Sultan Swipe

Terms of Service

SULTAN SWIPE TERMS OF SERVICE AND LICENSE AGREEMENT



Updated: Oct. 1 2017



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.


Uninstallation. You may, at any time, uninstall the Application by utilizing your mobile device's procedures for uninstalling downloaded applications. However, as provided in the Sultan Swipe Privacy Policy, Sultan Swipe may retain collected data after the uninstallation.


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


  1. 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.

  2. 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.

  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

  4. 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.

  5. 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.

  6. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

  7. 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.

  8. 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.


Google


  1. This is an agreement between you and Sultan Swipe, and not with Google.

  2. 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.

  3. 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.

  4. 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.


IX. HYPERLINKS


A link from the Services to a non-Sultan Swipe website does not mean that Sultan Swipe endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Sultan Swipe expressly disclaims any liability related to such sites. Sultan Swipe also prohibits unauthorized hypertext links to the Services or the framing of any content available through the Services. Sultan Swipe reserves the right to disable any unauthorized links or frames.


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.


XI. INDEMNIFICATION



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.



XII. LIMITATIONS OF LIABILITY



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


You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, uninstalling the Application, and providing Sultan Swipe with a notice of termination. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, your User Content, other content on the Services, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue.


XIV. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION


The Services are governed by the Sultan Swipe Privacy Policy which is incorporated into these Terms by this reference. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.


In addition to the collection, use, and disclosure of information discussed in the Privacy Policy, by providing any personal or non-personal information to Sultan Swipe through the Services, or by using the Services, 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 collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Sultan Swipe's sole discretion.


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.


XV. ADVERTISEMENTS


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.



XIX. MISCELLANEOUS



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.