SWIMOVATE LTD IS THE DEVELOPER OF THE POOLMATE APP WHICH TRANSFERS SWIM DATA FROM A POOLMATE WATCH TO MYPOOLMATE.COM (THE “SITE”)
USE OF THE SITE
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Swimovate. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Swimovate. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes: • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity • Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation • Attempting to interfere in any way with the Site’s or Swimovate’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
REGISTRATION AND PASSWORDS
ADDITIONAL TERMS AND CONDITIONS
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of Swimovate or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the App. Swimovate and Poolmate are registered trademarks. All of our Site’s content are Copyright 2015 Swimovate Ltd. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Swimovate Ltd.
By submitting or posting any materials or content on the Site, including but not limited to, swim data, you grant Swimovate a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Swimovate the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images or swim data) to which you do not have the full right to grant Swimovate the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Swimovate will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
PRODUCT INFORMATION; LIMITATION ON QUANTITIES
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit any offers and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site or the App will be available.
You agree to indemnify Swimovate liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms.
LIMITATION OF LIABILITY
Swimovate excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site ; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. Swimovate will not be liable to you over the entire period of your use of the Site for any; (a)death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
WAIVER; REMEDIES; VARIATIONS, ENTIRE AGREEMENT
The failure of Swimovate to partially or fully exercise any rights or the waiver of Swimovate of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Swimovate or be deemed a waiver by Swimovate of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Swimovate under these Terms and any other applicable agreement between you and Swimovate shall be cumulative, and the exercise of any such right or remedy shall not limit Swimovate’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
The operation of our Site, App and Contracts for the purchase of Goods through our Site and App are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Should you have any questions regarding these terms you may contact us at email@example.com.