Plain English End User License Agreement (EULA)
Welcome! I’m your Sweep Imp. Here on the left you’ll find our plain-English EULA which is not legally binding, and the corresponding legal EULA on the right.
By using me, you agree to these terms. My makers can update these terms from time to time, they last updated this policy on April 10th, 2019.
Onward!
Legal End User License Agreement
Date of Last Revision: April 10, 2019
Welcome, and thank you for your interest in Sweep Imp (“Sweep Imp”, “we”, “us” or “Operator“) and our website at SweepImp.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you, the User (“You” or “User“) and Sweep Imp regarding Your use of the Service.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING SWEEP IMP’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES SWEEP IMP MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND SWEEP IMP’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SWEEP IMP AND BY YOU TO BE BOUND BY THESE TERMS.
The use of the Service is restricted solely to legal purposes. If You do not agree with all or part of the Terms, please refrain from any use of the Service. The Operator reserves its right to terminate Your use of the Service if You don’t not comply with any or all of the Terms.
The Service is active and accessible at all hours of the day, every day, and You may use it at all times. However, the activity of the Service may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
Please read the Sweep Imp Privacy Policy (https://SweepImp.com/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Sweep Imp Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
It is hereby clarified that the Operator serves solely as a platform which helps its Users to keep track of the User’s s and giveaways sweepstakes, giveaways and contests and to manage such sweeps and giveaways, and therefore the Operator shall have no liability regarding any of Your communication with third parties which provide the services that you may manage via the Service.
What I Do
I make sweepers lives easier by automating some of the sweeping tasks, like:
- Sharing sweeps on social media
- Creating re-entry notifications and to-do lists
- And more
I guess you already know that, so let’s move on, shall we?
1. Sweep Imp Service Overview
The Service provides, among other things, a sweepstakes management tool that enables users to periodically release posts on social media services, get periodic reminders to enter sweepstakes, among other tools for sweepstakes management.
Who’s Life Can I Make Easier
You must be at least 18 years old for me to help you. I also can’t help you if you were ever banned from using my service, and you mustn’t break the law by using it.
2. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
Accounts
I may use social media accounts as my registration. For any support issues, please contact my support team.
3. Accounts and Registration
To access the features of the Service, you must register for an account. Registering an account will be done using third-party tools (as defined in Section 7). When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If you believe that your account is no longer secure, then you must immediately notify us at support@SweepImp.com.
Payments
My makers charge a monthly or yearly subscription fee for my premium plans and features, their prices are here.
My makers may change plan prices from time to time, but once you registered to a plan, its price will never go up, unless you registered to a limited-time plan.
My makers don’t provide refunds, but upgrading to a higher-priced plan will take into account the remaining time in your current plan.
You can use my free plan as long as you like.
To unsubscribe a plan, you can either delete your account or contact my support team.
4. General Payment Terms
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
It is clarified that the Operator reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.
The subscription is personal and non-transferrable.
4.1 Price
You may sign up for a basic account for free, and it is also possible to subscribe for several subscription plans at prices as determined by the Operator. The Operator may change the prices at any time as well as any of the provided service in a certain pricing plan at its sole discretion and You will not have any claims against the Operator in such cases.
Sweep Imp reserves the right to determine pricing for the Service. Sweep Imp will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: http://app.sweepimp.com/plans. Sweep Imp may change the fees for any feature of the Service, including additional fees or charges, if Sweep Imp gives you advance notice of changes before they apply. Sweep Imp, at its sole discretion, may make promotional offers with different features and different pricing to any of Sweep Imp’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case. Any subscription plan will be automatically renewed until cancelled by the User, and in case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
4.2 Authorization
You authorize Sweep Imp to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Sweep Imp, to the payment method specified in your account. If you pay any fees with a credit card, Sweep Imp may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
4.3 Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Sweep Imp to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by deleting your account or by contacting us at: support@SweepImp.com.
4.4 Delinquent Accounts
Sweep Imp may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
4.5 Unsettled Payments
Should a User not settle any payment of subscription fees, the following shall occur:
The User will receive a reminder via email to settle any due payments;
Should a User not settle such payment within 7 days from such notice, the User’s access to his account will be blocked;
Should a User not settle such payment within 30 days from such notice, all of the content in the User’s account will be deleted without any ability to restore any deleted content.
This section shall not derogate from the Operator’s rights to collect any unpaid fees including via taking legal actions against such User.
It is clarified that the Services of the Operator shall not be considered as a replacement for storage and/or backup services and therefore the Operator shall not be liable for any loss and/or deletion of data and content uploaded by the User for backup and/or storage purposes. It is clarified that upon cancelling Your subscription any data and content that You uploaded to Your account will be stored for a limited time as will be determined by the Operator and thereafter will be deleted without any ability to restore any deleted content.
The Operator reserves its rights to shut down the Service or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the User will not be entitled to any refund and/or payment deduction paid by the User for the Services.
Sweep Imp (That’s me!) Usage Limits
I may be used only by the social media account owner, and may not be used in ways not clearly intended through the website. E.g. scraping, reselling, reverse-engineering, copying, or redistributing data, logic, or code.
My makers will LOVE to hear your suggestions of how to make me better – drop them a line.
5. Licenses
5.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, Sweep Imp grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.
5.2 Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.
5.3 Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Sweep Imp an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership
My makers own the service and all of my content, please respect that.
6. Ownership; Proprietary Rights
The Service is owned and operated by Sweep Imp. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Sweep Imp are protected by intellectual property and other laws. All Materials included in the Service are the property of Sweep Imp or its third party licensors. Except as expressly authorized by Sweep Imp, you may not make use of the Materials. Sweep Imp reserves all rights to the Materials not granted expressly in these Terms.
More Tools I Use
I need to send your sweeps to social media services, this is what I do.
I also use other third-party tools for my proper function.
7. Third Party Terms
7.1 Third Party Services and Linked Websites
Sweep Imp provides tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Sweep Imp with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that Sweep Imp may transfer that information to the applicable third party service. Third party services are not under Sweep Imp’s control, and Sweep Imp is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Sweep Imp’s control, and Sweep Imp is not responsible for their content.
7.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
Your Content
When you create a sweep, it’s content still belongs to you, but you allow me to show it to people and others can enter it. Don’t post porn or spam or be a jerk to other people using my service.
You still have control over your sweeps, and responsibility for them, and the rights you grant me are limited to those I need to provide my service. My makers have the right to remove content or close accounts if they need to.
8. User Content
8.1 User Content Generally
Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
8.2 Limited License Grant to Sweep Imp
By providing User Content to or via the Service, you grant Sweep Imp a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4 User Content Representations and Warranties
Sweep Imp disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Sweep Imp and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Sweep Imp, the Service, and these Terms;
b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Sweep Imp to violate any law or regulation; and
c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, or otherwise inappropriate.
The following serves as a guide to help illustrate generally the types of content that fall within the scope of Sweep Imp’s policy on Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Sweep Imp may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Sweep Imp’s Services integrate or interoperate.
A Threat of Physical Harm includes:
- Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content, such as the Ku Klux Klan, Nazi Party, and the like.
Harassment includes:
- Revealing someone’s personal information, also known as “doxxing”.
- Online stalking, and bullying.
- Wishes for physical harm directed at a person or persons.
- Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain a Threat of Physical Harm, or Harassment.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Harassment, or A Threat of Physical Harm.
- A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
8.5 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Sweep Imp may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Sweep Imp with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Sweep Imp does not permit copyright-infringing activities on the Service.
It is clarified that the Services of the Operator shall not be considered as a replacement for storage and/or backup services and therefore the Operator shall not be liable for any loss and/or deletion of data and content uploaded by the User for backup and/or storage purposes. It is clarified that upon cancelling Your subscription any data and content that You uploaded to Your account will be stored for a limited time as will be determined by the Operator and thereafter will be deleted without any ability to restore any deleted content.
8.6 Monitoring Content
Sweep Imp does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Sweep Imp reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Sweep Imp chooses to monitor the content, Sweep Imp still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
Be Nice
Don’t use my service for any illegal/shady stuff or use it in ways not intended.
9. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
- modify or create derivatives of any part of the Service;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Sweep Imp’s systems or networks, or any systems or networks connected to the Service or Sweep Imp;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.
Copyright
My makers and I, we respect copyrights. You should, too. If anything is wrong, please send an email with all the details to copyright@SweepImp.com.
10. Copyright
10.1 Content Ownership
The ownership and the intellectual property rights of contents of third parties including images displayed in the Service are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Service. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Service, including any future changes to the Third Party Agreements.
The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email: copyright@SweepImp.com.
10.2 Repeat Infringers
It is Sweep Imp’s policy to promptly terminate the accounts of users that are determined by Sweep Imp to be repeat infringers.
Changes To My EULA
If anything changes, I will let you know at least 14 days ahead of time via this website. If you don’t like the new terms, please stop using my services.
11. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) fourteen (14) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Termination
My makers may stop me from providing services at any time. You can also stop using your account or close your account at any time. If you do, my makers will treat your information responsibly.
12. Term, Termination and Modification of the Service
12.1 Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
12.2 Termination
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Sweep Imp may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at support@SweepImp.com.
12.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Sweep Imp any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15, 16 and 17 will survive and so will all sections regarding intellectual property and limitation of liability.
It is clarified that the Operator reserves its right to change and/or terminate the activity of the Service, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
12.4 Modification of the Service
The Operator reserves its rights to shut down the Service or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the User will not be entitled to any refund and/or payment deduction paid by the User for the Services.
Your Actions – Your Responsibility
If my makers are sued because of something you made me do, you have to pay their costs.
13. Indemnity
You are responsible for your use of the Service, and you will defend and indemnify Sweep Imp and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Sweep Imp Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Aligning Expectations
My makers provide my service as is, and they make no promises or guarantees about my service. Please read this section carefully; you should understand what to expect.
14. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SWEEP IMP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SWEEP IMP DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SWEEP IMP DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SWEEP IMP ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SWEEP IMP ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
HOWEVER, SWEEP IMP DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SWEEP IMP IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
My makers are creating me the best they can, but they can’t promise I’ll be perfect. They’re not liable for various things. If you think they are, they’d like to work it out like adults.
15. Limitation of Liability
The Operator has no relation and/or connection to any of Your actions using the Service and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service.
The Operator does not warrant that all links available on the Service are active and/or will lead to an active website, and/or are considered up to date and current, and the existence of such link shall not be considered as any opinion, recommendation or advice regarding any content appearing in such link. In no case shall the Operator have any liability regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links may be available on the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SWEEP IMP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SWEEP IMP ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE SWEEP IMP ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SWEEP IMP FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some More Stuff
You can always email me at support@SweepImp.com.
Oh, and another thing, Florida is beautiful this time of year. It doesn’t matter what time of year it is, that’s what’s so great! Anyway, if things go really wrong, you’ll have to sue my makers here.
16. General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Sweep Imp regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.1 Governing Law
These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Sweep Imp agree that any disputes or proceedings between Sweep Imp and you concerning these Terms, and/or any of the Sites or Services shall be brought in a court of competent jurisdiction sitting in Indialantic, Florida, and hereby consent to the personal jurisdiction and venue of such court.
16.2 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.3 Contact Information
The Service is offered by Sweep Imp. You may contact us by emailing us at support@SweepImp.com. You can access a copy of these Terms by clicking here: www.SweepImp.com/terms.
16.4 International Use
Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
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That’s All, Folks!
Actually, I’m quite surprised and impressed you got so far!
Kudos to you, here’s a star to celebrate your achievement: