Terms of use

Last updated: 26 January, 2024


1. ABOUT THESE TERMS OF USE

These Terms of Use (“Terms”) is a legal agreement between you and swatchbook, inc (“swatchbook”, “we” or “us” ).

By visiting remix.swatchbook.us and any other site or online service that is owned or operated by swatchbook (each, a “Site” and collectively, the “Sites”), using mobile applications and games published by swatchbook (each, an “App” and collectively, the “Apps”), or otherwise access any of our other products, services or content (collectively, Sites and Apps are referred to as the “Services”), you agree to and accept the Terms which we may update from time to time. Your use of our Services is also subject to our Privacy Policy (which is part of the Terms) which covers how we collect, use, share and store your personal data.

By downloading, installing, using or otherwise accessing the Services, you agree to the Terms. If you do not agree to the Terms please do not download, install, use or otherwise access the Services. Use of the Services is void where prohibited.

Our Apps download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms. In case you download/purchase the Apps through an online store such as Apple App Store, Google Play Store etc. (“Online Store”), please review the terms and conditions of the owner of that particular Online Store which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.

You can find the latest updated version of the Terms at any time at our Site https://remix.swatchbook.us/terms.html

The Services may contain specific rules, controls and guidelines, which can be found within the Services themselves and which are related to the use of the Services. Such rules, controls and guidelines form a part of the Terms and you agree that you will comply with them.


2. CHANGES AND SEVERABILITY

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time by posting the amended Terms. If there is a significant content change, we will  provide at least 10 days notice within the Services before the changes become effective. Each time you access our Services, the current version of the Terms applies. If you continue to use the Services after the changes are posted you agree that the changes apply to your continued use of the Services.
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If any portion of the Terms is deemed to be illegal or unenforceable the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.


3. REQUIREMENTS TO USE

swatchbook reserves the right, in our sole discretion and at any time, to discontinue or modify our Services or any part thereof or remove or edit Content (as defined below), without prior notice either permanently or temporarily, at which point your right to use those Services or any part thereof will be automatically terminated or suspended.

The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help to protect your personal data against unauthorized access or disclosure, however, we may not guarantee that your personal data or private communications will always remain private when using our Services. You accept all responsibility for such security risks and any damage that may result therefrom. It is also your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc.) in order to secure your device from any unauthorized access.

Any download of our Apps and use of our Services shall be in compliance with all relevant international, U.N., USA or EU sales, export or import restrictions and regulations and you agree to comply with them. You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed in any U.S. Government or EU sanction list of prohibited or restricted parties and you comply with relevant U.S. Government and EU sanctions and embargoes; and (iii) you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations, when using the Services.


4. USER ACCOUNT
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To access or use features of some of our Services, you may be required to register by signing in via a third-party tool (such as Sign-In with Apple or Google Sign-In) (“Third-Party Tool”). To create an Account, you may be required to provide details and select a password or to otherwise allow us to access your information through a Third-Party Tool. Please note that Third-Party Tools are governed by their own privacy policies, terms and end-user agreements and we are not responsible for and have no control over the business and privacy practices of such Third-Party Tools. Please review Third-Party Tools privacy policies, terms and end-user agreements before signing into our Services via a Third-Party Tool.


5. PURCHASES INSIDE THE SERVICES
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When you make in-app purchases (including purchases of subscriptions or  Virtual Items in the Services), the payment for such purchases will be processed directly by the owner of the Online Store. Since you download the Apps from the Online Store owner please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds before authorizing the purchase from the Online Store. Thus, if you have any payment related issues (including cancellation or refund requests), then you will need to contact the respective Online Store owner directly.

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6. VIRTUAL ITEMS
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In the course of using the Service you may win, earn or alternatively purchase with real money certain game credits, prizes, virtual coins, tokens, points, hearts and other virtual in-game items (collectively “Virtual Items”).
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When purchasing Virtual Items, you agree to pay us the applicable charges for your purchase, including applicable taxes, through the applicable Online Store. Your purchase will be fulfilled only if your payment transaction with the applicable Online Store or payment processing partner is successful.
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Please note that you only purchase a limited, revocable, non-transferable license for personal use of Virtual Items in the Services. Virtual Items are not “sold” to you. You agree that you do not own any Virtual Items that you obtained through the Services, regardless of whether you earned those Virtual Items or purchased them.
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You are not allowed to exchange Virtual Items with us or with anyone else for real money (traditional currency, any other open digital currency), goods, other items, or services of monetary value. Unless expressly authorized in the Services, you shall not transfer Virtual Items outside the Services to any third party, for example by selling, gifting or trading them in the “real world”. Any such transfer or attempted transfer is prohibited and void.
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We retain the right to manage, regulate, control, modify or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. We may selectively remove or revoke your license to use Virtual Items in the Services without notice at our sole discretion.
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You are not obligated, at any time, to purchase any Virtual Items. Your purchase of Virtual Items is final and is not refundable, transferrable or exchangeable, except in swatchbook’s sole discretion or when required by applicable law.
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Please note that if you request your personal data to be erased as specified in our Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items, as we will no longer be able to associate such Virtual Items with you.
YOU ACKNOWLEDGE THAT SWATCHBOOK IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE OUR SERVICES.

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7. OWNERSHIP AND LICENSE
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Our Services are comprised of works and intellectual property owned by swatchbook and/or its licensors, including without limitation: games, titles, computer code, themes, objects, characters, stories, dialogue, artwork, graphics, images, digital materials, environments, colors, digital garments, 3D products, digital outfits, animations, audio-visual effects, screen shots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, virtual currency and virtual items and the compilation of the foregoing (“Content”).
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Under the Terms we grant you a non-exclusive, personal, limited, revocable and non-transferable license to use our Services, provided you agree to comply with the Terms. The Content in our Services are for your non-commercial enjoyment and entertainment. Any other use, including modification, reproduction, uploading, posting, transmission, distribution, sale, rent, lease, display, performance, broadcast, sublicense, assignment or other making available of any rights to the Content or any portions thereof to third parties in any form or by any means without our prior written permission, is strictly prohibited.
You may not remove any proprietary notices or labels on the Content or use the Content in any unlawful or infringing manner. Any bypass, modification, defeat or circumvention of the Digital Rights Management solution (“DRM”) used for protection of the Content is strictly prohibited.
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You are not granted any other right, title or interest in our Services or any Content except as expressly provided herein. All other rights are reserved.
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Notwithstanding the Terms, the software is licensed to you subject to the terms and conditions of the respective software license agreements accompanying such open source software.
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You agree that you will not: (i) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (ii) access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to swatchbook; (iii) disrupt or interfere with the security of, or otherwise cause harm to the Services, servers or networks that host the Services; (iv) violate the intellectual property of other rights of any party, including swatchbook; (v) sell, license or exploit the Services for any commercial purposes; and (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services.
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IF YOU HAVE BEEN FOUND IN VIOLATION OF THE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCESS TO SERVICES OR ANY PORTION THEREOF. IF THIS HAPPENS, SWATCHBOOK IS NOT REQUIRED TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS, TO THE EXTENT PERMITTED BY LAW. IN ADDITION, YOU MAY BE FOUND TO BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, INCLUDING SWATCHBOOK’S INTELLECTUAL PROPERTY RIGHTS.

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8. USER GENERATED CONTENT
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In certain areas of the Services or otherwise, you may be able to chat with other users, and submit texts, files, 3D products, images, photos, videos, sounds, musical works, works of authorship, text postings and other materials and content (“User Generated Content” or “UGC”). Your posting of UGC is subject to the Terms and the following posting rules (“Posting Rules”):
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A. YOU AGREE THAT YOUR UGC IS:
‍i. Accurate;
ii. Not confidential;
iii. Not in violation of law;
iv. Not in violation of contractual restrictions or third party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC;
v. Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;
vi. Not for commercial purposes or business solicitations and;
vii. Free of viruses, corrupting files, interference, cheat software, worms or other malicious code.
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B. RESPONSIBILITY OF POSTINGS
You understand and acknowledge that UGC is solely your responsibility, and that swatchbook is not responsible for the information, data, text or other materials that may appear in UGC. Opinions expressed in UGC do not reflect the opinions of swatchbook. UGC is not necessarily reviewed by swatchbook prior to posting and swatchbook makes no warranties, express or implied, as to the UGC or to the accuracy and reliability of the UGC.
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C. NO MONITORING/VIOLATION NOTICES
You acknowledge that swatchbook has no obligation to monitor and takes no responsibility for any UGC posted, transmitted, or communicated to or within the Services. Notwithstanding the foregoing, you further agree that swatchbook and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via the Services.
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D. OBJECTIONABLE CONTENT
You shall not post, upload or submit to the Services any UGC that violates these Terms or that contains or links to Objectionable Content. “Objectionable Content” means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist; (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law; (iv) harmful to minors in any way; (v) libelous or defamatory; (vi) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vii) software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

YOU UNDERSTAND AND AGREE THAT SWATCHBOOK MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF SWATCHBOOK DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER REASON. SWATCHBOOK ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR SERVICES AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES.
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9. OWNERSHIP AND LICENSE OF UGC

After posting your UGC on or through the Services, you continue to retain all ownership rights in such UGC, and you continue to have the right to use your UGC in any way you choose, subject to the Terms and the license described herein (“UGC License”).
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A. SCOPE OF LICENSE
By displaying, publishing, or otherwise posting any UGC on or through the Services, you hereby grant to swatchbook as well as other subscribers to the Services, as determined by us, the non-exclusive, irrevocable, worldwide, royalty free license to edit, adapt, publish, modify, reproduce, distribute, publicly display and use your UGC and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purposes directly related to the Services, in perpetuity, without any payment to you. To the extent allowed by applicable laws, you agree to waive any moral rights you may have in Feedback (e.g. the right to be identified as the author of Feedback or the right to object to a certain use of Feedback). Any UGC you submit on or through the Services will be considered non-confidential and non-proprietary. If you have any idea or information that you would like to keep confidential and/or do not want others to use, please refrain from posting it.
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B. REPRESENTATIONS
You represent and warrant that: (i) you solely own the UGC displayed, published or posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and (ii) the displaying, publishing or posting of your UGC does not violate infringe on the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or the privacy rights, publicity rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any UGC displayed, published or posted by you to the Services. Except for your UGC, you may not edit, adapt, publish, reproduce, distribute, publicly display and use any UGC appearing on the Services.
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10. USER FEEDBACK

You may, at your sole discretion, provide us with suggestions, comments or feedback with respect to the Services (collectively “Feedback”). You represent and warrant that you shall not provide us with Feedback that contains Objectionable Content or infringes upon third party’s rights. If you provide Feedback to us, you hereby grant to swatchbook a non-exclusive, worldwide, royalty-free license to use such Feedback and related information in any manner that it deems appropriate. swatchbook will treat any Feedback you provide as non-confidential and non-proprietary. To the extent allowed by applicable laws, you agree to waive any moral rights you may have in Feedback.
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11. LINKS TO THIRD PARTIES

Our Services may feature advertisements from third-party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.
Any content, advertising or services by such third parties are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third parties before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. swatchbook is not liable for any claim relating to any content, goods or services, business practices or privacy policies of third parties, including for how they collect, use or share information they get from you.
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12. INDEMNIFICATION
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TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SWATCHBOOK, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THE TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF SWATCHBOOK.
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13. WARRANTY DISCLAIMER
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THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, SWATCHBOOK, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, SWATCHBOOK MAKES NO WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

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14. LIMITATIONS OF LIABILITY
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UNDER NO CIRCUMSTANCES WILL SWATCHBOOK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, BREACH OF CONTRACT, UNAUTHORIZED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THE TERMS OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE SERVICES UNDER THE TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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15. WAIVER OF OUR RIGHTS
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Our failure to exercise or enforce any of our rights under the Terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.

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16. TERMS, TERMINATION AND SURVIVAL
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A. TERM
The term of this agreement commences on the date you first indicate your acceptance of the Terms and will continue in effect until otherwise terminated in accordance with the Terms. swatchbook reserves the right to suspend, discontinue, enhance, update or otherwise modify the Services (or any of its features or functionalities), or their availability to you, at any time without reasonable prior notice.
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B. TERMINATION BY YOU
You may cease use of the Services at any time by uninstalling and discontinuing the use of the Services. Your cessation of use of any Service or request that access to the Service be terminated will not entitle you to any refund, including any fees. In addition you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
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C. TERMINATION BY SWATCHBOOK
swatchbook may terminate or suspend, withdraw, restrict or remove all or any part of our Services without notice at any time in the event that (i) swatchbook ceases providing such services to similarly situated users generally for business or operational reasons, or (ii) you breach these Terms or any other swatchbook’s terms and policies related to our Services, or (iii) you violate the applicable law, or (iv) as otherwise determined by us in our sole discretion. In such event, you will forfeit any continuing right or license to use the Services including any Virtual Items, and swatchbook is under no obligation to compensate you for any loss or damage of any kind that your or any other party may allege in connection with such action.
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D. SURVIVAL OF TERMS
All provisions of the Terms with regard to privacy, intellectual property rights, ownership and license of UGC, user feedback, warranty disclaimer, limitations of liability, indemnification, governing law, severability, waiver of our rights and dispute resolution will survive the termination.
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17. GOVERNING LAW
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The provisions of the Terms shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of law rules and principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the Terms is hereby expressly excluded.
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18. DISPUTE RESOLUTION
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Most concerns can be solved quickly by contacting us at legal@swatchbook.us.
In the unlikely event that we cannot solve your concern within 30 (thirty) days, and you wish to bring legal action against us, such a dispute will be subject to the jurisdiction of the courts of the State of California.
By voluntarily accepting these Terms, you and swatchbook both agree that the parties can only bring a claim against each other on an individual basis, unless otherwise required by applicable law. To the maximum extent permitted by applicable law, neither you nor swatchbook shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities, or participate in any collective or class action or litigation. In connection with any dispute, any and all such rights are hereby expressly and unconditionally waived.
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USA USERS
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of the others.

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19. FORCE MAJEURE
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Neither you nor swatchbook will be liable for any failure to perform any obligation under the Terms or to provide access to Services of that failure is caused by the happening of any unforeseen event beyond your or our reasonable control, including without limitation, war, terrorism, riots, embargoes, Internet outages, network infrastructure failures, natural disasters, fire, flood or act of God.

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20. MISCELLANEOUS TERMS
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A. ENTIRE AGREEMENT
The Terms including the Privacy Policy constitutes the entire agreement between you and swatchbook regarding the use of our Services and supersedes all prior understandings.
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B. ASSIGNMENT AND NOVATION
swatchbook may can assign, novate, subcontract or otherwise transfer the Terms to a third party or an affiliate of swatchbook if necessary for the support of our Services, as part of any reorganization, change of control, or for any other business reasons. You may not assign or transfer your rights or obligations under the Terms to anyone without first obtaining our written consent. Any attempt to assign without our consent is void.
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C. NO BENEFICIARIES
A. The Terms govern the relationship between you and us and do not create any rights for anyone else. Notwithstanding the foregoing, in the event of a valid assignment or transfer, the Terms shall be binding on and inure to the benefit of the relevant party’s representatives, successors, and permitted assigns.
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D. NO RIGHT TO OBLIGATE THE OTHER
The Terms do not create a partnership, joint venture or similar relationship between the parties, and neither party will have the power to obligate the other party in any manner whatsoever.
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E. NOTICE FOR APPLE DEVICE USERS
In case you download, install or access the Apps through your Apple device, you specifically acknowledge and agree that the following additional terms shall apply (in case of conflict between these additional terms in this section and other terms of this agreement the terms of this section shall prevail):
i. The Terms are concluded between you and us only, not with Apple, and Apple is not responsible for the Apps or the content thereof.
ii. swatchbook is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in these Terms or as required under applicable law. swatchbook and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
iii. The license granted to you for the Apps is limited to a non-transferable license to use the Apps on an iOS, iPadOS, VisionOS, MacOS, WatchOS, tvOS Product that you own and control and as permitted by the Usage Rules set forth on the Application Store Terms of Service, except that such Apps may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
iv. swatchbook is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of failure of any App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty or obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be swatchbook’s sole responsibility.
v. swatchbook and you acknowledge and agree that Apple is not responsible for addressing any claims by you or a third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (a) product liability claims; (b) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. This Agreement does not limit swatchbook’s liability to you beyond what is permitted by applicable law.
vi. swatchbook and you acknowledge and agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps infringes the third party‘s intellectual property rights.
vii. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government List of prohibited or restricted parties.
viii. You must comply with applicable third-party terms of agreement when using the Apps.
ix. swatchbook and you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of the Terms and upon your acceptance of the Terms Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of thereof.
x. swatchbook’s contact information for any end-user complaints or claims with respect to the Apps:
swatchbook inc, a company under the laws of the State of California, with registered address at:
28202 Cabot Road, Suite 300, Laguna Niguel, CA, USA
Email: legal@swatchbook.us
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F. GOVERNING LANGUAGE‍
The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.
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G. CONTACT INFORMATION
For information, support or questions, please contact us at support@swatchbook.us.
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