SWAY TERMS AND CONDITIONS OF USE

 

 

LINE Plus Corporation and/or its affiliates and subsidiaries (“LINE,” “we,” “our” or “us”) provide a social media app “Sway” designed as a forum for meeting new people and a place to have discussions, which is accessible via its application and/or website available at www.swaytime.me (the “Service”). These Terms and Conditions of Use together with the Privacy Policy and any additional terms and conditions, guidelines, policy or similar document released or uploaded by LINE set forth the terms between LINE and you regarding your use of the Service (collectively, this “Agreement”).  

 

1. 1. Acceptance of Agreement. 
1. 1.1 By creating an account on the Service, you confirm that you have read and agreed to be bound by this Agreement, and to receive communications from LINE. If at any time you do not agree to this Agreement, you must cease using the Service, and delete your account on the Service. 
2. 1.2 We may make changes to this Agreement from time to time whether to reflect changes in or requirements of the law, new features and/or changes in business practice. The latest version of this Agreement can be found within the app and/online via www.swaytime.me. We will notify you the effective date, details, reasons of such changes 7 days in advance of the changes. If the changes include material changes that affect your rights and obligations, we will notify you 30 days in advance of such material changes. If you continue to use the Service after the changes become effective, then it constitutes your acceptance of such changes. If you do not agree with the changes, you must stop using the Service. 
3. 2. Eligibility.  You must be at least 18 years of age (or the age of maturity in the country in which you reside if that happens to be greater than 18) to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:

• •  you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18);
• •  you are capable of lawfully entering into this Agreement; 
• •  you will not be violating any law or regulation of the country in which you are resident, and you will comply with this Agreement and all applicable laws and regulations;
• •  you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment; and 
• •  you have not had your account terminated by LINE or otherwise been barred from using the Service under applicable jurisdiction, such as appearing on the U.S. Treasury Department’s list of Specifically Designated Nationals or facing any other similar prohibition. 

1. 3. Your Account.  
2. 3.1 In order to use the Service, you need to provide information about yourself as part of the registration process, or as part of your continued use of the Service. You agree that any information you give to us will always be accurate, correct and up to date at all times. 
3. 3.2 You need to sign up and log in using your third party social networking service (e.g. Facebook, Google or other third party services that let you sign in using your exiting credentials with those services) (the “SNS”). We may receive information from such SNS in accordance with the terms and conditions of the SNS. When you sign in using your SNS account, the SNS will ask your permission to share your information you have provided to the SNS (such as your name and email address) to create your account. Please note that the information we collect from and through a SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with the SNS. Please note that the information a SNS has about you is obtained by the SNS independent of our Service, and we have no control over, and are not responsible for it.  
4. 3.3 Each account in the Service is for your exclusive use only. You may not transfer or lend your account to any third party nor may your account be inherited by any third party. 
5. 3.4 You agree and understand that you are responsible for maintaining the confidentiality of your account credentials together with all activities that occur under those credentials. If you think someone has unlawfully gained access to your account, please immediately notify us through the Contact Us form.
6. 4. Privacy.  We will process and protect your privacy and personal information in accordance with our Privacy Policy. Please read our policy on what information we collect and how we treat the information we collect from you, when you use the Service.
7. 5. Service Modification.  We reserve the right to modify, limit or discontinue the whole or part of the Service from time to time as we see fit and appropriate. We will provide you with notice if these actions materially affect your rights or obligations. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
8. 6. Term and Termination.  
9. 6.1 This Agreement commences when you create an account until terminated by either party.  
10. 6.2 You may terminate your account at any time, for any reason by: (i) deleting your account by contacting us through the Contact Us form, and (ii) withdrawing from using the Service and/or uninstalling the Service. 
11. 6.3 We may suspend or terminate your account, if it believes that you are violating or have violated the terms of this Agreement. We may also terminate your account that has been inactive for a period of one year or more, upon 30 days’ prior notice to you. 
12. 6.4 In the event of termination by either party, your right to use the Service expires with immediate effect and your terminated account will not be retrievable, even if you have accidentally terminated your account. To the extent permitted by applicable law, upon such termination, you will not be entitled to any refund for purchases. 
13. 7. SAFETY; YOUR INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT CARRY OUT ANY BACKGROUND CHECKS ON INDIVIDUAL USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF INDIVIDUAL USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON OR OFF THE SERVICE. WE, HOWEVER, RESERVE THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS (E.G. SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. 
14. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN ACTIONS. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE THE SERVICE OR MEET IN PERSON. YOU AGREE YOU WILL NOT PROVIDE YOUR FINANCIAL INFORMATION, OR SEND MONEY TO OTHER USERS. IF YOU SEE ANY INFORMATION OR CONTENT ON THE SERVICE THAT VIOLATES THIS AGREEMENT, PLEASE IMMEDIATELY NOTIFY US THROUGH THE CONTACT US FORM.

1. 8. Rights LINE Grants You.  
2. 8.1 We grant you a personal, royalty-free, non-assignable, non-exclusive, non-sublicensable, revocable license to use the Service. This license is for the sole purpose of enabling you to use and enjoy the Service, in the manner permitted by this Agreement. Your right to use the Service is limited by the terms set forth in this Agreement. 
3. 8.2 Except for your pre-existing rights and this license granted to you, we retain all right, title and interest in and to the Service, including all related intellectual property rights. 
4. 8.3 You will not and will not permit or authorize any third party to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is explicitly provided in this Agreement or required by applicable law. 
5. 8.4 LINE reserves the right to take any available legal action in response to your illegal and/or unauthorized use of the Service, including termination of your account. 
6. 9. Rights You Grant to LINE.  
7. 9.1 You retain copyright and any other rights you already hold in the content which you submit, post or display on or through the Service (the “Content”). To the extent permitted by applicable law, by submitting, posting or displaying the Content, you grant to us a worldwide, transferable, sub-licensable, royalty-free license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Service. LINE’s license to the Content shall be non-exclusive, except that LINE’s license shall be exclusive with respect to derivative works created through use of the Service. You confirm and warrant to us that you have all the rights, power and authority to grant the above license. 
8. 9.2 You agree that any Content you submit, post or display on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service. 
9. 9.3 We may check the details of the Content you submitted, posted or displayed when we believe that the Content may violate applicable laws or provisions set forth in this Agreement. However, we are not obligated to conduct such investigations. 
10. 9.4 If we believe that you have violated or may violate applicable laws or provisions in this Agreement related to the Content, then we may preclude your use of the Content in certain matter, such as deleting the Content without prior notice. 
11. 10. Content and Activities.  

1. 10.1 The content submitted, posted or displayed by the use of the Service is entirely the responsibility of the person whom such content is originated. You use the Service at your own risk and understand that by using the Service, you may be exposed to the contents that are offensive, harmful, indecent or otherwise objectionable. We do not endorse any content and expressly disclaim any and all liability in connection with any and all contents submitted, posted or displayed by the use of the Service. You hereby release and discharge LINE from any and all claims and demands arising out of or relating to any content. 

1. 10.2 You are personally responsible for your use of the Service and you must conduct yourself in a lawful and respectful manner. You agree not to submit, post or display any content on the Service that violates the rights of LINE or any other third party, any applicable law, or any content prohibited under this Agreement. We reserve the right to terminate your account if you have violated this Agreement, misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off the Service. By creating an account and using the Service, you agree that you will not engage in any of the following activities: 

• •  Using the Service for any purpose that is illegal or prohibited by this Agreement;
• •  Encouraging or promoting any activity that violates this Agreement;
• •  Altering or modifying any part of the Service through any technology or means other than authorized means designated by LINE;
• •  Using any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproducing or circumventing the navigational structure or presentation of the Service or its contents;
• •  Using the Services in any way that could interfere with, disrupting or negatively affecting the Service or the servers or networks connected to the Service;
• •  Probing, scanning or testing the vulnerability of our Services or any system or network;
• •  Uploading viruses or other malicious code or otherwise compromise the security of the Services;
• •  Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Service;
• •  Using or developing any third-party applications that interact with the Services or other users’ content or information without our written consent;
• •  Doing any activities that infringe, impair or defame any person’s intellectual property rights, image rights, privacy or data protection rights, or any other rights granted by applicable law;
• •  Including within the content any grossly offensive material, violent, sexual or anti-social expressions, or expressions that lead to discrimination by race, national origin, creed, sex, gender, social status, family origin, and/or expressions that induce or encourage suicide, self-harm, or drug abuse;
• •  Bullying, stalking, intimidating, assaulting, harassing, mistreating or defaming any person; 
• •  Spamming, soliciting money from or defraud any users;
• •  Using another user’s account; 
• •  Creating another account if we have already terminated your account, unless you have our permission;
• •  Soliciting passwords for any purpose or personal identifying information for commercial or unlawful purposes from other users or disseminating another person’s personal information without his or her permission; and
• •  Using the Service or any content contained in the Service for any commercial purposes without our written consent.

1. 11. Other Users’ Content.  Although we reserve the right to review and remove any content that violates this Agreement, such content is the sole responsibility of the user who submit, post or display it, and we cannot guarantee that all contents will comply with this Agreement. If you see any content on the Service that violates this Agreement, please report it to us through the Contact Us form.  
2. 12. In App Purchases.  
3. 12.1 We offer products or services for purchase (the “In App Purchase”) through iTunes, Google Play or other application platforms authorized by LINE (each, an “App Store”). If you choose to make an In App Purchase, you will be prompted to enter details for your account with your App Store, and your account will be charged in accordance with the terms disclosed to you at the time of purchase as well as the general terms for the In App Purchase that apply to your account. Some App Stores may charge you sales tax, depending on where you live. 
4. 12.2 The In App Purchase cannot be exchanged, transferred to other users or used for any other purposes other than the ones offered by the Service.
5. 12.3 You may withdraw the In App Purchase within 7 days from the later date of either the purchase date or the date when the In App Purchase is made available. To the extent permitted by applicable law, you may not, however, withdraw your purchase in any of the following cases, except for any portion of divisible In App Purchase: 

• paid content immediately used or applied as soon as purchased;
• content used with additional benefit in the event that the additional benefit have already been used; or 
• there is any opening of the content that can be deemed as the efficacy at the time or opening or considered as used with opening act.

1. 13. Third Party Services.  The Service may contain third party content, advertisement, promotions and links to third party websites or applications that are not owned or controlled by us. We have no control over, and assume no responsibility for any information, content, statements, advertising, offers, representations, promotions, goods or services of any third party found in or through the Service, or found on any third party websites privacy policies, or practices of any third party websites. You expressly relieve us from any and all liability arising from your use of any third party websites or applications referred from the Service.  
2. 14. DISCLAIMER.  WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENTS CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (II) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (III) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. WE TAKE NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. 
3. 15. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LINE, ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE, OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF THE CONTENT. IN NO EVENT WILL LINE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO LINE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.  
4. 16. Indemnity and Release.  You agree to defend, indemnify and hold harmless LINE, its affiliates, subsidiaries, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or relating in any way to your use of the Service, the Content, or your breach of this Agreement. You are solely responsible for your interactions with other users of the Service. To the fullest extent permitted under applicable law, you hereby release us from any and all claims or liability related to any product or service you make or offer to the users, your statements, your action or inaction, including its failure to comply with applicable law and/or failure to abide by the terms of this Agreement, and any conduct or speech, whether online or offline, of any other user.
5. 17. Miscellaneous. 
6. 17.1 When we notify or contact you regarding the Service, we may use a method that we consider appropriate and is legal, such as posting notices within the Service. When you contact us, please use the Contact Us form. 
7. 17.2 This Agreement together with the Privacy Policy and any terms disclosed and agreed to by you contain the entire agreement between you and LINE regarding the use of the Service. 
8. 17.3 If any provision of this Agreement is held to be invalid, the remainder of this Agreement will continue in full force and effect.
9. 17.4 The failure of LINE to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
10. 17.5 The English version of this Agreement, regardless of whether a translation in any other language is or will be made, will be the only authentic one. 
11. 17.6 The laws of the Republic of Korea will apply to any disputes arising out of or relating to this Agreement or the Service without giving effect to the principles of conflicts of law. Any disputes concerning this Agreement or the Service will be subject to the exclusive jurisdiction of the Seoul Central District Court. 

 

Last Updated: September 30, 2019