Use of the Service is void where prohibited. The Service is for users of the ages specified per Service area. For children under 13, Swift requires parental consent. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must notify Swift immediately of any unauthorized uses of your data, your account or any other breaches of security. Swift will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Swift may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Service. Swift may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice.
Users have the option to purchase additional features or functionality for their Swift account (“upgraded membership”). These upgraded memberships may be purchased either by (i) paying a recurring subscription fee; or (ii) pre-payment giving you access for a specific time period (“Pre-Paid Period”). The terms stated below will govern your participation in these programs.
If you comment via the discussion boxes, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (referred to collectively as “Content”), you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which Swift stores data. The purpose of the Service is studying, and users are asked to post only study-related Content. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service. Swift reserves the right to investigate and take appropriate legal action against anyone who, in Swift’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the accounts of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Swift:
The following are examples of the kind of activity that is illegal or prohibited on the Service. Swift reserves the right to investigate and take appropriate legal action against anyone who, in Swift’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
By making Content available, you represent and warrant that:
By submitting Content to Swift for inclusion on the Service, you grant Swift a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (existing or subsequently developed). Such additional uses by Swift, or other companies or individuals who partner with Swift, may be made with no compensation paid to you with respect to the Content that you submit, post, or otherwise make available through the Service. If you use Swift’s Embed Function on your website, you may not modify, build upon, or block any functionality or portion thereof, including but not limited to links back to the Swift website.
Swift has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Swift does not represent or imply that it endorses the material posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical inaccuracies, typographical mistakes, and other errors may be present. The Service may also contain material that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. Swift disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content posted thereon.
We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which Swift links, and which link to Swift. Swift does not have any control over those third party websites and webpages, and is not responsible for their content or your use thereof. By linking to a third party website or webpage, Swift does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. Swift disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
As Swift asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Swift violates your copyright, you are encouraged to notify Swift in accordance with Swift’s Digital Millennium Copyright Act (“DMCA”) Policy. Swift will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Swift or others, Swift may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, Swift will be under no obligation to provide a refund of any amounts previously paid to Swift.
Swift Management AG, swift.ch, the Swift logo, and all other trademarks, service marks, graphics and logos used in connection with Swift, or the Service are trademarks or registered trademarks of Swift or Swift’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Swift or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.
The Service, including without limitation all content there available and these Terms of Service, may be changed at the sole discretion of Swift and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
Except as otherwise expressly stated, all content posted to or available from the Service is provided “as is”, and Swift, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk, and that Swift, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download such Content or the use of the Service. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Except as otherwise expressly stated, in no circumstance will Swift, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Swift, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Swift, its suppliers and its licensors arising from, or related to, use of the Service, or the contents thereof, or of any hyperlinked website, exceed the amounts actually paid by you to Swift during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this section, Section 10, represents a reasonable allocation of risk.
You agree to defend, indemnify and hold harmless Swift, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
These Terms of Service constitute the entire agreement between Swift and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Swift, or by the posting by Swift of a revised version. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of Basel, Switzerland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Basel, Switzerland. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms. Swift may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about this document, the practices of this site, or your dealings with this site, please contact us at: Swift Management AG | Feldbergstrasse 42 | 4057 Basel Switzerland | +41 61 3855555 | email@example.com | https://www.swift.ch This document was last updated on May 25, 2018