Swiggle, Inc. is the owner and operator of the Swiggle mobile application and any affiliated websites (“Swiggle, us, our, ours, etc.”). Swiggle is a coupon and prize give away game. These Terms of Use are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Swiggle (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Swiggle, (“Materials”).

 

By accessing Swiggle or using the Services, you accept and agree to our website policies, including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or older, (b) you are a resident of and are accessing the Services from the United States, (c) you are not a resident of Nebraska, North Carolina, Ohio, Pennsylvania, or Rhode Island, (d) you have the legal capacity to enter into and agree to these Terms of Use, (e) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (f) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

 

We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of Swiggle. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

 

We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we offer entertaining online chance-based games which fall outside the prohibitions imposed by state and federal gambling laws. Gambling, whether in-person or online, is not legal in all areas. If you seek information regarding any illegal activity, you must leave Swiggle immediately and shall not attempt to use the Services. You agree not to use the Services if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using the Services. Nothing on Swiggle shall be construed as legal advice on any activity relating to gambling. You assume all risk and responsibility for your use of the Services. We bear no responsibility for your use of the Services in connection with illegal gambling activities, and we do not condone illegal gambling. You understand and agree that the Services are for entertainment purposes only. We make no guarantee that the Services are legal in your jurisdiction.

 

A. Accounts

All users may register for a single account on Swiggle, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user. You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

 

B. Points and Coupons

All users may spin the wheel to receive coupons for free or discounted goods and services, or for points which may be exchanged for coupons. We reserve the right to determine what coupons or points are provided to you, and we may revoke any coupons or points if it is determined that you have manipulated the platform or otherwise violated these Terms of Use.

 

If you are a resident of or accessing the Services from Nebraska, North Carolina, Ohio, Pennsylvania, or Rhode Island, you may register for an account and use the Services to spin the wheel and earn coupons and points; however, you will not earn a chance to win grand prizes for used coupons. If you are a resident of or accessing the Services from these states and attempt to redeem used coupons for a chance to win grand prizes, we may terminate your account, and all grand prizes won by you will be null and void.

 

Users of all other states may enter to win grand prizes according to our Promo Rules.

 

D. Termination

You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to Swiggle. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due. We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

 

2. Grant of Rights

A. Materials

You understand that all we are offering you is access to Swiggle and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Swiggle or use the Services. All users may access certain public areas of Swiggle and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Swiggle for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Swiggle or the Materials therein. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Swiggle and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.

 

3. Acceptable Use Policy

You agree that you will only use Swiggle, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Use. You may not use Swiggle, the Services, or the Materials for any other purposes without our express prior written consent.

 

Without our express prior written authorization, you will not:

 

use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms of Use or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:

olaws prohibiting illegal gambling;

ointellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices;

olaws against obscene, lewd, defamatory, or libelous speech; and olaws protecting confidentiality, privacy rights, publicity rights, or data protection.

fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access the accounts of others without permission; misrepresent the source, identity, or contents of the Materials; or perform any other similar fraudulent activity.

engage in platform manipulation.

circumvent, disable, damage, or otherwise interfere with the operations of Swiggle, any user’s enjoyment of Swiggle, or our security-related features or features that prevent, limit, or restrict the use or copying of the Services that enforce limitations on the use of Swiggle or the Materials, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

reverse engineer, decompile, disassemble, or otherwise discover the source code of Swiggle or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

access or use any automated process (such as a robot, spider, scraper, or similar) to access Swiggle in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.

commercially exploit or make available the Services or the Materials therein to third parties including any action or “frame” or “mirror” Swiggle.

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to Swiggle or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of winnings, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Use and certain international, foreign, and domestic laws.

 

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Swiggle receiving a subpoena, discovery request, production order, search warrant, or court order that causes Swiggle to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

 

4. Taxes

You shall be responsible for payment of all taxes related to your winnings, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in suspension or termination of your account.

 

5. Dispute Resolution and Damages

A. Governing Law and Venue

These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms of Use agree that all actions or proceedings arising in connection with these Terms of Use or any services or business interactions between the Parties that may be subject to these Terms of Use shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Use in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Use whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Use. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Use. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

 

B. Waivers

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

 

C. Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Use, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

 

D. Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

 

6. Disclaimers

A. We Disclaim All Warranties

We provide access to Swiggle and use of the Services “as is” and “with all faults.” We make no warranty that Swiggle or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Swiggle or use of the Services will be uninterrupted, timely, secure, error-free, or that loss of content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Swiggle at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Swiggle or any transaction entered into through Swiggle. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade.

 

B. Use at Your Own Risk

You expressly agree that access to Swiggle and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Swiggle or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Swiggle, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Swiggle is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

 

C. Third-Party Links

Swiggle may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Swiggle and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Use or our other policies. We reserve the right to remove or disable any link at any time.

 

D. Violations of Law

Access to Swiggle and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Swiggle and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any service that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

 

7. Indemnification

You agree to defend, indemnify, and hold harmless Swiggle, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Swiggle or the Materials, or any breach of these Terms of Use by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

 

8. Limitation of Liability

You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Swiggle including claims relating to the following:

 

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, illegal gambling, any financial loss not due to the fault of Swiggle, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Swiggle, unavailability of Swiggle, its functions and any other technical failure that may result in inaccessibility of Swiggle, or any claim based on vicarious liability for torts committed by individuals met on or through Swiggle, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

 

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Swiggle, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

 

We expressly disclaim any liability or responsibility to you for any of the following:

 

Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.

 

Personal injury or property damage of any nature resulting from your access to and use of Swiggle.

 

Any third party’s unauthorized access to or alterations of your account, transmissions, or data.

 

Any interruption or cessation of transmission to or from Swiggle and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Swiggle.

 

Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Swiggle by any third party.

 

Any incompatibility between Swiggle and your other services, hardware, or software.

 

9. Intellectual Property

A. Trademarks

Swiggle is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Swiggle may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Swiggle.

 

B. Copyrights

The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Swiggle, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Use violates our intellectual property rights.

 

10. Additional Terms for Mobile Users

A. Apple Users

If you download our Apple mobile application (“Apple App”), the following apply to you:

 

Both parties acknowledge that these Terms of Use are between you and us only, and not with Apple, and we, not Apple, is solely responsible for Swiggle and the Materials.

 

We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by the Apple’s Terms of Use, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

 

We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms of Use or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.

 

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

 

Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Use do not limit our liability to you beyond what is permitted by applicable law.

 

Both parties acknowledge that, in the event of any third-party claim that the Apple App or your possession and/or use thereof infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

You may send questions, complaints, and claims related to the App to:

 

Swiggle, Inc.

615 San Marco Dr

Fort Lauderdale, FL 33301

sales@winspin.com

 

You must comply with applicable third-party terms of agreement when using the Apple App.

 

Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

 

B. Google Users

If you access the Services through the Google Play Store, you agree to the following additional terms of use required by Google:https://play.google.com/intl/en_us/about/play-terms.html.

 

11. General

A. Entire Agreement

These Terms of Use and any other legal notice or agreement published by us on Swiggle, forms the entire agreement between you and us concerning your use of Swiggle. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Swiggle. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

B. Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

 

C. Assignment and Delegation

We may assign any rights or delegate any performance under these Terms of Use without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

 

D. Severability

If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

 

E. Cumulative Remedies

All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

 

F. Successors and Assigns

These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.

 

G. Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

 

H. Notices

Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on Swiggle, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at sales@winspin.com unless otherwise specified in these Terms of Use. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

 

I. Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Swiggle may be read by the agents and operators of Swiggle, regardless of whether they are the intended recipients of such messages.

 

J. Authorization and Permission to Send Emails to You

You authorize us to email you notices, advertisements, and other communications, including emails or electronic messages. You understand and agree that such communications may contain materials not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

 

K. Consideration

We allow you to access and use Swiggle, the Services, and the Materials in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Swiggle.

 

L. Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through Swiggle.

 

You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

M. English Language

We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.

 

N. Export Control

You understand and acknowledge that the software elements of the Materials on Swiggle may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

 

O. No Agency Relationship

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

 

P. Usages

In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:

 

References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

 

In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

 

References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

 

“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

 

“Including” means “including, but not limited to.”

 

Q. No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Use.

 

R. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.

 

S. Other Jurisdictions/Foreign Law

We make no representation that Swiggle, the Services, or any of the Materials are appropriate or available for use in all locations. You may not access Swiggle, the Services, or the Materials from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access Swiggle and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that that Swiggle is subject to the laws of any nation besides the United States.

 

T. Service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Swiggle. Swiggle IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Swiggle while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Swiggle cannot be held liable if laws applicable to you restrict or prohibit your participation. Swiggle makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Swiggle, nor shall any person affiliated, or claiming affiliation, with Swiggle have authority to make any such representations or warranties. We reserve the right to restrict access to Swiggle in any jurisdiction.