COMPANY, ITS AFFILIATES COMPANY’S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
3. SWITOK IS AN INTERMEDIARY PLATFORM IN ACCORDANCE WITH THE INFOTECH LAWS. WE ALLOW USERS TO ACESS AND USE CONTENT AND CONTRIBUTE MATERIALS, WHILE EXERCISING DILIGENCE TO THE EXTENT REUQIRED UNDER THE APPLICABLE INFOTECH LAWS. WE DO NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ACTIONS, OUTCOME, INFORMATION IN CONNECTION WITH THIS SWITOK PLATFORM OR THE CONTENT OR MATERIALS, NOR DO WE WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID, DISPLAYED, PROMOTED OR PROVIDED FOR IN THIS SWITOK PLATFORM, AS IT IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN INCLUDING WHILE PROVIDING ANY MATERIALS.
1. IN NO EVENT WILL COMPANY, ITS AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE INMOBI APPLICATION, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES’ AND/OR ITS LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT EQUIVALENT TO FIVE HUNDRED UNITED STATES DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
2. Nothing in these Terms shall limit or exclude Our liability for:
1. Death or personal injury resulting from Our gross negligence;
2. Fraud or fraudulent misrepresentation; and
3. Any other liability that cannot be excluded or limited by applicable laws.
1. These Terms will terminate automatically if You fail to or Company suspects that You have failed to comply with its terms and conditions. In such event, Your SWITOK Platform may be disabled and You must cease using the SWITOK Platform, the Content and other Materials comprising the SWITOK Platform. Company reserves the right, without liability, to change, suspend, remove, disable or terminate access to the SWITOK Platform, Content and other Materials comprising the SWITOK Platform or certain areas or features of the SWITOK Platform, at any time for any reason (including without limitation to protect Our interests, on account of investigation for a suspected violation of these Terms or as a result of Us finding that a violation of these Terms has occurred), with or without notice. Company further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the SWITOK Platform, the Content and Materials comprising the SWITOK platform and/or its features, or any part thereof, without prior notice provided however that Company will comply with all applicable privacy laws in implementing such changes.
1. You hereby agree to defend, indemnify and hold harmless Company, its Affiliates, licensors, third party partners, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the SWITOK Platform, Content and any Materials comprising the SWITOK Platform; (ii) Your Materials contributed to the SWITOK Platform (iii) Your violation of any term of these Terms; (iv) Your violation of any terms and conditions, policies etc. accepted by You; and (v) Your violation of any third party rights.
This defense and indemnification obligation will survive these Terms and Your use of the SWITOK Platform.
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including pandemics, epidemics, war, strikes, industrial action, lock outs, government lockdowns/ shutdowns, accidents, fire, blockade, terrorism or threat of terrorism, natural catastrophes, failure of public or private telecommunications networks (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; (b) We will use Our reasonable endeavours to find a solution by which Our obligations under these Terms may be performed despite the Event Outside Our Control.
2. GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, these Terms, its subject matter and its formation, are governed by Indian law. You and We both agree that the competent courts of India will have non-exclusive jurisdiction.
3. SUPPORT: Any enquiries you may have about Our service and features or if You need assistance with the SWITOK Platform, You may write to Us at firstname.lastname@example.org.