Swiiit offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the 'Service') on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time.
You must be at least 21 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.swiiit.com, its sub-domains, and any international counterparts and sub-domains.
Swiiit Terms of Service Agreement
Last updated on 11/11/10
You (the "User"), by using, accessing, or attempting to interact with, Swiiit, or other Swiiit applications, services, websites, or any of their licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with CommonTown Pte Ltd.
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of CommonTown Pte Ltd. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree that you will only use the Services if you are a person over 21 years of age.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the laws in the Singapore.
The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
2. Acceptable Use
Swiiit does not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libellous.
Users posting any of the above content on their sites will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Swiiit will suspend the services of the member account until a resolution is met between CommonTown Pte Ltd and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, Swiiit does not allow any of the following:
- Users may not use the Service as a remote storage server only.
- Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
- Users must exercise caution when hosting large downloads (>10MB). Swiiit reserves the right to refuse to host any large downloadable files.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Swiiit’s servers. Users deemed to be using Swiiit solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of CommonTown Pte Ltd.
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
3. Material and Products
CommonTown Pte Ltd provides Services on an "as is" basis.
CommonTown Pte Ltd shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.
Use of Swiiit services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web.
It is not the responsibility of CommonTown Pte Ltd to provide free support for the User in the use and operation of CommonTown Pte Ltd.
Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by Swiiit are provided for a fee and the User is liable for such fees.
The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
- The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
4. Swiiit Etiquette and Privacy
Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of the CommonTown Pte Ltd may not be used to impersonate another person or misrepresent authorization to act on behalf of others or CommonTown Pte Ltd.
All messages transmitted via Swiiit, Inc. should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
All users shall not attempt to undermine the security or integrity of computing systems or networks of CommonTown Pte Ltd, or those accessed through or with their product, and must not attempt to gain unauthorized access.
- Swiiit reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User's website on the Swiiit system.
5. Age and Nature of the User
The User certifies that he or she is a person at least 21 years of age.
The Services may not be used by any automated device or automated computational machine.
The Service may only be used or accessed through an electronic device under the manual control of User at all times.
6. Lawful Purpose
Services provided to or used by the User may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by User in violation of any Singapore Laws or regulations..
This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
Users are prohibited from using CommonTown Pte Ltd services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which CommonTown Pte Ltd deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the
CommonTown Pte Ltd management.
The subscriber agrees to indemnify and hold harmless and defend CommonTown Pte Ltd from any claims resulting from the User's use or User's allowed use by others of the Services which damages either CommonTown Pte Ltd, its officers, its employees, its directors, its partners, or another party or parties.
7. Limited Liability
User shall defend, indemnify, save and hold CommonTown Pte Ltd (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
User shall defend, indemnify and hold harmless CommonTown Pte Ltd (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
Under no circumstances, including negligence, shall CommonTown Pte Ltd. (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing CommonTown Pte Ltd. services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the CommonTown Pte Ltd service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to CommonTown Pte Ltd records, programs or services. This paragraph shall apply to all content and functionality of CommonTown Pte Ltd Service.
Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to CommonTown Pte Ltd during the current month.
Such limitations shall apply to CommonTown Pte Ltd total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
8. Trademarks and Copyrights
User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any.
User warrants that its content does not infringe any third party copyrights or patents.
9. Service Reliability and Warranties
CommonTown Pte Ltd makes no warranties or representations of any kind, whether expressed or implied for the Services.
User's, use of CommonTown Pte Ltd services are at User's sole risk. Neither CommonTown Pte Ltd its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that CommonTown Pte Ltd service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the CommonTown Pte Ltd Service, unless otherwise expressly stated in this Agreement.
CommonTown Pte Ltd also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of CommonTown Pte Ltd is at the User's own risk, and CommonTown Pte Ltd specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against CommonTown Pte Ltd are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to CommonTown Pte Ltd for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the Swiiit Service Blog.
Under no circumstances will CommonTown Pte Ltd bear any responsibility for any damages arising as a consequence of such unavailability.
10. Contract Revisions and Applicable Legal Jurisdiction
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way.
CommonTown Pte Ltd reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect. This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the jurisdiction of the courts of Singapore.
This Agreement shall be governed and construed in accordance with the laws of the Singapore and no party shall object to removal or prosecution of any litigation jurisdiction of the courts of Singapore.
This Service may be terminated by either party, without cause, by giving the other party 3 days written notice.
Notwithstanding the above, CommonTown Pte Ltd may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. CommonTown Pte Ltd may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in Singapore.
Upon notice of termination of Services by CommonTown Pte Ltd to User via contact e-mail to User's Services account and contact e-mail account provided in User's personal information, or voluntary termination of service by User, CommonTown Pte Ltd has the right to delete all data, files, or other information that is stored in the User's account for any reason.