TERMS OF USE

This Website is owned and operated by Sweat Deck

 

By using this site, you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with these Terms of Usage, please do not use this site. We reserve the right to, at our discretion, to update or revise these Terms of Usage at any time. Please check these Terms of Use periodically as changes may occur.

Sweat Deck trade names, trademarks, logos and service marks belong to Sweat Deck LLC. All other trade names, trademarks, logos or service marks mentioned herein belong to their respective owners.

Sweat Deck hereby authorizes you to view, print, copy and distribute information published by Sweat Deck on this or any other publicly accessed site maintained by Sweat Deck’ web server linked to this Legal Notice and Terms of Use Policy, provided that: (i) the information may be used internally (by you or any third party to whom you distribute it) only for informational purposes; (ii) no fee may be charged for distribution to any third party; and (iii) any copyright or other proprietary notices that appear on the site or any Sweat Deck web page, together with this Legal Notice, must appear on all copies that you make or distribute.

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to this Website without Sweat Deck’s express written consent.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without Sweat Deck’s express written consent.

 

You hereby indemnify Sweat Deck and undertake to keep Sweat Deck indemnified against any losses, damages, costs, liabilities, and expenses including, but not limited to, legal expense and amounts paid by Sweat Deck to a third party in settlement of a claim or dispute on the advice of Sweat Deck legal advisors incurred or suffered by Sweat Deck arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

Access to certain areas of this Website is restricted.  Sweat Deck reserves the right to restrict access to other areas of this website, or indeed this entire Website, at Sweat Deck discretion.

If Sweat Deck provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

Sweat Deck may disable your user ID and password in Sweat Decks’s sole discretion without notice or explanation.

 

Any information, our Perspective, studies, methodologies, software code, photographs, video files, audio files, graphics, processes, technologies or other materials (the “Materials”) published on the Website may be subject to intellectual property rights reserved by Sweat Deck, its subsidiaries or licencors. Your terms of use do not grant you a license hereunder to otherwise use, copy, distribute or transfer the Materials.

If no additional terms are provided on the site or on any Sweat Deck web page, the use of any such Materials is governed by this provision.

All Materials provided via the Website are intended for informational purposes only and are subject to change or withdrawal by Sweat Deck at any time without notice. Sweat Deck assumes no responsibility for the accuracy or completeness of the Materials.

THE MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT WILL SWEAT DECK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE MATERIALS OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SWEAT DECK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Unless expressly provided otherwise by Sweat Deck, all comments, feedback, reviews, information or materials submitted to Sweat Deck through or in association with the website shall be considered non-confidential and Sweat Deck property. By submitting such comments, feedback, reviews, information or materials to Sweat Deck, you agree, at no cost or fee, to assign to Sweat Deck of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Sweat Deck reserves the right to use these statements at it’s discretion.

The Website may contain hyperlinks to other websites controlled by parties other than Sweat Deck. Sweat Deck is not responsible for and does not endorse the contents or use of these websites. The inclusion of such links does not imply the endorsement or support of such websites by Sweat Deck.

Copywritten company names and other copywritten terms used throughout this site may represent trademarks of their respective owners. The fair use of such terms on this Website should not be interpreted as an endorsement by the respective trademark owners.

Without prejudice to Sweat Deck other rights under these terms and conditions, if you breach these terms and conditions in any way, Sweat Deck may take such action as Sweat Deck deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Sweat Deck controls the Website from it’s offices in Seattle, Washington, United States of America. You agree to any legal action, proceeding or other matters relating to your access to or use of the Materials or the site will be governed by U.S. federal law or the laws of the State of Washington. In the event of any legal action arising hereunder, you also agree to submit jurisdiction and venue of any federal or state courts in the State of Washington.

You may not access, download, use or export the Materials in violation of U.S. export laws or regulations or in violation of any applicable local laws or regulations.

If you have any questions concerning legal or other matters described above, contact Sweat Deck legal department at support@mysweatdeck.com.