APPLICATION USER AGREEMENT FOR SWYPATUNE SOFTWARE

By entering and participating in the SwypatuneApp (also hereafter referred to as Chat Room)you agree to the following terms and conditions of participation. These terms and conditions are contractually binding upon you and you agree to each of them.

1. You enter and participate in the Chat Room and gain access to the materials contained thereon at your own risk.
2. We do not monitor or screen communications on the Chat Room and we are not responsible for any material that any Chat Room participant posts and we do not assume the responsibility to do so.
3. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted or through the Chat Room. You agree and acknowledge that you assume the risk of action you take in reliance upon the information that may be contained in the Chat Room.
4. We do not endorse or lend credence for any statements that are made by any participant in the Chat Room.
5. You are fully responsible for your own statements and materials that you post in the Chat Room and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
6. Any opinions or views expressed by Chat Room participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statement or opinions.
7. In the event that we are notified by any party that any communications contained in the Chat Room or any parties participation in the Chat Room is contrary to these terms of Chat Room access, we may, but not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from the Chat Room . We have no liability or responsibility to investigate or remove any content from the Chat Room based upon a complaint or otherwise.
8. As a participant in the Chat Room, you agree that the we may remove any materials from the Chat Room for any reason, in our sole discretion, or for no reason at all. This includes materials that is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from the Chat Room or from the discontinuance of the Chat Room at any time.
9. We have the right to remove, expel, or disqualify any party from participation and access to the Chat Room for any time or for any reason, or for no reason whatsoever, in our sole and absolute discretion . This Includes but is not limited to any violation of this agreement,disruptive behaviour, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
10. We reserve the right to terminate the Chat Room at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands,liabilities, actions, causes of action, injuries that may result therefrom, including but not limited to any consequential, incidental and special damages of every nature and type.
11. You agree that you will not (i) use the Chat Room for any illegal purpose, (ii) place any material in the Chat Room that violates the copyrights, trademarks, trade secrets , confidential information or other rights of any other party, (iii) place any material in the Chat Room that contains a false statement about any person, infringes upon the privacy rights of any other person, threatens, harasses, abuse or embarrasses any other person , (iv) place any obscene, pornographic,sexually explicit or violent  materials, graphics, photographs, text or otherwise in the Chat Room (v) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the Chat Room, (vi) pretend to be another person that you know you are not, (vii) place materials in the Chat Room that are disruptive or off –topic.
12. By accessing the Chat Room and placing any information in the Chat Room , you hereby grants us a perpetual, irrevocable, royalty free license in and to such materials including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of , modify , amend, enhance, change, display and publicly perform such materials in any form or media whether now known or later discovered .
13. You grant to others who access the Chat Room a perpetual,non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party accessing the Chat Room.

FREEWARE LICENSE TERMS

Our website and apps may contain certain downloadable software  that does not require payment of any license fee. The copyright owner and Licensor or the software that you downloaded through this site is indicated in the accompanying read- me- file and in the area of the website from which the software is downloaded. This Freeware  License is a binding legal agreement between the individual who downloads the software (you) and the Licensor.

THIS SOFTWARE IS COPYRIGHTED AND THE OWNER OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS FREEWARE LICENSE.

Even though a license fee is not paid for use of Swypatune it does not paid for the use of Swypatune, it does not mean that there are no conditions for using such Freeware. As a condition for granting you a license to use Swypatune programs that are available through this site, you agree to all the following terms and conditions upon executing a download of Swypatune.

If you fail to abide by any of the terms and conditions set forth herein, your license to use Swypatune shall be immediately and automatically revoked, without any notice or other action by the Copyright Owner.

TERMS AND CONDITIONS

 Background

1. You are granted a non-exclusive license to use SWYPATUNE subject to your compliance with allof the terms and conditions of this Freeware License.
2. You may only use the software on a single computer that you own, lease or control. You may make one backup copy of the software for own use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices.
3. You are only granted a license for the machine-readable, object code portion of the software. You will not modify, enhance, reverse engineer or otherwise alter the software from its current state.
4. You may not use the software for multiple users or on a local area network without written consent from the Licensor.
5. You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge,lease or grant any further rights to use the software.
6. You will not have any proprietary rights in and to the software. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.
7. Your license to use the software shall be revocable by the Licensor upon written notice to you. This License shall automatically terminate upon your violation of the terms hereof or upon your use of the software beyond the scope of the license provided herein.
8. Use within the scope of this license is free of charge and no royalty or licensing fees shall be payable by you. Use beyond the scope of the license shall be constitute copyright infringement.
9. This license shall be effective and bind you upon your downloading of the software.
10. You accept the software on an “AS IS “and with all faults basis. no representations and warranties are made to you regarding any aspect of the software.
11. THE LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED INCIDENTAL , CONSEQUENTIAL, OR SPECIAL DAMAGES.
12. This Freeware License shall be interpreted under the laws of Federal Republic of Nigeria. You agree that all controversies pertaining to the software and /or this  Freeware Agreement shall be brought in the courts of Federal Republic of Nigeria. You hereby submit to the jurisdictions of such courts. However, Federal Courts located in Nigeria shall have jurisdiction over copyright claims brought by the Licensor and you hereby submit to the jurisdiction of the Federal High Court Located in Lagos State of Nigeria.
13. However, no court shall assume jurisdiction over any controversies regarding this software if such dispute has not been submitted to arbitration for possible resolution. You hereby agree to be bound by the final decision of an arbitral tribunal as if it was the final decision of the court of competence jurisdiction.
14. Licensor’s failure to enforce any rights hereunder or its copyright in the Software shall not be construed as amending this agreement or waving any of Licensor’s rights hereunder or under any provision of state or federal law.

Addendum on Unacceptable Content and Contributions

We will take action to prevent the use of contributions and comments from users that include but are not limited to the following:

1.    Abusive, vulgar, obscene, racist, threatening, or harassing comments or content.  
2.    Libel, slander, or personal attacks of any kind, including the use of offensive terms that target specific individuals or groups.
3.    Spam, including content that promotes products or services or contains gratuitous links (references to other Swypatune pages or related websites are acceptable). 
4.    Makes unsupported accusations. 
5.    Comments that suggest or encourage illegal, dangerous, or destructive activity.
6.    Pornography, nudity, implied nudity or any suggestions of same.

Please note: All reported comments will be investigated and acted upon within 24hrs. If user is found to have violated our comments policies as contained in the terms and conditions, action will be taken. Depending on the severity of the violation, a user may be suspended or banned. Minor/first-time violations may attract a warning or caution. We reserve the sole right to determine the severity of the violation and the action required.