Terms and Conditions

Last updated: April 05, 2023

Agreement To Terms

About your accessing and using the http://www.swipegarden.com website, as well as any other media form, media channel, mobile website, or mobile application related to Swipe Garden, you acknowledge and accept that you have read, understood, and agreed to be bound by all of the terms and conditions outlined in the “Conditions of Use” before visiting Swipe Garden. The paragraph further clarifies that “you” can refer to either an individual or an entity, while “Company,” “we,” “us,” or “our” all refer to Swipe Garden.

If you do not agree with these terms, you are not permitted to use Swipe Garden.

The company, Swipe Garden, may periodically update or modify these conditions of use in their sole discretion, and any revised terms of use will be effective immediately upon posting on the website. It is your responsibility to check for any changes and comply with the updated terms if you continue to use the website.

The information provided on the website is not intended for use in any jurisdiction or nation where doing so would be against the law, and you are responsible for complying with local laws if you choose to access the website from another location. Additionally, Swipe Garden is not tailored to comply with industry-specific regulations, so if your interactions are subject to such laws, you may not use the site.

Swipe Garden is intended for users who are at least 18 years old, and persons under 18 are not permitted to use or register for the website.

Intellectual Property

About the ownership and intellectual property rights of Swipe Garden, a website. The content includes the source code, databases, functionality, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos contained therein. The company claims that all of these elements are its property and are protected by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws. The company grants users a limited license to access and use Swipe Garden, as long as they are eligible to do so and to download or print a copy of any portion of the Content for their personal, non-commercial use.

However, users are strictly prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or otherwise exploiting any part of Swipe Garden, the Content, or the Marks for any commercial purpose without prior written permission from the company. The company reserves all rights not expressly granted to the user in and to Swipe Garden, the Content, and the Marks.

User Representations

By using Swipe Garden, you confirm and guarantee that: (1) you have the legal authority to agree to and abide by these Terms of Use; (2) you are of legal age in your jurisdiction of residence; (3) you will not access Swipe Garden using any automated or non-human methods, such as bots, scripts, or otherwise; (4) you will not use Swipe Garden for any unlawful or unauthorized purposes; and (5) your use of Swipe Garden will not infringe upon any applicable laws or regulations.

If you give any information that is false, misleading, out of date, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of Swipe Garden (or any part thereof).

Prohibited Activities

Swipe Garden has set forth certain prohibited activities to ensure that the use of its platform remains safe, secure, and compliant with applicable laws and regulations. As a user, you are prohibited from using Swipe Garden for any purpose other than its intended purpose. Swipe Garden may not be used for any commercial endeavors except those that have been explicitly endorsed or approved by the platform. Additionally, you agree not to engage in the following activities while using Swipe Garden:

  • Systematically retrieve data or other content from Swipe Garden to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Swipe Garden.
  • Attempt to trick, defraud, or mislead Swipe Garden and other users, particularly when attempting to obtain sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of Swipe Garden, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Swipe Garden and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm Swipe Garden or Swipe Garden’s reputation in any way.
  • Use any information obtained from Swipe Garden to harass, abuse, or harm another person.
  • Improperly use Swipe Garden’s support services or submit false reports of abuse or misconduct.
  • Use Swipe Garden in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to Swipe Garden.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Swipe Garden or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Swipe Garden.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
  • Interfere with, disrupt, or create an undue burden on Swipe Garden or the networks or services connected to Swipe Garden.
  • Harass, annoy, intimidate, or threaten any of Swipe Garden’s employees or agents engaged in providing any portion of Swipe Garden to you.
  • Attempt to bypass any measures of Swipe Garden designed to prevent or restrict access to Swipe Garden, or any portion of Swipe Garden.
  • Copy or adapt Swipe Garden’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Swipe Garden.
  • Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Swipe Garden, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on Swipe Garden.
  • Make any unauthorized use of Swipe Garden, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts

User-Generated Contributions

Users should follow these terms as a contributor for the website:

  • Users cannot publish or post material on the website.
  • The ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on Swipe Garden (collectively, “Contributions”) may be made available to you.
  • Other Site users and third-party websites may be able to access Contributions.
  • Swipe Garden Privacy Policy may be applied to any Contributions you send.
  • You represent and warrant the following when you produce or otherwise make any Contributions available:
    • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Swipe Garden, and other users of Swipe Garden to use your Contributions in any manner contemplated by Swipe Garden and these Terms of Use.
    • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by Swipe Garden and these Terms of Use.
    • Your Contributions are not false, inaccurate, or misleading.
    • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
    • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
    • Your Contributions do not violate any applicable law, regulation, or rule.
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
    • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
    • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
  • Any use of Swipe Garden in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Swipe Garden.

Contribution License

As a user of Swipe Garden, it is important to understand that any information or personal data you provide may be accessed, stored, processed, and used by us according to the terms outlined in our Privacy Policy. You also have the option to adjust your settings to control how your information is used.

If you choose to submit feedback or suggestions about Swipe Garden, it is important to know that we may use and share that feedback for any purpose without compensating you.

Any donations you make to Swipe Garden are considered your property and we do not claim ownership of them. This includes any intellectual property or proprietary rights associated with your contributions. It is important to note that you are solely responsible for the content you post on the platform and we do not endorse any assertions or representations you may make. By using Swipe Garden, you agree to release us from any liability and to not take legal action against us in connection with your contributions.

Submissions

If you provide us with any inquiries, ideas, feedback, suggestions, or other information about Swipe Garden, we will consider it non-confidential and we will have exclusive ownership of it. This means that we can use it and share it without having to acknowledge or pay you. We will have all the intellectual property rights to it and we can use it for any lawful purpose, including commercial purposes.

You must guarantee that any information or feedback you provide is your original work or that you have the legal right to submit it. You also give up your moral rights to the information or feedback you provide, which means that you won’t have any control over how it’s used or presented.

If any issues arise due to the use of your information or feedback, you won’t have any legal recourse against us. It’s important to understand that by providing us with information or feedback, you are giving up your rights to it and allowing us to use it as we see fit. If you’re unsure about anything, we recommend seeking legal advice before submitting any information or feedback to us.

Third-Party Website And Content

Swipe Garden may contain links to other websites (“Third Party Websites”) as well as content or items originating from third parties (“Third-Party Content”). We do not investigate, monitor or check for accuracy, appropriateness or completeness the Third Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through Swipe Garden or any Third-Party Content posted on, available through or installed from Swipe Garden. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or Third-Party Content.

We do not imply approval or endorsement of any Third-Party Websites or Third-Party Content by including them on Swipe Garden or permitting their use or installation. If you decide to access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Swipe Garden or relating to any applications you use or install from Swipe Garden.

Any purchases made through Third-Party Websites are exclusively between you and the applicable third party, and we take no responsibility whatsoever in relation to such purchases. We do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.

Advertisers

On Swipe Garden, you may see ads and other content in places such as the sidebar or banner ads. Please note that if you are an advertiser, you are solely responsible for the advertising you post on the website, as well as any services or products you promote. As an advertiser, you also guarantee and represent that you have all the necessary rights, including but not limited to intellectual property, publicity, and contractual rights, to post advertising on Swipe Garden. We do not have any other interactions with advertisers apart from providing the platform for such ads.

Site Management

As the operators of Swipe Garden, we are committed to upholding our Terms of Use and ensuring the safety and security of our users. To achieve this goal, we reserve the right to monitor the website for any violations of our policies, including behavior that we deem as violating the law or these Terms of Use. In such cases, we may take appropriate legal action, which may involve reporting the violation to law enforcement authorities.

Moreover, we reserve the right to refuse, restrict access to, limit availability of, or disable any of your rights as a user of Swipe Garden. This is done at our sole discretion and without limitation, with the aim of protecting our rights and property, as well as facilitating the proper functioning of Swipe Garden. In other words, we may take action to manage the website in a way that promotes fairness and safety for all users, while preventing any misuse or unauthorized access.

We take our responsibility to manage Swipe Garden seriously and always strive to act fairly and responsibly. Our goal is to maintain the trust of our users and ensure that everyone who uses Swipe Garden can do so safely and with confidence. Therefore, we will always act in a manner that is consistent with our values, policies, and applicable law.

Privacy Policy

At Swipe Garden, protecting your data privacy and security is important to us. We urge you to take a look at our Privacy Policy, which you can find here: http://www.swipegarden.com/privacy-policy/. Please note that your use of Swipe Garden indicates your acceptance of our Privacy Policy, which is incorporated into the Conditions of Use. Since Swipe Garden is located in the United States, any information you provide while using our website will be transferred to the United States. If you are accessing Swipe Garden from another part of the world where laws and regulations governing personal data collection, use, or disclosure are different from those in the United States, please be aware that your data may be transferred to and processed in the United States.

Term And Termination

While using Swipe Garden, it is important to understand that these Terms of Use will remain in effect. We reserve the right to deny access to Swipe Garden to any user, without prior notice, for any reason or no reason at all, including but not limited to a violation of these Terms of Use or any applicable laws or regulations. This may also include blocking specific IP addresses. At any time and without prior notice, we may discontinue your use of Swipe Garden or remove any information or materials that you have submitted.

If we terminate or suspend your account, you are not allowed to register for a new account under your name, a fake name, or the name of a third party, even if you are acting on behalf of that third party. If we do terminate or suspend your account, we reserve the right to take legal action, including civil, criminal, and injunctive measures.

It is important to understand that Swipe Garden is under no obligation to provide notice of any account termination or suspension. It is up to the user to regularly review these Terms of Use to ensure they are in compliance. Failure to comply with these terms may result in termination or suspension of your account, as well as legal action.

Modifications And Interruptions

Swipe Garden’s contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. As a website, we reserve the right to change the information and materials available on our platform at any time without any obligation to update them. This means that some of the information on Swipe Garden may become outdated or inaccurate, and we are not responsible for any reliance placed on such information. Additionally, we may choose to modify or terminate the entire website at any time without prior notice, without being held responsible to you or any other person. This right allows us to maintain control over the website’s features, functionality, and availability to users.

It is important to note that the availability of Swipe Garden is not guaranteed at all times. Like any website, we may experience hardware, software, or other issues that cause disruptions, delays, or mistakes. In such instances, we reserve the right to suspend, stop, change, amend, or otherwise modify Swipe Garden at any time and for any reason without prior notice. This means that the website may become inaccessible, unavailable, or inactive without warning, and we are not responsible for any loss, harm, or inconvenience resulting from your inability to use or access Swipe Garden during these periods. Furthermore, we are not obligated to compensate you or anyone else for any damages or losses resulting from these issues.

It is worth noting that nothing in these Conditions of Use obliges us to provide any updates, releases, or corrections in connection with Swipe Garden, or to maintain and support the website in any way. We may choose to do so at our discretion, but we have no obligation to provide these updates or to continue to support the website beyond our own interest. Therefore, it is essential to recognize that using Swipe Garden is entirely at your own risk, and you agree to release us from any liability or responsibility that may arise from your use of the website or any interruptions or changes made to it.

Governing Law

These Terms of Use and your use of Swipe Garden shall be governed by the laws of the United States, which apply to contracts made and to be fully executed within the United States, regardless of any conflicting laws. This means that any legal disputes or issues that arise in connection with these Terms of Use or your use of Swipe Garden will be subject to the laws of the United States.

Regardless of your location or the location from which you access Swipe Garden, these terms and conditions are binding and enforceable by the laws of the United States. It is important to note that the application of U.S. law may differ from the laws of other countries or regions, and it is your responsibility to ensure that your use of Swipe Garden is in compliance with all applicable laws and regulations. By continuing to use Swipe Garden, you agree to be bound by these Terms of Use and the laws of the United States.

Dispute Resolution

These terms of use dictate that any legal disputes between the user and Swipe Garden will be resolved in the state and federal courts in California. Both parties agree to waive any objections to the jurisdiction and venue of such courts, including defenses of lack of personal jurisdiction and forum non conveniens. It is important to note that these terms of use do not fall under the Uniform Computer Information Transaction Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Products, which may apply to other contracts or transactions.

Corrections

Swipe Garden may have instances of typographical errors, inaccuracies, or omissions that may affect the information on descriptions, prices, availability, or other details. We, as the operators of Swipe Garden, reserve the right to modify or revise the information provided on Swipe Garden at any given time, without prior notice, to address any such errors, inaccuracies, or omissions. This ensures that the information provided on Swipe Garden is as accurate and up-to-date as possible. We strive to maintain the highest level of accuracy on Swipe Garden, and any necessary changes or updates will be made as promptly as possible to ensure that our users are informed correctly.

Disclaimer

The website, Swipe Garden, is provided “as is” and “as available.” By using the website and our services, you acknowledge that you do so at your own risk. We do not make any explicit or implicit warranties in relation to Swipe Garden and your use of it, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permissible by law. We make no warranties or representations about the accuracy or completeness of Swipe Garden’s content or the content of any websites linked to Swipe Garden, and we assume no liability or responsibility for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Swipe Garden, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from Swipe Garden, any bugs, viruses, trojan horses, or the like which may be transmitted to or through Swipe Garden by any third party, and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via Swipe Garden.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Swipe Garden, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations Of Liability

We want to make it clear that we, our directors, employees, or agents will not be liable to you or any third party for any damages that may arise from your use of Swipe Garden, even if we were informed of the possibility of such damages. These damages may include direct, indirect, consequential, exemplary, incidental, special, or punitive damages. Examples of these damages include but are not limited to lost profits, lost revenue, and loss of data. We want to emphasize that our liability is limited and we are not responsible for any damages that may occur as a result of your use of Swipe Garden.

Indemnification

The user promises to protect Swipe Garden, its subsidiaries, affiliates, officers, agents, business partners, and staff members against any losses, damages, responsibilities, claims, or demands made by any third party due to or resulting from the use of Swipe Garden, a breach of these Terms of Use, a breach of the user’s representations and warranties set forth in these Terms of Use, the violation of the rights of a third party, including but not limited to intellectual property rights, or any harmful act towards any other user of Swipe Garden with whom the user connected via Swipe Garden. However, Swipe Garden reserves the right, at the user’s expense, to assume the exclusive defense and control of any matter for which the user is required to indemnify Swipe Garden, and the user agrees to cooperate, at their expense, with Swipe Garden’s defense of such claims. Swipe Garden will use reasonable efforts to notify the user of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

User Data

Swipe Garden want to implement privacy policies to address these concerns and provide users with transparency and control over their data. To maintain the performance and functionality of Swipe Garden, the company collects certain user information, such as browsing history and device information. However, the company also acknowledges the importance of user privacy and takes steps to safeguard their data.

While Swipe Garden backs up user data regularly, users are solely responsible for any data they communicate or activities they conduct on the website. As such, the company cannot be held liable for any loss or corruption of such data. Overall, Swipe Garden strives to strike a balance between data collection for the website’s optimization and the protection of user privacy.

Electronic Communications, Transactions, And Signatures

Electronic communications sent via email, website visits, or online form submissions are considered valid and legally binding. By using Swipe Garden, you agree to receive all necessary agreements, notices, and other communications in electronic form. This includes the use of electronic signatures, contracts, and records of transactions. You also waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws that require a physical signature or non-electronic records. You acknowledge that the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via Swipe Garden is sufficient and fulfills any legal requirements for written communication. This means that you consent to receive electronic communications from us and agree that these electronic communications have the same legal effect as if they were in writing. Additionally, you agree to the use of electronic means for payments or the granting of credits and release us from any liability for any claims arising from the use of electronic communications.

Contact Us

For any questions about the Terms, please contact us at [email protected] for more information.