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TERMS OF USE


Last revised on: April 23, 2013

TERMS OF USE AND PRIVACY POLICY OF THE  WWW.SWAG.COM.MT WEBSITE


1.      Introduction

 

Terms of Use (the “Terms of Use”) will apply to each subscriber ( “You”) who wishes to use the www.swag.com.mt Website (the "Website").

 

This Website is owned and operated by Untangled Media Limited (C 44674) (“Us” “We”), a company registered in Malta.

 

 You must comply and adhere to these Terms of  Use in order to access and use the Website.

 

By using this Website, you accept these Terms and Conditions.

 

2.      Description of Website

 

This Website publishes content which you may read and access. You may also register to receive information from the Website by entering your email address in the box provided.

 

 

3.      Specific Responsibilities of Users

 

You agree not to use the Website for any illegal or immoral purposes.

 

4.      Copyright and Liability

 

The content of this Website and of any emails sent to you by us (together “the Material”) are the copyright of Untangled Media Limited, or its licensors.  You may download, store and use Material for your own personal use.  You may not republish, retransmit, redistribute or otherwise make Material available to any other party or make the same available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without our express prior written consent. Without prejudice to the liability of the foregoing, you may not in any manner make use of the Material for commercial purposes.

 

Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information or Material create any contractual relationship. We give you no warranty and make no representation as to the accuracy, veracity or completeness of any Material and it is therefore your responsibility to investigate and verify the accuracy of any Material prior to making any decision based on the Material.

 

The Website is provided by us on an “AS IS” basis with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.

 

WE ACCEPT NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE SUFFERED BY ANY OF YOU AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE MATERIAL.  BY CONTINUING TO USE THIS WEBSITE YOU ARE DEEMED TO ACCEPT THE ABOVE TERMS AND CONDITIONS.

 

In no event will we be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with your access to, or use of the Website or the Material, whether based in contract, tort and whether negligent or otherwise, even if we have  been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, our aggregate total liability to you for all such damages and losses shall be limited to Euro 100.

 

 

5.        Indemnity and Waiver

 

You agree to indemnify us and keep us indemnified as well as our successors and assigns, and our directors, officers, employees and agents (collectively the "Website Owner") from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the Website and the Material.

 

You agree to waive any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material. 

 

6.      Privacy and Data Protection

 

Your privacy is important to us so we only use the information you provide when using this Website to:

 

  1.  Answer your enquiries or to assist us in improving our service to you;
  2.  To send you information about goods, products, services, activities about which you have elected to receive information.

 

We do not share this information with any third party except to the extent necessary to answer your enquiry if that enquiry requires the involvement of a third party or if we believe that you are involved in any illegal or harmful conduct or if we are required to do so by law or we believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property or that of our customers; (3) prevent fraud; (4) protect against abuse, misuse or unauthorized use of our website; or (5) protect the personal safety or property of our customers or the public.

 

We may transfer our customer database, including personal information contained therein, to a third party who acquires all or substantially all of the assets or stock in our company or our website service whether by merger, acquisition, reorganization or otherwise.

           

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

Links - Our website may from time to time contain links to other websites. Please note that we are not responsible for the privacy practices or the content of such other websites and advise you to read the privacy statements of each website you visit which collects personal information.

 

Cookies - A cookie is an alphanumeric identifier which we transfer to your hard drive through your web browser when you visit our website. It enables our own system to recognise you when you visit our Website again and improve our service to you. Cookies may also be used to compile aggregate information about areas of our Website that are visited most frequently. This traffic information can be used to enhance the content of our website and make your use of it easier. We do not track which pages you looked at while visiting our Website. If you wish to reject our cookie, you can configure your browser to do so.

 

Your Rights - As an individual you may exercise your right to access the data held about you by us by submitting your request in writing to the data controller. Although all reasonable efforts will be made to keep your information updated, you are requested to inform us of any change to your personal data. In any case if you consider that certain information about you is inaccurate, you may request rectification of such data. You also have the right to request the blocking or erasure of data which has been processed unlawfully.

 

Data Controller - The data controller of this website is Untangled Media whose office is situated at 109/3, Gwardamangia Hill, Pieta`, PTA 1313, Malta

 

7.      Modifications; Applicable Law

 

We may modify these Terms of Use at any time, in which case we will notify you by email of the modified Terms of Use.

 

You agree to abide by these Terms of Use and any dispute arising in any way in relation to the Website or the Materials will be governed by and construed in accordance with the applicable laws of Malta. You agree to submit to the exclusive jurisdiction of the Maltese courts.

 

8.      Commenting

 

Users may from time to time be permitted to comment on content published on the Website. In order to do so, Users will be required to register via a third party service provider. Registration with the third party service provider is subject to the terms and conditions set forth by the said third party service provider.

 

Users commenting on the Website shall ensure refrain from posting illegal or offensive material. We reserve the right to moderate all comments. 

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