Kuneri SWFPack

Terms of Service
You must read this Terms of Service agreement before registering, accessing or using the SWFPack web site and consequently by registering as a SWFPack user, you provide that you have read and agreed to SWFPack Terms of Service below.

Acceptance of These Terms of Service


  • We provide you SWFPack (the “Service” or “SWFPack”) free of charge; unless otherwise indicated.
  • We reserve the right to charge fees for or discontinue any part of the Service at any time without prior notification.
  • You agree and understand that if you use SWFPack (visit the web site, use products, services, content, applications or any other features that are available) you are bounded by these Terms of Service, as amended from time to time.
  • You accept that each time you use or access SWFPack; you are responsible of knowing and familiarizing yourself with any changes or modifications to these Terms of Service.
  • We reserve the right to make any change to this Terms of Service without any notice and such changes will take effect immediately and, thus your continued use of the Service shall be construed to indicate your approval thereof.
  • If you do not agree with these Terms of Service, please do not use or access SWFPack; and if you do not agree to any changes we might make in future; please terminate your registeration with SWFPack.

Access

  • You are responsible for any fees or costs to access SWFPack.
  • We have the right to make the Service unavailable at any time

Eligibility and Membership

  • You ensure all information you provide is legally correct and accurate at any moment.
  • SWFPack is intended for an audience that is at a minimum thirteen (13) years of age. In order to use SWFPack you must be at least a 13 years old person and not an automated system.
  • You are responsible of security and confidentiality of your membership information, such as your account credentials.
  • You are responsible of all information posted and any and all acts or omissions occurred by using your account.
  • You ensure that your membership, account or subscription is used only by one person or legal entity, and not shared by any other person or legal entity.
  • You are aware that any information you provide to us or is gathered by us or third parties in connections with your use of the Service are subject to the SWFPack Privacy Policy posted on http://www.swfpack.com/privacy-policy.html, and which is subject to these Terms of Service.
  • You ensure that you do not use the Service for any illegal or unauthorized purposes.
  • You ensure that you do not violate any laws in your jurisdiction (including but not limited to copyright laws).

Cancellation and Termination

  • You can cancel your account any time by contacting us.
  • SWF Pack has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SWFPack service, for any reason at any time, at our sole discretion. Such termination of the Service will result in the deactivation or deletion of your account and/or your access to your Account, and the forfeiture and relinquishment of all content in your account.
  • SWFPack reserves the right to refuse Service to anyone for any reason at any time.
  • If your membership is terminated, you can not create a new account on SWFPack and even after termination all applicable provisions of these Terms of Service remain in effect.

Information / Data Submissions and Website Policies

  • Any information and data in any form (including but not limited to file and text) that you provide when using the Service (”Submissions”) are completely under your responsibility, including any and all consequences that may arise.
  • You guarantee that you own or have secured all rights, licenses, consents, permissions for Submissions and have thus complied with these Terms of Service
  • You may not provide information or create any Submissions infringing upon the rights of any 3rd party.
  • You may not provide any Submissions that contain malicious software which might harm other software or hardware.
  • You may not provide or submit any illegal or false Submissions.
  • You may not provide or submit any Submissions violating the privacy of others.
  • You may not perform or setup any automated system on SWFPack.
  • We do not accept any responsibility or liabilities for any Submissions that might violate these Terms of Service.

Copyright and Content Ownership

  • SWFPack claim no intellectual property rights over your Submissions. Your profile and materials you uploaded remain yours.
  • SWFPack does not pre-screen content, but SWFPack has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.

Disclaimer Of Warranties

  • You understand and agree to use SWFPack at your own risk, without a warranty or whatsoever on an “as is” or “as available” basis.
  • SWFPack, its affiliates or any other related 3rd party disclaim all warranties, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
  • SWFPack is not liable or responsible for any errors, inaccuracies or damages caused by the content or service it provides
  • SWFPack reserves the right to change any and all content, software and other items used or contained at SWFPack and any services and applications offered through the SWFPack site at any time without notice.

Limitation of Liability

IN NO EVENT SHALL SWFPACK OR ITS PARENT CORPORATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF SWFPACK OR ITS PARENT CORPORATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWFPACK OR ITS PARENT CORPORATION FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT SWFPACK OR ITS PARENT CORPORATION IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.

Indemnification

You agree to defend and indemnify and hold SWFPack and its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defence and indemnification obligation will survive the expiry of your subscription in accordance with these Terms of Service to use the Service.

General and Miscellaneous


  • You understand that SWFPack uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SWFPack, or any other SWFPack service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SWFPack.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SWFPack customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your content and Submissions, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by SWFPack) of other SWFPack customers, we reserve the right to immediately disable your account or throttle down your file hosting until you can reduce your bandwidth consumption.
  • SWFPack does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  • The failure of SWFPack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SWFPack and govern your use of the Service, superseding any prior agreements between you and SWFPack (including, but not limited to, any prior versions of the Terms of Service).
  • This Terms of Service shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law rules. All disputes relating to SWFPack and this Terms of Service shall be settled at District Court of Oulu, Finland having the sole jurisdiction.
Last Updated ( Tuesday, 07 October 2008 14:17 )