April 8, 2009
This Agreement includes swiftsnipe.com's policy for acceptable use of the swiftsnipe.com Services and Content (as defined in Section 6.1 below) posted on or through the swiftsnipe.com Services and your rights, obligations and restrictions regarding your use of the swiftsnipe.com Services and Content posted on or through the swiftsnipe.com Services. Unless otherwise provided by the additional terms and conditions applicable to the swiftsnipe.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
swiftsnipe.com may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by swiftsnipe.com on the Site. Your continued use of the swiftsnipe.com Services after swiftsnipe.com posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
swiftsnipe.com reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the swiftsnipe.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. swiftsnipe.com expressly reserves the right to remove your account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the swiftsnipe.com Services if swiftsnipe.com determines, in its sole discretion, that you have violated this Agreement or pose a threat to swiftsnipe.com and/or its Users.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the swiftsnipe.com Services. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. swiftsnipe.com may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the swiftsnipe.com Services is terminated, this Agreement will remain in effect in its entirety.
Password. When you sign up to become a Member, you will also be asked to choose a password. By accepting this agreement, you allow SwiftSnipe to act as your proxy bidder and to place bid on your behalf. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify swiftsnipe.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Although the Site and other swiftsnipe.com Services are normally available, there will be occasions when the Site or other swiftsnipe.com Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of swiftsnipe.com. Also, although swiftsnipe.com will normally only delete Content that violates this Agreement, swiftsnipe.com reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by swiftsnipe.com in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, swiftsnipe.com encourages you to maintain your own backup of your Content. In other words, swiftsnipe.com is not a backup service. swiftsnipe.com will not be liable to you for any modification, suspension, or discontinuation of the swiftsnipe.com Services, or the loss of any Content.
Disclaimers. swiftsnipe.com is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the swiftsnipe.com Services, whether caused by Users of the swiftsnipe.com Services or by any of the equipment or programming associated with or utilized in the swiftsnipe.com Services and such Content does not necessarily reflect the opinions or policies of swiftsnipe.com. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. swiftsnipe.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by swiftsnipe.com. Inclusion of any linked website on the swiftsnipe.com Services does not imply approval or endorsement of the linked website by swiftsnipe.com. When you access these third-party sites, you do so at your own risk. swiftsnipe.com takes no responsibility for third-party advertisements or third-party applications that are posted on or through the swiftsnipe.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. swiftsnipe.com is not responsible for the conduct, whether online or offline, of any User of the swiftsnipe.com Services. swiftsnipe.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. swiftsnipe.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the swiftsnipe.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the swiftsnipe.com Services. Under no circumstances shall swiftsnipe.com be responsible for any loss or damage, including personal injury or death, resulting from use of the swiftsnipe.com Services, from any Content posted on or through the swiftsnipe.com Services, or from the conduct of any Users of the swiftsnipe.com Services, whether online or offline. The swiftsnipe.com Services are provided "AS-IS" and as available and swiftsnipe.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. swiftsnipe.com cannot guarantee and does not promise any specific results from use of the swiftsnipe.com Services.
Limitation on Liability. IN NO EVENT SHALL SWIFTSNIPE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SWIFTSNIPE.COM SERVICES, EVEN IF SWIFTSNIPE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWIFTSNIPE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWIFTSNIPE.COM FOR THE SWIFTSNIPE.COM SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the United Kingdom, without regard to its conflict of law provisions. You and swiftsnipe.com agree to submit to the exclusive jurisdiction of the courts located within the United Kingdom to resolve any dispute arising out of the Agreement or the swiftsnipe.com Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Indemnity. You agree to indemnify and hold swiftsnipe.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the swiftsnipe.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the swiftsnipe.com Services causes swiftsnipe.com to be liable to another.
Other. This Agreement is accepted upon your use of the Site or any of the swiftsnipe.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and swiftsnipe.com regarding the use of the swiftsnipe.com Services. The failure of swiftsnipe.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.