Terms of Use

Effective Date: 18/06/2024

**1. Agreement to Terms**

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Switchy.club (“we,” “us” or “our”), concerning your access to and use of the (http://switchy.club) website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

**2. Intellectual Property Rights**

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.

**3. User Representations**

By using the Site, you represent and warrant that:
1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3. You have the legal capacity and you agree to comply with these Terms of Use;
4. You are not under the age of 18;
5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
6. You will not use the Site for any illegal or unauthorized purpose;
7. Your use of the Site will not violate any applicable law or regulation.

**4. User Content**

You own all data, information, photos, text, and other materials that you upload, post, provide, develop, operate, or display in the Service (“User Content”). You agree that your User Content will not violate any applicable law or any third-party rights.

We do not take any ownership rights in the User Content. But you grant us a non-exclusive, assignable, royalty-free, perpetual, non-revocable, worldwide license to use, copy, modify, reproduce, store, display, publish, and distribute the User Content, including for the purpose of promoting the Service. This license will last for a period that is commercially reasonable for us to use the User Content.

**5. Prohibited Activities**

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use the Site to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

**6. User-Generated Contributions**

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, « Contributions »). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

**7. Site Management**

We reserve the right, but not the obligation, to:
1. Monitor the Site for violations of these Terms of Use;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

7.The Service may contain links to websites owned by third parties. Such links are provided for informational purposes only. We are not responsible for any third-party websites or their content.

**8.Privacy**

Our Privacy Policy (https://switchy.club/privacy) explains how we collect, use, and protect your personal data.

When you collect or transmit any personal data through the Service, you must follow all laws and obtain all permissions from each data source to transmit such data through the Services. You agree not to:

1.Use a username that is the name of another person with the intent of impersonating that person;

2. Provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission;

3. Engage in unauthorized collection of users’ information or access the Service by automated means, including bots or scrapers; or

4. Reveal any personal data related to another user, including address, phone number, email, credit card number, or any information that may otherwise identify another user

 

**9.Fees and Payment **

Certain features of the Service may be provided on the basis of a paid subscription (“Paid Plan”). If you purchase access to a Paid Plan, you agree to pay a fee on a monthly basis or at some other recurring interval.

You agree to pay the fees by direct debit or another payment method accepted on the Service. If you purchase a Paid Plan, we may charge you on a recurring basis until you cancel your Paid Plan. You may cancel your Paid Plan at any time; however, all fees are non-refundable. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service.

We may add new features for additional fees or change pricing at any time. We will communicate any price changes to you in advance. By accessing or using the Service, you agree to the new pricing.

**10. Your Account and Informations **

You do not have to create an account to access the Service. But you may need to register with the Service to use certain functions or access advanced features of the Service.

You must protect any passwords or other credentials associated with your account in the Service and take full responsibility for any use of the account under your password. You agree to notify us of any breach of security or unauthorized use of your account.

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service

 

**11. Limitation of Liability **

The Service is provided to you “as is.” We make no warranty of completeness, accuracy, availability, timeliness, security, or reliability of the Service or any content in the Service. We will not be liable for any damages, including loss of profits, loss of data, or other losses resulting from:

1.Any interruption of the Service;

2. Any content of any third party on the Service, including any defamatory, offensive, or illegal conduct of other users or third parties;

3. Any content obtained from the Service; or

4. Unauthorized access, use, or alteration of any material or content.

You agree to defend, indemnify, and hold us harmless from any claim, losses, obligations, damages, or expenses arising from your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. This term will continue to be effective even if you have stopped using the Service.

**12. Term and Termination**

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

**13. Modifications and Interruptions**

We reserve 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. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

**14. Governing Law**

These Terms shall be governed by and defined following the laws of the United Kingdom. Switchy.club and yourself irrevocably consent that the courts of the United Kingdom shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

**15. Contact Us**

If you have any questions regarding the Terms of Use, please contact us at:

 info@switchy.club

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