Terms of Service

Welcome to SWiiRV, a social networking platform and marketplace designed to connect users both professionally and socially. By accessing or using our platform, you agree to be bound by these Terms of Service (“ToS”). If you do not agree to these terms, please do not use our platform.

1. Introduction

• Overview: SWiiRV provides users with tools to connect, share content, and engage in transactions in a B2B, B2C, and P2P marketplace. These terms govern your use of our platform.

• Acceptance of Terms: By using our platform, you agree to these ToS, as well as any additional guidelines, policies, or rules that we may post.

• Modifications: We reserve the right to update or modify these ToS at any time. You will be notified of any changes, and your continued use of the platform after such changes will constitute your acceptance of the new terms.

 

2. Eligibility

• Age Requirement: You must be at least 18 years old to use SWiiRV. By registering, you confirm that you meet this age requirement.

• Account Registration: To access certain features, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

 

3. User Conduct

• Prohibited Activities: You agree not to engage in any of the following activities while using SWiiRV:

  o Illicit Activities: Engaging in illegal transactions or communications, or any activity that violates applicable U.S. federal or California state laws.

  o Hate Speech: Posting or distributing content that promotes discrimination, violence, or hostility against individuals or groups based on race, religion, gender, sexual orientation, or any other characteristic protected by U.S. federal and California state laws.

  o Pornography: Distributing, posting, or sharing pornography or any other form of explicit content in violation of U.S. federal and California state laws.

  o Misinformation: Spreading false or misleading information that could harm others, including but not limited to fake news, deceptive statements, or unfounded claims.

• Content Guidelines: You are responsible for the content you post and must ensure that it complies with all applicable U.S. federal and California state laws, as well as these ToS. We reserve the right to remove any content that violates these guidelines or that we deem inappropriate.

• Marketplace Conduct: When engaging in transactions on the B2B, B2C, and P2P marketplace, you must act in good faith, provide accurate information, and honor your commitments. Misrepresentation, fraud, or any form of deceit is strictly prohibited.

 

4. User Content

• Ownership: You retain ownership of any content you post on SWiiRV. However, by posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, distribute, and modify your content in connection with the platform.

• Rights: We reserve the right to remove or modify any user content that violates these ToS, applicable U.S. federal or California state laws, or that we believe is inappropriate for the platform.

• Feedback: Any feedback or suggestions you provide regarding SWiiRV may be used by us without obligation to you.

 

5. Privacy Policy

• Data Collection: We collect certain personal data to provide and improve our services. Please review our Privacy Policy for detailed information on the types of data we collect and how we use it.

• Data Sharing: We may share your data with third parties in accordance with our Privacy Policy, including for legal reasons or to provide certain services.

• California Consumer Privacy Act (CCPA) Compliance: If you are a resident of California, you have specific rights under the CCPA, including the right to access, delete, or opt-out of the sale of your personal information. Please refer to our Privacy Policy for more details on how we comply with CCPA.

• Children’s Online Privacy Protection Act (COPPA) Compliance: We do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information.

• User Rights: You have the right to access, correct, or delete your personal data. Please refer to our Privacy Policy for more details.

 

6. Marketplace Terms

• B2B, B2C, and P2P Transactions: Transactions between users in the marketplace are conducted at your own risk. SWiiRV is not responsible for the quality, safety, or legality of the products or services offered.

• Fees and Payments: We may charge fees for certain transactions or services on the platform. All fees and payment terms will be disclosed at the time of the transaction.

• Dispute Resolution: In the event of a dispute between users, we encourage you to resolve it directly with the other party. We may, at our discretion, offer mediation services but are not obligated to do so.

 

7. Intellectual Property

• Platform Ownership: All content, features, and functionality on SWiiRV (excluding user content) are the exclusive property of Plus Alpha and are protected by copyright, trademark, and other intellectual property laws.

• Trademarks: The trademarks, logos, and service marks displayed on SWiiRV are our registered and unregistered trademarks. You may not use these marks without our prior written permission.

 

8. Third-Party Links and Services

• External Links: SWiiRV may contain links to third-party websites or services. We do not control these third-party sites and are not responsible for their content or practices.

• Third-Party Services: Certain services on SWiiRV may be provided by third parties. Your use of these services is subject to the third party’s terms and conditions.

 

9. Termination

• Account Termination: We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these ToS or applicable U.S. federal or California state laws.

• Effect of Termination: Upon termination, your access to the platform will be revoked, and we may delete any content associated with your account. We are not liable for any loss of data resulting from account termination.

 

10. Disclaimer of Warranties

• As-Is Basis: SWiiRV is provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied.

• Limitation of Liability: Plus Alpha will not be liable for any damages arising from your use of SWiiRV, including but not limited to direct, indirect, incidental, or consequential damages.

 

11. Indemnification

• User Responsibility: You agree to indemnify and hold Plus Alpha, its affiliates, officers, agents, and employees harmless from any claims, liabilities, damages, or expenses arising from your use of SWiiRV, your violation of these ToS, or your infringement of any third-party rights.

 

12. Governing Law and Arbitration

• Jurisdiction: These ToS are governed by and construed in accordance with the laws of the State of California and U.S. federal law, without regard to its conflict of law principles.

• Arbitration Agreement: Any disputes arising out of or related to these ToS or your use of SWiiRV will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA).

• Waiver of Class Actions: You and Plus Alpha agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this specific provision is found unenforceable, then the entirety of this arbitration clause shall be null and void.

• Arbitration Location: The arbitration will take place in Los Angeles, California, unless otherwise agreed by the parties.

• Exceptions: Notwithstanding the above, you and Plus Alpha both retain the right to bring an action in court for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

 

13. Miscellaneous

• Entire Agreement: These ToS constitute the entire agreement between you and Plus Alpha regarding your use of SWiiRV and supersede any prior agreements or understandings.

• Severability: If any provision of these ToS is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• Waivers: Our failure to enforce any right or provision of these ToS will not be deemed a waiver of such right or provision.

 

14. Contact Information

• Support: If you have any questions or need assistance regarding these ToS,
please contact us at info@swiirv.com/714-364-4060.