Terms and conditions
These terms and conditions (“Terms”, “Agreement”) are an agreement between MySway (“MySway”, “us”, “we” or “our”) and you (“User”, “you” or“your”). This Agreement sets forth the general terms and conditions of your use of the http://www.MySway.com website and any of its products or services (collectively, “Website” or “Services”).
Accounts and membership
You must be at least 14 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 14 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. Users under the age of twenty-one (21) will not be able to access our “Cannabis Culture,” “Dining,” and “Food & Beverages” section without consenting and confirming appropriate legal age on this website and app. If you do not agree to these terms or are younger than twenty-one (21) years of age, do not access the “Cannabis Culture,” “Dining,” and “Food & Beverages” section.
Prior to entering an agreement with a Brand, a fee for your influencer service must be agreed upon by both parties. The terms of said agreement must also be established (ie content of post, duration of post, and/or any other expectations by you and the brand. Upon acceptance of the agreement, brand is charged and the funds are held in escrow until the campaign is marked as complete by both parties. Following this, you will receive your agreed upon fee for the campaign.
MySway takes 5% commission from the influencer and charges 5% commission to the brand per each transaction. These values are subject to change without notice.
We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by MySway or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with MySway. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of MySway or MySway licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any MySway or third-party trademarks.
You agree to indemnify and hold MySway and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Agreement, please contact us.
This document was last updated on September 28, 2018