The Swish Mobile application and its services are provided to you by Swish LLC, headquartered at 3288 Brookside Drive, Provo, UT, 84604, USA. Swish Mobile exists as a means to facilitate the creation and organization of pick-up sporting games between friends and community members. All physical and social risk associated with the activities facilitated by Swish Mobile are at the risk of the user, according to these terms and conditions. By downloading Swish Mobile (referred to as Swish), or creating an account, you agree to the terms and conditions of our services as outlined below.
Account Creation
Sign-up and Account Information
Our app is intended for use for persons of 13 years of age or older. By accessing or using Swish in any way you agree that you are of age. Users under the legal age to accept binding legal contracts represent their legal parent(s) or guardian(s).
Swish requires the legal names, email, and phone number (optional) of our users during the account creation process. For questions regarding the purpose and use of this information to our services, please view our Privacy Policy. By creating an account, you agree that all information provided in your account is legally accurate.
Account Usage
Swish is intended to be used solely by the owner of the device on which the app is downloaded. You assume the liability of all persons who access the app on your device either by your lending of the device or the misplacement of your device.
Participation of friends and peers is an inherent aspect of pick-up sporting games. Swish provides the services that facilitate the creation and joining of these games. We understand that non-Swish users may participate in a game hosted on the Swish app via an invitation from a Swish user. By informing, inviting, or assisting in any way, other individuals to participate in these pick-up games, you are accordingly assuming all risk to these individuals.
Swish LLC will pursue thorough measures to keep all information regarding account usernames and passwords secure. Account passwords will not be divulged to other users for any reason. Though safe storage measurements will be taken, users accept the possibility of disbursement of their account, be it through information leaks, third-party penetration, or any other measure.
Account Deletion
At any point, users have the right to request the deletion of their account. Users must write an email to mark@swishfinder.com requesting the deletion of their account along with the reason for deletion. Deletion requests will always be permitted. Users recognize they may be sent follow-up questions for App improvement purposes, however, response to follow-up questions is voluntary. You agree that though the account may be deleted, screenshots or other content (see definition below) generated on your account may still be used on social media or other online channels for informative or promotional measures.
Content and Conduct
Content
Swish recognizes content to include all usernames, game titles and descriptions, group names and descriptions, and comments and messages, and profile pictures. You own the content created by your account on the Swish app. Swish reserves the right to use, recycle, or publish any content for marketing, informational, and promotional measures.
Messaging
Messaging is a fundamental of Swish interaction. You agree to be appropriate in all forms of messaging. Any form of harassment or bullying in any means is strictly prohibited. Swish will enforce the regulation of messaging. Swish is not liable to any damage done through misuse of messaging.
Appropriate use of Content
As the most important and preliminary rule of conduct, Swish users agree to create conduct that is positive, objective, informative, appropriate, and friendly. You agree to avoid all creation of hateful, racist, sexist, inappropriate, harassing, or harmful content. ALL FORMS OF PROFANITY ARE STRICTLY PROHIBITED. You agree to not create any content that intentionally harasses others on any basis.
You assume the risk that inappropriate uses of content directed toward you may occur. Swish is not liable for any risk or negative outcome resulting from a user’s misuse of content. Swish will monitor content and filter through observed misuses.
We reserve the right to prosecute any user who misuses the creation of content. We reserve the right to delete your account for the misuse of content.
As a core part of the Swish app, users create and post sporting games to be joined by others. You agree that by creating a game on Swish, you share your knowledge of sporting locations with all other Swish users for their possibly desired reuse. Locations of private sporting facilities, both residential and commercial, may be viewed by other Swish users. You agree to the potential sharing of these location, including any under your possession.
Legal Conduct
You agree to avoid any form of copying, deriving, or reverse engineering the codebase for the Swish App. You agree refuse any third-party access to Swish. You agree to avoid altering or hacking in anyway the codebase for Swish.
You are strictly prohibited from seeking to disrupt, alter, or distort in any way the services offered by Swish. You are prohibited from using the app to store, transmit, or communicate any illegal, harmful, or inappropriate material.
You are strictly prohibited from using the app to continually monitor the location and habits of other users. You are restricted from “stalking” any other user. You are restricted from creating false games and inviting other users to join in order to harm them in any way. Swish is not liable for any harm or damage done to users who join fake games or are victims of these prohibited behaviors.
Game Play
At the core of Swish’s services is the creation of pick-up sporting games. You agree to conduct yourself appropriately, peacefully, and respectfully when playing in any of these games. You agree to avoid all forms of bullying or harassment. Excluding on basis of race, sex, religion, or other means is prohibited. When a private Swish game is being played, swish players are not obligated to include others who have not joined that game using the app. Swish users are free to create private games. Swish games hosts may invite or not invite others at their own discretion.
While playing in organized sporting games, injuries may occur. You assume all risk of injury from Swish games. You assume all injury arising from violence caused by another Swish user during a game. Certain acts of violence may occur at the location of a Swish game, but unrelated to the game itself. You assume all risk of violence from choosing to play at the location of any Swish game. You assume all risk from traveling to and from the game.
App Functionality
Creating a Game
Swish users have the right to create games and invite their friends or make them open to the community. As a game host, you assume the risk of any damage done to a public or private location during a Swish game. You agree to only create games at locations to which you have legal access. Swish reserves the right to delete any game created on the app.
Player Groups
Users may form private and public player groups to facilitate game creation and social interaction. You agree to practice good ethics and respect for others in these player groups. Creators of private player groups may choose at their discretion which users to invite to the group.
Profile
Users will create a profile as part of the account creation process. To facilitate user interaction, game invites, and the formation of player groups, your account will be visible by other users. This includes the locations of your previous Swish games, your name, username, optional profile picture, and skill level.
You agree to post only APPROPRIATE PROFILE PICTURES. Any profile pictures including nudity, profanity, or hateful content will be removed. We reserve the right to delete your account for the use of inappropriate profile pictures. You agree to have your profile be seen by other Swish users. You assume the risk of exposure to undesired content, should you view a profile with unwarranted content.
Liability
Many of the major risks and liabilities associated with the use of Swish have been outlined above, some of which will be repeated below. You accept all risk, otherwise put, Swish will not be responsible for any harm, damage, or unwanted outcome resulting from:
- Divulgence of personal info to others, via third-party hacking, internal leaking, deceiving player message interactions, or any other means.
- Your location being made available to others as you join games, public or private. Other users may learn your location habits from games you play in often. You assume all risk of mal-intended individuals learning your location via your profile and Swish actions.
- Injury that occurs before, during, or after a Swish game. You assume all risk of injury or harm from playing in a Swish game.
- Your information being shared with other users. Your acquaintances may interact on Swish and share information about you with others. You assume all risk and harm that results from this possible outcome.
Resolving Disputes
Should any disputes about the terms and conditions arise, you agree to first attempt to resolve the issue by contacting Swish at mark@swishsportsapp.com. Good measure will be taken to communicate and resolve the issue before further legal actions will be taken.
Any dispute over Swish that is not communicated to Swish LLC within a week of the issue may be deemed invalid. You agree to not make claims, report disputes, or prosecute for any issue that was not properly communicated to Swish within a seven-day period. You agree to not make any false claims in any sense about Swish LLC.
Modification of Terms and Conditions
Swish reserves the right to modify the terms and conditions for use of Swish Mobile. Modifications will be communicated to the user seven or more days before the changes take effect.
Your Feedback and Reviews
We welcome your feedback and reviews of Swish. You agree to communicate appropriately and respectfully in all forms of feedback and reviews. Swish reserves the right to use, recycle, or post any formal and informal feedback given about the app. If you desire to keep feedback anonymous, you must specify when giving the feedback.
Contact Information
For all questions regarding the terms and conditions, privacy policy, or general uses of the app, please contact mark@swishsportsapp.com.