RedSwank's products and services are provided by Red Swank, Inc (RedSwank). These Terms of Service ("Terms") govern your access to and use of RedSwank's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy, as updated from time to time. Please read them carefully.

Registration and Account Usage
  • You may use our Products only if you can form a binding contract with RedSwank, and only in compliance with these Terms and all applicable laws.
  • When you create your RedSwank account, you must provide us with accurate and complete information.
  • If we disable your account, you will not create another one without our permission.
  • Any use or access by anyone under the age of 13 is prohibited.
  • You will not use RedSwank if you are a convicted sex offender.
  • If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  • If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
  • Our Product is software that is downloaded to your phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Using our Services

You must follow any policies made available to you within the Products.

Don't misuse our Products. For example, don't interfere with our Products or try to access them using a method other than the interface and the instructions that we provide. You may use our Products only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Products to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Products does not give you ownership of any intellectual property rights in our Products or the content you access. You may not use content from our Products unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Products.

Our Products display some content that is not RedSwank's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.

In connection with your use of the Products, we may send you product announcements, administrative messages, and other information.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use RedSwank to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions. By using our Products, you agree that RedSwank can use such data in accordance with our privacy policies.

Your Content

You own all of the content and information you post on RedSwank.

  • When you upload or otherwise submit content to our Products, you give RedSwank (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Products), communicate, publish, publicly perform, publicly display and distribute such content.
  • This license ends when you delete your content or your account unless your content has been shared with others, and they have not deleted it.
  • Following termination or deactivation of your account, or if you remove any content from RedSwank, we may retain your content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, RedSwank and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your content that other users have stored or shared through RedSwank.
  • Nothing in these Terms shall restrict other legal rights RedSwank may have to your content, for example under other licenses. We reserve the right to remove or modify content for any reason, including content that we believe violates these Terms or our policies.
Feedback you provide

We value your feedback and suggestions. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, RedSwank does not waive any rights to use similar or related feedback, suggestion previously known to RedSwank, or developed by its employees, or obtained from sources other than you.

Copyright Protection

RedSwank respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can contact us.

Security

We care about the security of our users. While we work to protect the security of your content and account, RedSwank cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Permissible Content

You agree not to post content that:

  • is sexually explicit or pornographic;
  • creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
  • may create a risk of any other loss or damage to any person or property;
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • violates, or encourages any conduct that violates laws or regulations;
  • contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
  • infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
  • is fraudulent, false, misleading, or deceptive.
About Software in our Products

Our Products software may update automatically on your device once a new version or feature is available. Some Products may let you adjust your automatic update settings.

RedSwank gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by RedSwank as part of the Products. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products as provided by RedSwank, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Products or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Products may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Mobile and Other Devices
  • We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  • In the event you change or deactivate your mobile telephone number, you will update your account information on RedSwank within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  • You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on RedSwank.
Modifying and Terminating
We are constantly changing and improving our Products. We may add or remove functionalities or features, and we may suspend or stop a Product altogether.
You can stop using our Products at any time or we may also stop providing Products to you, or add or create new limits to our Products at any time.
Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by RedSwank. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from RedSwank, you do so at your own risk and you agree that RedSwank will have no liability arising from your use of or access to any third-party website, service, or content.
Indemnity
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless RedSwank and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your content, or (c) your breach of any of these Terms.
Our Warranties and Disclaimers
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

OTHER THAN AS EXPRESSLY SET OUT IN THIS TERM, REDSWANK DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PRODUCTS, THE SPECIFIC FUNCTION OF THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, REDSWANK WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL REDSWANK'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

IN ALL CASES, REDSWANK, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Disputes
  • You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms or RedSwank exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
  • If anyone brings a claim against us related to your actions, content or information on RedSwank, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on RedSwank and are not responsible for the content or information users transmit or share on RedSwank. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on RedSwank. We are not responsible for the conduct, whether online or offline, or any user of RedSwank.
About these Terms
We may modify these terms or any additional terms that apply to Products. You should look at the terms regularly. Changes will not apply retroactively and will be effective immediately. If you do not agree to the modified terms for Products, you should discontinue your use of Products.

These terms control the relationship between RedSwank and you. They do not create any third party beneficiary rights. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RedSwank without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with RedSwank in connection with the Products, shall constitute the entire agreement between you and RedSwank concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
© 2013 RED SWANK INC.