The Website enables visitors to the Website (“you”, or “your”) to learn about Swing Street Publishing, its products and services; it may also allow you to submit your comments and various forms of content to us. SWING STREET has created this Site for your personal information, entertainment and enjoyment. You are only authorized to access this Site or to use the materials contained in the Site if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and SWING STREET. The appearance of or reference to any party in any Content on the Site does not suggest that party’s authorization, approval, or endorsement of SWING STREET, the Site, or any other party.
This agreement remains in effect regardless of whether your access or use is intended. Please read these Terms carefully. You should also retain these Terms of Use. If you do not agree with SWING STREET’s Terms of Use, you should leave this Site immediately. Questions, comments or concerns about this Site should be addressed to our Site Administrator at info@goswingstreet.com, Attn: SWING STREET Website Administrator.
USE AND ACCESS
Age. Users must be either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and be 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. You hereby represent and warrant that you are 18 years old or older. In any case, you hereby represent and warrant that you are 13 years of age or older, as this Site is not intended for children under 13. By accessing the Site, you acknowledge and agree that you are not a minor in your state of residence and you agree to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use this Site. A user's right to participate in this site may be terminated without warning, if SWING STREET discovers that a user is under 13 years of age.
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SWING STREET and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You are allowed to view and/or download material from this Site for your own use so long as you ensure all copyright and other proprietary notices are attached to the downloaded material. The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED without prior written consent of SWING STREET, unless expressly permitted by this Site. This covers but is not limited to: any and all text, graphics, logos, photographs, audio/video material or stills from audiovisual material available on this Site. Nothing in these Terms of Use gives you a right to use the SWING STREET name or any of the SWING STREET trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SWING STREET, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You are also prohibited from creating works or materials that are derived from, or are based on the materials contained in this Site including (without limitation), link buttons, fonts, icons, personal and business stationary, wallpaper, desktop themes, electronic postcards, greeting cards and unlicensed merchandise. This prohibition applies whether the derivative materials are sold, bartered or given away.
RESTRICTIONS
You may not do any of the following while accessing or using SWING STREET’s Site and/or Services: (i) access, tamper with, or use non-public areas of the Site and/or Services, SWING STREET’s computer systems, or the technical delivery systems of SWING STREET’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site and/or Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SWING STREET (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SWING STREET (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of SWING STREET is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site and/or Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site/Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site/Services.
SUBNMISSIONS AND MONITORING
This Site may enable you to submit your comments, suggestions, other information and content to SWING STREET PUBLISHING (referred to as “Submissions” and/or “Content”). No Submissions shall impose any obligation on SWING STREET, whether of attribution or otherwise, and SWING STREET shall not be liable for any use or disclosure of any such Submissions.
You retain your rights to any Content you submit, post or display on or through the Site and/or Services. By submitting, posting or displaying Content on or through the Site and/or Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You are responsible for your use of the Site and/or Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that Content you submit to the Site and/or Services may be redistributed/rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. SWING STREET will not be responsible or liable for any use of your Content by SWING STREET in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
SWING STREET reserves the right, but does not have an obligation, to monitor and/or review materials, in whole or in part, posted to the Site or through the Site's services or features by users, and SWING STREET is not responsible for any such materials posted by users. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. SWING STREET does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site and/or Services, or endorse any opinions expressed via the Site and/or Services. You understand that by using the Site and/or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will SWING STREET be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Site and/or Services, or broadcast elsewhere. Any use or reliance on any Content or materials posted via the Site and/or Services, or obtained by you through the Site and/or Services is at your own risk.
You acknowledge and agree that: i) SWING STREET does not have any obligation to review Submissions and ii) SWING STREET does not have any obligation to use or respond to any Submission. We reserve the right at all times (but will not have an obligation) to terminate users or reclaim usernames. SWING STREET reserves the right at all times to read, preserve and disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post/distribute, or to remove any information or materials, in whole or in part, that in SWING STREET's sole discretion are objectionable or in violation of these Terms of Use, SWING STREET's policies or applicable law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to detect, prevent, or otherwise address fraud, security or technical issues, as well as respond to user support requests, or protect the rights, property or safety of SWING STREET, its users and the public. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.
By submitting a Submission, you warrant and represent that (i) you own the proprietary rights to such Submission, (ii) Submission does not infringe any party’s intellectual property, publicity, privacy or other rights, iii) Submission is not defamatory or libelous in nature, iv) you grant, represent and warrant that you have the right to grant, to SWING STREET, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), royalty free, assignable, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on this Site and/or Services and elsewhere.
You agree that this license includes the right for SWING STREET to make your Submission/Content available to other companies, organizations or individuals who partner with SWING STREET for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. You agree that such additional uses by SWING STREET, or other companies, organizations or individuals who partner with SWING STREET, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through SWING STREET’s Site and/or Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Comments submitted to a forum or blog on this Site may be recorded and stored in multiple locations, both on our Site and elsewhere on the Internet. These Submissions will be accessible for a long time and you will have no control over who might read them eventually. You should be cautious and selective with any personal information you disclose about yourself and others. Overall, you should not disclose sensitive, proprietary or confidential information in your comments to any of our public forums or blogs.
COPYRIGHT POLICY
SWING STREET respects the intellectual property rights of others and expects users of our Site/Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe your Content has been copied in a way that constitutes copyright infringement, please provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claiming infringement; (iii) identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including mailing address, phone number, and email address; (v) a notarized statement by the copyright claimant stating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, SWING STREET will also terminate a user’s access/account. Notice of alleged copyright infringement appearing on the Site should be sent to:
Swing Street Publishing.
Attn: Copyright
P.O. Box 846
New York, NY 10025
Email: info@goswingstreet.com
LINKED SITES
If SWING STREET has provided links or pointers to other Web sites, no inference or assumption should be made and no representation should be implied that SWING STREET is connected with, operates or controls these Web sites. An addition, links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. SWING STREET is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may be linked to other Web sites operated by companies affiliated or connected with SWING STREET. When visiting other Web sites, however, you should refer to each such Site’s individual "Terms of Use" and not rely on this Agreement. These Terms of Use only apply to this Site and you should always review the terms and conditions of any third party site that you access through a link from this Site. SWING STREET is not responsible for web casting or any other form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all resulting responsibilities and consequences.
DISCLAIMER OF LIABILITIES AND WARRANTIES
While SWING STREET does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that SWING STREET DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that SWING STREET, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge that SWING STREET is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person. You acknowledge that SWING STREET is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use, or from your inability to use the Site.
INDEMNITY
You agree to defend, indemnify and hold harmless SWING STREET, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
PRIVACY
SWING STREET is committed to safeguarding your privacy. For more information on SWING STREET’s privacy policy, please access the PRIVACY POLICY link here or anywhere else on this Site.
APPLICABLE LAWS
SWING STREET controls and operates the Site from the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you do so at your own initiative and risk, and you are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
OTHER
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
SWING STREET’S failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
SWING STREET may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. SWING STREET may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. SWING STREET maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
SWING STREET reserves the right to modify or amend this Agreement without notice at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes. Please read this page regularly to ensure you are updated on any changes.
CONTACT US
If you have any questions or concerns regarding the Site, please contact us by e-mail at info@goswingstreet.com. If you become aware of misuse of this Site by any person, we would appreciate that you contact our Site Administrator with your concerns.
Terms of Use
Effective January 1, 2012
Terms of Use:
• Ownership
• Use and Access
• Submissions and Monitoring
• Linked Sites
• Disclaimer of Liability and Warranties
• Indemnity
OWNERSHIP
Welcome to the website for SWING STREET PUBLISHING www.goswingstreet.com (also referred to as "Site"), which is operated by SWING STREET PUBLISHING, and most materials on the Site are owned by SWING STREET. This Site may contain and/or include Services provided by SWING STREET. This Site may also contain and/or include materials and/or services owned by third parties that are posted by way of license, grant or other agreement between such third parties and SWING STREET.
• Privacy
• Applicable Laws
• Other
• Contact Us
