March 16, 2020
Accessing the Website
We reserve the right to withdraw or amend the Website, and any service we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
Ownership and Use of the Website
Swab The World Foundation (“Swab The World”), its licensors, or other providers, are the owners of all content on the Website, including, without limitation, all applicable Canadian and non-Canadian copyrights, trademarks, trade names, logos, patents, trade secrets and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Website (“Swab The World Content”). The contents of the Website and the Swab The World Content are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Website or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Website, as determined by Swab The World in its sole discretion.
The SWAB THE WORLD trademark, and all related names, logos, product and service names, designs, and slogans are trademarks of Swab The World or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. You must not use such marks without the prior written permission of owner.
User Code of Conduct
- In any way that violates any applicable federal, provincial, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate any other person or entity (including, without limitation, by using email addresses or screen names associated with the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Website or users of the Website or expose them to liability.
Certain portions of the Website may permit you to submit, post, transmit or upload content created by you (“User Content”), which may include, without limitation, photographs, information, text, images, graphics, video, comments or suggestions.
In connection with User Content, you agree that you will not submit User Content that:
- includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
- are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- contains advertisements or solicitations of any funds, goods or services;
- is a communication by a user impersonating another user;
- contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
- could be considered bulk unsolicited communications.
(collectively, “Content Standards”).
No credit, approval or compensation is due to you for any such Use of User Content you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Content), in connection with broadcast, print, online or any other Use of your User Content. All User Content become the unrestricted licensed property of the Licensed Parties.
Links to Other Sites
For the purposes of providing the Service and for your convenience, this Website may provide links to other third-party web sites, including without limitation national registry websites and social media websites, that are not operated by Swab The World (“Third Party Site(s)”). Swab The World has no control over these Third-Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Swab The World may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Swab The World to, or an endorsement by Swab The World of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Swab The World is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
CONTENTS OF THIS WEBSITE – DISCLAIMER
The materials in this website (including any works, graphics, software, or other materials) and any materials made available through this website are provided for information purposes only, “as is” and “as-available”, and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Swab The World disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Swab The World does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Swab The World undertakes no obligation to verify or maintain the currency of such information.
In addition, you understand and agree that when using this website, you will be exposed to user content posted and/or submitted by users. Swab The World is not in any manner responsible for the user content, and Swab The World does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such user content. In addition, Swab The World cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable user content will not appear on this website. You acknowledge that by providing you with the ability to access and view user content on this website, Swab The World is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user content or activities of users on this website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any user content are not necessarily those of Swab The World or its affiliated or related entities or website providers.
OPERATION OF THIS WEBSITE – DISCLAIMER
Swab The World endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this website or its operation. As to the operation of this website, Swab The World expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Swab The World makes no warranty that (i) the operation of this website will meet the user’s requirements; (ii) access to this website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of this website will be accurate or reliable; or (iv) defects will be corrected. You (and not Swab The World) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment or mobile device and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SWAB THE WORLD, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “SWAB THE WORLD PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THIS WEBSITE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE. THE SWAB THE WORLD PARTIES SHALL NOT BE LIABLE EVEN IF SWAB THE WORLD OR A SWAB THE WORLD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you.
Applicable Law; Jurisdiction