The Web pages available at www.swiftapk.com, and all linked pages unless indicated otherwise ("Site"), are owned and operated by Company, and are accessed by you ("User") under the following terms and conditions:
Subject to the terms and conditions of this Agreement, Company may offer to provide certain services that relate to generating applications for publishers, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"). Company may change, suspend or discontinue the Services (or User's access thereto) at any time, including the availability of any feature, advertisement, application or Content, without notice or liability. Company reserves the right, at its discretion, to refuse to allow access to the Services to any User at any time. Company also reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. Use of the Services by User following such notification constitutes User's acceptance of the modified terms and conditions. User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. Company may assign this Agreement in whole or in part at any time without your consent.
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
Company reserves the right, but has no obligation, to monitor the information or material you submit to the Site, or post in the public areas of the Services. Company maintains the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or the integrity of the Site, or upon the request of any third party.
You will not provide inaccurate, misleading or false information to Company or to any other user. If information provided to Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Company of such change.
User (whether a publisher, advertiser or otherwise) warrants, represents and agrees that it will not contribute, submit or make available through the Services, or use the Services in connection with, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. If User is a publisher, User shall not, and shall not authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site or Services, or any processes that run or are activated while the User is not logged in.
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES. Company will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on its equipment and transmitted over networks accessed by the Site, or otherwise connected with User's use of the Site or Services.
Some of the Services may require payment of fees. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. If User is a publisher, User shall receive a percentage of the Net Revenue of Advertisements associated with User's use of the Services as solely determined by Company. "Net Revenue" shall mean revenues actually received by Company from the use or other disposition of Advertisements displayed on Publisher's Mobile Property less sales, use and excise taxes, less any referral commissions, carrier and/or partner fees, and less any allowances actually made or taken for returns, cash discounts or promotional allowances but excluding other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by Company to third parties from time to time. The portion of Net Revenue received by User shall be determined on the first Monday of each calendar month, on which day those revenues accrued to User's account twenty-eight (28) or more days earlier shall become eligible to be paid. Payments to User shall be sent by Company only if User's earned balance is greater than or equal to $20USD (Twenty Dollars, US). If User's earned balance is less than $20USD, a check may not be sent until the following calendar month, on the first Monday of which Company shall make the aforesaid determination anew. In addition, if User is a publisher, User agrees that any payments that may become due to User (as described on the Site) are specifically conditioned upon Company's receipt of full payment from the applicable advertiser. If Company does not receive the applicable payment in full from any such advertiser, Company shall have no liability or responsibility to User (and User hereby releases Company) with respect thereto. If User disputes any payment made in connection with the Services, User must notify Company in writing within thirty (30) days of any such payment. Failure to so notify Company shall result in the waiver by User of any claims related to such disputed payment. Payment shall be calculated solely based on records maintained by Company. No other measurements or statistics of any kind shall be accepted by Company or have any effect under this Agreement. Company shall not be liable for any payment based on (i) any fraudulent impressions generated by any person, robot, automated program or similar device or for fraudulent impressions similarly generated on any advertisements, as reasonably determined by Company; (ii) impressions commingled with a significant number of fraudulent impressions or fraudulent clicks described in (i) above; or (iii) any breach of this Agreement by User. To ensure proper payment, User is solely responsible for providing and maintaining accurate contact and payment information associated with User's account and Company User ID. User agrees to pay all applicable taxes or charges imposed by any government entity in connection with User's use of the Services.
Either party may terminate the Services at any time by notifying the other party by any means, except in the presence of a legally binding contract. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of the User's account, User's right to use the Services will immediately cease and User will remove all Company code from User's Mobile Properties. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Company's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. In the event of a conflict between this Agreement and any document incorporated herein by reference, this Agreement shall govern. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Company in any respect whatsoever.