Last modified: October 20th, 2020
SweepLift provides a software platform that creates white labeled web applications with an underlying integrated testing framework designed to run creative experiments with digital media assets in the form of a promotion. SweepLift software and Services are designed to allow media sponsors to gather personally identifiable information from Users who choose to enter a particular promotion together with anonymous data regarding the promotion itself. This data is gathered for use by the media sponsors for various marketing purposes, including targeted marketing of its products.
3. Changes to this Agreement
4. SweepLift and Third Parties’ Websites and Services
5. Social Media
6. Contribution License
You may be offered the opportunity to contribute content or feedback to the Site. You grant to SweepLift, and you represent and warrant that you have the right to grant, to SweepLift an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through and media channels.
This license apply will to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide to SweepLift. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
SweepLift does not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights, or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the Site. You are solely responsible for your contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. SweepLift has the right, in our sole discretion, i) to edit, redact, or otherwise change any contributions, ii) to re-categorize any contributions to place them in more appropriate locations on the Site, and iii) to pre-screen or delete any contributions at any time and for any reason, without notice. SweepLift has no obligation to monitor User contributions.
7. Data Privacy
8. Ownership of SweepLift
SweepLift retains all rights (including Intellectual Property Rights as defined below), the title and interest in the Services, and all underlying technology and data. You will not permit others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the SweepLift’s technology or delete or alter author attributes or copyright notices. You shall use the Services solely for individual use and shall not share your SweepLift account and password with others.
Intellectual Property Rights means all intellectual property rights (through the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
9. Copyright Infringement Notices
SweepLift and its affiliates respect the intellectual property rights of others and asks those posting or transmitting any Content to or through the Services to do the same. If you believe that your work has been copied and/or infringed on this Site, you may notify SweepLift according to the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”) by sending the following information to SweepLift’s DMCA Registered Agent either by mail at 300 Delaware Avenue Suite 210-A, Wilmington DE 19801; or by email at email@example.com .
- A description of the copyrighted work that you claim has been infringed;
- Identification of the material you claim is infringing, including a description of where such material is located;
- Your address, telephone number, and e-mail address;
- A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
10. Consent to Communications
By using the Services, you consent to receiving certain electronic and SMS communications from SweepLift. you agree that any notices, agreements, disclosures, or other communications that we send to you electronically or via SMS will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with third parties. You can contact us by email at firstname.lastname@example.org. We will do our best to respond to your queries as soon as possible.
All notices to SweepLift must be in writing and must be sent by registered mail, certified mail, or overnight mail to 300 Delaware Avenue Suite 210-A, Wilmington DE 19801 with a return receipt requested.
12. Modifications and Interruptions
SweepLift reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. SweepLift reserves the right to modify or discontinue all or part of the Site without notice at any time. SweepLift will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site and Services. SweepLift cannot guarantee the Site will be available at all times. The Site may experience hardware, software, or other problems or SweepLift may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
You expressly agree that use of the Services and reliance on its content is at your own risk. SweepLift, its affiliates and their respective third-party licensors do not make any representations or warranties of any kind regarding the Site, the software, the Services, the Content, the materials, or the results that may be obtained from use of any of the foregoing. The Services are provided on an “As Is, As Available” basis, and SweepLift, its affiliates, and their respective third-party licensors specifically disclaim any and all express or implied warranties including, without limitation, the warranties of fitness for a particular purpose, warranties of merchantability and warranties of noninfringement. SweepLift and its affiliates make no representations or warranties, expressed or implied, to any actual or prospective User of our service; as to the advertised terms, if any; or as to the accuracy or completeness of any information. SweepLift reserves the right, in its sole discretion, to correct any error or omission on the Services or in the content. SweepLift does not make and expressly disclaims any representations, warranties, or guarantees to you regarding the service, including, without limitation, any representations, warranties or guarantees. For purposes of this warranty disclaimer, “third-party licensor” does not include you. Some states do not allow the disclaimer of implied warranties, so this statement may not apply to you.
14. Limitation of Liability
You use the Services at your own risk. SweepLift does not assume any responsibility for errors or omissions in the information, Site, Services or other documents, including User Content, which is referenced by or linked to. In no event shall SweepLift be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. In no event shall SweepLift be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Site or the Services including without limitation to losses incurred due to:
- The design, administration, management and operation of any promotions;
- The failure of any media sponsor to award or fulfill a prize, or otherwise operate a promotion in accordance with the applicable rules;
- Any inaccurate information published on the Site or Services;
- Your business dealings with any media sponsors, Users, third party advertisers or marketing affiliates;
- Damages or losses of any kind, including, without limitation, injuries or death, resulting from your use of the Services or participation in a promotion;
- Any actions you take in reliance upon any information provided by the Site or Services;
- Any other damages or losses you may incur in connection with your use of the Site or Services.
SweepLift is not responsible for examining or evaluating the business practices, actions, omissions, or services of media sponsors whose promotions are hosted on this Site, or the Users who enter such promotions. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MEDIA SPONSOR OR USER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SWEEPLIFT, ITS SUBSIDIARIES, REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a New Jersey resident, certain sections of these Terms of Service may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warrant, and Notice Act. Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
16. General Terms
16.1. Governing Law
16.3. Force Majeure
If SweepLift cannot perform any obligation hereunder, including maintaining regular Services, as a result of any event that is beyond its control, including all possible acts of god, including pandemic, SweepLift’s delay or failure to perform such obligation shall be excused and SweepLift shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
16.5. Binding Provisions
16.6. Enforcement of Terms
16.7. Entire Agreement