Website Terms of Use

Last updated: October l, 2018

  1. Acceptance of the Terms of Use

Please read the following terms and conditions, together with any documents they incorporate by reference (collectively, the “Terms of Use”) carefully before you start to use the website https://swabtheworld.com and all its subdomains (the “Website”). By using the Website, the Swab the World platform or the services provided on the Website (collectively, the “Service”), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://swabtheworld.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

  1. 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:

To access the Website or the Service it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

  1. Continuing Agreement

We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this page, and we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), you understand and agree that your continued access to or use of the Website after any posted modification to the Terms of Use indicates your acceptance of the modifications.

  1. Ownership and Use of the Website

Mai Duong Foundation / 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.

  1. Trademarks

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.

  1. Privacy

For information on how Swab The World uses and protects the personal information you may provide on this Website, please read the Swab The World Privacy Policy. The Privacy Policy is incorporated into these Terms of Use and explains Swab The World’s privacy practices. By using the Website, you agree to the terms of the Privacy Policy.

  1. User Code of Conduct

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

You agree to immediately notify Swab The World if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you so notify Swab The World, or we otherwise suspect such activity, you agree to cooperate with Swab The World in any investigation and to use any prevention measures we prescribe.

  1. User Content

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:

(collectively, “Content Standards”).

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content to Swab the World through this Website, whether solicited or unsolicited, you agree that you are granting Swab the World, any third-party service providers who provide the Website, and partners (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate, make copies thereof and retain such, and otherwise exploit (collectively, “Use”) such User Content for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

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.

You represent and warrant that neither the User Content, nor the Use of the User Content as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Content. All User Content must comply with the Content Standards set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Content, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Content, in whole or in part, for any reason or for no reason. Swab the World also reserves the right to terminate your account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Swab the World does not have any obligation to use or respond to any User Content. The Licensed Parties have no control over whether such User Content are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Content.

If you are aware of any User Content on this Service which violates these Terms of Use, please contact us by visiting our Contact Us page https://swabtheworld.com/about/contact-us. Please provide as much detail as possible, including a copy of the underlying material, the location where Swab the World may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal; Swab the World will only remove User Content if Swab the World believes the measure is necessary, in our sole discretion. In no event does Swab the World assume any liability for failing to either monitor or remove specific User Content.

Swab the World will fully cooperate with any law enforcement authorities or court order requesting or directing Swab the World to disclose the identity of anyone posting User Content that violates these Terms of Use or any law or regulation. Swab the World may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Swab the World, its customers or the public.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Indemnification

You hereby agree to defend, indemnify and hold the Swab The World Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Website, your User Content, your breach or alleged breach of these Terms of Use, your violation of Applicable Laws, or your violation of any rights of another person or entity.

  1. Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the Province of Quebec, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the Province of Quebec or federal courts, as applicable, located in the District of Montreal, and Swab The World and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

  1. Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  1. No Waiver

No failure on the part of Swab The World to enforce any part of these Terms of Use shall constitute a waiver of any of Swab The World’s rights under these Terms of Use whether for past or future actions on the part of any person.

  1. Contact Us

We value the connection we have with our users and we welcome your feedback, questions, comments and concerns regarding the Terms of Use and all other policies in effect on the Website.  You can contact us at through our Contact Us page or by sending correspondence to info@swabtheworld.com.