Terms of Service

Introduction

The Swift website and all its mobile versions (“Service”) is a hosted service operated by Swift Management AG (“Swift”). Any use of the Service is subject to the following Terms and Conditions of Service (“Terms of Service”), as well as to Swift’s Privacy Policy, all of which are incorporated by reference into these Terms of Service. Your use of the Service will constitute your acceptance of these Terms of Service.

Eligibility

Use of the Service is void where prohibited. The Service is for users of the ages specified per Service area. For children under 13, Swift requires parental consent. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.

Your Account and Data

If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must notify Swift immediately of any unauthorized uses of your data, your account or any other breaches of security. Swift will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Swift may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Service. Swift may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice.

Upgraded Memberships

Users have the option to purchase additional features or functionality for their Swift account (“upgraded membership”). These upgraded memberships may be purchased either by (i) paying a recurring subscription fee; or (ii) pre-payment giving you access for a specific time period (“Pre-Paid Period”). The terms stated below will govern your participation in these programs.

1. Pre-Paid Membership Term: Upgraded memberships purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period.
2. Subscription Cancellation by You: If you have purchased a recurring upgraded membership subscription, you may end your upgraded membership at any time. When you choose to end your upgraded membership subscription, your membership subscription does not renew on the next auto-renewal date. You may continue to enjoy your upgraded membership benefits until that date, after which your account will be automatically downgraded. Information on how to end your subscription can be found here.
3. Cancellation by Us: We may cancel your upgraded membership at any time for any reason, with or without prior notice.
4. Price changes: Swift may change the price for upgraded memberships from time to time. Swift will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for upgraded memberships will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to maintain your Swift upgraded membership after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the upgraded membership prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

Prohibited Content and Activities, and Responsibility of Contributors

If you comment via the discussion boxes, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (referred to collectively as “Content”), you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which Swift stores data. The purpose of the Service is studying, and users are asked to post only study-related Content. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service. Swift reserves the right to investigate and take appropriate legal action against anyone who, in Swift’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the accounts of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Swift:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;

• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains sexually suggestive, excessively violent, or offensive subject matter;
• solicits personal information from anyone under 18 years old;
• publicly posts information that poses or creates a privacy or security risk to any person;
• includes information about another person that you have posted without that person’s consent;
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
• contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
• contains or promotes an illegal or unauthorized copy of another person’s copyrighted work;
• solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
• involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
• furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• involves commercial activities and/or sales without prior written consent from Swift, such as contests, sweepstakes, bartering, advertising, or pyramid schemes.

The following are examples of the kind of activity that is illegal or prohibited on the Service. Swift reserves the right to investigate and take appropriate legal action against anyone who, in Swift’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
• impersonating or attempting to impersonate another user, person or entity;
• using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
• using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
• any automated use of the system, such as, but not limited to, using scripts to create or post Content;
• interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
• displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
• reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
• using the Service in a manner inconsistent with any and all applicable laws and regulations.

By making Content available, you represent and warrant that:

1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
• the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Swift or otherwise.

By submitting Content to Swift for inclusion on the Service, you grant Swift a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (existing or subsequently developed). Such additional uses by Swift, or other companies or individuals who partner with Swift, may be made with no compensation paid to you with respect to the Content that you submit, post, or otherwise make available through the Service. If you use Swift’s Embed Function on your website, you may not modify, build upon, or block any functionality or portion thereof, including but not limited to links back to the Swift website.

Responsibility of Service Visitors

Swift has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Swift does not represent or imply that it endorses the material posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical inaccuracies, typographical mistakes, and other errors may be present. The Service may also contain material that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. Swift disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content posted thereon.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which Swift links, and which link to Swift. Swift does not have any control over those third party websites and webpages, and is not responsible for their content or your use thereof. By linking to a third party website or webpage, Swift does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. Swift disclaims any responsibility for any harm resulting from your use of third party websites and webpages.

Copyright Infringement and DMCA Policy

As Swift asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Swift violates your copyright, you are encouraged to notify Swift in accordance with Swift’s Digital Millennium Copyright Act (“DMCA”) Policy. Swift will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Swift or others, Swift may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, Swift will be under no obligation to provide a refund of any amounts previously paid to Swift.

Trademarks

Swift Management AG, swift.ch, the Swift logo, and all other trademarks, service marks, graphics and logos used in connection with Swift, or the Service are trademarks or registered trademarks of Swift or Swift’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Swift or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.

Changes

The Service, including without limitation all content there available and these Terms of Service, may be changed at the sole discretion of Swift and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.

Limitation of warranties of Swift, its suppliers and its licensors

Except as otherwise expressly stated, all content posted to or available from the Service is provided “as is”, and Swift, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk, and that Swift, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download such Content or the use of the Service. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of liability of Swift, its suppliers and its licensors

Except as otherwise expressly stated, in no circumstance will Swift, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Swift, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Swift, its suppliers and its licensors arising from, or related to, use of the Service, or the contents thereof, or of any hyperlinked website, exceed the amounts actually paid by you to Swift during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this section, Section 10, represents a reasonable allocation of risk.

General Representation and Warranty

You represent and warrant that your use of the Service will be in accordance with Swift’s Privacy Policy, with these Terms of Service, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

Indemnification

You agree to defend, indemnify and hold harmless Swift, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.

Miscellaneous

These Terms of Service constitute the entire agreement between Swift and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Swift, or by the posting by Swift of a revised version. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of Basel, Switzerland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Basel, Switzerland. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms. Swift may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Contacting us

If you have any questions about this document, the practices of this site, or your dealings with this site, please contact us at: Swift Management AG | Feldbergstrasse 42  | 4057 Basel Switzerland | +41 61 3855555 | info@swift.ch | https://www.swift.ch This document was last updated on May 25, 2018