These Terms of Use (the “Terms”) form a binding agreement between you and Switchback Ventures (“Switchback Ventures,” “we,” “us,” or “our”) and govern your access to and use of our applications, websites, and related services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
1. Changes to These Terms
We may modify, update, or replace these Terms at any time, in our sole discretion, without any obligation to notify you. It is your responsibility to review these Terms periodically for changes. Your continued access to or use of the Services after any changes take effect constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, your only remedy is to stop using the Services.
2. Accounts, Suspension, and Data
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
We may, at our sole discretion, at any time, for any reason or no reason, and without prior notice or liability to you:
- suspend, restrict, or terminate your account or your access to all or part of the Services; and
- modify, remove, or permanently delete any content, data, files, or photos associated with your account.
We are under no obligation to retain, back up, or return any of your data, and we have no obligation to inform you before or after taking any such action. You are solely responsible for maintaining your own copies of any data you wish to keep.
3. Acceptable Use
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Among other things, and because the Services allow you to upload and store photos and other images, you agree not to upload, store, share, or transmit any content that is sexually explicit or obscene, and you agree that any content that exploits, abuses, or endangers minors is strictly prohibited and will be reported to law enforcement.
4. Your Responsibility to Comply With the Law
You are solely responsible for ensuring that your access to and use of the Services complies with all laws, rules, and regulations that apply to you, including those in your country, state, and locality. You represent and warrant that you will not use the Services for any unlawful purpose, and you assume all risk and responsibility for determining whether the Services are appropriate and lawful for your use.
5. Your Content
You retain ownership of the photos and other content you upload to the Services (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display Your Content solely as necessary to operate, provide, and improve the Services. You represent and warrant that you own or have all necessary rights to Your Content and that it does not violate these Terms, our Acceptable Use Policy, or any law.
6. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, error-free, or that any data will be preserved.
7. Limitation of Liability
To the maximum extent permitted by law, Switchback Ventures and its owners, officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, use, or goodwill, arising out of or in connection with your use of (or inability to use) the Services, including any loss of data resulting from deletion, suspension, or termination as described in these Terms.
8. Indemnification
You agree to indemnify, defend, and hold harmless Switchback Ventures from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, Your Content, or your violation of these Terms or any applicable law.
9. Governing Law
These Terms are governed by the laws of the United States and the state in which Switchback Ventures is established, without regard to conflict-of-law principles. Any disputes will be subject to the exclusive jurisdiction of the courts located there.
10. Contact
Questions about these Terms can be sent to switchbackventures26@gmail.com.