SWISH VIDEO – Terms of Use Policy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR APPS

Terms of website and app use

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website http://swishvideo.io (our site) and any of our applications (including, for the avoidance of doubt, mobile applications) from time to time (apps). Use of our site and apps includes accessing, browsing, downloading or registering to use our site.

Please read these terms of use carefully before you start to use our site or apps, as these will apply to your use of our site and apps. We recommend that you print a copy of this for future reference.

By using our site and apps, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site or apps.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site and apps:

• Our Privacy Policy: [https://www.iubenda.com/privacy-policy/8111149], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site or apps, you consent to such processing and you warrant that all data provided by you is accurate.

Information about us

http://swishvideo.io is a site operated by Ignisoft Limited (we or us). We are registered in England and Wales under company number 09756791 and have our registered office at Central Working Paddington, 2 Kingdom Street, London, W2 6BD. Our main trading address is Central Working Paddington, 2 Kingdom Street, London, W2 6BD. We are a limited company.

Changes to these terms of use

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Changes to our site and apps

We may update our site and apps from time to time, and may change the content at any time. However, please note that any of the content on our site or apps may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site and apps, or any content on them, will be free from errors or omissions.

Accessing our site and apps

Our site and apps are made available free of charge.

You must be at least 13 years old to use and access our site and apps.  By using our site and apps, you warrant that you are at least 13 years old.  We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are not at least 13 years old.  

We do not guarantee that our site and apps, or any content on them, will always be available or be uninterrupted. Access to our site and apps is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site or apps without notice. We will not be liable to you if for any reason our site or apps are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site and apps.

You are also responsible for ensuring that all persons who access our site and apps through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You may use our site only for lawful purposes.  You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of use.
• Not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

• Chat rooms.
• Bulletin boards.
• Direct messaging within apps.
• Sharing of content within apps.

(interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [mr.swish@swishvideo.io].

Intellectual property rights

All trademarks, service marks and trade names are the property of Ignisoft Limited and/or third parties. You must abide by all copyright notices, information and restrictions contained in any such works accessed through our site and apps.  

You may print off one copy, and may download extracts, of any page(s) from our site or apps for your personal use and you may draw the attention of others within your organisation to content posted on our site or in our apps.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site or in our apps must always be acknowledged.

You must not use any part of the content on our site or in our apps for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site or apps in breach of these terms of use, your right to use our site and apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site or apps; or
• use of or reliance on any content displayed on our site or in our apps.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site and apps for domestic and private use. You agree not to use our site or apps for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or apps or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites or apps linked on our site or our apps. Such links should not be interpreted as endorsement by us of those linked websites or apps. We will not be liable for any loss or damage that may arise from your use of them.

Contributions - uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site or apps, you must comply with the content standards set out below. Further, when any content is uploaded by a user, such content is monitored by us and must be approved by us in order for it to be uploaded to the public domain. Any such approval or non-approval, as the case may be, shall be given within [24 to 168] hours of the content being uploaded by a user.

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us and hold us harmless for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.  

You represent and warrant that in regards to any contribution you make to our site that you are either the legal owner of such contribution or you have (and will continue to have during your use of our site and apps) all necessary licences, rights, consents and permissions required to enable you to grant us and other users of our site a licence on the terms set out below, and to enable us to use your contribution on our site and apps.

You retain all of your ownership rights in your contribution, but you are required to grant us and other users of our site a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your contribution our site  solely for the purposes of operating, developing, providing, and using our site.

Nothing in these terms shall restrict other legal rights we may have to your contribution, for example under other licenses. We reserve the right to remove or modify your contribution for any reason, including contributions that we believe violates these terms of use or our other policies.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site or apps.

We have the right to remove any contribution you make on our site if, in our sole opinion, your contribution does not comply with the content standards as set out in these terms of use, or your contribution does not, in any way, comply with any of these terms of use.

The views expressed by other users on our site do not represent our views or values.

Viruses

We do not guarantee that our site or apps will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site and apps. You should use your own virus protection software.

You must not misuse our site or apps by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or apps, the server on which our site is stored or any server, computer or database connected to our site or apps. You must not attack our site or apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and apps will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms of use.

If you wish to make any use of content on our site or in our apps other than that set out above, please contact mr.swish@swishvideo.io

Third party links and resources in our site and apps

Where our site or apps contain links to other sites, apps and resources provided by third parties, these links are provided for your information only. We have no control over and we do not endorse nor assume any responsibility for any such third-party sites, information, materials, products, or services.

If you choose to access any third party website, app or resources, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or resources.

Suspension and termination

We will determine, in our absolute discretion, whether there has been a breach of these terms of use through your use of our site.  When a breach of these terms of use has occurred, we may take such action as we deem appropriate.  

Failure to comply with these terms of use constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

[If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.]

Miscellaneous

No waiver of any term of these terms of use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

If you are using our site or apps on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.

These terms of use constitute the entire agreement between you and us and governs your use of our site and apps, superseding any prior agreements between you and us. You will not assign these terms of use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without the appropriate prior written consent will be null and void. We may assign these terms of use or any rights hereunder without your consent. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these terms of use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of these terms of use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these terms of use. These terms of use do not confer any third-party beneficiary rights. 

These terms of use were written in English (UK). To the extent any translated version of these terms of use conflicts with the English version, the English version controls.

SWISH VIDEO – End-User License Agreement (EULA)

This End-User License Agreement ("EULA") is a legal agreement between you and Ignisoft ltd.

This EULA agreement governs your acquisition and use of our Swish Video software ("Software") directly from Ignisoft ltd. or indirectly through a Ignisoft ltd. authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the Swish Video software. It provides a license to use the Swish Video software and contains warranty information and liability disclaimers.

If you register for a free trial of the Swish Video software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Swish Video software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Ignisoft ltd. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Ignisoft ltd. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Ignisoft ltd. hereby grants you a personal, non-transferable, non-exclusive licence to use the Swish Video software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Swish Video software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Swish Video software.

You are not permitted to:

Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things

Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose

Allow any third party to use the Software on behalf of or for the benefit of any third party

Use the Software in any way which breaches any applicable local, national or international law

use the Software for any purpose that Ignisoft ltd. considers is a breach of this EULA agreement

Intellectual Property and Ownership

Ignisoft ltd. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Ignisoft ltd.

Ignisoft ltd. reserves the right to grant licences to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Ignisoft ltd.

Ignfsoft ltd. has no tolerance for objectionable content or abusive users and has the right to immediately remove any objectionable content and terminate the account of any user deemed abusive by Ignisoft ltd.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of United Kingdom.

Contact us

To contact us, please email mr.swish@swishvideo.io.

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