This is a legally binding contract between you and Swing Debates. Please make sure you read it. We have tried to make it as clear as possible, but we welcome your feedback if you have suggestions or questions. We can be contacted on firstname.lastname@example.org
Swing Debates provides customers with a hosted membership service access to pay walled content and a community space.
The contractual relationship is one between Swing Debates and customer only, and Swing Debates is not a party to, or liable for, the ongoing service obligation between the customer and other website members or visitors. When we say “site,” we mean swingdebates.com and all the services offered through our site. When we say “we,” “us,” or “our,” we mean Swing Debates. When we say “your content” or “content”, we mean any text, sound, videos, files, graphics or other material which you post, upload, protect, or sell on or through the site; similarly, when we say “Swing Debates content,” we mean the copyrightable text, sound, graphics, and other material owned by Swing Debates. And when we say “terms,” we mean these terms of service.
2. Accepting these terms
3. Permitted users
Swing Debates is designed for use by adults. You must be sixteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of sixteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of sixteen, please contact us at email@example.com. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
4. Copyright and intellectual property
We own our stuff and you own yours.
You retain ownership of all content you upload to, or otherwise share on this website. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us.
This license ends when you delete the material or your account (subject to our standard data backups, which we retain for 30 days). At this point you can request removal of any content you have provided on the website, including on the chat servers.
In addition, the site provides features that allow you to share your content to others. There are many things that others may do with that content, including copying it, modifying it, and re-selling it. So, please consider carefully what you choose to share; we take no responsibility for that activity.
Furthermore, you affirmatively agree not to reproduce, publish, or distribute content in connection with the site that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
All Swing Debates content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by United Kingdom and international laws. Use of our content without our express prior written permission is strictly prohibited.
Swing Debates and the Swing Debates logos are trademarks or registered trademarks of Swing Debates Ltd, in the United Kingdom and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
5. Swing Debates rules
As a hosted membership service provider, we rely on Stripe to process your payments, and Stripe restricts certain businesses (“Restricted Businesses”) from using their payment processing service. Stripe defines a Restricted Business on their website and these definitions can be found at the following URL (subject to change): https://stripe.com/restricted-businesses.
You separately and additionally agree you will not engage in the following conduct while using the site:
- Creating or using the site to:
- send spam, chain letters, junk mail, or any other type of unsolicited mass email
- distribute viruses or other harmful, disruptive, or destructive files;
- use or attempt to use another person’s account;
- disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site; or
- attempt to obtain unauthorized access to or at the site;
- Impersonate another person;
- Abuse another person or document their personal data without consent
- Making the site, in whole or in part, available to any other person, entity, or business except as expressly authorized by us;
- Copying, reverse engineering, decompiling, or disassembling any code or functionality of or at the site, in whole or in part, or otherwise attempting to discover the source code to any software used in or at the site; or modifying the site or any associated software or combine the site with any other software or services not provided or approved by us;
- Sharing with any minor any content or materials inappropriate for children, or allowing any minor access to such materials; or
- Systematically harvesting data from the site, or programmatically registering accounts on the site;
You agree that you alone, and not Swing Debates, are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United Kingdom; and that you will comply with all applicable local, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, Swing Debates may, in our sole discretion, ask you to remove any offending material, we may suspend your account indefinitely, or we may immediately limit or terminate your account.
6. Cancelling your account
You can cancel your account at any time by visiting Account → Plans & Billing in your Swing Debates account dashboard. If you like, you may export your data via the API or request an export of your data. Upon cancelling your account, all your data will be immediately and permanently deleted from our servers and the Stripe/Memberful payment provider servers. Offsite backups containing your data will be deleted within 30 days.
7. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
8. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You will not hold Swing Debates responsible for any content that is made available through the site, that is removed, or sought to be removed, from the site. Our site allows customers to view and use downloadable files, at any time, from anywhere, in a variety of pricing formats. We have no control over and do not guarantee the quality, safety or legality of the content removed from our website, the truth or accuracy of said content, the ability of individual to share the content.
Our total cumulative liability to you for any and all claims arising from or in connection with these terms and/or the site (under any legal theory, including without limitation claims in contract or tort) will not exceed the amounts actually paid to us by you in the twelve (12) month period immediately preceding your formal written notice of the claim for liability hereunder. All claims that you may have against Swing Debates will be aggregated to satisfy this limit and multiple and/or subsequent claims will not enlarge this limit.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including solicitors’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defence and control of any matter subject to indemnification by you. The assumption of such defence or control by us, however, shall not excuse any of your indemnity obligations.
10. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time. If we terminate services for any reason, we will not be liable for continuation of services contracted for between you and your members. Depending on the services removed, we may choose to issue refunds but this is not guaranteed.
These terms shall be governed by and construed in accordance with the laws of England in the United Kingdom, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within England and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.
If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent.
These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We take security seriously. This document outlines the measures we take to protect you and your customers when you use Swing Debates.
We do not store any credit card data.
We use SSL everywhere.
We force HTTPS on our website and across our application. This creates a secure connection between client and server and protects all the data transmitted over the connection.
We host in a secure environment.
The Memberful payment gateway runs on AWS (Amazon Web Services) via Heroku. AWS utilizes state-of-the art electronic surveillance and multi-factor access control systems. Data centres are staffed 24×7 by trained security guards, and access is authorized strictly on a least privileged basis. Multiple geographic regions allow them to remain resilient in the face of most failure modes, including natural disasters or system failures.
The Swing Debates website itself is hosted in the United Kingdom. For more information email firstname.lastname@example.org. We take feedback on security seriously and so do feed back any concerns arising.