PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APPLICATION AND/OR THE APPLICATION WEBSITES. Access to and use of this application and website (the "app") is provided by SWS DIGITAL, Inc. ("SWS", "us" or "we") subject to the following terms (this "Agreement"):
1. ACCEPTANCE OF TERMS: By using this app, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this app at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the app will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this app within the proprietary online service offered by SWS may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this app, unless otherwise expressly stated.
2. REPRESENTATIONS: By using this app you represent and warrant that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement.
3. REGISTRATION: In accessing this app or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this app that all the details you provide will be correct, current, and complete. If SWS believes the details are not correct, current, or complete, we have the right to refuse you access to the app or any of its resources.
4. COPYRIGHTS AND TRADEMARKS: This app and all materials incorporated on this app (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights under laws of the United States and other countries.
5. RESTRICTIONS ON USE OF MATERIALS:
(a) You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this application or website, except that you may access and display material and all other content displayed on this app for non-commercial, personal, entertainment use. Without limiting the generality of the foregoing, you may not distribute any part of this application or website over any network, including a local area network, nor sell or offer it for sale. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this application or website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
(b) SWS DIGITAL respects the intellectual property rights of others and asks users of this app to do the same.
6. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THIS APP AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THIS APP ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SWS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APP WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SWS' APPS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THIS APP OR ANY SITES LINKED TO THIS APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SWS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND SWS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS APP. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. LIMITATION OF LIABILITY
SWS DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS APP OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS APP, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF SWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT SWS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. INDEMNITY
You agree to indemnify and hold harmless SWS, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the app's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
9. APPLICABLE LAW AND JURISDICTIONAL MATTERS
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Alberta, Canada as they are applied to agreements entered into and to be performed entirely within Alberta. Any action you, any third party or SWS may bring to enforce this Agreement or, in connection with any matters related to the app shall be brought only in either the Provincial or Federal Courts located in Alberta, and you expressly consent to the jurisdiction of said courts.
10. SEVERABILITY
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
11. RECORDING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
By Downloading the POOP THE WORLD application you acknowledge and give consent to SWS Digital, Inc. for collecting some of your personally identifiable information including but not limited to your user name, UDID, geo location, poop types and fragrances, and achievements. You also acknowledge and give consent to POOP THE WORLD to publish your details to the POOP THE WORLD website, as well as other affiliate sites not limited to pooptheworld.com.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE APP.
PRIVACY POLICY
SWS Digital, Inc. ("SWS Digital", "POOP THE WORLD", "we" or "us") knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We take your privacy very seriously and make it a priority to protect personally identifiable information, such as your name, your iPhone or iPod Touch's UDID, usage statistics, achievements, trophies, GPS co-ordinates, type, fragrance and screenname that we obtain from and about individuals both online and off-line. Please take a moment to review this Privacy Policy which describes how POOP THE WORLD collects, uses, and shares this and other information.
POOP THE WORLD provides a service that records and shares your location based activities while using the application in order to generate personalized content (collectively, "Content") that are made available on the pooptheworld.com website (the "POOP THE WORLD site").
By downloading POOP THE WORLD or using any of the POOP THE WORLD Services on any of the Sites, you are accepting this Privacy Policy. If you do not want information about you to be used in the manner set forth in this Privacy Policy, please do not use the POOP THE WORLD Services.
The POOP THE WORLD Site is not intended for children under 12 years of age. We do not knowingly collect personally identifiable information from children under 12 years of age.
We invite you to click below to get answers to your questions regarding our Privacy Policy.
What does this Privacy Policy cover?
POOP THE WORLD collects your personally identifiable information - meaning information that can be used to identify your iPhone or iPod Touch - when you use the POOP THE WORLD Services. POOP THE WORLD uses this information strictly for mapping, and displaying other statistical information gathered from your phone, which we then share publically through the POOP THE WORLD site.
When you register on our application, we may ask for personally identifiable information such as your name. If you choose to provide such information, you are giving POOP THE WORLD the permission to use and store it consistent with this Privacy Policy. Therefore, please understand when you sign in with POOP THE WORLD you are not anonymous to us.
Please note, that your first and last name, Twitter, and Facebook account and Password are not collected or recorded by POOP THE WORLD. This information is merely held within the application to prevent the user from logging in each time they use the application.
Why does POOP THE WORLD collect personally identifiable information about me?
POOP THE WORLD collects personally identifiable information in order to customize and compile aggregate data for display on the POOP THE WORLD site, as well as on the Twitter and Facebook social network sites should you choose to turn on these features within the POOP THE WORLD settings.
Is the personally identifiable information collected about me secure?
We use reasonable physical, electronic, and procedural measures to safeguard personally identifiable information in our possession against loss, theft and unauthorized use, disclosure, or modification. For example, passwords and other sensitive information are encrypted in transit. We also take steps to ensure that only those POOP THE WORLD employees, agents, and contractors who have a legitimate business reason to obtain access to your personally identifiable information are granted access.
Despite these efforts, please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using the POOP THE WORLD Services but we cannot ensure or warrant the security of any information you transmit to us. Please refer to the U.S. Federal Trade Commission's web site for information on how to protect yourself from identity theft.
Who can I contact if I have concerns about this Privacy Policy?
If you have concerns regarding this Privacy Policy, including if you believe that POOP THE WORLD may have incorrect information for you or if you would like your personally identifiable information to be removed from our database, you may email us at
support@swsdigital.com.