This website is owned and operated by Swidget Corp. and its subsidiaries and affiliates (collectively “Swidget,” “we,” “us,” or “our”). These Terms of Service (“Terms”) and our Privacy Notice govern your legal rights to use or access our services, software, mobile application, and our websites (the “Services”) and Swidget hardware products or devices (“Products”). Please read these Terms and our Privacy Notice carefully before using the Products or Services. By using or accessing our Products or Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below and our Privacy Notice, which is hereby incorporated by reference. These Terms and the Privacy Notice (together with other user agreements, where applicable) constitute a binding legal agreement between you and Swidget (this “Agreement”).
*If you do not agree with these Terms, please do not use our Products or Services. *
This Agreement represents the entire understanding relating to your use of the Products and Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and Swidget. All rights not expressly granted herein are reserved by Swidget.
Specific areas or pages of our websites may include additional or different terms relating to the use of our Products or Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall prevail.
The term “you,” as used in these Terms, includes any person or entity who is the owner of the Product and creates an account associated with the Product (“Owner”), as well as any person or entity authorized to access or use the Owner’s Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but the Owner hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your account, Products, and Services.
You represent and warrant that you are of legal age in your jurisdiction to form a binding contract (or if not, that you are over the age of 13 and you’ve received your parent’s or guardian’s permission to use the Services and they have agreed to the Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
CHANGES TO THIS AGREEMENT AND SERVICES
Swidget is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the Swidget.com website, notifying you through the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
ACCESS AND USE; GUIDELINES FOR INSTALLATION AND USE
All right, title and interest in the Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by Swidget, its licensors, or designated third parties. Subject to these Terms, Swidget grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of controlling and monitoring the Products installed in your property and solely for your personal, non-commercial use.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Swidget, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to:
(1) any laws or regulations relating to the recording or sharing of video or audio content, and/or (2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services.
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the legal right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:
- Infringes or violates the intellectual property rights or any other rights of any person or entity (including us);
- Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Swidget account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or hacks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content; or
a violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
TRADEMARKS AND COPYRIGHTS
Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Swidget or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Swidget is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not. Swidget expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links.
You may have the ability to publicly post or upload materials (including, without limitation, video, images, audio, commentary) (the “Content”) captured through or in connection with your use of the Products and Services.
You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Products or Services (collectively, “Shared Content”). You represent and warrant that:
(a) you own the intellectual property rights in Shared Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (b) the posting and use of your Shared Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
You hereby grant Swidget and its licensees an unlimited, irrevocable, royalty-free, perpetual, worldwide right to re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from and otherwise exploit such Shared Content for any purpose and in any media formats in any media channels without compensation to you. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Swidget reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion. If you see Content that you believe violates our Terms, please report it to us by emailing firstname.lastname@example.org.
SHARED CONTENT AND PERMISSION FROM YOU
Swidget does not claim ownership of your intellectual property rights in Shared Content.
However, by purchasing or using our Products and Services, you give Swidget the right, without any compensation or obligation to you, to access and use your Shared Content for the limited purposes of providing Services to you, improving our Products and Services, and developing new Products and Services.
Additionally, by electing to publicly share your Shared Content, in addition to the license granted above, you give Swidget the right, without any compensation or obligation to you, to access and use your Shared Content for the purposes of publicly sharing it with current and future users and allowing those users to comment on the Shared Content.
In addition to the rights granted above, you also acknowledge and agree that Swidget may access, use, preserve and/or disclose your Shared Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:
(a) comply with applicable law, regulation, legal process or reasonable governmental request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Swidget, its users, a third party, or the public as required or permitted by law.
CANCELLATIONS, REFUNDS, AND PAYMENTS
Cancellation of Services
You may cancel your account by contacting us or through your Swidget account, at any time, with or without cause.
Product Refund. If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to us). We will refund the price you paid for the Product excluding original shipping charges.
If we charge less than the correct or advertised amount on a transaction, we have the right for thirty (30) days after the original transaction date, to complete subsequent transaction attempts in order to rectify the incorrect payment or to cancel the order. Should this occur, you have the right to reject such charge and cancel your original transaction for a full refund in accordance with our Refund Policy.
THIRD PARTY SERVICES
You may be allowed to access or acquire products, websites, applications, content or services from third parties (“Third Party Services”) through our Services. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by Swidget of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Swidget has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the content, accuracy, reliability, quality or security of any such Third Party Services. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.
From time to time, Swidget may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that Swidget may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Swidget is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through our websites or our Services (“communications”), including e-mails to Swidget, postings on social media channels, or postings on interactive portions of our websites, shall be deemed and shall remain the property of Swidget. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Swidget is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through our websites, via e-mail, or by any means, you hereby RELEASE Swidget from any liability under any legal jurisdiction in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to our websites or to Swidget, you hereby grant Swidget, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
PRODUCTS AND SOFTWARE
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Our software is copyrighted by Swidget or its licensor(s), and may be protected by one or more patents owned by Swidget or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, and subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control.
To the fullest extent permitted by law, you acknowledge and agree that you will defend, indemnify and hold Swidget harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any claim brought against us by any third party as a result of your or your Authorized Users’ use of the Services and Products, notwithstanding the foregoing this indemnification shall not apply to claims based on Swidget’s own willful, wanton, or intentional misconduct by Swidget.
NO REPRESENTATIONS OR WARRANTIES
Swidget makes no representations or warranties that our Products or Services are free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of our websites or Swidget’s computer systems.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND SWIDGET DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SWIDGET BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SWIDGET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SWIDGET DISCLAIMS ALL LIABILITY OF ANY KIND OF SWIDGET’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SWIDGET 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 IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD SWIDGET HARMLESS FROM, AND YOU COVENANT NOT TO CLAIM DANAGES BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICES.
JURISDICTION AND CHOICE OF LAW
Swidget controls and manages the Services from its facilities in the province of Ontario in Canada. Unless otherwise stated, materials and content on the Services are presented solely for promoting Products and Services in Canada or the United States of America. Information published on the Products and Services may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Products or Services are legal, available or appropriate in your country or region.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the Country of Canada, without giving effect to any principles of conflicts of law.