DISCLAIMER:
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SWADDLE, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE SWADDLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE SWADDLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SWADDLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INCLUSION OF ANY LINKED WEBSITE ON THE WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY THE SWADDLE. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. THE SWADDLE TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE WEBSITE OR THROUGH THE SWADDLE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. THE SWADDLE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SWADDLE. THE SWADDLE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE. THE SWADDLE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SWADDLE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE SWADDLE SERVICES. UNDER NO CIRCUMSTANCES SHALL THE SWADDLE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SWADDLE SERVICES, ATTENDANCE AT A THE SWADDLE EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE SWADDLE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SWADDLE SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN CONTRACT TORT OR OTHERIWSE. THE SWADDLE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND THE SWADDLE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SWADDLE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE SWADDLE, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION OR DATA WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE SWADDLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Swaddle makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
INDEMNITY:
You agree to defend, indemnify and hold harmless The Swaddle, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorney’s fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the Website; (ii) your violation or non- compliance of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
- conform to legal requirements or comply with legal process;
- protect and defend our rights or property or our affiliated companies;
- enforce the Terms of Use; or
- act to protect the interest of our members or others.
Our performance of these Terms of Use are subject to compliance with existing laws, rules, regulations, as may be applicable, and legal processes and nothing contained in these Terms of Use are in derogation of our rights to comply with any governmental, court and law enforcement requests or requirement relating to your use of the Website or services or information provided to or gathered by us with respect to such use.
ABILITY TO ACCEPT TERMS OF USE:
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
ASSIGNMENT:
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Swaddle without restriction.
GOVERNING LAW AND ARBITRATION:
These Terms of Use shall be governed by and construed in accordance with the laws of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, India.
MISCELLANEOUS:
You agree that: (i) the section titles in these Terms of Use are for convenience only and have no legal or contractual effect; and (ii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and The Swaddle. Nothing contained in these Terms of Use shall constitute you as the agent of The Swaddle or otherwise entitle you to have authority to bind The Swaddle for any purpose.
These Terms of Use together with the Privacy Policy and any other legal notices published by The Swaddle on the Website, shall constitute the entire agreement between you and The Swaddle concerning the Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Swaddle’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Swaddle reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
You and The Swaddle agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues, otherwise the cause of action is permanently barred.
CONTACT:
Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to contact@theswaddle.com