TERMS OF SERVICE
Swell IT LLC
(Last updated: June 28, 2023)
OVERVIEW
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CLOSELY. WHEN YOU ("YOU") USE [Tiny
Entertainments] APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND
BY THESE TERMS
Swell IT LLC terms of service
This Terms of Service and all supplemental terms, as amended from time to time, governs Your use
of [Swell IT] apps (hereinafter "Swell IT Apps") offered by Tiny
Entertainments LLC or any its subsidiaries and affiliates (collectively "Services" and
each one individually, a "Service").
When You or Your children use any of the Services, You agree to be bound by these Terms of
Service, which You accept without any objection and also agree to be considered as a
"User" ("User"). As a consequence, this Terms of Service shall constitute a
legal binding agreement between the User and Swell IT LLC (hereinafter, "Tiny
Entertainments") regarding the subject matter herein.
The Services shall also be bound by all the notices, rules, instructions, policies, and
complementary, supplemental or specific terms and conditions, posted by Swell IT from
time to time (the "Additional Terms"), and which are contained at the end of this
document. The Additional Terms and Swell IT"s Privacy Policy, which could be
found at http://swellitglobal.com/policy.html ("Privacy Policy"), are an integral
part of this Terms of Service and incorporated into this document by reference.
Swell IT may modify the Terms of Service at any time and in any way. Revisions to
terms affecting existing Services shall be notified by either: (i) posting such revisions at
http://swellitglobal.com/terms.html or within the Services, and/ or (ii) direct message to
User with a link to the post at http://swellitglobal.com/policy.html
The User agrees that he/she will be considered to have been given notice of any modifications
once Swell IT posts them to http://swellitglobal.com/terms.html and that his/her
continued use of the Services after such notice shall be deemed an acceptance of any changes. As
a consequence, the User agrees to (i) check http://swellitglobal.com/policy.html
periodically for new information and terms that govern his use of the Services; and (ii) read
the direct messages sent by Swell IT with any revision or modification.
1. PERSONAL INFORMATION
The User may be required to provide to Swell IT, as a condition to using the
Services, certain personally identifiable information ("Personal Information"). Tiny
Entertainments"s retention and use of all Personal Information shall be subject to Tiny
Entertainments"s privacy policy as posted on http://swellitglobal.com/policy.html, as
that policy may be updated by Swell IT in its discretion from time to time.
The User acknowledges and agrees that this Privacy Policy, including, but not limited to, the
manner in which Swell IT collects, uses and discloses the User"s personally
identifiable information, is incorporated and made part of these Terms of Service. If the User
does not agree to each and every part of Swell IT"s Privacy Policy, then the
User should not use the Services or submit any personally identifiable information through the
Services.
2. THE CONTENT
The Service contains a variety of content including, without limitation: (i) software,
technology, text, games, information, videos, photos, pictures, graphics, music, sounds, data,
communications, illustrations, documentation, and other material and services that users can
view on, access through, or contribute to the Service; (ii) trademarks, logos, trade names,
service marks, and trade identities of Swell IT; and (iii) other forms of
intellectual property (all of the foregoing, collectively "Content").
The Content is owned, controlled or licensed by Swell IT, and is protected by law
from unauthorized use.
The User acknowledges that Swell IT owns all intellectual property rights in and to
the Content, including, without limitation, all patent rights, copyrights, inventions, trade
secret rights, trade dress rights, trademark rights and intellectual property rights therein and
thereto. The User may not remove the copyright and other proprietary rights notices from the
Content. The User agrees that this Terms of Service shall be retained with all printed and
electronic copies of the Content and documentation constituting the Content. Swell IT
does not grant the User any express or implied right in any patents, copyrights, trademarks, or
trade secret information of Swell IT.
Swell IT could now or in the future, offer to the User the opportunity to create,
build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make
available on or submit through the Service certain user-generated text, information, data, audio
files, videos, graphics, photographs, including incorporating Swell IT or other
content, or third-party Content with user-generated content ("User Submissions") and
the hosting, sharing, transmission and/or publishing of such User Submissions solely within the
Service. The User acknowledges that Swell IT does not guarantee any confidentiality
with respect to any User Submissions and they could be published and viewed by other users of
the Service The User is the owner of any Intellectual Property rights of the User Submissions.
To the extent the User submit any User Submission, they acknowledge and agree that they
automatically grant a royalty-free, worldwide, fully paid-up, perpetual, irrevocable,
non-exclusive right and license to Swell IT to use, reproduce, distribute, remove,
and analyze any of your User Submissions as Swell IT may deem necessary or desirable
for any purpose in connection with the operation of the Service:
copy, modify, and reproduce your User Submissions for marketing, promotional and/or other
purposes in connection with Swell IT or the Service in any media;
use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or
otherwise make available your User Submissions to any other user in connection with any feature
of the Service, and
delete any or all of your User Submissions from the Service, whether intentionally or
unintentionally, for any reason or no reason, without any liability of any kind to you or to any
other party, and enable the Service or users of the Service to share or post your User
Submissions on third party sites, such as, without limitation, on social networking sites.
If the User, submit, via the Service or otherwise, any unsolicited concepts, ideas, or
suggestions (collectively, the "Ideas") for, by way of example and without limitation,
any features or functionality for the Service, the User agree that such Ideas are non-
confidential and no of their proprietary and Swell IT shall not be liable for the
disclosure of such Ideas. The User grant Swell IT, under all of the rights of the
Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid,
sublicensable and transferable right and license to incorporate, use, publish and exploit such
Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to
incorporating it in the Service, or any Swell IT product or service, without
compensation or accounting to the User, and without further recourse by the User.
The User will acquire no right to use, and will not use without Swell IT"s prior
written consent, the names, characters, artwork, designs, tradenames, copyrighted materials,
trademarks or service marks of Swell IT or its parent, related or subsidiary
companies, employees, directors, officers, shareholders, assign, successors, licensors or
licensees: (a) in any advertising, publicity, marketing, promotion or on any website; or (b) in
any manner other than in accordance with this Terms of Service. The User does not acquire any
ownership rights over the Content by using the Services or downloading material from Tiny
Entertainments Apps.
The User agrees not to copy, redistribute, publish or otherwise exploit Content, except as
expressly permitted herein, without the express prior written permission of Swell IT.
All comments, feedback, suggestions, ideas, and other submissions ("Feedback")
disclosed, submitted, or offered to Swell IT by the User in connection with the use
of the Services shall be the exclusive property of Swell IT. The User agrees that
unless otherwise prohibited by law, Swell IT may use, sell, exploit and disclose the
Feedback in any manner, without restriction and without compensation to the User.
THE ACCOUNT
The Services may require You to open an account, You must complete the registration process by
providing us with current, complete and accurate information (including your email address) as
prompted by the applicable registration form. You agree that all information that you submit is
true and accurate (including, without limitation, Your billing information such as credit card
number and expiration date), and You agree to pay the Fees plus all applicable taxes. You may
also be asked to choose a password and a user/account name. You may not use a user/account name
that is used by someone else, is vulgar or otherwise offensive (as determined by Tiny
Entertainments), infringes any trademark or other proprietary rights of others, or is used in
any way that violates the Terms of Service. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, You are entirely responsible for any
and all activities that occur under Your account. You agree to notify Swell IT
immediately of any unauthorized use or theft of Your account or any other breach of security
(and to provide properly documented evidence as reasonably requested by Swell IT).
will not be liable for any loss that You may incur as a result of someone else using Your
password or account, either with or without Your knowledge. However, You will be liable for
losses incurred by Swell IT or another party due to someone else using Your account
or password. You may not use anyone else"s account at any time.
TERMINATION OF ACCOUNT
Swell IT has the right to terminate or suspend, and You have the right to cancel,
Your account(s) or a particular subscription at any time. You understand and agree that, except
as expressly provided by law, the cancellation of Your account or a particular subscription is
Your sole right and remedy with respect to any dispute with Swell IT. This includes,
but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or
our enforcement or application of these Terms of Service; (2) the Content or Services available
through the Swell IT Apps or any change in such Content; (3) Your ability to access
and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes,
billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your account(s) or a particular subscription for a Service by following the
procedures made available with the applicable Service. Swell IT reserves the right to
collect fees, surcharges or costs incurred before You cancel Your account(s) or a particular
subscription. In the event that Your account is terminated, suspended or canceled, no refund
will be granted; no online time or other credits or in-game items (e.g., points in an online
game) will be credited to You or converted to cash or other forms of reimbursement, and You will
have no further access to your account or anything associated with it. If Your account is
terminated or suspended by Swell IT, Swell IT shall have the right to
terminate or suspend any of Your other account(s).
FEES
Swell IT requires a monthly payment of fees and/ or charges for the Services of Tiny
Entertainments Apps (hereinafter, the "Fees"). The User hereby agrees to pay all fees,
including taxes, in accordance with these Terms of Service and the billing terms that are in
effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all
prices are in US Dollars and do not include Internet service provider, telephone, and other
connection charges.
Swell IT reserves the right to change its fees or billing methods at any time. The
User acknowledges that Swell IT may utilize certain third-party providers to collect
or otherwise process the Fees.
Payment Options. The User shall pay Fees using the payment methods, belonging to Tiny
Entertainments or third parties ("Payments Company"), and available for the particular
Service and for the country of residence of the User; and the User agrees to the terms and
conditions applicable to each payment method the User chooses. Payment methods may vary by
Service and by country. When the User provides credit card or other payment information to Tiny
Entertainments or a Payments Company, the User represents to Swell IT or such
Payments Company that the User is the authorized user of the credit card or other payment
methods.
The User is responsible for all fees and/ or charges incurred, including applicable taxes, made
by the User or anyone that uses the accounts, including the User"s family or friends. This
means that, unless the accounts or payment information is obtained unlawfully or fraudulently by
someone other than those authorized by the User to use the accounts, the User will be
responsible for all usage on the accounts.
RULES OF CONDUCT
As a condition of Your use of and access to the Service, the User agrees to comply with these
rules of conduct (the "Rules of Conduct"), which are provided as an example rather
than as a limitation, and any application or game-specific rules published within the Services.
In furtherance of the foregoing, and by way of example and not as a limitation, the User agrees
that the User may not access or use the Services and/or related User Content, in order to:
Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
Publish, post, upload, transmit, distribute or disseminate User content that is harmful,
abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing,
unwanted, invasive of another"s right of privacy or publicity, hateful or racially,
ethnically or, in a reasonable person"s view, otherwise offensive or objectionable.
Use, upload, transmit, distribute or otherwise make available any material or information,
including images or photographs, which are made available through such Services in any manner
that infringes any copyright, trademark, patent, trade secret, or other rights of any party
(including rights of privacy or publicity).