SwfShield Terms of Service

By accessing or using SwfShield, by signing up as a User of SwfShield you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using SwfShield. If you can not accept this Agreement, you may not access or use SwfShield.

SwfShield reserves the right to change the Terms and Conditions of the Agreement and such modifications shall be effective immediately. Users should visit this page periodically to review the Terms and Conditions because they legally determine the conditions under which they are allowed to use the Service. A User's continued access of this Web Site shall be deemed acceptance of the modified agreement.

1. Services Generally.

(a) Description. The Service is an online offering where individuals or entities (collectively, "Users") can protect SWF files against decompilation using tools provided by SwfShield.

(b) License. Users must purchase a license to use the tools in our Service to protect SWF files against decompilation. SwfShield retains the copyrights and all associated rights to the tools provided.

(c) Payment. Users must pay for the Service via credit card or other payment method authorized at the time of registration. If Users pay by credit card, they will be required to provide a valid credit card number and billing address when registering. Payment processing is provided by Plimus.

(d) Refunds. SwfShield has the right to cancel orders and provide a refund at any time.
SwfShield retains the right to modify or change this policy at any time without notice.

(e) Eligibility. To register as a User, you must be at least 18 years of age, accept the Agreement, and complete the registration procedure. By registering, Users represent and warrant that (1) they meet these eligibility requirements, (2) the information they include as part of the registration process is complete and accurate, and (3) if they are registering on behalf of an entity, that they are authorized to bind that entity to this Agreement.

(f) Permitted Uses. Users may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Web Site. Any use of the Web Site is at a Users own risk and responsibility.

(g) Prohibited Uses. Users may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Web Site. Users must comply with all applicable laws (including any applicable export control laws) in connection with using the Service. Further limitations may be set forth in any written or on-screen notice from SwfShield.

(h) Users agree not to transmit, distribute, post, communicate or store information on, to, or through the Web Site that:

(i) is copyrighted, unless Users are the copyright owner;

(ii) reveals trade secrets, unless Users own them;

(iii) infringes on any intellectual property, privacy, or publicity rights of others;

(iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to others;

(v) is sexually-explicit.

(2) Users further agree not to:

(i) use any incomplete, false, or inaccurate information for purposes of registering as a User;

(ii) delete or revise any information of another User or of SwfShield;

(iii) take any action that imposes an unreasonably large load on the Web Site's infrastructure;

(iv) attempt to interfere with the proper working of this Service;

(v) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Web Site other than with the search engines available from SwfShield and other commercially available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or

(vi) attempt to decipher, decompile, disassemble, or reverse engineer any of the software underlying the Web Site.

(3) Users are prohibited from attempting to violate the security of the Web Site, including:

(i) accessing data not intended for Users or logging into a server or account that Users are not authorized to access;

(ii) attempting to probe, scan, or test the vulnerability of the Web Site or to breach security or authentication measures;

(iii) attempting to interfere with the service of any user, host or network, including submitting a virus to, overloading, "flooding", "spamming", "mailbombing," or "crashing" the Web Site;

(iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or

(v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

(4) Violations of security of the Web Site may result in civil or criminal liability. SwfShield will investigate any violation and may cooperate with law enforcement authorities in prosecuting Users involved in such violations.

(d) Operation of Web Site. SwfShield reserves the right to terminate Users ability to communicate with, or post to, the Web Site at any time. SwfShield will take reasonable efforts not to disclose any information Users send to the Web Site. SwfShield may disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request.

(e) Accessibility. SwfShield shall not be responsible for any delays or interruptions of, errors, or omissions contained in the Web Site. Although SwfShield will use reasonable efforts to make the Web Site and Service accessible, SwfShield makes no representation, warranty or covenant that the Web Site will be available at any specific time since various circumstances may prevent or delay availability. SwfShield may discontinue or modify the Web Site, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. SwfShield shall not be responsible for any loss, cost, damage or liability that may result in such events.

(f) Termination of Access. SwfShield reserves the right to reject, cancel, or terminate Users access to the SwfShield website at any time without notice. Users agree that SwfShield shall not be liable to Users or any third party for any rejection, cancellation, or termination of such access.

3. Responsibility for Content

(a) Web Site. SwfShield shall not be responsible for any use that is or is not made of the Web Site. SwfShield makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Web Site. SwfShield does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he protects a SWF file at his own risk and that he is responsible for taking any actions necessary to determine whether its use will infringe any third party intellectual property, privacy, or publicity right.

(b) Downloads. SwfShield does not guarantee that data made available on the Web Site will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is Users responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.

4. Rights to Use.

(a) User Information. For any information or media provided by User in connection with use of the Service (collectively, the "User Information"), SwfShield has all rights necessary to use the User Information to provide the Service.

(b) User Ownership. Subject to Users compliance with this Agreement, User shall own the resulting protected SWF file created by the Service.

(c) SwfShield Ownership. The contents of this Web Site, including the user interface, text, graphics, logos, icons, movies, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of SwfShield and are protected by international copyright and trademark laws.

5. Privacy. SwfShield will use reasonable efforts to follow its privacy policy. Such privacy policy may be changed from time to time at SwfShield's sole discretion. SwfShield does not assume any responsibility or liability for any information submitted to the Web Site or for the misuse of any User Information submitted by Users or any other person, including any information accessed by a hacker or by any other malicious act.

6. Disclaimers; Limitations of Liability.

(a) Release from Claims. The Service serves as a venue for the protection of SWF files. SwfShield does not screen or censor any information or material posted to the Web Site. Although SwfShield makes reasonable efforts to determine the identity of Users, SwfShield does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release SwfShield from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.

(b) Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS." SwfShield MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE SERVICE. SwfShield DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. SwfShield SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SwfShield OR ANY THIRD PARTY. FURTHER, SwfShield DOES NOT WARRANT THAT THE SERVICE WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

(c) Limitation of Remedy. NEITHER SwfShield NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FORANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEB SITE OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.

(d) Exclusion of Consequential Damages. IN NO EVENT SHALL SwfShield OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE OR ANY OTHER CONTENT, EVEN IF SwfShield OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

7. Indemnification. Users agree to defend, indemnify and hold harmless SwfShield and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.

8. Termination. SwfShield reserves the right to terminate Users access to all or a portion of the Service without notice. In the event of such termination, SwfShield will determine the amount of any refund (if any) to be paid to User as a result of such termination. Should Users use of the Service result from a material breach of this Agreement, or any other agreement between SwfShield and User, User shall not be entitled to any refund.

9. Email communications. SwfShield will generally use email to communicate with User. By using the Service, Users agree to receive status notifications, and carefully selected special offers and promotions. Users personal identifying information will never be disclosed or shared with another party without Users explicit permission.

Any rights not expressly granted herein are reserved by SwfShield.