The website located at www.swypeon.com (the "Site") and the Swype On mobile application are copyrighted work belonging to Swype On Pte Ltd (“Swype On", "us", "our", and "we"). Swype On Pte Ltd provides a mobile application (the "App", and collectively with the Site and all services provided through the Site and App, the "Services") that allows businesses to deliver advertisements to the App user's smartphone lock screen ("Advertisement") and compensates users with money (“Keys”) which can be redeemed by direct credit to a Malaysian Bank Account. Advertisements are defined as Banner Advertisements or video Advertisements, with each classification of Advertisement subject to specific conditions. Certain features of the Services, may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1. Account Creation. In order to use certain features of the Site and the App (e.g., to use the Services), you must register for an account with Swype On Pte Ltd (“Swype On Account") and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will provide us updates and maintain the accuracy of such information. You may delete your Swype On Account at any time, for any reason, by following the instructions within the Services. Swype On Pte Ltd may suspend or terminate your Swype On Account in accordance with Section 13 in USER INFORMATION.
2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Swype On Account login information and are fully responsible for all activities that occur under your Swype On Account. You agree to immediately notify Swype On Pte Ltd of any unauthorized use, or suspected unauthorized use of your Swype On Account or any other breach of security. Swype On Pte Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Account Limitations. The Services are only available for use in Malaysia. All usage outside of Malaysia is not eligible to redeem Keys Money.
4. Advertisements on your lock screen. When you download the App, Swype On Pte Ltd will display Advertisements on the lock screen of your mobile phone. By moving the Swype symbol to the engagement (left), you may earn Keys. Each time you earn Keys from an Advertisement, we place the keys in your Swype On Account (“Swype On Wallet”) at the end of the day where the Advertisement is displayed. Some of the Advertisements may be subject to additional terms and you agree to abide by those terms. The determination of which Advertisements you will see, whether you have earned any Keys and which products and services you may receive by redeeming your Keys will be made entirely by us – and we do not guarantee that you will receive any Advertisements or Keys.
5. Redeeming Keys. After the accrued Keys in an individual’s Swype On Wallet is equal to or greater than the value of MYR$50, and when the cash out screen within the Services (the "Cash Out Screen") becomes available within the services, you can go to the Cash Out Screen and redeem. Keys can be redeemed by direct credit transfer to Malaysian Bank Account, and / or to a PayPal Account (when and if available within the Services). A bank fee of MYR$1.00 will apply to all cash outs to your bank account. This bank fee will be deducted from your total cash out amount. While we reserve the right to modify the way that you can redeem Keys, as of the Effective Date of this Agreement, you can redeem your Keys by going to the part of the Services called the Cash Out Screen at the times when the Cash Out Screen becomes available as stated above. The Keys remain the property of Swype On Pte Ltd, not you, at all times prior to the time that you successfully redeem your Keys through the Services. We may elect to invalidate any Keys at our discretion and if we do so, you will no longer be able to redeem the Keys.
6. Taxes. Swype On Pte Ltd complies with all tax reporting requirements. If the money distributed from your Swype On Account exceeds applicable reporting requirements, we will report the distributions as income to the appropriate taxing authorities. You will be solely responsible for any and all tax liability arising out of your receipt of money from your Swype On Account.
7. Privacy. We respect your privacy and, under most circumstances, will not pass on your personal details to third parties.
INTELLECTUAL PROPERTY; SUSPENSION
1. License. Subject to the terms of this Agreement, Swype On Pte Ltd grants you a non-transferable, non-exclusive, license to use the Services for your personal, noncommercial use.
2. Certain Restrictions.We reserve the right to restrict access to the Services in any way, including the right to limit the number and type of Advertisements that are delivered to you through the Services. In addition, the rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content may not be removed, obscured or modified.
3. Modification. Swype On Pte Ltd reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Swype On Pte Ltd will not be liable to you or to any third party for any modification, suspension, or discontinuance of Services or any part thereof.
4. No Support or Maintenance. You acknowledge and agree that Swype On Pte Ltd will have no obligation to provide you with any support or maintenance in connection with the Services.
5. Ownership. Excluding your User Information (defined in USER INFORMATION), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services are owned by Swype On Pte Ltd. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Swype On Pte Ltd and its suppliers reserve all rights not granted in this Agreement.
1. User Information. "User Information" means any and all information that a user submits to, or uses with, the Services (e.g., content in the user's profile). You are solely responsible for your User Information. You assume all risks associated with use of your User Information, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Information that makes you or any third party personally identifiable. You hereby represent and warrant that your User Information does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Information is in any way provided, sponsored or endorsed by Swype On Pte Ltd. Because you alone are responsible for your User Information (and not Swype On Pte Ltd), you may expose yourself to liability if, for example, your User Information violates the Acceptable Use Policy. Swype On Pte Ltd is not obligated to backup any User Information and User Information may be deleted at anytime. You are solely responsible for creating backup copies of your User Information if you desire.
2. License. You hereby grant, and you represent and warrant that you have the right to grant, to Swype On Pte Ltd an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Information, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Information in the Site, the App, and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Information.
3. Acceptable Use Policy. The following sets forth Swype On Pte Ltd 's "Acceptable Use Policy": (a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Information (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b) In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (vi) harass or interfere with another user's use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
4. Enforcement. We reserve the right (but have no obligation) to review any User Information, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Information, terminating your Swype On Pte Ltd Account, and/or reporting you to law enforcement authorities.
5. Feedback. If you provide Swype On Pte Ltd any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Swype On Pte Ltd all rights in the Feedback and agree that Swype On Pte Ltd will have the right to use such Feedback and related information in any manner it deems appropriate. Swype On Pte Ltd will treat any Feedback you provide to Swype On Pte Ltd as non-confidential and non-proprietary. You agree that you will not submit to Swype On Pte Ltd any information or ideas that you consider to be confidential or proprietary.
6. Payment. You agree to pay all fees or charges to your Swype On Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. As part of the Services, through the Swype On Pte Ltd, you may be able to cash out Keys to a Malaysian bank account and / or through your PayPal account. When redeeming Keys through the specified methods, you may be required to provide us with valid information about your bank account ("Payment Provider") or with valid information about your PayPal account (“Third Party Provider”). Your Payment Provider agreement governs your use of the bank account, and you must refer to that agreement and not these Terms to determine your rights and liabilities. By providing us with your bank account and associated payment information, you agree that we are authorized to immediately invoice you for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your bank account information used for payment hereunder. Your Third Party Provider agreement governs your use of your Swype On Keys through the Third Party Provider and you must refer to that agreement and not these terms to determine your rights and liabilities. We reserve the right at any time to change our prices and billing methods upon notice.
7. Indemnity. You agree to indemnify and hold Swype On Pte Ltd (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. Swype On Pte Ltd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Swype On Pte Ltd. Swype On Pte Ltd will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Third Party Sites & Advertisements. The Services, including the App, may contain Advertisements and contain links and / or opportunities to exchange Keys for goods offered through third party websites and services (collectively, "Advertisements and Third Party Sites"). Such Advertisements and Third Party Sites are not under the control of Swype On Pte Ltd and Swype On Pte Ltd is not responsible for any Advertisements, Third Party Sites or any products or services promoted or purchases made in or on the Advertisements and Third Party Sites. Swype On Pte Ltd provides these Advertisements and access to Third Party Sites only as a convenience and does not warrant or make any representations with respect to the Advertisements and Third Party Sites. You use all the Advertisements and Third Party Sites, and the products and services promoted in or on the Advertisements and Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Advertisements and Third Party Sites. Swype On Pte Ltd is not responsible or liable for any purchases, data, information or services offered through any Third Party Sites using Keys earned through the App, or for any delays, interruptions or errors in the provision of such purchases, data, information or services offered through Third Party Sites. The applicable Third Party’s terms and policies apply to all purchases.
9. Other Users. Each user is solely responsible for any and all of its User Information. Because we do not control User Information, you acknowledge and agree that we are not responsible for any User Information and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Information, and we assume no responsibility for any User Information. Your interactions with other Service users are solely between you and such user. You agree that Swype On Media will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
10. Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Advertisements and Third Party Sites.
11. DISCLAIMERS: THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, OR SECURE. WE DO NOT WARRANT AND SPECIFICALLY DISCLAIM THAT YOU WILL RECEIVE ANY KEYS, BE ABLE TO REDEEM YOUR KEYS AND / OR ANY LIABILITY ASSOCIATED WITH ANY PRODUCTS OR SERVICES THAT YOU RECEIVE (OR FAIL TO RECEIVE) IN CONNECTION WITH THE SERVICES AND / OR THE REDEMPTION OF KEYS. WE FURTHER DISCLAIM THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE.
12. LIMITATION ON LIABILITY: IN NO EVENT WILL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: THE VALUE OF ANY KEYS THAT YOU HAVE REDEEMED IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE CLAIM (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
13. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Swype On Pte Ltd Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Swype On Pte Ltd Account and right to access and use the Services will terminate immediately. You understand that any termination of your Swype On Pte Ltd Account involves deletion of your User Information associated therewith from our live databases. Swype On Pte Ltd will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Swype On Pte Ltd Account or deletion of your User Information. As noted above, in the event of any termination of this Agreement, we may invalidate your Keys.
14. Contact Information: [email protected]