Terms of Service
Please review these Terms of Service (these “Terms”) before using our website at Slingwave.com (THE “WEBSITE”). By using the Website, you represent and warrant that you have the right, authority, and capacity to agree to and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Website.
1. The Website
The Website is owned and operated by Slingwave, Inc. (“Slingwave,” “we,” “us,” “our,” or similar pronouns). As used in these Terms, the word “Website” also refers to the logos, designs, text, graphics, software, other content, and materials available through the Website (“Content”). Unless explicitly stated otherwise, any new features, functionalities, and/or services that augment or enhance the Website are considered part of the Website and subject to these Terms.
You represent and warrant that: (a) you are 18 years of age or older or, if you are over age 18 but under the age of majority in your jurisdiction, you have the authorization of your parent or legal guardian to use and access the Website and to agree to these Terms; and (b) you will use the Website in accordance with these Terms.
2. Modification of These Terms and/or the Website
If you do not agree with any of these Terms, please do not use the Website. We reserve the right, at our sole discretion, to modify these Terms at any time without further notice to you. The most recent modification date will be noted by the Effective Date at the end of these Terms. We may, at our sole discretion, terminate, change, modify, suspend, make improvements to, and/or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of the Website or access to any part of the Website, at any time with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuance, and/or termination of the Website.
4. License Grant
We grant users a limited, nonexclusive, nontransferable license to access and use the Website strictly in accordance with these Terms. We may terminate this license at any time for any reason. You may use the Website for your own personal, noncommercial use. No part of the Website may be reproduced in any form or incorporated into any information-retrieval system, electronic, mechanical, or otherwise, without our express written permission. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, and/or transfer the Website or any part of it. You may not use any device, software, and/or routine to interfere or attempt to interfere with the proper working of the Website, and you may not take any action that imposes an unreasonable or disproportionately large load on our systems.
5. Proprietary Rights
All ownership rights and title in and to the Website, including all Content, are owned by us and/or our licensors and/or clients and protected under applicable copyright, trademark, and other proprietary rights and international treaties. Except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way the Website, including any Content, without our prior written permission. All rights not expressly granted to you through these Terms are retained by us and our licensors and clients.
Nothing in these Terms grants you any right to use any of our or our clients’ trademarks, service marks, logos, domain names, other indicia of origin, and/or any Content.
6. Ideas or Feedback
In the event you submit any unsolicited ideas, suggestions, proposals, or other materials, or provide any feedback based on the Content or otherwise in relation to the Website, we may use any such ideas, suggestions, proposals, feedback, or other materials without accounting, attribution or compensation to you.
7. Third-Party Applications, Links, and Content
The Website may include links or direct connections to other websites, content, and/or resources made available to you from third parties. For example, the Website may provide direct links to our clients’ websites or certain social-networking services. You acknowledge that we have no control over any such third-party applications, websites, content, and/or resources, which are made available by companies or persons other than us. You acknowledge and agree that we are not responsible for the availability of any such third-party applications, websites, content, and/or resources. You further acknowledge that we are not liable to you for any loss or damage that may be incurred by you as a result of these third-party applications, websites, content, and/or resources.
8. Your Conduct
You agree not to:
1. Upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, and/or destructive files of any kind whatsoever;
2. Use framing techniques to enclose our or our clients’ names, trademarks, logos and/or other proprietary information (including any Content) without our express written consent;
3. Use meta tags or any other “hidden text” utilizing our or our clients’ names, trademarks, logos, and/or other proprietary information (including any Content) without our express written consent;
4. Deep link to the Website without our express written consent;
5. Create and/or submit a job application with a false identity or inaccurate information on or through the Website;
6. Collect or store personal data about others;
7. Attempt to obtain unauthorized access to the Website or any portion of the Website that is restricted from general access;
8. Submit any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law, rule, and/or regulation; or
9. Submit any copyrighted material unless the copyright is owned by you or you have obtained the necessary permissions and licenses from the copyright owner.
In addition, you agree that you will comply with all applicable local, state, national, and/or international laws and regulations that relate to your use of or activities in connection with the Website.
You agree to indemnify and hold harmless Slingwave, our clients, and our and their respective parent companies, affiliates, subsidiaries, licensees, assignees, representatives, officers, directors, members, managers, employees, and agents (the “Slingwave Parties”) from and against any and all losses, claims, damages, expenses, and/or liabilities of any kind (including settlement costs, court costs, and attorneys’ fees) resulting from or in any way, directly or indirectly, connected with your use of the Website or arising from your breach of these Terms. As a part of your indemnification obligations, you agree to indemnify the Slingwave Parties from any claims or suits arising from any materials you provide to us.
10. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR OTHERWISE IN RESPECT OF THE WEBSITE OR THE CONTENT. THE WEBSITE (INCLUDING ALL CONTENT) IS MADE AVAILABLE AS IS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (C) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND/OR VALIDITY OF ANY INFORMATION OR CONTENT YOU RECEIVE IN CONNECTION WITH THE WEBSITE; (E) THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; AND/OR (F) THAT TRANSMISSIONS OF ANY OF YOUR DATA AND/OR INFORMATION WILL BE SECURE.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE (INCLUDING YOUR USE OF ANY CONTENT, APPLICATIONS, WEBSITES, AND/OR ANY GOODS OR SERVICES YOU MAY RECEIVE IN CONNECTION WITH THE WEBSITE AND/OR LINKS CONTAINED WITHIN THE WEBSITE).
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING NEGLIGENCE, SHALL THE SLINGWAVE PARTIES BE LIABLE FOR ANY DAMAGES, CLAIMS, AND/OR LOSSES INCURRED (INCLUDING DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING THOSE ARISING FROM AND/OR IN CONNECTION WITH THE FOLLOWING (EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, AND/OR LOSSES): (A) THE WEBSITE, INCLUDING ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT; (C) ANY THIRD-PARTY APPLICATION, WEBSITE, AND/OR WEBSITE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; AND/OR (E) ERRORS, SYSTEM DOWNTIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, AND/OR ANY OTHER WEBSITE INTERRUPTIONS OR UNAVAILABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SLINGWAVE PARTIES’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU FOR USE OF THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS IS TO DISCONTINUE ANY USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, AND/OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND/OR DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. International Users
The Website is controlled, operated, and administered by us from our offices within the United States. We make no representation that the Website, including any Content, is appropriate or available for use at other locations outside of the United States, and accessing the Website from territories where the Content may be illegal is prohibited. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws, rules, and/or regulations.
13. General Terms
14. Applicable Law and Disputes
These Terms and any dispute arising herein or in connection with the matters contemplated hereby, whether in contract, tort, or otherwise, will be governed in all respects by the internal laws of the State of California, without giving effect to conflict of laws rules to the extent such rules would require or permit the application of the laws of another jurisdiction. You and we both hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, for any actions, suits, or proceedings arising out of or relating to these Terms. You and we both hereby irrevocably and unconditionally waive any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum in any such action, suit, or proceeding and agree not to plead the same. To the extent permitted by law, any cause of action you may have with respect to the Website must be commenced within one year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
If you have any questions or comments regarding the Website, you may contact us here: firstname.lastname@example.org
Effective date: June 20, 2019