"AFFILIATES" AS USED HEREIN MEANS, WITH RESPECT TO SWISH NEWS, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH SWISH NEWS. "CONTROL" FOR PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
"SWISH NEWS PLATFORM" MEANS AND REFERS TO SWISH NEWS'S PROPRIETARY PLATFORM (APPLICATION/SOFTWARE/WEBSITE/FEATURE OR AS MADE AVAILABLE IN ANY OTHER FORMAT) WHICH ENABLES END-USERS TO EXPLORE AND DISCOVER NEWS AND CURRENT AFFAIRS RELATED CONTENT OR SERVICES. THE PLATFORM ALSO ENABLES DISPLAYING OF ADVERTISEMENTS, AND/ OR PROMOTIONAL OFFERS ON ITS INVENTORY.
THE SWISH NEWS PLATFORM MAY EITHER BE (I) PRE-LOADED WITHIN YOUR MOBILE, TABLET, WEARABLE AND/OR ANY OTHER SMART DEVICE USED ("DEVICE"); (II) INTEGRATED WITH AN APPLICATION OR WIDGET ON YOUR DEVICE; (III) DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE; (IV) VIEWED ON THE WEBSITE.
PLEASE CAREFULLY READ THE TERMS BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING OR USING THE SWISH NEWS PLATFORM.
What does Swish News offer You:
The Swish News Platform is a one-stop news aggregation app for You to stay on top of the latest news and developments across sports, tech, entertainment or any news or current affairs in general ("Content"). Such Content aggregated, obtained and/or licensed through third party sources ("Third Party Content"). Swish News Platform therefore enables Your easy access and assists You to find relevant information of Your interest. Content stories are summarized into short cards along with rich insights like highlights, gallery, videos and related articles, which is captivating and easy to read. You, can subsequently discover and access more information about a particular Content, either within the Swish News Platform or by accessing the links to third-party webpages, applications or other such landing pages. It may also feature advertising tailored to your interests. The Swish News Platform also allows You to share the news cards with Your friends via social media, messaging apps. You may also upvote/downvote a news card and share Your views as comments subject to the terms of relevant community guidelines. The Swish News Platform does not host, display, or transmit any content owned by third parties on its servers, unless we have a license to host, display or transmit over such content or are otherwise permitted under the applicable law. Please note that Swish News Platform is meant for content discovery and entertainment purposes only and we do not engage in any actual journalistic activities. When You read a summary, You may be redirected to one of the online sources of such duly aggregated summary. Upon accessing such link, You acknowledge and accept that You are leaving the Application and We shall have no liability, obligation and/or responsibility with respect to Your interaction with such sources including for consumer claims damages whether or not related to data practices, proprietary rights, infringement etc. arising from Your use of such online sources on third party sites. We are not responsible for the accuracy of any Content which may be accessed by You and Your use of the Swish News Platform, any advertisement content, including Your election to view, interact with or action upon the same is at your sole risk and discretion.
1.1 By installing, subscribing to, accessing or using the Swish News Platform, you agree to the Terms. Subject to Your privacy rights, if you do not agree to the general Terms regarding usage, please do not access or install or subscribe to the Platform. The Swish News Platform may also fail to operate and provide You with optimum experience. In the event, the Swish News Platform is pre-loaded in Your Device and you do not agree to the Terms, please uninstall the Swish News Platform. However, We do acknowledge Your privacy rights to not to receive discriminatory treatment by Us for the exercise of Your rights conferred by applicable privacy laws, like in case of California residents under the CCPA.
1.4 You affirm that You are 16 years of age or above, or if You are a minor (i.e. less than 18 years of age), possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. You must not access Swish News Platform or accept the Terms if You are a person who is either barred or otherwise legally prohibited from receiving or using the Swish News Platform under the laws of the country in which You are resident or from which You access or use the Swish News Platform
1.5 You may use the Swish News Platform and the Content only in geographic locations where we offer our service and have licensed such Content. The Content that may be accessible will vary by geographic location and will change from time to time.
You agree and acknowledge that:
2.1 The Swish News Platform includes Third Party Content, advertising information or promotional material ("Ad-Content") and it is hereby clarified that Swish News is not responsible or liable for any Third Party Content and/or Ad-Content, the intellectual property and other proprietary rights in the Third Party Content and/or Ad-Content. Swish News is not responsible for the accuracy of any Content which may be accessed by You and Your use of the Swish News Platform, the Ad-Content and the Content, including Your election to view, interact with or action upon the same is at Your sole risk and discretion.
2.3 Where applicable, Swish News attributes Content to the relevant Third Party Content provider/ licensor. If you believe the Content is or objectionable or illegal or infringes the intellectual property or other proprietary rights, please contact the third-party Content provider.
2.4 Mobile internet transmissions are never completely private or secure and the transmission of Content and Your use of the Swish News Platform maybe affected, interrupted or disrupted for reasons beyond Swish News's reasonable control. Any message or information You send using Swish News Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. OWNERSHIP AND GRANT OF LICENCE
3.1 You acknowledge that (i) all rights, title and interest including without limitations the intellectual property rights in the Swish News Platform, software, and Content used within and along with it anywhere in the world belong to us and/or our licensors and/or our content providers, (ii) rights in the Swish News Platform is licensed (not sold) to You and You have no rights in, or to, the Swish News Platform other than the right to use the Swish News Platform in strict conformity with the Terms.
3.2 In consideration of You agreeing to abide by the Terms, we grant You a revocable, non-sub-licensable, non-transferable, non-exclusive limited right and license to access and use the Swish News Platform in object code only, subject to the Terms and other terms incorporated by reference. We hereby expressly reserve all other rights, title and interest in the Swish News Platform and the Content.
3.3 You agree that the Swish News Platform and the Content viewed through the Swish News Platform is solely for your personal use only.
3.4 You understand and agree that any content that you post on the Swish News platform is public information and may be accessed by other users of the Swish News platform. You hereby grant to Swish News a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display any content you may provide or share on the Swish News Platform and any name, username, voice, or likeness provided in connection with such content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for Us to make our content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Swish News or its Affiliates . You also agree that We may remove metadata associated with your content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your content.
3.5 Any ideas, suggestions, and feedback about Swish News or the Swish News Platform that You provide to Us are entirely voluntary, and You agree that we may use such ideas, suggestions, and feedback without compensation or obligation to You.
3.6 You understand and agree that Swish News has the right to and it may at its sole discretion revoke access to the Platform and/ or Content and/ or any part thereof.
4. LICENSE AND CONTENT RESTRICTIONS
4.1 Except as expressly set out in the Terms, You agree:
4.2 You may not
USER GENERATED CONTENT AND COMMUNITY GUIDELINES
4.3 You may not upload to or distribute or otherwise publish on the Swish News Platform
4.4 We can remove any content or information You share on the Swish News Platform if We believe that it violates these Terms our policies, or We are permitted or required to do so by law. We can refuse access or stop making available all or part of the Swish News Platform to You immediately to protect our community or services, or if You create risk or legal exposure for us, violate these Terms or our policies, if You repeatedly infringe other people's intellectual property rights, or where We are permitted or required to do so by law. We can also terminate or change the Swish News Platform in full or part , remove or block content or information shared on Swish News Platform, or stop providing all or part of the Swish News Platform if We determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on Us. If You believe Your account has been terminated in error, or You want to disable or permanently delete your account, consult our support team. When You request to delete Your content or Your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms and our Data Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
5. ACCEPTABLE USE RESTRICTIONS
5.1 not use the Swish News Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Swish News Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of Swish News Platform;
5.2 not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of the Swish News Platform or any service associated (to the extent that such use is not licensed by the Terms);
5.3 not use the Swish News Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5.4 not collect or harvest any information or data obtained from any Swish News Platform or our systems or attempt to decipher any transmissions to or from the servers running any service for the Swish News Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data;
5.5 not post advertisements, promotions or solicitations of business or solicit other users or post spam or any other form of solicitation or spam; post or transmit any communication or solicitation designed or intended to obtain the password, account or private information from any other user;
5.6 not resell or commercially use the Platform or any of its Content or download or copy Content for the benefit of yourself or any third-party. The Platform is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose;
5.7 not remove any proprietary notice language in the Content, make modifications to the Content, or make any additional representations or warranties relating to the Content.
6. TRADEMARKS AND COPYRIGHTS
The Swish News logo and other Swish News trademarks, service marks, graphics, and logos used in connection with the Swish News Platform are trademarks or registered trademarks of Swish News and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the Swish News Platform and/or the Content is the copyright of Swish News and/or its licensors and content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. The unauthorized copying, modification, use or publication of the Swish News Platform, Content and these marks is strictly prohibited. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
Unless otherwise specified on Swish News Platform, all content from 5G Radar,Cycling News,FourFourTwo,GamesRadar,PC Gamer,Fit & Well,Livingetc,Woman and Home,Space,What Hi-Fi?,WhatToWatch,LiveScience, TechRadar,Tom's Guide TopTenReviews displayed on the Swish News Platform is © Future Publishing Limited 2021.
7. LIMITED WARRANTY AND DISCLAIMER
7.1 Any implied warranties including those prescribed by statute are expressly disclaimed.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SWISH NEWS PLATFORM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. SWISH NEWS, IT'S LICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SWISH NEWS, IT'S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SWISH NEWS PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE SWISH NEWS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SWISH NEWS PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE SWISH NEWS PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY SWISH NEWS, ITS AFFILIATES SWISH NEWS'S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL SWISH NEWS, ITS AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SWISH NEWS PLATFORM, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT SWISH NEWS, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SWISH NEWS, ITS AFFILIATES' AND/OR ITS LICENSORS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT OF FIVE HUNDRED UNITED STATES DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8.2 Nothing in the Terms shall limit or exclude our liability for: (a) death or personal injury resulting from our gross negligence; (b) fraud or fraudulent misrepresentation; and (c) any other liability that cannot be excluded or limited by applicable laws.
9.1 The Terms will terminate automatically if you fail to or Swish News suspects that you have failed to comply with its terms and conditions. In such event, Your Swish News Platform may be disabled and You must cease using the Swish News Platform, the Content and other materials comprising the Swish News Platform. Swish News reserves the right, without liability, to change, suspend, remove, disable or terminate access to the Swish News Platform, Content and other materials comprising the Swish News Platform or certain areas or features of the Swish News Platform, at any time for any reason (including without limitation to protect our interests, on account of investigation for a suspected violation of the Terms or as a result of us finding that a violation of the Terms has occurred), with or without notice. Swish News further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the Swish News Platform, the Content and materials comprising the Swish News platform and/or its features, or any part thereof, without prior notice provided however that Swish News will comply with all applicable privacy laws in implementing such changes.
You hereby agree to defend, indemnify and hold harmless Swish News, its Affiliates, licensors, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Swish News Platform, Content and any materials comprising the Swish News Platform; (ii) Your violation of the Terms; (iii) Your violation of any third party rights. This defense and indemnification obligation will survive the Terms and Your use of the Swish News Platform.
11. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ("Event Outside Our Control"). If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms: (a) our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavours to find a solution by which our obligations under the Terms may be performed despite the Event Outside Our Control.
12. OTHER IMPORTANT TERMS
12.2 GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, the Terms, its subject matter and its formation, are governed by the laws of California. You and we both agree that the courts of San Francisco will have non-exclusive jurisdiction.
12.3 CONTACT INFORMATION: