Star Wars Actors Guild 77 (SWAG77)
Terms of Service
Last Updated: June 8, 2021
We (the folks at Ariafya LLC) are on a mission to make Star Wars fandom a better place. We hope you love our products and services — from website publishing tools to ecommerce solutions to security backup systems to management tools for distributed companies to the next great idea that we haven’t even thought of yet — as much as we love creating them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and
responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in
Section 16. If you don’t agree to these Terms, don’t use our services.
Terms of Service
These Terms govern your access to and use of the products and services we provide through or for SWAG77.com, WordPress.com, WooCommerce.com, WooCommerce Shipping & Tax, Jetpack.com, and Jetpack CRM (collectively, “Services”).
For some of SWAG77’s other products, services, and programs, such as Akismet,
Crowdsignal, Newspack, WordPress.com VIP, our Affiliate Program, and our Refer-A-Friend
Program, additional or separate terms may apply.
Please read these Terms carefully before accessing or using our Services. By accessing or
using any part of our Services, you agree to be bound by all of the Terms and all other
operating rules, policies, and procedures that we may publish via the Services from time to
time (collectively, the “Agreement”). You also agree that we may automatically change,
update, or add on to our Services, and this Agreement will apply to any changes.
- Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of
another person or entity, you represent and warrant that you’re authorized to accept the
Agreement on that person’s or entity’s behalf, that by using our Services you’re
accepting the Agreement on behalf of that person or entity, and that if you, or that person or
entity violates the Agreement, you and that person or entity agree to be responsible to us.
Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI).
All Automattic Services (except WooCommerce)
If you reside outside of the Designated Countries: Automattic Inc.
If you reside in the Designated Countries: Aut O’Mattic A8C Ireland Ltd.
WooCommerce Services includes WooCommerce, WooCommerce Payments,
WooCommerce Shipping, MailPoet, and any products or services purchased from
If you reside outside of the Designated Countries: WooCommerce, Inc.
If you reside in the Designated Countries: WooCommerce Ireland Ltd.
We refer to Automattic Inc., Aut O’Mattic A8C Ireland Ltd., WooCommerce, Inc., and
WooCommerce Ireland Ltd. collectively as “Automattic” or “we” throughout these Terms.
- Your Account
When using our Services requires an account, you agree to provide us with complete and
accurate information and to keep the information current so that we can communicate with
you about your account. We may need to send you emails about notable updates (like
We may limit your access to our Services until we’re able to verify your account information,
like your email address. When you create join our email, and other services, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully
responsible for maintaining the security of your account (which includes keeping your
password secure). We’re not liable for any acts or omissions by you, including any damages
of any kind incurred as a result of your acts or omissions. If you get fired because of a blog
post you write about your boss, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any
unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
If you’d like to learn about how we handle the data you provide us, please see our Privacy
- Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if
you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our
Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services
only if you can legally form a binding contract with us. In other words, if you’re under 18
years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
- Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code,
computer software, items for sale, and other materials) posted to or made available through
our Services by users or anyone else (“Content”) or on websites that link to, or are linked
from, our Services. We’re not responsible for any use or effects of Content or third-party
websites. So, for example:
We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any
We don’t endorse any Content or represent that Content is accurate, useful, or not
harmful. Content could be offensive, indecent, or objectionable; include technical
inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy,
publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content available on you post on our site, and any harm
resulting from that Content. It’s your responsibility to ensure that your post’s
Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or
downloading of Content, or for any harm resulting from third-party websites. You’re
responsible for taking the necessary precautions to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content that’s for sale through any of our Services is the seller’s sole responsibility,
so you must look solely to the seller for any damages that result from your purchase or
use of Content.
We are not a party to and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you
download, copy, purchase, or use.
- Fees, Payment, and Renewal
a. Automattic Fees
Fees for Paid Services. Some of our Services are offered for a fee, like WordPress.com
plans, WooCommerce themes or extensions, Jetpack plans, Jetpack CRM bundles,
the Payments feature WooCommerce Payments, Email, and domain registration and renewal (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for the Payments feature — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing. Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local, or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible
for paying all applicable taxes relating to your use of our Services, your payments, or your
purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time
(for example, if you contact your bank or credit card company to decline or reverse the
charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are
automatically renewed. This means that unless you cancel a Paid Service before the end of
the applicable subscription period, it will automatically renew, and you authorize us to use
any payment mechanism we have on record for you, like credit cards or PayPal, or invoice
you (in which case payment is due within 15 days) to collect the then-applicable subscription
fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a SWAG77 plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s) and manage subscriptions for SWAG77 Paid
Services by visiting your Manage Purchases page. For more information about how
SWAG77 subscriptions work, please see our Manage Purchases, Renewals &
Cancellations support page.
You can view your renewal date(s) and manage subscriptions for WooCommerce Paid
Services by visiting your My Subscriptions page. For more information about how
WooCommerce subscriptions work, please see our FAQs about WooCommerce.com
To review renewal dates and manage subscriptions for any other Paid Services, please consult the respective Service’s website or contact the support team.
You’ll need to check your email (including in spam or other filters) for any reminder emails
we might send you before your Paid Services renew.
Canceling Automatic Renewal. You can manage and cancel your Paid Services at the
respective Service’s website. For example, you can manage all of your SWAG77 plans
through your SWAG77 Manage Purchases page. To cancel a SWAG77 plan, go
to your Manage Purchases page, click on the plan you want to cancel, then follow the
instructions to cancel the subscription or turn off auto-renew.
For WooCommerce Paid Services, you can turn off auto-renew for each active subscription at your My Subscriptions page.
If auto-renew is successfully turned off, you’ll see the date on which your subscription
expires. If you have multiple Paid Services to cancel, repeat this process for each
Fees and Charges. We may change our fees at any time in accordance with these Terms
and requirements under applicable law. This means that we may change our fees going
forward, start charging fees for Services that were previously free or remove or update
features or functionality that were previously included in the fees. If you don’t agree with the
changes, you must cancel your Paid Service.
Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide
refunds if required by law. In all other cases, there are no refunds and all payments are final.
b. Fees Collected by Website Owners
Fees Paid to Websites or Website Owners. Website owners can sell items (goods,
content, services, etc.), offer subscriptions for their websites at specific price points and
intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner,
and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Automatic Renewal. Any recurring payments you make to a website owner (like a website
subscription) are automatically renewed. This means that unless you or the website owner
cancels your website subscription before the end of the applicable renewal period, it will
automatically renew. Your recurring payments are renewed for the same interval of time as
your original subscription period. For example, if you select an annually renewing website
subscription, you’ll be automatically charged by the website owner once each year. You can
view the renewal dates for your website subscriptions on your Other Site Payments page.
Canceling Automatic Renewal of Website Subscriptions. You can manage and
cancel your website subscriptions as described here at your Other Site Payments page. Click on the payment you want to cancel and follow the instructions. Repeat this process for each website subscription you want to cancel.
Refunds. We’re not responsible for refunding fees paid to a website owner because those
transactions are between website owners and their users. If you’d like to request a refund,
please contact the website owner. If you have a complaint regarding a website owner, you can contact us.
We love hearing from you and are always looking to improve our Services. When you share
comments, ideas, or feedback with us, you agree that we’re free to use them without any
restriction or compensation to you.
- General Representation and Warranty
Our mission is to make the web a better place, and our Services are designed to give you
control and ownership over your websites. We encourage you to express yourself freely,
subject to a few requirements. In particular, you represent and warrant that your use of our
Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all
applicable laws regarding online conduct and acceptable content, privacy, data
protection, the transmission of technical data exported from the United States or the
country in which you reside, the use or provision of financial services, notification and
consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of
Will not infringe or misappropriate the intellectual property rights of Automattic or any
Will not overburden or interfere with our systems or impose an unreasonable or
disproportionately large load on our infrastructure, as determined by us in our sole
Will not disclose the personal information of others;
Will not be used to sending spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to creating, distribute, or enable material that is, facilitates, or operates
in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or
otherwise attempting to derive the source code for the Services or any related
technology that is not an open source
- source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
a. SWAG77 Websites and Accounts
SWAG77 enables you to tell Star Wars fanfiction stories and publicly show your performances, and we would love for you, a fan, to join our method. A SWAG77 account also allows you to sign into some of our other Services.
SWAG77’s basic service is free, and we have features like exclusive and controversial content. We own our freely created content as parodies and hope you share posts on your website or social media. We also share posts from others sites of interest to storytelling, concepts, fan art, and opinions as a part of FAIR USE. However, be responsible for what you share. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) is not from our site.
If you believe our shares violates these Terms, please let us know.
License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely to provide and improve our products and services and promoting your website. This license also allows us to make any publicly posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other SWAG77 permission to share your Content on other SWAG77 websites and add their own Content to it (aka to “reblog” your Content), so long as they use only a portion of your post. They give you credit as the original author by linking back to your website, which the reblogging function on SWAG77 does automatically.
Removing Content. We may remove content because it is irrelevant to our business goals. But SWAG77 acknowledges that cached versions of the Content or references to the Content may not be immediately unavailable.
Web Traffic. We may use a third-party service to measure SWAG77’s audience and usage.
Prohibited Uses. SWAG77 Content and conduct will not intentionally violate the WordPress.com User Guidelines.
HTTPS. WordPress.com offers free HTTPS on all WordPress.com websites by default, including those using custom domains via Let’s Encrypt. By signing up and using a custom domain on WordPress.com, SWAG77 authorizes WordPress.com to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
Advertisements. WordPress.com may display advertisements on your website unless you have purchased a plan that includes the removal of ads.
Attribution. WordPress.com may display attribution text or links in your website footer or toolbar, noting that the SWAG77 website is powered by WordPress.com or attributing the creator of the SWAG77 theme, for example.
WooCommerce is an open-source, customizable eCommerce platform. The Services we offer at WooCommerce.com give you the power to sell your products and services in whatever way SWAG77’s business needs.
Our use of certain Services offered via WooCommerce.com or WooCommerce Shipping & Tax, like those related to tax calculation, payment, and shipping, may require Jetpack to function. We enabled those features, the Jetpack-specific terms also apply.
Compatibility, access, updates, and support. When you purchase Paid Services for WooCommerce, you’ll receive access to any necessary downloads along with updates and support for those Paid Services for a period of one year, starting on the date of your purchase. Once your year is up, you’ll need to renew your subscription if you’d like continued access to updates or support or if you need to download any files again. Please see our Support Policy for more information.
Please note that extensions and themes are purchased and handled separately and may function independently. While many work well in tandem, that may not always be the case.
Jetpack is a plugin that connects our website to WordPress.com’s infrastructure to give you powerful WordPress.com features. To take advantage of the performance-boosting features of Jetpack, certain information about the Content, settings, and setup of your website are synced with our servers, as described on our What Data Does Jetpack Sync? Support page. Any content you publish on a self-hosted website connected to Jetpack (“Jetpack Content”) remains under your ownership and control.
License. SWAG77 has granted WordPress.com a worldwide, royalty-free, transferable, sub-licensable, non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, publish, copy, and store Jetpack Content improve our products and services, and promoting your websites. This license also allows us to make any publicly posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
Prohibited Uses. Your website and Jetpack Content must comply with Jetpack’s Service Guidelines.
d. Jetpack CRM
Jetpack CRM is an open-source, customizable customer relationship management tool built specifically for WordPress sites. Jetpack CRM core is free to install, and you can extend the functionality by purchasing premium extensions.
VaultPress is a subscription-based security and backup service for self-hosted WordPress websites. VaultPress will back up your WordPress content (e.g., your WordPress database, plugins, themes, and uploads, as well as some additional files, as described in this introduction to VaultPress) (“VaultPress Content”).
Access. If you lose access to your WordPress.com account, you may not be able to access your VaultPress Content.
License. By using VaultPress, you grant us access to your website’s servers for the purpose of backing up and securing your VaultPress Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). To address security vulnerabilities, we may automatically update your version of VaultPress, or access your website to remove malicious code. We may also manually access your site to troubleshoot your support requests, or if there’s an emergency. You agree that we may scan your website and compile aggregated/anonymized statistics for our internal use to optimize the VaultPress service.
You also grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, and store your VaultPress Content for the purpose of operating and improving our products and Services
f. Ecommerce Services
There are certain features offered via WooCommerce, WooCommerce Shipping & Tax, WordPress.com, and Jetpack that enables SWAG77 to sell items (goods, content, services, etc.) or receive payments on your website, like WooCommerce Payments, Store, the Payments feature, and the Pay with PayPal block (collectively, “Ecommerce Services”).
If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use.
SWAG77’s responsibilities. SWAG77 has control over our store, and with great power comes great responsibility. That means we are solely responsible for all of your eCommerce activities, including managing subscriptions for our website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
- WordPress.com is not involved in our relationships or transactions with any customer or potential customer.
- SWAG77 may only use Ecommerce Services for legitimate transactions with our customers.
- SWAG77 must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties we’ve made. For example, if SWAG77 likes to offer subscribers a new post each week for contributing to your site via Payments, but aren’t sure if we will be able to post that frequently, SWAG77 will be clear that weekly posts are a goal and not a guarantee.
- SWAG77 is responsible for the nature and quality of the products or services we provide, and for delivery, support, refunds, returns, providing any appropriate warnings and for any other ancillary services, we provide to our customers.
- SWAG77 is responsible for resolving all support questions, comments, and complaints, including chargebacks and pricing questions. We must provide contact information so customers can contact us with questions or complaints.
- SWAG77 will maintain a fair return, refund, cancellation, or adjustment policy, and we clearly explain how customers can request a refund.
- SWAG77 is responsible for acquiring appropriate consent to submit charges through WooCommerce Payments on our customers’ behalf, giving customers confirmation or receipts for each charge, verifying customers’ identities, and determining a customer’s eligibility and authority to complete transactions.
- If we believe that a transaction may be erroneous or suspicious, we will research the transaction and, if necessary, contact your Customer before fulfilling or completing the transaction.
- If we have transactions with individuals (i.e., consumers), we specifically agree to provide consumer disclosures required by law and to not engage in unfair, deceptive, or abusive acts or practices.
- SWAG77 is financially liable for disputes (including chargebacks), refunds, reversals, or fines that arise from our use of Ecommerce Services.
- You must ensure that any information we provide about our business, products, and services is accurate, complete, and current.
- We agree to promptly notify WordPress.com via email if we receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to our transactions.
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:
- Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
- If SWAG77 uses Ecommerce Services on WordPress.com, we will observe all WordPress.com User Guidelines and Store Guidelines.
- If we are using Ecommerce Services to sell CBD and other hemp-derived products via WooCommerce, you must follow the WooCommerce Guidelines for CBD and Other Hemp-Derived Products.
WordPress may terminate our access to their Services or force refunds (where possible) to our subscribers and customers without notice to SWAG77 if WordPress.com determine (in their sole discretion) that our use violates the Agreement, or if a payment processor or regulatory authority requires it.
Fees and Negative Balances. In some cases, SWAG77 pays WordPress.com fees relating to the Ecommerce Services that we use. For example, the fee for the Payments feature is a percentage of the revenue our website generates through the Payment feature. When we use the feature, you authorize Stripe to direct payment of that percentage to us. As another example, if you use WooCommerce Payments, there are transaction fees and dispute fees. Please note that WordPress.com has no obligation to reimburse or refund these revenue-based fees when issuing refunds to your subscribers or customers.
If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or WordPress is obligated to pay or collect any fees relating to our eCommerce activities or our use of Ecommerce Services, we’re responsible for those losses and fees, and WordPress.com may collect payment for those losses and fees.
Tax Calculations. SWAG77 is responsible for paying all applicable taxes relating to our eCommerce activities and your use of Ecommerce Services. We collect, report, and/or pay the correct amounts to the appropriate authorities if applicable. If needed, tell our customers about any taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes in transactions — for example, tax calculations may be provided by TaxJar — SWAG77 shouldn’t rely solely on these features. WordPress.com works to keep its documents and tools up-to-date, but tax laws change rapidly, and WordPress.com can’t guarantee that the tax calculation we receive through or in connection with WordPress.com Services is complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. WordPress.com recommends consulting with a tax professional for your specific tax situation to assess the tax rates we should charge.
More on Shipping Services Specifically. Our shipping Services allow you to check shipping rates or buy shipping labels from certain mailing services, like UPS, USPS, DHL, and Canada Post. We’re only an intermediary between you and these third parties; we aren’t involved in any way with your product or its shipment. We also don’t guarantee that the results you obtain from using these services (like rates, labels, or delivery timeframes) will be accurate or reliable.
You’re solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and any regulations imposed by the mailing service(s) you use. For example:
- If you use USPS postage, you need to comply with their shipping restrictions and mailing standards, among others.
- When using DHL’s services, you are responsible for compliance with all applicable DHL rules and terms, such as the DHL Express Terms and Conditions of Carriage.
9. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates copyright, please see the Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.
10. Intellectual Property
The Agreement doesn’t transfer any Automattic or third-party intellectual property to us. All right, title, and interest in and to such property remain (as between Automattic and you) solely with Automattic. Automattic, WordPress, WordPress.com, WooCommerce, Jetpack, Jetpack CRM, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Automattic (or Automattic’s licensors) and Disney Lucasfilm Star Wars. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Automattic or third-party trademarks.
SWAG77 may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion.
Our Services are provided “as is.” SWAG77 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither SWAG77 nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from or otherwise obtain content or services through our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.
16. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
17. Limitation of Liability
In no event will SWAG77 or its suppliers, partners, or licensors, be liable concerning any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period before the cause of action, whichever is greater. Automattic shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless SWAG77, its contractors, and its licensors. Their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims. Expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any eCommerce activities conducted through your or another user’s website.
19. US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.
20. Data Processing Agreement
If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please follow these instructions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Ariafya LLC and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement. It does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Ariafya LLC may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.