Swag Terms of Service
Last updated: August 2nd, 2016
Swag is a pay-to-view social messaging application service that allows users to create, publish and potentially earn money for their exclusive photos and videos. Swag is operated by Machipopo, Inc., with an address at 6F., No.2, Sec. 5, Xinyi Rd., Xinyi Dist., Taipei City 110, Taiwan ("us", "our" or "we").
We reserve the right to make changes to these Terms at any time. If we make material changes, we will endeavor to notify you of the changes, such as by posting a notice directly within the Swag app and/or on official website, or by any other reasonable method. Also, we may ask you to affirmatively agree to these Terms as modified (e.g., by pressing an "I Agree" button) at the time of your next login on Swag. By continuing to use Swag after such notice and/or acceptance, you agree to be bound by these Terms as modified.
When using Swag, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails, push messages and in-app messages. You acknowledge and agree that all agreements, notices, disclosures that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using Swag, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use Swag, and that any and all such charges will solely be your responsibility.
We reserve the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate Swag or any portion thereof; (ii) restrict, limit, suspend or terminate your access to Swag or any portion thereof; (iii) remove, block or disable any content you post on Swag; (iv) monitor your use of Swag (including any content or message you post or transmit on Swag) to verify compliance with these Terms and/or any applicable law; and (v) investigate any suspected or alleged misuse or unlawful use of Swag and cooperate with law enforcement in such investigation.
HOW SWAG WORKS
Swag lets you create and publish your photos and videos for access by your followers on Swag. You can also follow and access photos and videos of other Swag users. Swag users can send private messages to one another. When users create photos/videos using the Swag camera function, such content is "exclusive" to Swag and can only be viewed within the Swag app and cannot be shared or exported outside of the Swag app. IMPORTANT NOTE: User Content created on Swag (i.e., using the Swag camera) is only temporarily stored and is automatically deleted by Swag after 24 hours..
Upon creating a photo or video (the “Content") on Swag, the content creator (the “Creator”) can make that content accessible to his/her followers (the “Followers") either at no charge ("free content") or for a charge ("premium content"). For a premium content item, the Creator will designate a certain number of "Swag points" that he/she wishes to charge for the item, and Swag will charge a platform service fee. To access the item, a Follower will need to acquire the requisite total number of Swag points indicated for that item by making an in-app purchase of the equivalent dollar value based on the then-current applicable exchange rate published on Swag.
You can check the Swag Point balance (the “Balance”) in your account on Swag. Your Balance includes: (i) Swag Points you have purchased but not yet used toward purchases of access to other Creators' premium contents; (ii) Swag Points that you have earned from other Followers' in-app purchases of access to your premium content, and Followers gifted you (the “Earnings”).
Once you have earned more than 200,000 Earnings (Swag Points you received from others), and the Balance is more than or equal to the Earnings, you can get USD $100 revenue share and withdraw into cash with your PayPal account. Then, your Swag account Balance and Earnings will both deduct 200,000 points. You may repeat this process once you again earn enough Swag Points from in-app purchases.
Once you've made it to 200,000 Swag Earnings, you can contact us at firstname.lastname@example.org and withdraw them in cash. IMPORTANT NOTE: We do not own or control User Content on Swag. All User Content transactions and interactions on Swag are between Creators and their Followers.
WHO CAN USE SWAG
Swag is a social messaging platform for respectful and responsible grown-ups and is not a platform for posting or viewing pornography. IMPORTANT NOTE: As a general policy, we do not tolerate pornography on Swag and any user account that violates this policy may be deactivated immediately..
By using Swag, you represent and warrant that: (i) you are at least 18 years of age; (ii) you will fully comply with these Terms; (iii) you accept full responsibility for the use of Swag on any device, whether or not it is owned by you; (iv) you accept full responsibility for any User Content created or provided by you; and (v) your use of Swag will not violate these Terms or any applicable law.
Account registration is required to access and use Swag. To register on Swag, you must provide a valid email address, a username, and a password. During account registration, you also have the ability to create a Swag profile and import your preexisting content (such as your Facebook photos) to be a part of your Swag profile. Note that as part of the account registration process, we may ask for your mobile phone number for account verification purposes.
By registering on Swag, you represent and warrant that: (i) all account registration and profile information and content you provide to us (including content you choose to import from Facebook or any other social media service) is your own information and content and is truthful and accurate; (ii) you do not already have an existing account on Swag (including under a different email, username, or mobile number); (iii) if you previously had an account with Swag, your old account was not terminated or suspended by Swag for violation of these Terms; (iv) you register on Swag for your own personal and lawful, and you will not sell, rent, lease, loan or transfer your account to a third party without our written permission; and (v) you will not log in or attempt to log in on Swag through unauthorised third party applications.
You are fully responsible for any and all activities that occur on your account. You are responsible for maintaining the security and confidentiality of your login details and agree to immediately notify us if you believe someone has used or is using your account without your permission or any other breach of security is brought to your attention.
To access another's premium content item on Swag, you must acquire the requisite total number of Swag Points indicated for that item by making an in-app purchase of the equivalent dollar value. In-app purchases for Swag Points are handled through the applicable app store. The applicable app store may charge you a sales tax depending on where you live, and please check the app store's terms and policies for details.
IMPORTANT NOTE: All in-app purchases of Swag Points are FINAL AND NON-REFUNDABLE. By making an in-app purchase of Swag Points to access a premium item on Swag, you expressly acknowledge and agree that neither the Creator of such premium item nor we will have any obligation or liability to provide you with a refund for any reason. You also agree that we will make the necessary adjustment to correct the error in your Balance only when Swag software or technical glitch has resulted in an error in your Balance.
ACCOUNT DEACTIVATION BY YOU
Should you wish to deactivate your Swag account, please contact Swag customer support at email@example.com to submit your deactivation request. We will deactivate your account within 60 working days after receiving your request. IMPORTANT NOTE: Upon deactivation of your account, any Swag Points Balance in your account will be deemed forfeited and will be lost permanently.
ACCOUNT DEACTIVATION BY US
By using Swag, you acknowledge and agree that we reserve the right to deactivate your account (with or without warning) if: (i) your use of Swag violates these Terms or any applicable law; or (ii) you do not log into the Swag app for more than 60 days and over 7 days after official reminder. IMPORTANT NOTE: If your account is deactivated by us for violation of these Terms or any applicable law or due to dormancy, any Swag Points Balance in your account will be deemed forfeited and will be lost permanently.
We require that all Swag users respect and comply with these Terms at all times when using Swag.
You may not :
- Falsify account registration information, or make unauthorized use of another's information or content;
- Use Swag in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- Create, upload, post, display, publish or distribute any User Contentthat (i) is pornographic, sexually explicit, obscene, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or (ii) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
- Copy, reproduce, distribute, modify, or create derivative works from, any content that you do not own and do not have express written permission to do so from the applicable content owner (this includes taking a picture or screenshot or otherwise making a copy of another's User Content);
- Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Swag or any portion thereof;
- Interfere in any way with the operation of Swag or any server, network or system associated with Swag, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another's account that you are not expressly authorized to access; use Swag for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other benchmarking or competitive purposes;
- Use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access Swag or any server, network or system associated with Swag, or to extract, collect, harvest or gather content or information from Swag;
- Make any other use of Swag that violates these Terms or any applicable law.
To report abuse or misuse of Swag, please contact Swag customer support at firstname.lastname@example.org.
GOVERNING LAW; DISPUTE RESOLUTION
The Terms and conditions as set out herein and any dispute or matterarising from or incidental to the use of Swag Services shall be governed by and construed in accordance with the laws of Taiwan, without regard to any conflicts of laws principles. Both you and Swag shall submit to the exclusive jurisdiction in Taipei District Court (Taiwan). Any dispute or claim between you and Swag regarding the Swag Services must be settled by arbitration utilizing the dispute resolution procedures of Taipei District Court (Taiwan).