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TERMS OF USE

Last modified: October 20th, 2020

These Terms of Use apply to the services offered by Sweep Lift, Inc. (“Sweep Lift”, “we” or “our”) in connection with the services and website www.sweeplift.com (collectively the “Site” or “Services”). Any individual who visits, views, accesses or uses any version of the Site, including directly or through other automated means, (“you” or “User”) is bound by these Terms of Use.

1. Users

If you do not agree to these Terms of Use, you are prohibited from accessing the Services and must immediately discontinue such access. By using our Services, you acknowledge that you have read, understood, and accept this agreement. We are unable to host any promotion directed to children under the age of thirteen (13) years of age, or in which such children may otherwise participate, and you are prohibited from designing such a promotion to be hosted on our Site. If you run such a promotion, be aware that the collection of personal information from children under the age of thirteen (13) years is governed by the Children’s Online Privacy Protection Act, and your failure to comply with that statute can subject you to severe penalties. By using the Services, you represent and warrant that you are at least thirteen (13) years of age and you hereby agree to be bound by all of the following provisions of these Terms of Use, which form a legally binding contract between you and Sweep Lift.

2. Services

Sweep Lift provides a software platform that creates white labeled web applications with an underlying integrated testing framework designed to run creative experiments with digital media assets in the form of a promotion. Sweep Lift software and Services are designed to allow media sponsors to gather personally identifiable information from Users who choose to enter a particular promotion together with anonymous data regarding the promotion itself. This data is gathered for use by the media sponsors for various marketing purposes, including targeted marketing of its products.

3. Changes to this Agreement

As our Services grow, these Terms of Use will change with it. If we do change, we will notify you by sending an email, or by posting a prominent notice on our Site. We will also update the date posted at the top of the page. Any minor, non-material changes or clarifications go into effect immediately. Any material changes go into effect 30 days after we provide notice.

4. Sweep Lift and Third Parties’ Websites and Services

Promotion content may contain links to third party websites that are not owned or controlled by Sweep Lift and, in order to access some features of a promotion which are provided by, with or through a third party, you may have to create an account with such third party and/or enter into a separate commercial relationship with such entity. Sweep Lift has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any third party website or services. In addition, Sweep Lift is not able to censor or edit the content of any third party website or service, and its ability to control the content of a third party website is limited by the terms of our agreements with such third parties. While Sweep Lift requests its third parties comply with Federal Trade Commission rules and regulations for advertising and marketing on the internet, as a practical matter, Sweep Lift has no independent means to verify such content compliance. You expressly relieve Sweep Lift from any and all liability arising from your use of any third party website or service. Accordingly, we encourage you to be aware when you access some features of a website or services which are provided by, with or through a third party, to read the terms and conditions and privacy policy of each third party’s website and service that you access.

Promotions and media sponsors distribute promotions and other media utilizing tools/ services offered on the sites and Users may enter or engage with such promotions and media. If you are a User, you acknowledge to Sweep Lift that you understand that media sponsors are responsible for promotions and media distributed through the site and for ensuring that such promotions and media comply with all applicable laws, rules, and regulations. If you enter a promotion, you should carefully review the official rules of the promotion including any applicable privacy policy, these Terms, and any additional information or links provided in the media sponsor’s terms of use. You are required to agree to the media sponsor’s official rules including all linked terms, conditions, and policies before entering any promotion. You acknowledge that Sweep Lift is not responsible or liable for the failure of any media sponsor or third party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion. You acknowledge and agree that Sweep Lift does not sponsor, administer or endorse, and is therefore not liable for, the content of any promotion or media distributed through the Site. Media sponsors may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Sweep Lift may also use any information you provide consistent with our privacy policy and these terms. You acknowledge and agree that Sweep Lift is not responsible or liable for media sponsor’s use or distribution of information you provide. Please see each media sponsor’s promotion rules and privacy policy for details on how each media sponsor uses your personal information. You further agree to hold harmless Sweep Lift and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service. Your agreement to hold us harmless includes, without limitation, all of your claims related to the posting or removal of content, or entries to or from the Site.

5. Social Media

Sweep Lift may provide you the option to connect your Sweep Lift account to an account on a social networking website, including but not limited to, Facebook, Google and Apple for purposes including logging in, uploading information or enabling certain features on the Site. When enabling this feature, we will disclose to you the information we collect from the social networking website and will only use such information in compliance with our Privacy Policy. By connecting your Sweep Lift account to your account on any social networking website, you hereby consent to the continuous release of information about you to Sweep Lift. We will not send any of your Sweep Lift account information to the connected social networking website without first disclosing that to you.

Each social network website may further allow you to set privacy controls around your information on their system, and Sweep Lift’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change in accordance with the terms of this Agreement, and the terms of use of the relevant social networking website.

6. Contribution License

You may be offered the opportunity to contribute content or feedback to the Site. You grant to Sweep Lift, and you represent and warrant that you have the right to grant, to Sweep Lift an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through and media channels.

This license apply will to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide to Sweep Lift. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.

Sweep Lift does not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights, or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the Site. You are solely responsible for your contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. Sweep Lift has the right, in our sole discretion, i) to edit, redact, or otherwise change any contributions, ii) to re-categorize any contributions to place them in more appropriate locations on the Site, and iii) to pre-screen or delete any contributions at any time and for any reason, without notice. Sweep Lift has no obligation to monitor User contributions.

7. Data Privacy

Sweep Lift will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy at https://www.sweeplift.com/privacy-policy for more information, which is incorporated into, and made a part of, these Terms of Use.

8. Ownership of Sweep Lift

Sweep Lift retains all rights (including Intellectual Property Rights as defined below), the title and interest in the Services, and all underlying technology and data. You will not permit others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the Sweep Lift’s technology or delete or alter author attributes or copyright notices. You shall use the Services solely for individual use and shall not share your Sweep Lift account and password with others.

Intellectual Property Rights means all intellectual property rights (through the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

9. Copyright Infringement Notices

Sweep Lift and its affiliates respect the intellectual property rights of others and asks those posting or transmitting any Content to or through the Services to do the same. If you believe that your work has been copied and/or infringed on this Site, you may notify Sweep Lift according to the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”) by sending the following information to Sweep Lift’s DMCA Registered Agent either by mail at 300 Delaware Avenue Suite 210-A, Wilmington DE 19801; or by email at info@sweeplift.com .

  • A description of the copyrighted work that you claim has been infringed;
  • Identification of the material you claim is infringing, including a description of where such material is located;
  • Your address, telephone number, and e-mail address;
  • A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

10. Consent to Communications

By using the Services, you consent to receiving certain electronic and SMS communications from Sweep Lift. you agree that any notices, agreements, disclosures, or other communications that we send to you electronically or via SMS will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with third parties. You can contact us by email at info@sweeplift.com. We will do our best to respond to your queries as soon as possible.

11. Notices

All notices to Sweep Lift must be in writing and must be sent by registered mail, certified mail, or overnight mail to 300 Delaware Avenue Suite 210-A, Wilmington DE 19801 with a return receipt requested.

12. Modifications and Interruptions

Sweep Lift reserves 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. Sweep Lift reserves the right to modify or discontinue all or part of the Site without notice at any time. Sweep Lift will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site and Services. Sweep Lift cannot guarantee the Site will be available at all times. The Site may experience hardware, software, or other problems or Sweep Lift may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

Sweep Lift reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this Terms of Use will be construed to obligate Sweep Lift to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

13. Warranties

You expressly agree that use of the Services and reliance on its content is at your own risk. Sweep Lift, its affiliates and their respective third-party licensors do not make any representations or warranties of any kind regarding the Site, the software, the Services, the Content, the materials, or the results that may be obtained from use of any of the foregoing. The Services are provided on an “As Is, As Available” basis, and Sweep Lift, its affiliates, and their respective third-party licensors specifically disclaim any and all express or implied warranties including, without limitation, the warranties of fitness for a particular purpose, warranties of merchantability and warranties of noninfringement. Sweep Lift and its affiliates make no representations or warranties, expressed or implied, to any actual or prospective User of our service; as to the advertised terms, if any; or as to the accuracy or completeness of any information. Sweep Lift reserves the right, in its sole discretion, to correct any error or omission on the Services or in the content. Sweep Lift does not make and expressly disclaims any representations, warranties, or guarantees to you regarding the service, including, without limitation, any representations, warranties or guarantees. For purposes of this warranty disclaimer, “third-party licensor” does not include you. Some states do not allow the disclaimer of implied warranties, so this statement may not apply to you.

14. Limitation of Liability

You use the Services at your own risk. Sweep Lift does not assume any responsibility for errors or omissions in the information, Site, Services or other documents, including User Content, which is referenced by or linked to. In no event shall Sweep Lift be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. In no event shall Sweep Lift be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Site or the Services including without limitation to losses incurred due to:

  1. The design, administration, management and operation of any promotions;
  2. The failure of any media sponsor to award or fulfill a prize, or otherwise operate a promotion in accordance with the applicable rules;
  3. Any inaccurate information published on the Site or Services;
  4. Your business dealings with any media sponsors, Users, third party advertisers or marketing affiliates;
  5. Damages or losses of any kind, including, without limitation, injuries or death, resulting from your use of the Services or participation in a promotion;
  6. Any actions you take in reliance upon any information provided by the Site or Services;
  7. Any other damages or losses you may incur in connection with your use of the Site or Services.

Sweep Lift is not responsible for examining or evaluating the business practices, actions, omissions, or services of media sponsors whose promotions are hosted on this Site, or the Users who enter such promotions. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MEDIA SPONSOR OR USER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SWEEP LIFT, ITS SUBSIDIARIES, REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a New Jersey resident, certain sections of these Terms of Service may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warrant, and Notice Act. Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

15. Indemnification

BY USING THE SITE AND/OR THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SWEEP LIFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICE AND ANY VIOLATION OF THESE TERMS OF USE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.

16. General Terms

16.1. Governing Law

These Terms of Use are governed by the laws of the State of New York without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Kings County, New York for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. Sweep Lift operates the Services from its offices in New York and we make no representation that the Services is appropriate or available for use in other locations.

16.2. Breach

You agree to indemnify, defend, and hold harmless Sweep Lift, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Site; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Content you upload to, or otherwise make available through, the Site; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using you’re a user profile and password. Sweep Lift reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Sweep Lift’s defense of that claim.

16.3. Force Majeure

If Sweep Lift cannot perform any obligation hereunder, including maintaining regular Services, as a result of any event that is beyond its control, including all possible acts of god, including pandemic, Sweep Lift’s delay or failure to perform such obligation shall be excused and Sweep Lift shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

16.4. Termination

You understand and agree that in Sweep Lift’s sole discretion, and without prior notice, your access to this Services may be terminated or suspended, and Sweep Lift may exercise any other remedy available and remove any Content, if it believes that your use of the Services and/or any Content or reference information you provide (a) violates (i) these Terms of Use, (ii) the rights of Sweep Lift, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Sweep Lift for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations without the requirement that Sweep Lift post a bond. Sweep Lift is not required to provide any refund to you if your use is terminated as a result of Sweep Lift’s determination, in its sole discretion, that you have violated these Terms of Use.

16.5. Binding Provisions

These Terms of Use shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Terms of Use or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by User without the prior written consent of Sweep Lift, which retains the right to withhold consent in its sole discretion.

16.6. Enforcement of Terms

You understand and agree that any individual or entity that violates any term of these Terms of Use is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract, including terms and conditions, terms of use and Terms of Use, asserted by such individual, entity or any affiliate thereof, as binding upon Sweep Lift or any of its affiliates

16.7. Entire Agreement

Except as provided herein, the terms and conditions of this Terms of Use constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Terms of Use.