Terms and conditions

Terms and Conditions – Swapcast

SWAPCAST End User Agreement

1. Introduction

1.1 These terms and conditions apply to the use of the service SWAPCAST, described below. SWAPCAST is a service operated by Swapcast AS (“Operator”), a company registered in Norway, and provided to you by Swapcast AS (“Provider”), a company registered in Norway .

2. Description of the Service

2.1 SWAPCAST is a simple way to keep in touch with friends, while you surf your favorite websites, watch your favorite videos, chat and share anything you want – all in one App.

SWAPCAST enables you to see audio-visual content from a third party in a separate web browser or application, chat with friend and groups, share contents and internet links, share screens, pictures etc. through the web browser or application (hereinafter referred to as the “Service” or “SWAPCAST Service”).

3. Acceptance of the terms

In order to download and/or use SWAPCAST you must first accept these terms. These terms are accepted by you (a) when you click to accept or agree to the terms; or (b) when you download and or use SWAPCAST.

3.2 Upon acceptance of these terms and conditions, a legally binding agreement (“Agreement”) is entered into between you and the Provider. The Agreement shall remain effective until terminated as described below.

3.3 The Service is primarily intended for users over 18. However there is no barrier for users under 18 to have access to our Service or register as a user. Users under 18 should only use the Services with the permission of a parent or a guardian. Parents or guardians for anyone under 18 who use this Service should read these terms carefully.

3.4 The terms “we”, “us” and “our” are referring to the Provider.

4. Changes to the terms

4.1 The Provider may make changes to these terms and conditions from time to time. The provider will publish the changes at http://www.swapcast.com. Changes will be effective when published. Please review the terms and conditions on a regular basis. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

5. Privacy and data protection

5.1 The Provider is committed to respecting your privacy and the confidentiality of your personal data. The provider will process your personal data, the traffic data and the content of your communications in accordance with our privacy policy available online at http://www.swapcast.com.

6. User account

6.1 Prior to your first use of the Service, you will be asked to create a user account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consist of letters, numbers and symbols. You may only use the Service through your user account. You are solely responsible for all activities conducted through your user account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party. The Provider takes no responsibility for your failure to comply with the obligations in this paragraph.

7. Code of conduct

7.1 You shall use SWAPCAST in a proper manner, respect all laws and regulations and respect the privacy and integrity of other users.

7.2 If you behave in an improper manner we may immediately upon prior written notice terminate your access to the Service.

8. Payment, subscription and termination

8.1 This Service is free of charge, however we may launch additional optional functionality that would require a separate payment or subscription.

8.2 You may terminate your relationship with the Provider at any time by requesting closure of your user account and by ceasing the use of the Service.

9. Technical requirements

9.1 You have the responsibility to ensure that you have and keep all the necessary hardware, software and internet connection which is necessary to use this Service. In the event that the Provider reasonably determines that you do not meet these requirements, the Provider reserves the right to refuse to provide the Services to you.

9.2 You agree and acknowledge that our SWAPCAST Service is available on our “best effort” and “as is” basis. In particular the image- and sound quality of the Service may vary, whether due to overload on the internet or telephone lines or other factors. SWAPCAST is dependent on many factors such as battery, network availability etc. and you shall be aware that SWAPCAST may fail.

9.3 You agree that neither we, nor our owners, employees, contractors or agents shall be responsible or liable for any error, act or omission in SWAPCAST or related service or any losses or other consequences as a result of such errors.

9.4 From time to time we may close the website and suspend the Services to perform upgrades or maintenance. We will try to keep this to a minimum. Subject to the limitations described above, we will carry out the Service with reasonable care and skills. Apart from this, we do not provide any warranties (and exclude any warranty and any conditions that may have been implied, to the extent that such waiver is possible according to the law ). Users must keep their software versions updated.

10. Technical support or contact with SWAPCAST

10.1 You may contact the Provider if you would like to discuss technical problems or for any other reason by sending an e-mail to support@swapcast.com. In all cases please provide your name, e-mail address or other data the Provider may require to assist you or to identify your subscription (if applicable).

10.2 Any notice given by the Provider to you can be given by sending a mail or e-mail to the most recent registered mail or e-mail address you have registered. Failure of transfer or transmission is at your own risk and we will not be responsible for non-receipt of messages sent to you by us.

11. Your use of the Service

11.1 The SWAPCAST Service and the content provided through it are the property of the Provider or the Provider’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the SWAPCAST Service and to receive the media content made available through the Service in your local country.

11.2 The SWAPCAST software application is licensed, not sold to you, and the Provider retains ownership of all copies of the SWAPCAST software application even after installation on your device. You herby agree that you will (a) use the Service solely for non-commercial purposes without making profit of the use; (b) not copy, record or store all or part of the Service (other than content which is permitted by the agreement between you and a third party service provider); (c) not alter, disassemble, decompile or make reverse engineering of any part of the Service; (e) not abuse the Service or use it for any illegal or unauthorized purpose (which includes transmitting computer viruses through the Service, or use the Service in any manner that violates or is in violation of the rights of others). Besides our right to terminate this Agreement due to your violation, we may suspend the Services (or your access to them) if your use of the Service is illegal, unreasonable or contrary to the interest of other subscribers or in violation of these terms or if we are requested to do so by a regulatory authority.

11.3 All SWAPCAST trademarks, service marks, trade names, logos, domain names, and any other features of the SWAPCAST brand are the sole property of SWAPCAST. This license does not grant you any right to use the SWAPCAST trademarks, service marks, trade names, logos, domain names, or any other features of the SWAPCAST brand, whether for commercial or non-commercial use.

12. Screen share

12.1 When you use the application s screen share function, you herby agree that you will not (a) share screen with more than 10 other SWAPCAST users at the same time and (b) use the screen share for public viewing or public representation.

13. Messaging service

13.1 When you make use of an element that allows you to upload material to the Service, or contact other users of the Service, you shall comply with this section. You herby agree that any such contribution shall be in accordance with these standards.

13.2 Our Service will provide you with an opportunity to transmit messages in connection with various elements including but not limited to message boards and chat rooms (“Messaging Service”).

13.3 Where we provide Messaging Service we will provide you with information regarding the kind of service offered, if its moderated and what form of moderation that are used (including whether it is technically or through people). However, we have no obligation to oversee, monitor or moderate any messages delivered on our Service, and we expressly exclude all liability for any loss or damage arising from the use of the Messaging Service from any user contrary to our content standards, whether the Service is moderated or not.

13.4 You shall use the Messaging Service in a responsible manner, and are solely responsible for any content you transmit. You shall not transmit any message that are discriminatory, defamatory, constitutes or encourage to a behavior that will constitute a criminal offense, give rise to civil liability or otherwise violates any local, public, national or international law, or that may infringe third parties rights, contains any viruses, Trojan horse, computer worm, time bomb, deletion program or other similar harmful programming routines or which in any other way adversely affects, restricts or restrains any other user from the use of our Service.

13.5 Failure to comply with these acceptable user guidelines constitute a material breach of our terms for the use of our Service, which is a condition of your right to use the Service, and any violation of the guidelines may result in immediate, temporary or permanent withdrawal of your right to use our Service.

14. Intellectual property rights

14.1 The Provider respects intellectual property rights and expects you to do the same. This means, for example that the following is not permitted: Copying, reproducing, “ripping”, recording or making available to the public any part of the SWAPCAST Service or content delivered to you via the Service.

15. Changes to the Service

15.1 The Provider is constantly improving the software and the Service and may change them at any time. Additionally, there may by reasons for the Provider to stop providing the software and Service (or portions thereof) including, without limitation, that it is no longer lawful or feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue.

16. Indemnity

16.1 You herby agree that you will indemnify and hold the Provider, including subsidiary companies and affiliated legal entities and all their directors, officers, agents, employees, licensors and its contractors harmless from and against any claims, lawsuits, litigation or proceedings, as well as any damages, loss, liability, costs and expenses (including reasonable legal fees and cost) arising out of (i) your breach of these terms; (ii) your breach of any applicable law or regulations; (iii) your infringement or violation of the rights of third parties (including intellectual property rights), (iv) any act, omission or misrepresentation made by you in connection with your use of the Service; (v) claim made by third parties arising in relation to your access or use of the Services, including without limitation to sending messages or share screen through the Service or other information made available by you on SWAPCAST.

17. Limitation of liability

17. 1 The Provider shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, for: (i) any indirect, special, incidental or consequential damages, or (ii) any damage to or corruption of data (whether direct or indirect) or any indirect or direct loss of any kind even if such damages or losses has been notified to the Provider. Nothing in these terms shall exclude or restrict the Providers liability for death or personal injury resulting from the Providers negligence or fraud.

17.2 Where the Service contains links to other websites and resources provided by third parties, including ads delivered by a third party. Any use of such third party websites, resources or services will be covered by the relevant third party’s terms and privacy policy, and we shall not be liable for loss or damages that may arise in that connection.

18. Force Majeure

16.1 You acknowledge and agree that if the Provider is unable to provide the Service as a result of a force majeure event, the Provider will not be in breach on any of its obligations towards you under these terms. A force majeure event means any event beyond the control of the Provider.

19. Choice of law and jurisdiction

19.1 This end user agreement shall be governed by and interpreted in accordance with the laws of Norway and shall be subject to the jurisdiction of the courts of Norway.

Apple krav:

Instructions for Minimum Terms of Developer’s

End-User License Agreement

1. Acknowledgement: You and the end-user must acknowledge that the EULA is concluded between You and the end-user only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective Date (which You acknowledge You have had the opportunity to review).

2. Scope of License: The license granted to the end-user for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3. Maintenance and Support: You must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You and the end-user must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.

Product Claims: You and the end-user must acknowledge that You, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may not limit Your liability to the end-user beyond what is permitted by applicable law.

6. Intellectual Property Rights: You and the end-user must acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: The end-user must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which any end-user questions, complaints or claims with respect to the Licensed Application should be directed.

9. Third Party Beneficiary: You and the end-user must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.