PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, OR ACCESSING ANY PART OF THE SULTAN SWIPE MOBILE APPLICATION OR THE SULTAN SWIPE WEBSITE.
The following are the terms and conditions for use of www.sultanswipe.com and its services (the "Website") and the Sultan Swipe Mobile Application and its services (the "Application") (collectively the Website and the Application are referred to as the "Services"). The Services are owned and operated by Sultan Swipe, LLC., d/b/a Sultan Swipe ("Sultan Swipe," or "us," or "we").
By downloading or using the Application, accessing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services Sultan Swipe provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
I. OVERVIEW AND DISCLAIMERS
The Sultan Swipe Website, Application, and Services allow users to connect with local individuals for the purpose of forming dialogues and relationships. The nature of the service allows for variation in user experience; and though we highly encourage a respectful user experience through features, such as the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, BOTH IN AND OUTSIDE OF THE APP. YOU UNDERSTAND THAT SULTAN SWIPE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR INVESTIGATE USERS IN ANY WAY. SULTAN SWIPE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS INSIDE OR OUTSIDE THE APP. SULTAN SWIPE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
II. REGISTRATION, PAYMENT, AND INFORMATION SUBMISSION
Registration. In order to utilize the services of Sultan Swipe, you must register and create an account. In order to create an account, you must complete the registration process by providing Sultan Swipe with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your and take full responsibility for your own and third party activities that occur under your account. You agree to notify Sultan Swipe immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. Sultan Swipe reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Sultan Swipe in its sole discretion.
Payment. If you make any purchases through the Application or the Services, you agree to pay all applicable fees for those purchases.
Age Restriction. By using the Services, you represent and warrant that you are 18 years of age or older. You may not use the Services to communicate with any person who is under 18 years of age. If any user suspects an individual to be under the age of 18, we highly encourage this to be communicated to us immediately through an official channel.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Sultan Swipe reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on the Application and on the Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by email or by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. PROPRIETARY RIGHTS
Except as expressly provided for in the non-exclusive license contained in Section V herein, Sultan Swipe expressly reserves all right, title, and interest in and to the Services and the Services' content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
V. SULTAN SWIPE MOBILE APPLICATION LICENSE
License. In order to use some of the Services' features, you need to download the Application. Subject to, and in accordance with, these Terms, Sultan Swipe grants to You, and You accept from Sultan Swipe, a limited, revocable, non-exclusive, and non-transferable license to use the Application and its services. Sultan Swipe reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.
Payment Terms. Sultan Swipe may make all or some of the Application and the Services available for free (the "Free Services"). Sultan Swipe does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may have reduced functionality. Sultan Swipe may allow users to increase or enhance the functionality of the Application and Services by making certain purchases, including in-app purchases, or undertaking certain activities in exchange for access to paid services. Please review the specific terms for your applicable purchase. If you make a purchase through the Services, then you consent to Sultan Swipe storing your payment information. Prices are subject to change. In the event the Sultan Swipe Services are discontinued for any reason, purchases will terminate and no refund will be made.
Free Trials. Sultan Swipe may offer free trial offers from time to time. The failure to cancel your free trial during the stated period will result in you being charged for the associated purchases beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer.
Refund Policy. Generally, all charges for in-app purchases are non-refundable, and Sultan Swipe does not guarantee refunds for lack of usage or dissatisfaction.
Personal Use. You may only use the Application and the Services for your own personal use. You may not use the Services for any commercial use.
Personal Conduct and Community Rules. We strive to create a strong, vibrant, and respectful community. This means that we cannot accept some behaviors inside the Service; by using the Services, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, harass or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence or terror; or contains nudity or graphic or gratuitous violence.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account.
create another account if we have already terminated your account, unless you have our permission.
engage in distributing potentially damaging software; such as, adware, viruses, corrupt files, malware, worm programs, or malicious code that is designed to interfere wrongly with user experience
We have a zero-tolerance policy towards violating any of the Community Rules and reserve the right to discontinue, cancel, and permanently ban accounts and individuals who have demonstrated a disregard for the rules and guidelines presented above.
Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.
Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Sultan Swipe's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the Application or Services to process the data of third parties; or (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, You will not violate or attempt to violate the security of Sultan Swipe' networks or servers, including (x) access data not intended for You or log into a server or account which You are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XII below.
Maintenance or Support. Sultan Swipe is not under any obligation to provide maintenance or support for the Application. Sultan Swipe may provide maintenance or support for the Application in Sultan Swipe's sole discretion.
Third-Party Terms. You must comply with applicable third-party terms of service when using the Application, including any terms required by your mobile carrier.
Apple iOS and Google-Specific Terms. The following additional terms and disclosures only apply to you if you use the Application through the Apple iOS operating system, the Microsoft Windows operating system, or the Google Android operating system, if available and as applicable:
iOS - Apple
This is an agreement between you and Sultan Swipe, and not with Apple. Apple is not responsible for the Application or Services and the related content.
Sultan Swipe grants you the non-transferable right to use this Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
In the event of any failure of this Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.
Apple is not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
This is an agreement between you and Sultan Swipe, and not with Google.
Subject to, and in accordance with, these Terms and any required payments, Sultan Swipe grants to You, and You accept from Sultan Swipe, a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on your Google device. The user may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Services (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if you violate any of these Terms.
Users are allowed unlimited reinstalls of each application distributed via the Google App Store, unless and until Sultan Swipe removes the application from the Google App Store.
Google will have no responsibility to undertake or handle support and maintenance of the Services or any complaints about the Services.
VI. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Sultan Swipe disclaims all warranties or representations regarding any third-party services.
Sultan Swipe, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VII. USER-GENERATED/THIRD-PARTY CONTENT
Overview. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including but not limited to recordings, comments, recommendations, pictures, reviews, images, and other forms of data or communications ("User Content").
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively "Post") through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Sultan Swipe a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Testimonials and Photographs. If you Post or otherwise transmit to Sultan Swipe a testimonial statement or photograph depicting your results using any Sultan Swipe service or product, you grant, and warrant and represent that you have the right to grant, Sultan Swipe a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Sultan Swipe advertising materials.
By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the Sultan Swipe service or product as directed, and that the testimonial accurately depicts your experience using the Sultan Swipe service or product.
If you no longer wish Sultan Swipe to use your written testimonial statement or photograph, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website or Application. Sultan Swipe reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Sultan Swipe.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Sultan Swipe is only a distributer, and not the publisher or speaker, of any User Content. As such, Sultan Swipe cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Sultan Swipe does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Sultan Swipe be responsible for any loss or damage resulting from any person's reliance on any User Content.
Reservation of Rights. Subject to Section VIII below, regarding the DMCA, Sultan Swipe reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Sultan Swipe's sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Sultan Swipe reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access. Sultan Swipe reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Sultan Swipe will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Sultan Swipe's servers.
Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Sultan Swipe and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
VII. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Sultan Swipe does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Sultan Swipe's control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Sultan Swipe disclaims any liability as a result of any user's inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Sultan Swipe expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services. Sultan Swipe does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Sultan Swipe does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Sultan Swipe be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SULTAN SWIPE EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SULTAN SWIPE DOES NOT WARRANT THAT THESE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
X. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You further represent and warrant that you will not use the Website, the Application, or the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, harass another person. You represent and warrant that you do not have any intent to commit any of the foregoing actions. You represent and warrant that you will not use the Website, the Application, or the Services for any commercial purposes.
You agree to indemnify, hold harmless and defend Sultan Swipe, its managers, members, directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms.
SULTAN SWIPE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SULTAN SWIPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, SULTAN SWIPE'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES SUBJECT TO THESE TERMS DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
XIII. TERMS AND TERMINATION
XIV. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
Sultan Swipe, and any third-parties to which Sultan Swipe provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing Sultan Swipe your contact information, you agree to receive communications from Sultan Swipe or other third-parties who obtained your contact information from Sultan Swipe.
Sultan Swipe may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Sultan Swipe may place advertising on the Services and you agree not to block such advertising.
XVI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XVII. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of New York without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, New York law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of New York. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Sultan Swipe hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals.
XVIII. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in the State of New York, subject to the laws of the State of New York and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Sultan Swipe and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Updated: July 31, 2017
By downloading the Application, accessing the Services, continuing to access the Services, or submitting any information through the Services, you are consenting to the information collection and use practices described in this Policy, as modified from time to time by us, as described below. Your use of the Services is also governed by the Terms of Service, which are expressly incorporated into this Policy. We kindly suggest that you review our Terms of Service in conjunction with this Policy.
Sultan Swipe reserves the right to make changes to this Policy at any time, and will post any revised Policy on this page. You will know we have changed the Policy when you see a new updated date at the top of this Policy. Sultan Swipe will not notify the Services' users of any such changes by email or other personal contact. We encourage you to check the date of this Policy whenever you visit the Services so that you will know when you need to review the Policy for modifications.
III. INFORMATION COLLECTION
Age Restriction. Sultan Swipe does not intend to use the Services to collect any information from individuals under age 18. By submitting any information through the Services, you represent and warrant that you are older than age 18. While the Services are available to the general public worldwide through the Web and both GooglePlay and iTunes store, we restrict the usage of this service to individuals age 18 and above.
General Information. Sultan Swipe may collect and store any information you submit or upload through the Services, whether through your account registration, uploading of profile content, posting of messages, or otherwise. This information may include, but is not limited to, the name, email address, contact information, or personal preferences you select (sexual preferences, Nationality, etc…) and may also include payment information or any other information submitted by you or any user through the Services.
Sultan Swipe may collect information about you from third-parties, including from any account through which you log into Sultan Swipe (e.g., Facebook or Google – “Social Media Accounts”). Sultan Swipe will have access to certain information from your linked Google or Facebook account, including your public profile information, your email address, or other information possessed by those third-parties; however, Sultan Swipe will never post or make any alterations to any kind of third-party account (e.g, Facebook or Google). Sultan Swipe may aggregate any information about you collected from any source.
Cookies and Mobile Identifiers. Sultan Swipe may also collect passive information about your device, visit, or use of the Services, including, but not limited to, the date and time of your visit or use of the Application, the length of your visit or use, the specific webpages you visited, your IP address, the type of web browser and operating system used, the address of any website that directed you to the Services, and information about your mobile device used to access the Services (incl. operating system details, and any applicable unique identifiers for you or your device, including your devices' Unique Device Identifier (UDID), any Apple or iOS identifiers (e.g., IDFA or an Advertising Identifier), any Google or Android identifiers (e.g., Android or Google Advertising ID), or any other similar identifiers which identify you or your device. Sultan Swipe may collect and aggregate usage information related to your use of the Services.
Personal Information and Sensitive Data. Because of the nature of this Service, we may collect Personal Information, including Sensitive Data, and other information. “Personal Information” means individually identifiable information that would allow us to determine the actual identity of, and contact, a specific living person. Sensitive Data includes information, comments or content (e.g. photographs, video, profile, lifestyle) that you optionally provide that may reveal your ethnic origin, nationality, religion and/or sexual orientation. By providing Sensitive Data to us, you consent to the collection, use and disclosure of Sensitive Data as permitted by applicable privacy laws. We do not distribute, sell, or publically disseminate any Personal Information or Sensitive Data that could possibly identify an actual living person. We may also collect your geolocation information with your consent. We may collect this information through a website, mobile application, or other online services.
Sultan Swipe may, from time to time, use one or more analytics service providers, including, for example, Google or Facebook. Sultan Swipe may use the following Google analytics features: AdWords, Remarketing, Google Display Network Impression Reporting, DoubleClick, and Google Analytics Demographics and Interest Reporting. We may combine information gathered from one or more of these services.
For more information about the Google analytics features used by Sultan Swipe, click here (https://support.google.com/analytics/answer/2404395?hl=en&ref_topic=1631776&rd=1)
For information on how to see and change your Google Ad Settings, click here (https://support.google.com/ads/answer/2662856?hl=en).
For information on the use of the Google Analytics Opt-Out Browser Add-On, click here (https://tools.google.com/dlpage/gaoptout/). However, Sultan Swipe does not necessarily endorse this add-on and does not guarantee that using the add-on will be effective.
For more information on how Facebook Analytics collects and uses the information collected through Sultan Swipe's use of the Facebook's analytics and advertising services, see the Facebook data use policy and related policies here (https://www.facebook.com/full_data_use_policy).
Sultan Swipe does not guarantee that it will take action in response to do-not-track signals or similar mechanisms. Additionally, some third-party service providers may still collect tracking information even if you have enabled your browser's do-not-track functionality or utilized a similar do-not-track mechanism.
IV. INFORMATION USE PRACTICES
Sultan Swipe may use the collected information or data described above, individually or in the aggregate, for any lawful purpose, including, but not limited to, analyzing and tracking user activity on the Services for individual users or for groups of users, tracking and analyzing usage trends, personalizing the Services to better reflect your preferences, serving more relevant advertisements, or enhancing your and other users' use of the Services. All collected information may be linked to specific website users and may result in the tracking of the usage information for individual users.
Sultan Swipe may also use your submitted information to contact you, via regular mail, email, text message, push notification or otherwise, regarding your account, the Services, your purchased services or products, or other relevant or promotional information or offers as determined by Sultan Swipe or its partners. By submitting your contact information to Sultan Swipe or Sultan Swipe's partners, you consent to receiving such communications.
V. DISCLOSURE OF INFORMATION
Except for the limitations expressly discussed herein, Sultan Swipe may disclose, sell, or transfer any collected information to third-parties for any lawful purpose in our sole discretion.
If you log in to Sultan Swipe through a third-party service like Facebook or Google, then those third-parties may have access to certain information about your use of Sultan Swipe. For more information on the type of information those third-parties may collect about you, please review the privacy policies for those third-parties.
SultanSwipe may use third-party companies, agents, or contractors to perform services on our behalf. For example, SultanSwipe may partner with other companies to personalize our web pages, analyze our website or usage information, process payments or credit card transactions, fulfill or ship orders, collect debts, analyze or enhance the data collected by the Services (including user's interaction with the Services), or otherwise assist Sultan Swipe in better serving the Services' users. During the course of providing Sultan Swipe with these services, these third-parties may have access to your personal and non-personal information in order to provide the services we requested from those third-parties.
Sultan Swipe may disclose your information to third-parties for marketing purposes. These third-parties may contact you via any method of contact you provide to Sultan Swipe.
Sultan Swipe also reserves the right to disclose personal information when we reasonably believe disclosure is required by law through valid judicial proceeding, subpoena, court order, if we reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety.
In the event that Sultan Swipe is acquired by or merged with a third party, we reserve the right to sell or otherwise transfer any and all information we have collected from you as part of that transaction and such third party will assume the rights and obligations with respect to that information as described in this Policy.
VI. THIRD-PARTY LINKS
The Services may contain links to websites not owned or controlled by Sultan Swipe. Sultan Swipe does not necessarily review or endorse the content of these linked websites. You should review the terms of service and privacy policies of all websites you visit.
We use commercially accepted and reasonable efforts to protect the information we collect on the Services. Unfortunately, however, no security system can be guaranteed to be 100% effective. Accordingly, we cannot and do not guarantee the security of your personal information and cannot assume liability for improper access to it. Do not submit confidential information through the Services.
You are responsible for restricting access to your computer or mobile device through which you access the Services. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to our Services. By using the Services, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of these Services.
VIII. DATA RETENTION
Sultan Swipe may retain the personal and non-personal information or other collected data, individually or in the aggregate, as described above, after you delete your account. However, Sultan Swipe does not guarantee that any information will continue to be available after such deletion. Sultan Swipe may delete information you submitted for past meetings or past schedules in Sultan Swipe's discretion and does not guarantee that information for past meetings or schedules will always be available.
IX. VIEWING AND UPDATING INFORMATION
You are responsible for updating and maintaining the accuracy of your personal information that you provide to or through the Services. If you believe you have submitted inaccurate information through the Services, and would like Sultan Swipe to change such information, please contact Sultan Swipe at the address below.