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Terms & Conditions

1. Introduction

These Terms and Conditions written on this webpage (“Terms and Conditions”) shall apply to and govern your use of the S'well website located at swell.com, and any other site, mobile application or service where these Terms are posted or that link to these terms (together, the “Website”). By using this Website, you agree to accept and be bound by these Terms and Conditions, including our Privacy Policy https://swell.com/privacy-policy, which is incorporated by reference. You should not use this Website if you disagree with any of these Terms and Conditions. Minors under the age of 18 are not permitted to use this Website.

Can’t Live Without It, LLC d/b/a S'well Bottle (“S'well”) maintains the Website and reserves the right to modify or change the Terms and Conditions at any time. Please review the following Terms and Conditions carefully, and visit this page periodically for changes. Your continued use of the Website following the posting of changes constitutes your acceptance and agreement to the changes.

2. Intellectual Property Rights

All right, title, and interest in the Website and the content and the materials contained in the Website (“Website Content”), including all copyrights, trademarks, patents, or other proprietary rights therein, belong solely and exclusively to S'well and/or its licensors. You are granted a limited license only for purposes of viewing the Website Content when you use this Website and only to the extent that your use does not violate these Terms and Conditions. For information regarding our pending and registered patents for our products, please visit swell-ip.com.

3. Restrictions

You are specifically restricted from all of the following:
  • publishing any Website Content in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website Content;
  • publicly performing and/or showing any Website Content;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way which may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

4. User Content

In these Terms and Conditions, “User Content” shall mean any audio, video, text, images or other material you choose to post or display on this Website or on S'well owned or maintained websites and media channels such as Facebook, Twitter, YouTube, Instagram, Pinterest and/or Snapchat, or in S'well emails, e-blasts, newsletters, advertising, promotional and other marketing materials (together, “S'well Channels”), or that you tag with or about which you respond to S'well using the hashtags #yestoswell, #swellbottle, #swelladventures, #swellstyle, or #swell. By posting or displaying User Content to the Website or S'well Channels, or by tagging S'well as described above, you grant S'well a perpetual, royalty-free, non-exclusive, worldwide, irrevocable, sublicensable license to use, reproduce, adapt, publish, translate and distribute the User Content as well as your name, persona and likeness included in the User Content and your social media account handle, username, profile picture and/or any other information associated with the User Content, in whole or in part, for commercial or noncommercial purposes in any and all media whether now known or hereafter developed. S'well reserves the right to remove any User Content from this Website or from S'well Channels at any time without notice.

You represent and warrant that: (i) you are at least eighteen (18) years of age and have the full power and authority to agree to these Terms and Conditions; and the User Content is your own original creation and does not contain false or misleading information or infringe the intellectual property, privacy rights, or other legal rights of any third party. You hereby waive any claim of any nature you may have against S'well for the use of your name, image, and/or likeness, including, without limitation, any use that might be deemed to be a misrepresentation of you, your character, or your person. You acknowledge and agree that you will not receive any payment, royalties or other consideration for S'well’s use or non-use of your name, image, and/or likeness.

5. No warranties

This Website is provided “as is,” with all faults, and, to the maximum extent permitted by law, S'well and its officers, directors, employees, agents, representatives, subcontractors and suppliers hereby disclaim all warranties of any kind, whether express or implied, related to this Website or the materials contained on this Website.

6. Limitation of liability

To the maximum extent permitted by law, in no event shall S'well, nor any of its officers, directors, employees, agents and representatives be held liable for any special, incidental, direct, punitive, indirect, consequential or any other damages of any kind arising out of or in any way connected with your use of this Website or the S'well Channels, under any theory of liability, even if S'well has been expressly advised of the possibility of such damages.

7. Indemnification

To the fullest extent permitted by law, you hereby agree to indemnify and hold harmless S'well and its officers, directors, employees, agents and representatives from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions.

8. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

9. Changes to Terms

S'well is permitted to revise these Terms and Conditions at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis, and agree to the current Terms and Conditions as posted here and updated from time to time.

10. Assignment

S'well is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notice to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations hereunder.

11. Entire Agreement

These Terms and Conditions constitute the entire agreement between S'well and you in relation to your use of this Website, and supersede all prior agreements and understandings.

12. Governing Law & Jurisdiction

These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of New York and you submit to personal jurisdiction of the state and federal courts located in the county of New York for the resolution of any disputes.
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