Terms & Conditions of SwordGlobal.com:
dated 18 May 18
to ensure compliance with the
requirements to meet our obligations to all our Subscribers & Users under
The EU General Data Protection Regulation (GDPR)
The following is our Terms of Service
Version 1 dated 18 May 2018
Welcome to SwordGlobal.com
The term ‘[business name]’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Crown Grove, Norton UK. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
1. The Agreement between SwordGlobal.com and You
You are responsible for reviewing changes to this Agreement
(a) This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
(b) This Agreement applies to all users of the Site and the Services.
(c) SwordGlobal.com may make changes to this Agreement from time to time without specifically notifying you.
(d) SwordGlobal.com will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
(e) If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
(f) In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by SwordGlobal.com from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
(g) SwordGlobal.com may edit or modify anything on the Site or Services without notice.
(h) SwordGlobal.com is committed to delivering a positive user experience and you understand that SwordGlobal.com reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
(i) You are responsible for accepting updated versions of the Site and Services.
(j) If SwordGlobal.com provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
(k) If you do not accept updated versions of the Site and Services, SwordGlobal.com shall not bear any responsibility or liability for your decision.
2. What Laws and Rules You Are Responsible For Following
(a) You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
(b) You are responsible for all of your activity in connection with the Site and the Services.
(c) You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
3. It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
(a) You understand SwordGlobal.com may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that SwordGlobal.com reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
(b) You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
(c) You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
4. SwordGlobal.com may terminate your use of the Site and/or Services without reason or notice to you
(a) While SwordGlobal.com respects its users, you agree that SwordGlobal.com may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
(b) You agree to comply with SwordGlobal.com conduct policies when using the Site or Services.
(c) We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
– You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorised by SwordGlobal.com;
– You will not take any action that imposes or may impose (as determined by SwordGlobal.com in its sole discretion) an unreasonable or disproportionately large load on SwordGlobal.com (or its third party providers’) infrastructure;
– You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
– You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
– You will not bypass any measures SwordGlobal.com may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
– You will not run any form of auto-responder or “spam” on the Site and Services;
– You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
– You will not harvest or scrape any content or materials from the Site and Services;
– You will not threaten, intimidate or harass another user or any Advisor;
– You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
– You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
– You will not knowingly transmit false or misleading information through the Site or the Services.
– You will not use the Site and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) SwordGlobal.com or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorised, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorised, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorised material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause SwordGlobal.com to be in violation of any law or regulation, or to infringe any right of any third party.
– You will not publish falsehoods or misrepresentations that may damage SwordGlobal.com or any third party.
– You will not transmit any Submission and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
– You will not use the Site and Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.
– You will not otherwise take any action in violation of SwordGlobal.com guidelines and policies.
– SwordGlobal.com is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise.
– SwordGlobal.com or its business partners may present advertisements or promotional materials via the Services.
– Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
– You agree that SwordGlobal.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
– You understand the Site and the Services may contain (or you may receive from SwordGlobal.com, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
– You understand and agree that SwordGlobal.com is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that SwordGlobal.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
30. You acknowledge and agree that SwordGlobal.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
5. Who owns what and how you can use it
(a) The copyright to all content the on the Site and Services is owned by SwordGlobal.com.
(b) The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of SwordGlobal.com or may be, to a certain extent, the property of its content suppliers, including but not limited to Advisors, and are protected under applicable copyright law, trademark law and other proprietary rights.
(c) You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
(d) You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
6. You may not use trademarks appearing on the Site or Services in an infringing manner
(a) You agree that SwordGlobal.com and other SwordGlobal.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SwordGlobal.com or its affiliates (“Trademark Content”).
(b) SwordGlobal.com trademarks and trade dress may not be used in connection with any product or service that is not SwordGlobal.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SwordGlobal.com.
(c) All other trademarks not owned by SwordGlobal.com or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SwordGlobal.com or its affiliates.
7. Your Usage of SwordGlobal.com
Fair usage enjoyment is granted to persons visiting the website. In doing so persons agree to the following undertakings;
(a) SwordGlobal.com does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
(b) You understand SwordGlobal.com does not grant you the right to resell or make commercial use (except as provided herein or in the applicable Advisor Terms and Conditions) of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
(c) You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
(d) You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of SwordGlobal.com and our affiliates without express written consent.
(e) You may not use any meta tags or any other “hidden text” utilizing SwordGlobal.com name or trademarks without the express written consent of SwordGlobal.com. Any unauthorised use terminates the permission granted by SwordGlobal.com.
(f) You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
(g) You are granted a limited, revocable, and non-exclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of SwordGlobal.com so long as the link does not portray SwordGlobal.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
(h) You may not use any SwordGlobal.com logo or other proprietary graphic or trademark as part of the link without express written permission.
8. You have the necessary rights to share content and materials should you choose to
(a) You understand that you may be invited to participate in blogs, online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site, such as text, drawings, icons, photos, etc. (collectively, “User Content”).
(b) You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to SwordGlobal.com as set forth herein, with full knowledge that SwordGlobal.com may exploit it in any manner whatsoever. You make such warranties without SwordGlobal.com incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
(c) You grant to SwordGlobal.com the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
(d) You further agree that SwordGlobal.com is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or SwordGlobal.com, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
(e) You further perpetually and irrevocably grant SwordGlobal.com the unconditional right to use and exploit your name, persona and likeness included in any User Content.
(f) You also grant to SwordGlobal.com the right to sub-license and authorise others to exercise any of the rights granted to SwordGlobal.com.
(g) You authorise SwordGlobal.com to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
9. Copyright Policy
SwordGlobal.com takes the intellectual property of others seriously.
(a) You understand that SwordGlobal.com at its sole discretion, may terminate the account or access of users who infringe the intellectual property rights of others.
(b) If you believe that your work has been copied in a manner that results in copyright infringement, please contact SwordGlobal.com Copyright Agent. Our designated agent for notice of alleged copyright infringement on the Site and Services is admin@SwordGlobal.com
10. Legal Conditions
SwordGlobal.com liability is limited as follows:-
(a) SwordGlobal.com is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, SwordGlobal.com, third parties or by any of the equipment or programming associated with or utilised in the Site and the Services.
2. SwordGlobal.com is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any Advisor.
3. SwordGlobal.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of user communications or Advisor communications.
4. SwordGlobal.com is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer, and/or mobile device.
5. Neither SwordGlobal.com nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Advisors, whether online or offline.
11. General Disclaimer and Limitation of Liability
(a) WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL SwordGlobal.com OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
(b) SwordGlobal.com LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
12. You agree to indemnify SwordGlobal.com;
You agree to indemnify, defend, and hold harmless SwordGlobal.com, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any user Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
13. Your general representation and warranty
(b) You represent and warrant that you will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
14. Other Terms
(a) You and SwordGlobal.com agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(b) You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
(c) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
(d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
(e) SwordGlobal.com may assign its rights under this Agreement without condition.
(f) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
(a) Last updated on 20 May 18
16. What are cookies and how do they work?
Cookies help to make a website look better and work more efficiently for you. They are basically small data packages containing information about the website you visit. Those bits of information will be saved in your internet browser, so that whenever you visit that website again, the website will know that you’ve been on it, before by realising that your browser stored relevant info about that particular website and can show you a more personalised page (e.g. “welcome back”). Each website can send its cookies to your browser, providing your internet browser set up allows cookies to be stored. There are several reasons for sending cookies. Some websites do this e.g. in order to report on website traffic or analyse the usage of their contents. Even though cookies will be stored in your browser on your computer, its corresponding website can only use its own cookies and not those which might have been provided by other websites and again, of course only it your browser set up permits it at all. This brings us to our next passage: Cookie Management. When you become a member, you need to choose a password to be able to log in to the SwordGlobal.com system and access your SwordGlobal.com account. Your password can be anything you wish, however for security purposes, we suggest a combination of letters, both capitals and lower case, and numbers, i.e. SwordGlobal.com 285 (example only, do not copy).
17. How to manage cookies
Since cookies are stored in your internet browser, you can manage them there. Depending on which browser you use, there will be different ways of how to change the set up and how to save your preferences. You maybe need to use the HELP menu of your specific browser to guide you. But what they will have in common is that you can decide whether to accept all cookies, block all cookies or select individually which ones you want to allow and which ones to deny access. You can also decide to set up your browser so that it knows when cookies have been set. The same applies to your mobile phone browser. Here you can also set your device to accept or block all cookies etc. Please note that you may not benefit from all tools and features the website has to offer if you decide to disable all cookies completely. Depending on what kinds of cookies the website uses, it might not even function properly. See more about the types below.
18. What kind of cookies are there and how does SwordGlobal.com use them?
1. You will find the following types of cookies at SwordGlobal.com:-
(a) Cookies, which are strictly necessary
Those cookies help you for instance to navigate between SwordGlobal.com pages. They will store information about previous pages, so that you can easily jump to and fro between them. They also store personal information like login details. This also helps when you are logged in because you don’t have to provide the website with your login data every time you change pages. Ultimately, these cookies are necessary to enable the service SwordGlobal.com offers and you wish to use. But don’t worry, those cookies are not there to gather information about your internet habits or for marketing. As mentioned above – cookies from one website will only be used for this particular website and do not communicate with others.
(b) Performance Cookies
Performance cookies are mainly used by SwordGlobal.com for internal analysing and optimising purposes to help us to provide an agile and informative website. It helps us to understand how you use SwordGlobal.com and how we can improve our website even further, how to present our contents better and how to make our pages more attractive (for instance in gathering information how often a specific page has been requested etc.) However, some performance cookies are provided by third parties and therefore are used by third parties as well. But please note that the information we receive by performance cookies is anonymous and will not be linked to you or your computer. One of the third parties that SwordGlobal.com allows is Google Analytics. The anonymously gathered information may be shared with other Google Analytics users if required to do so by law.
(c) Functional Cookies
To improve your experience with SwordGlobal.com, functional cookies are used to store things you set up with us like your most favourite readers, currently visited profiles etc. It saves you the time to enter everything all over again and helps you to enjoy browsing though our website more easily. However, it is important for us, that you know that your provided choices will only be used for OUR website in YOUR account.
(d) Targeting Cookies
Targeting cookies are necessary for SwordGlobal.com to interact with social networks such as Facebook. If for example you wish to let friends participate or post a message, these tracking cookies will be needed to allow this exchange.
(e) Local Shared Objects (Flash Cookies)
(f) Third party Cookies
3. Visit https://www.aboutcookies.org if you want to read more about cookies.
20. Contact Us
If you have any questions about this Agreement prior to accepting, please contact us at admin@SwordGlobal.com
Dated 18 May 18
Version Terms 1.0