These Terms of Use govern the contractual relationship between SecureDownload Ltd.("SweepTools") and You as a user of the Website. By using and/or visiting the SweepTools Website, You consent to (i) abide to these Terms of Use; (ii) SweepTools' Privacy Policy; (iii) any other rules, policies and guidelines which may be posted and updated on the Website from time to time. All such guidelines, rules and policies are incorporated by reference into these Terms of use.
"Content" entailss all the text, information, scripts, graphics, logos, photos, sounds, music, videos, interactive features and all other material on the Website, and the Intellectual Property Rights contained therein;
"EULA" means the end user license agreement under which the SweepTools product is made available;
"Intellectual Property" or "Intellectual Property Rights" or “IPR” involve copyright, rights, trademarks, database, service marks, trade dress, moral rights, author's rights, and other intellectual property rights, design rights (whether capable of being registered or otherwise) as may exist now or hereafter come into existence in any jurisdiction in the world, and all renewals and extensions thereof and includes trademarks owned by SweepTools;
"Terms of Use" or "TOU" mean these terms and conditions by which access and use of the Website is regulated;
"User" or "You" means any person visiting, accessing or making use of the Website;
"Website" means the SweepTools.com website and all other websites connected to it and accessible through links or other access paths and the services available through such websites.
All Content displayed on the Website is owned by SecureDownload Ltd. or licensed from third parties and subject to copyright and other Intellectual Property Rights. You may save and show Content from the Website on a computer screen, print separate pages and store such pages in electronic form on disk excluding any storage device connected to a network. All that can be strictly administered for Your own personal, non-commercial use. Any other manipulation is prohibited unless SweepTools’ prior written consent is obtained. All other intellectual property that appears on the Website and is not owned by SweepTools is the property of its particular owner, who may or may not be affiliated with, connected to, or sponsored by SweepTools.
4.1 All SweepTools are the copyrighted works of SecureDownload Ltd. These TOU do not apply to the purchase or use of the SweepTools. The use of any SweepTools is subject to the applicable EULA under which it is made available. You will be unable to install any SweepTools unless You first agree to the terms and conditions of the EULA. The EULA terms for each SweepTools are available for review here.
4.2 SweepTools are only sold through resellers or distributors who do so in their own name and under their own terms and conditions. Any purchases initiated from this Website will be concluded with one of our trusted third party retailers in accordance with the retailers’ terms and conditions. You are therefore advised to review such terms prior to purchase.
4.3 SweepTools are offered for purchase from this Website as digital products which need to be activated by You by inputting the serial number or code made available to You upon purchase.
5.1 You represent and warrant that You are of sufficient legal age to access and use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree not to use the Website for any purpose that is unauthorized or unlawful and You acknowledge that Your failure to do so may subject You to civil and criminal liability. You further agree to abide by all applicable local, state, national and international laws and regulations.
5.2 You may link to the Website provided that You comply with the following:
i) You do not create a frame, browser or border around the Content of the Website;
ii) You do not misrepresent Your relationship with SweepTools or imply that it is endorsing You or Your products or services; and
iii) You do not link from a website that:
is discriminatory on the basis of a person's sex, race, disability, age, sexual orientation, religion or belief;
is hateful, harassing or abusive by intent or otherwise;
is derogatory to any individual or group or causes any other person annoyance, inconvenience or worry;
is defamatory, libelous or deceptive about any person, organization or product;
is offensive, obscene, indecent, sexually explicit, pornographic, threatening or criminal;
is in violation of the privacy of others or otherwise breaches any obligation of confidentiality by which You are bound;
unfairly criticizes or misrepresents others;
is reasonably considered to be of an inflammatory nature or constitutes discussion on politics, religion and religious matters;
plagiarizes or is in breach of copyright, trademarks, trade secrets and/or other personal or property rights of any other third party or in violation of any terms of use of any website;
constitutes unsolicited, commercial or advertising material, pyramid schemes, chain letters or other junk mail of any kind;
contains any viruses, Trojan horses, worms, scrapers, time bombs, cancelbots or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, modify, impede, surreptitiously intercept or expropriate any system, data or information or others' use of the Website;
constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause SweepTools to violate any applicable law or regulations; or is likely to create any liability (whether criminal or civil, and whether for You or SweepTools); and
iv) You agree that SweepTools reserves its rights to rescind its consent to allow links in general or specific instances, in which case any links already set up would have to be removed pursuant to SweepTools’ rights.
5.3 If You choose to communicate to SweepTools any feedback, ideas or suggestions for improvement of the Website or any other product and/or service offered by SweepTools ("Feedback"), SweepTools shall have the right to freely use, modify, share, distribute and communicate such Feedback for any and all commercial and/or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such Feedback you elect to communicate to SweepTools is not subject to any license or any other third party right.
Any personal information we collect from You is processed in accordance with SweepTools’ Privacy Policy.
7.1 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SWEEPTOOLS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS AND OTHER PARTNERS (COLLECTIVELY, "SWEEPTOOLS INDEMNITEES") HARMLESS, IN FULL AND IN PERPETUITY AGAINST ANY THIRD PARTY LIABILITIES, CLAIMS, COSTS, EXPENSES, OBLIGATIONS, LOSSES OR DAMAGES, INCLUDING CONSEQUENTIAL LOSS THAT MAY ARISE FROM I) YOUR UNAUTHORISED USE OF MATERIAL OBTAINED THROUGH THE WEBSITE; II) YOUR BREACH OF THESE TERMS OF USE; III) YOUR USE AND ACCESS TO THE WEBSITE; IV) ANY OTHER VIOLATION, ALLEGED OR ACTUAL, OF ANY THIRD PARTY RIGHT. YOU ARE SOLELY RESPONSIBLE FOR DEFENDING ANY SUCH CLAIMS, AND FOR PAYMENT OF LOSSES, COSTS, DAMAGES OR EXPENSES RESULTING FROM THE FOREGOING TO BOTH A THIRD PARTY AND TO THE SWEEPTOOLS INDEMNITEES IN CONNECTION THEREWITH. YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN APPROVAL OF SWEEPTOOLS, SETTLE, DISPOSE OR ENTER INTO ANY PROPOSED SETTLEMENT OR RESOULTION OF ANY CLAIM (WHETHER HAVING BEEN FINALLY ADJUDICATED OR OTHERWISE) BROUGHT AGAINST YOU, IF SUCH SETTLEMENT OR RESOLUTION RESULTS IN ANY OBLIGATION OR LIABILITY FOR ANY SWEEPTOOLS INDEMNITEE. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TOU AND YOUR ACCESS AND/OR USE OF THE WEBSITE.
8.1 YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT ANY USE OF THE WEBSITE AND/OR THE CONTENT WILL BE AT YOUR OWN RISK. SWEEPTOOLS GIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR EXPLICIT, ABOUT THE WEBSITE, ITS CONTENT, NOR THAT ACCESS TO SUCH WEBSITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY OR SAFE IN ANY MANNER. TO THE FULLEST EXTENT PERMITTED BY LAW, SWEEPTOOLS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT, USER MATERIAL, TITLE, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE. SWEEPTOOLS STRONGLY RECOMMENDS THAT ANY INFORMATION AVAILABLE ON THIS WEBSITE IS VERIFIED BEFORE BEING RELIED UPON IN ANY WAY.
8.2 This Website may contain links to third party websites that are not owned or controlled by SweepTools. SweepTools has not reviewed, does not endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked website or included in any banner, advertising or other promotional material, and You agree that the purchase or use of any third party product or service is solely Your choice and at Your own risk. Access to any third party website from this Website is likewise Your choice and at Your own risk and SweepTools shall assume no responsibility for the content, privacy policies, or practices of any such third party websites.
8.3 SweepTools operates this Website from various locations and makes no representation that it is appropriate or available for use in all locations.
9.1 IN NO EVENT SHALL SWEEPTOOLS, ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE WEBSITE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE WEBSITE, (II) FOR ANY FAILURE OR INTERRUPTION OF THE WEBSITE; WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF SWEEPTOOLS OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 IN ANY EVENT, AND WITHOUT PREJUDICE TO THE ABOVE, SWEEPTOOLS’ TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY PART OR ALL OF THE WEBSITE, THE CONTENT OR USER MATERIAL IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO A HUNDRED ($100) UNITED STATES DOLLARS.
9.3 SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, SWEEPTOOLS’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10.1 These TOU and all other guidelines, rules and policies incorporated by reference constitute the entire agreement between You and SweepTools relating to their subject matter and cancel and supersede any prior agreements between You and SweepTools in relation to the Website. You acknowledge that You have read these TOU, understand them and agree to be bound by them. By Your continued use of the Website, You affirm Your willingness to be bound by these terms so if You do not agree with any of the terms of these TOU including the afore-mentioned guidelines, rules and policies, You should exit the Website, delete or destroy all Content and User Material which You have in Your possession and refrain from accessing this Website in the future. You may also be subject to additional terms and conditions that may apply when You use SweepTools Products or third-party products or services.
10.2 If any part of these TOU is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these TOU will not be affected.
10.3 These TOU are governed by the laws of Malta, and subject to the non-exclusive jurisdiction of the Maltese Courts. SweepTools shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the courts of the country in which You reside.
10.4 Rights and obligations under these TOU which by their nature are intended to survive termination, including without limitation the indemnification and limitation of liability provisions, will remain in full effect after termination or expiration of these TOU.
10.5 Any express waiver or failure to exercise promptly any right under these TOU by SweepTools shall not create a continuing waiver or any expectation of non-enforcement. Failure to comply to these TOU may lead to action being taken against You. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.
10.6 SweepTools may amend these Terms of Use, and any guidelines, rules and policies from time to time, and You agree to be bound by such amendments. Continued access to this Website will constitute Your acceptance of any changes to the TOU, so it is Your responsibility to review these TOU on accessing the Website. Each version of these TOU will be identified at the top of the page by its effective date. If You do not agree to any modification to these TOU, You must immediately stop using this Website. TOU amendments shall not apply retrospectively to pre-existing disputes.