1. Basic Terms

These Terms of Service ("Terms") govern your access to and use of the services and Swoova's websites (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these terms. By accessing or using the Services, you agree to become bound by all these terms and conditions of this agreement, all applicable laws and regulations and agree that you are responsible for the compliance with any applicable local laws. If you do not agree to all of the terms and conditions of this agreement, you are prohibited from using or accessing the Services.

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (All Content privacy levels can be changed, please see the Privacy Policy regarding this). You should only provide Content that you are comfortable sharing with others under these Terms.

2. Access to the Services

Subject to the terms and conditions of this agreement, Swoova may offer to provide the Services, as described more fully on the site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Swoova performs for users, as well as the offering of any Content (as defined below) on the site.

Swoova may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Swoova may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Swoova reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice via e-mail, where possible, or on the Site. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such modification constitutes your acceptance of the terms and conditions of this agreement as modified.

You certify to Swoova that you are at least 13 years of age. No one under the age of 13 may provide any personal information to or on Swoova (including, for example, a name, address, telephone number or email address). By using Swoova you also certify that it is legally permitted for you to use the Services and access the site, and takes full responsibility for the selection and use of the Services and access of the site. This Agreement is void where prohibited by law, and the right to access the site is revoked in such jurisdictions. Swoova makes no claim that the site may be lawfully viewed or that content may be downloaded outside of the United Kingdom. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Swoova will use reasonable efforts to ensure that the site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Swoova to minimise such disruption where it is within Swoova's reasonable control.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Swoova on the Services are subject to change. In consideration for Swoova granting you access to and use of the Services, you agree that Swoova and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Sharing of such Content agrees to grant Swoova a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Content and to allow others to do so ("Content License") in order to provide the Services. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Swoova 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 Services or broadcast elsewhere.

Permission is granted to temporarily download one copy of the materials (information or software) on Swoova's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. Modify or copy the materials;
2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. Attempt to decompile or reverse engineer any software contained on Swoova's web site;
4. Remove any copyright or other proprietary notations from the materials; or
5. Transfer the materials to another person or "mirror" the materials on any other server.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Swoova at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

On termination of an account on Swoova and the use of the Services, user Content stored shall, in most circumstances be removed. However, by sharing Content and distributing Content on the Service, you agree that caching of, or references to the Content may not be immediately removed. On sharing Content, if a privacy level is set to "everyone" we cannot guarantee that the Content will be removed from third-party sources, therefore before sharing any Content we strongly recommend you read the Privacy Policy. User warrants, represents and agrees the user has the right to grant Swoova and the Services the rights set forth above and agrees that it will not contribute any user Content that:

1. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
2. Is defamatory, obscene, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third party. This therefore prohibits users from:
1. Accessing unauthorised accounts which are not registered to the user.
2. Removing or revising any material posted by another user without their permission.
3. Using any device, software or routine to tamper to interfere with the upkeep and proper working of the Services and any activity conducted on this Site.
4. Sharing or disclosing your password with any third parties or using your password for any unauthorised purpose.

A violation of these agreements may be grounds for termination of your right to Services or to access the site.

1. Contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
2. Remains posted after user has been notified that such user Content violates any of sections of this sentence.

Swoova reserves the right to remove any user Content from the site, suspend or terminate users right to use the Services at any time, or pursue any other remedy or relief available to Swirve and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such user Content or if Swoova is concerned that the user may have breached the immediately preceding sentence), or for no reason at all.

Swoova has not reviewed all of the sites linked to its website and Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Swoova of the site. Use of any such linked web site is at the user's own risk.

3. Warranty Disclaimer

Swoova has no special relationship with or fiduciary duty to user. User acknowledges that Swoova has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content user accesses via the site in respect to the Privacy Policy; what effects the Content may have on the user; how the user may interpret or use the Content; or what actions the user may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user who posted the Content. Swoova does not monitor the Content of the Site and takes no responsibility for such Content, however will respond in such cases where the Content on the site has been reported through Swoova. User releases Swoova from all liability for the user having acquired or not acquired Content through the Site. The Site may contain, or direct user to sites containing, information that some people may find offensive or inappropriate. Swoova makes no representations concerning any content contained in or accessed through the site, and Swoova will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the site.

The materials on Swoova's web site are provided "as is". Swoova makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Swoova does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4. Limitations

In no event shall Swoova, its directors, officers, employees, suppliers or its members be liable with respect to the Site or the Services for:

1. Any indirect, incidental, punitive, or consequential damages of any kind whatsoever.
2. Damages for loss of use, profits, data, images, user Content or other intangibles.
3. Damages for unauthorized use, non-performance of the Site, errors or omissions.
4. Damages related to downloading or posting Content.

Swoova's and the Site's collective liability under this agreement shall be limited to 50 British Pounds. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Indemnity (Compensation)

You will indemnify and hold Swoova, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

6. Revisions and Errata

The materials appearing on Swoova's web site could include technical, typographical, or photographic errors. Swoova does not warrant that any of the materials on its web site are accurate, complete, or current. Swoova may make changes to the materials contained on its web site at any time without notice. Swoova does not, however, make any commitment to update the materials.

7. Site Terms of Use Modifications

Swoova may revise these terms of use for its website or Services at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Third Party Sources

Users of the site may gain access from the site to third party sources or services on the Internet through hypertext or other computer links on the site. Third party sources are not within the supervision or control of Swoova or the site, therefore before sharing any Content or user information with any third party source we strongly recommend you read and verify the Privacy Policy. Unless explicitly otherwise provided, neither Swoova nor the site make any representation or warranty whatsoever about any third party source that is linked to the site, or endorse the products or services offered on such site. Swoova and the site disclaim:

1. All responsibility and liability for content on third party sources and
2. Any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information)

You might be requested to give any third party, and you hereby irrevocably waive any claim against Swoova or the site with respect to such sites and third party content.

9. Governing Law

Swoova makes no claim that the site may be lawfully viewed or that the Content may be downloaded outside of the United Kingdom. Access to the Content may not be legal by certain persons or in certain countries. If you access Swoova from outside the United Kingdom, you do so at your own risk and any claim relating to Swoova's website shall be governed by the laws of your jurisdiction without regard to its conflict of law provisions. To the fullest extent allowed by law, Swoova disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this site. By using this site, you acknowledge that Swoova is not responsible or liable for any harm resulting from:

1. Use of the site.
2. Downloading information contained on the site including, but not limited to Content accessed or downloaded by users.
3. Unauthorised disclosure of images, information or data that results from the upload, download or storage of content posted by users.
4. The temporary or permanent inability to access or retrieve any user Content from the site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Under some countries, jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to user.

10. Registration and Security

As a condition to using Services, users will be required to register with Swoova and provide the default required information as stated in the Privacy Policy. Users shall provide Swoova with accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Users may not:

1. Select or use, an identifying name of another person with the intent to impersonate that person; or
2. Use, an identifying name subject to any rights of a person other than the user without appropriate authorisation.

Swoova reserves the right to refuse registration of, or cancel an account at its discretion. You shall be responsible for maintaining the confidentiality of your account password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agrees to and hereby releases the site and Swoova from any and all liability concerning such activity. You agree to notify Swoova immediately of any actual or suspected loss, theft, or unauthorised use of your account or password. The site will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorised persons or entities.

11. Payments

Some of the Services provided require payment. All payment charges are stated in GBP. When making a purchase:

1. When you confirm a transaction on Swoova, you agree to be bound by and pay for that transaction.
2. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
3. Don't commit to a transaction unless you are ready to pay, because all sales are final.
4. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
5. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
6. We make no warranties of any kind, express or implied, with respect to any products or services sold on or through Swoova.

You shall pay all applicable fees, as described on the Site in connection with such Services that you select, and any related taxes or additional charges. All payments are non-refundable unless expressly stated otherwise on the Site. You represent to Swoova that you are the authorised account holder or an authorised user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided "as is" with no warranties of any kind. Swoova may modify and/or eliminate such fee-based Services at its discretion. You understand and agree that the payment for virtual goods grants you a limited license to use the virtual goods as specified on the Site.

Swoova may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.

12. Payments

Either party may terminate the Services at any time by notifying the other party by any means. Swoova may also terminate or suspend any and all Services and access to the site immediately, without prior notice or liability, if you breach any of the terms or conditions of this agreement.

Upon termination of your account, your rights to use the Services, access the site and any Content will immediately cease. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the site and the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Swoova or the Site, including without limitation any indemnification obligations contained herein.

13. Privacy Policy

Your privacy is important to us, our Privacy Policy is designed to protect and govern the user of personal information on the site and to which you agree to be bound by as a user of the site.

14. Copyright Policy

Swoova has adopted the following policy toward copyright infringement with respect to the site and Services in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf.

Swoova respects the intellectual property rights of others and expects users of the 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 that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. 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.
4. Your contact information, including your address, telephone number, and an email address.
5. A statement by you that you have 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.
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised 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, Swoova will also terminate a user's account if the user is determined to be a repeat infringer.

15. Definitions

By "Swoova" we mean the features and Services we make available, including:

1. Through our website and any other Swoova branded or co-branded website, including the access to sub-domains, international versions, portable and mobile versions.
2. Any Swoova social interaction features, including any sharing functionalities.
3. Other media, software, devices or networks now existing or later developed.

By "information" we mean facts and other information about you, including information we obtain through you directly and indirectly and actions you take on Swoova and the Services.

By "Content" we mean anything you share and distribute on Swoova that would not be included in the definition of "information".

By "share" we mean Content that you distribute on Swoova, the Services provided and any third party sources in respect with the Privacy Policy.

By "Services" we mean anything Swoova provides on this or from any other sources or sites.

By "site" we mean www.swoova.com and all associated sub-domains owned and operated by Swoova, Inc ("Swoova")

The services are accessed by the "user", "you" and by "your" we mean the account which is currently using or accessing the Services.