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Terms Of Use

Introduction

Thanks for choosing SwiBeat (「SwiBeat」, 「we」, 「us」, 「our」). By signing up or otherwise using the SwiBeat, SwiRadio, SwiTube, SwiSound, SwiPlayer, SwiMusic service, websites, and software applications (together, the 「SwiBeat Service」 or 「Service」), or accessing any content or material that is made available by SwiBeat through the Service (the 「Content」) you are entering into a binding contract with the SwiBeat entity indicated at the bottom of this document. The SwiBeat Service also includes the SwiBeat Support Community as further described in the SwiBeat Support Community section.

Your agreement with us includes these Terms and Conditions of Use (「Terms」) and our Privacy Policy. (The Terms and Privacy Policy are referred to together as the 「Agreements」.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on SwiBeat's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the SwiBeat Service or consume any Content.

In order to use the SwiBeat Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian's consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to SwiBeat is true, accurate, and complete, and you agree to keep it that way at all times.

 

Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us via email: swibeat@gmail.com

 

Rights we grant you

The SwiBeat Service and the Content are the property of SwiBeat or SwiBeat's licensors. We grant you a limited, non-exclusive, revocable license to make use of the SwiBeat Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the 「License」). You acknowledge that this License shall remain in effect and will automatically renew on a recurring basis until and unless terminated by you or SwiBeat. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the SwiBeat Service or the Content.

The SwiBeat software applications and the Content are licensed, not sold, to you, and SwiBeat and its licensors retain ownership of all copies of the SwiBeat software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (「Devices」).

All SwiBeat trademarks, service marks, trade names, logos, domain names, and any other features of the SwiBeat brand (「SwiBeat Brand Features」) are the sole property of SwiBeat or its licensors. The Agreements do not grant you any rights to use any SwiBeat Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the SwiBeat Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, SwiBeat grants no right, title, or interest to you in the SwiBeat Service or Content.

 

Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the SwiBeat Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the SwiBeat Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to SwiBeat (e.g. podcasts) may contain advertising as part of the Content. In such cases, SwiBeat will make such Content available to you unmodified.

If you provide feedback, ideas or suggestions to SwiBeat in connection with the SwiBeat Service or Content (「Feedback」), you acknowledge that the Feedback is not confidential and you authorize SwiBeat to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant SwiBeat a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any 「moral rights」 (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

 

User guidelines

SwiBeat respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service, to make sure SwiBeat stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, 「ripping」, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the SwiBeat Service or the Content, or otherwise making any use of the SwiBeat Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the SwiBeat Service or the Content or any part of it;
  • using the SwiBeat Service to import or copy any local files you do not have the legal right to import or copy in this way;
  • transferring copies of cached Content from an authorized Device to any other Device via any means;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the SwiBeat Service, Content or any part thereof unless permitted by applicable law;
  • circumventing any technology used by SwiBeat, its licensors, or any third party to protect the Content or the Service;
  • selling, renting, sublicensing or leasing of any part of the SwiBeat Service or the Content;
  • circumventing any territorial restrictions applied by SwiBeat or it licensors;
  • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the SwiBeat Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  • providing your password to any other person or using any other person's username and password;
  • 「crawling」 the SwiBeat Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from SwiBeat; or
  • selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
  • Please respect SwiBeat, the owners of the Content, and other users of the SwiBeat Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of SwiBeat or a third party;
  • includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • uses automated means to artificially promote content;
  • involves the transmission of unsolicited mass mailings or other forms of spam (「spam」), junk mail, chain letters, or similar, including through the SwiBeat inbox;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by SwiBeat;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by SwiBeat;
  • interferes with or in any way disrupts the SwiBeat Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or SwiBeat's computer systems, network, usage rules, or any of SwiBeat's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
  • conflicts with the Agreements, as determined by SwiBeat.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your SwiBeat account. You also agree that SwiBeat may also reclaim your username for any reason.

Please be thoughtful about how you use the SwiBeat Service and what you share. The SwiBeat Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on SwiBeat or across the web, so please use SwiBeat carefully and be mindful of your account settings. SwiBeat has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

 

Infringement and reporting User Content

SwiBeat respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, contact us through Contact section. If SwiBeat is notified by a copyright holder that any Content infringes a copyright, SwiBeat may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to SwiBeat with a request to restore the removed content.

SwiBeat Service may contain information provided by third party providers or sourced by SwiBeat from other references or sources. The information on Service may not be regarded as any recommendation or endorsement by the SwiBeat, SwiRadio, SwiTube and SwiSound for any purpose with respect to any person, product or service. Views, comments and opinions expressed in the stations, video and music do not represent the views of or any endorsement by SwiBeat Service.

SwiBeat, SwiRadio, SwiTube and SwiSound do not accept any responsibility whatsoever in respect of such information. Any use of and reliance on such information is at your own risk. You are cautioned as to the reliability and accuracy of opinions expressed in these columns.

SwiBeat reserves the right to change classification, remove or disable access to any Content for any or no reason, including but not limited to, User Content that, in SwiBeat’s sole discretion, violates the Agreements. SwiBeat may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Any and all audio, video, music, text, photos, pictures, graphics, comments, and other content, data, information, logo or service marks via the Service (hereinafter "Content") are the property of their respective owners. You must not store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. Any unauthorized use of copyright protected material within Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Service) may constitute an infringement of third party rights and is strictly prohibited.
You hereby expressly acknowledge and agree that you are solely responsible for your use of SwiBeat, SwiRadio, SwiTube and SwiSound.

The Content, including but not limited to, radio stations, videos and music on SwiBeat Service are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly understand and agree that your use of  SwiBeat Service is at your own risk. SwiBeat disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of SwiRadio and you assume total responsibility for your use of SwiBeat Service and any linked sites. Any contents downloaded or otherwise obtained through the use of SwiBeat Service are obtained at your own discretion and risk and that you will be solely responsible for any damage to your device or loss of data that results from the download of such contents. No advice or information, whether oral or written, obtained by you from SwiBeat or through the provision of services of SwiRadio shall create any warranty not expressly stated in these terms and conditions.

Third parties that advertise goods or services on the Service (collectively, “Advertisers”) may also use cookies to track your use of the Service. Advertisers will have their own terms of use and privacy policies which may differ from these Terms. The display of content does not constitute recommendations or an endorsement by us. We have no control over the content of Third Party Sites and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
We advise you to check the privacy policies of these Advertisers for information about their cookie usage and other privacy practices. Advertisers also may use cookies to track your online activities across websites over time to provide interest-based advertising.

If you believe that any Content does not comply with the User guidelines, please fill out our contact form.

 

Service limitations and modifications

SwiBeat will make reasonable efforts to keep the SwiBeat Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, SwiBeat reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SwiBeat Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SwiBeat Service or any function or feature thereof.


You understand, agree, and accept that SwiBeat has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. SwiBeat and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

 

Customer support

For customer support with account-related and payment-related questions (「Customer Support Queries」), please contact us through Contact section of our website. We will use reasonable endeavor s to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

 

Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SWIBEAT SERVICE IS TO UNINSTALL ANY SWIBEAT SOFTWARE AND TO STOP USING THE SWIBEAT SERVICE. WHILE SWIBEAT ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SWIBEAT, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWIBEAT, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SWIBEAT SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SWIBEAT HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SWIBEAT SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SWIBEAT DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the agreements removes or limits SwiBeat's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

 

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and SwiBeat, the Agreements constitute all the terms and conditions agreed upon between you and SwiBeat and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that other aspects of your use of the SwiBeat Service may be governed by additional agreements. That could include, for example, access to the SwiBeat Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on SwiBeat's website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

 

Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by SwiBeat or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive SwiBeat's or the applicable third party beneficiary's right to do so.

 

Assignment

SwiBeat may assign the Agreements or any part of them, and SwiBeat may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

 

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold SwiBeat harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the SwiBeat Service; and (4) your violation of any law or the rights of a third party.

 

Applicable Law

The present Terms are submitted to Taiwanese law.

In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a Taiwanese court and thus even if there are multiple defenders or in case of guarantee enforcement.

 

Contact us

If you have any questions concerning the SwiBeat Service or the Agreements, please contact SwiBeat customer service by visiting the Contact section of our website.

Thank you for reading our Terms. We hope you enjoy SwiBeat!

Last amended: 2016/1/21

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