Thank you for visiting and using the website located at www.swind.work (the "Website"), which is owned and operated by Beijing Jinguanghongda Jiancai Co.Ltd. ("we", "us", "our" or "Jinguanghongda"). Your use and access of the Website is governed by and subject to the following agreements, applicable to you and your use of Swind Work’s programs, as may be amended from time to time:
● These terms of use ("General Terms of Use");
● Our Privacy Policy, available here ("Privacy Policy");
If you do not agree to these General Terms of Use, the Privacy Policy and any of the Swind Work Agreements that are Applicable to you, do not use the Website or any services offered through the Website. In all events, by entering accessing, browsing, submitting information to, or otherwise using this website, you agree to comply with and be bound by these General Terms of Use and the Privacy Policy.
Swind Work offers an app discovery technology (the "Service") that connects Publishers and Advertisers via our online platform, and enables Advertisers to serve ads to the Publisher Properties based on specific user characteristics. Swind Work does not develop any particular Publisher Property and is not responsible for the content, functionality or performance of any ad or Publisher Property. If you are a user, then you may encounter our Service when you download or visit a Publisher Property and one of our Advertisers requests that we serve ads to that Publisher Property.
You affirm that you are above eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the General Terms of Use, and to abide by and comply with the General Terms of Use.Member Accounts
Unless otherwise noted, all text, content, and documents made available via the Website or the Service, including any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing via the Website or the Service, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works via the Website or the Service (the "Content") are owned by Swind Work or used with permission or under license from a third party, and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Swind Work and you, all right, title and interest in and to the Content will at all times remain with Swind Work and/or its respective licensors. All brand names, product names, titles, slogans, logos, or service names and other marks used via the Website or the Service, are registered and/or common law trade names, trademarks or service marks of Swind Work.
You are only permitted to use the Website and/or any services and products via the Website for lawful purposes as provided in the General Terms of Use and your applicable Swind Work Agreement, depending upon whether you are an Advertiser or Publisher. Any other use or misuse of any Service is strictly prohibited. Swind Work grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Website and/or the Service, without right to sublicense, under the following conditions: You shall not, without Swind Work’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Website, Service or the Content, or modify or re-use all or any portion of the foregoing, (b) use any trade-name, trademark, or brand name of Swind Work in meta-tags, keywords and/or hidden text, (c) create derivative works from or commercially exploit the Website, Service or the Content, in whole or in part, in any way, and (d) use the Website, Service or the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Swind Work or any third party. Swind Work reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Website, Service or the Content. Except as expressly provided herein, nothing via the Service shall be construed as conferring any license under Swind Work's and/or its licensors' intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Swind Work may revoke any of the foregoing rights and/or your access to the Website and the Service, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Without limiting the foregoing, the Website, Service and the Content and all other features via the foregoing are provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind with respect to the Website and/or the Service and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Appnext hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Swind Work, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Swind Work does not make any warranties that the Website and/or the Service will be uninterrupted, secure or error free or that your use of the Website and/or the Service will meet your expectations, or that the Website, the Service, the Content, or any portion thereof, is correct, accurate, or reliable. Swind Work reserves the right to change any part of the Website at any time and without notice.
Your use of this website is at your own risk. Neither Swind Work or its affiliates, or any of its respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of this Website or arising out of any action taken in response to or as a result of any Content or other information available via this Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if Swind Work was advised of the possibility of such damages. If you become dissatisfied in any way with the Website, the Service or any applicable Swind Work Agreement, your sole and exclusive remedy is to stop your use of the this Website and Service. You hereby waive any and all claims against Swind Work and its agents, representatives and licensors arising out of your use of the Website. Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages; accordingly, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Swind Work and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
Swind Work is committed to respecting and protecting the legal rights of copyright owners. As such, Swind Work adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content on the Service or any advertisement made available via the Service infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (a) be provided to Swind Work's designated agent, ("Copyright Agent"), as set forth below, and (b) include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Swind Work's Copyright Agent to receive DMCA Takedown Notices is: privacy@swind.work. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted via the Service. You acknowledge that in order for Swind Work to be authorized to remove or disable access to any Content, your DMCA Takedown Notice must comply with all of the requirements of this section.
Crawling, scraping, indexing, framing, in-line linking or other methods of association with the Website, by any means, including accessing the Website by automated means (such as robots or spiders), are expressly prohibited without prior written approval from Swind Work. Swind Work may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
The General Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Swind Work without restriction.
By using the Website and/or the Service, you consent that to the application of the laws of the Hong Kong S.A.R. of People’s Republic of China with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website and the Service, and the exclusive jurisdiction of the Hong Kong S.A.R. of People’s Republic of China, subject to the mandatory arbitration provisions. You submit to the jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
From time to time, Swind Work may revise these General Terms of Use. To help you stay current of any changes, Swind Work notes the date the General Terms of Use was last updated above. Your use of the Website following the posting of any revised General Terms of Use shall be deemed acceptance of the revised policy. Swind Work strongly recommends reviewing the General Terms of Use periodically.
Swind Work's failure to enforce any provision of the General Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the General Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the General Terms of Use shall continue in effect. A printed version of the General Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the General Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.