| User Agreement |
You are responsible for reviewing and becoming familiar with all of these terms. Your use of the SWINGthailand.com site and services (and your use of other sites operated or services performed by MRM Worldwide), following this notification constitutes your acceptance of these new terms of service, as well as the terms and conditions contained in the www.swingthailand.com; Our use of information you provide to us is governed by the swingthailand.com Privacy Policy. If you do not want the information you provided to us in the past used in the ways described in our Privacy Policy, please send us an email at swingthailand@swingthailand.com |
| ACCEPTANCE OF TERMS |
| This User Agreement (the "Agreement") applies to all products and services offered by SWING Group (the “Group”) through any of the Group's properties, including SWINGthailand.com. In addition, when using particular “Group”s services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. BY USING WWW.SWINGTHAILAND.COM, YOU ARE STATING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE THE WWW.SWINGTHAILAND.COM. You agree that the Company may change the terms and conditions of this Agreement at any time by posting such changes on the “Group” and that your continued use of the “Group” after any such posting will constitute your acknowledgment and acceptance of the revised terms and conditions. |
| REGISTRATION OBLIGATIONS |
| To use SWINGthailand.com, you do not have to register to become a member of the “Group”. You will have access to all services provide on the site. |
| MODIFICATIONS |
| We reserve the right to modify or discontinue, temporarily or permanently, the “Group” (or any part thereof) with or without notice. You agree that swingthailand.com shall not be liable to you or to any third party for any such action. |
| “GROUP” RULES |
Following are some basic rules that apply to the “Group” and that you agree to follow. You agree not to use the “Group” to:
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| You acknowledge that we do not pre-screen material posted or transmitted on www.swingthailand.com, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the www.swingthailand.com, including but not limited to message board posts, profiles, images, personals, chat and reviews. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of the Company, its users or the public. |
| PRIVACY |
| Our Privacy Policy states in full our policy regarding how we handle information that we automatically collect about you or that you choose to submit to us. |
| SUBMISSIONS |
| Through certain areas of the www.swingthailand.com you may post or submit material ("Submissions") for viewing by others or view Submissions of other users (e.g., bulletin boards, forums, personals, chat rooms). By making a Submission, you (a) automatically grant the “Group” and its affiliates and licensees the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, (b) permit any other user of the “Group” to access, view, store, or reproduce the Submission for that user's personal use, and (c) represent and warrant that public posting and use of your Submission by the Company and its affiliates and licensees will not infringe or violate the rights of any third party. |
| LINKS |
| Our provision of a link to any non-”Group” site or location is for your convenience and does not signify our endorsement of such non-”Group” site or location or its contents. The “Group” shall not be responsible for any information, software, or links found at any non-”Group” site or location, or for any transactions conducted at or through any linked non-”Group” site or location. |
| DISCLAIMER OF WARRANTIES |
| YOU EXPRESSLY AGREE THAT YOUR USE OF www.swingthailand.com IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE “GROUP” ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT, AND THE “GROUP”, ITS SUBSIDIARIES AND LICENSORS HEREBY EXPRESSLY DISCLAIM, ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY, ITS SUBSIDIARIES AND LICENSORS DO NOT REPRESENT OR WARRANT THAT THE “GROUP” WILL FUNCTION WITHOUT INTERRUPTION, THAT THE “GROUP” IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE “GROUP” AND THE SERVER(S) THAT MAKE WWW.SWINGTHAILAND.COM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF THE WWW.SWINGTHAILAND.COM SHALL CREATE ANY WARRANTY. FURTHER, THE COMPANY, ITS SUBSIDIARIES AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE “GROUP” WILL BE CORRECT, ACCURATE, TIMELY OR RELIABLE. |
| LIMITATIONS ON LIABILITY |
| IN NO EVENT SHALL THE “GROUP”, ITS SUBSIDIARIES OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE “GROUP” BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WWW.SWINGTHAILAND.COM, ANY CHANGES TO THE WWW.SWINGTHAILAND.COM OR THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WWW.SWINGTHAILAND.COM. THE “GROUP”, ITS SUBSIDIARIES AND LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE “GROUP” ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH WWW.SWINGTHAILAND.COM, OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE “GROUP”, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING WWW.SWINGTHAILAND.COM. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF THE COMPANY OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. |
| INDEMNIFICATION |
| You agree to indemnify and hold the Company, its licensors and any other person or entity involved in creating or distributing www.swingthailand.com, as well as each of their respective parents, affiliates or subsidiaries and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account's) use of, or conduct with respect to, the “Group”. |
| ALLOCATION OF RISK |
| YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE “GROUP”, WITHOUT WHICH THE “GROUP” WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE WWW.SWINGTHAILAND.COM. |
| PROPRIETARY RIGHTS |
You acknowledge and agree that all content and materials available on or through www.swingthailand.com are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may print or download one copy of the materials or content on www.swingthailand.com on any single computer for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Systematic retrieval of data or other content from www.swingthailand.com to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the “GROUP” is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by the “GROUP”, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. To obtain such authorization, contact the Company Copyright Administrator by clicking here or by fax or mail at: Copyright Administrator Millennium Copyright Act (the "Act"), the Company has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your work has been copied and is accessible through www.swingthailand.com in a way that constitutes copyright infringement, please fills out a Notice of Infringement Form and fax or mails it to the following agent of the Company for notice of claims of copyright infringement: Copyright Administrator Or: P.O. Box 1055, Silom Post Office, The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. § 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement. |
| CHOICE OF LAW/JURISDICTION AND VENUE |
| You agree that the laws of the Kingdom of Thailand to all matters relating to this Agreement, as they would to agreements made and entered into entirely in Thailand, notwithstanding your actual place of residence. You agree that all lawsuits arising out of or relating to this Agreement shall be brought exclusively in the Thai Court of Law, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. |
| GENERAL |
| This Agreement contains the complete and final statement of the understanding between you and the “GROUP” with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and the Company concerning the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by the “GROUP” of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the “GROUP” to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the www.swingthailand.com or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including, without limitation, the Acceptance of Terms, “Group” Rules, Submissions, Links, Disclaimer of Warranties, Limitations on Liability, Indemnification, Allocation of Risk, Proprietary Rights, Choice of Law/Jurisdiction and Venue and General sections of this Agreement. |