Terms of Use

1. Acceptance of These Terms

By accessing or using Swagzeum (the "Site," available at swagzeum.com and any related subdomains), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Site.

Swagzeum is operated by Aiuaina LLC, a California limited liability company. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Aiuaina LLC ("Swagzeum," "we," "us," or "our"). We may update these Terms; Section 17 explains how, and how we tell you.

2. Description of the Site

Swagzeum is a digital archive and community platform celebrating the material culture of the technology industry — showcasing tech swag, branded merchandise, and the stories behind them. The Site allows visitors to browse content without creating an account. Uploading or contributing content requires a registered account.

What a listing is, and is not. Swagzeum aims to preserve the history of the technology industry. A piece appearing on the Site is not a certification of its authenticity, value, ownership, or history, and it is not an appraisal or an offer to buy or sell it. Company names, logos, and trademarks shown in the collection belong to their owners; their appearance identifies or discusses historical items and does not mean the owner sponsors, endorses, or is affiliated with Swagzeum.

The physical item stays yours. Adding a piece to the Site creates a digital record. It does not transfer ownership or possession of the physical item to us. Please do not send us physical items unless we have agreed to it in writing first.

3. Account Registration and Access

Browsing: You may browse and view content on the Site without creating an account.

Uploading: You must create a registered account and be logged in to upload, submit, or contribute any content to the Site.

By registering an account, you represent that:

• You are at least 18 years of age, and have the legal capacity to enter into binding agreements in your jurisdiction.
• All information you provide during registration is accurate and current.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate any account at our sole discretion, with or without notice, for any reason.

4. User-Submitted Content

4.1 License Grant

By submitting, uploading, or posting any content to the Site — including but not limited to images, descriptions, text, recollections, tags, or other materials (collectively, "Content") — you grant Swagzeum a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, distribute, modify, and publish your Content in connection with operating and promoting the Site.

"Promoting the Site" means promoting Swagzeum itself — for example on the Site, in our emails, and in our social media posts. We will not sell merchandise bearing your Content, and we will not license your Content to others for their own advertising. The license covers only rights you own or are authorized to grant.

You retain ownership of your Content, subject to the license granted above.

4.2 Your Representations

By submitting Content, you represent and warrant that:

• You own the Content or have all necessary rights, licenses, and permissions to submit it and grant the license described above. Owning a physical item — a t-shirt, a brochure, a box — does not by itself mean you own the copyright in its artwork, so the rights you grant are only the ones you actually hold. Where your Content includes material created by others, you will tell us its source if we ask.
• Your Content does not violate any applicable law or regulation.
• Your Content does not infringe the intellectual property, privacy, or other rights of any third party.
• Your Content does not contain any information that is confidential, trade secret, proprietary, or otherwise protected by law from public disclosure.
• If your Content is a video piece, the video it links to is hosted on YouTube, its owner has allowed it to be shown on other websites, and presenting it on the Site does not infringe anyone's rights. Linking to a video does not give you rights in it that you do not otherwise have.

4.3 Optional Writing Help

The Site offers optional writing help that suggests revisions to text you are writing. Suggestions are produced automatically and may contain errors or statements that are not true. Review any suggestion before you submit it; what you submit is your Content and your responsibility under these Terms. Using writing help does not guarantee that your Content will be accepted, that it is original, or that it is free of anyone else's rights. Our Privacy Policy describes how the text is handled.

5. Prohibited Content

You agree not to upload, post, or submit any Content that:

1. Is harmful, hateful, or discriminatory — including content that promotes, glorifies, or contains racism, sexism, antisemitism, homophobia, transphobia, ableism, or discrimination or harassment based on any protected characteristic.
2. Is defamatory, harassing, or invasive of privacy — including false statements of fact about an identifiable person or company, content that targets or harasses a person, and disclosure of private facts about an identifiable individual without their consent. Honest accounts, opinions, and criticism — including of a product or company that failed — are part of tech history and are welcome, and naming colleagues in an ordinary story is fine.
3. Contains confidential or proprietary information — including trade secrets, non-public company information, internal documents, source code, another person's sensitive personal details (such as a home address, personal phone number or email, government ID, or financial or health information), or any information you are legally or contractually obligated to keep confidential.
4. Is sexually explicit or obscene.
5. Promotes violence or illegal activity.
6. Is spam, phishing, or otherwise deceptive.
7. Infringes any copyright, trademark, or other intellectual property right — including uploading content you do not own or have permission to share.
8. Is unrelated to the technology industry — Swagzeum is specifically focused on tech industry swag, branded merchandise, and associated stories and culture. Content unrelated to this focus is subject to rejection.
9. Contains malware, viruses, or harmful code.
10. Violates any applicable federal, state, local, or international law or regulation.

This list is illustrative, not exhaustive. We reserve the right to determine what constitutes prohibited Content in our sole discretion. Nothing in these Terms prohibits a review or other expression that applicable law protects.

5.1 Misuse of the Site

You also agree not to: access an account or data without authorization; bypass or probe the Site's security or access controls; impersonate another person; collect members' non-public information; use automated tools in a way that disrupts the Site or ignores any limits we publish; evade a suspension or ban; or knowingly file false reports through the Site's reporting channels.

6. Content Review, Approval, and Rejection

6.1 No Publication Guarantee

Submitting Content to Swagzeum does not guarantee that it will be published, displayed, or retained on the Site. All submitted Content is subject to review and approval at Swagzeum's sole and absolute discretion.

6.2 Who Reviews Content

Review may be carried out by Swagzeum, by any person or entity Swagzeum authorizes to act on its behalf — including curators, moderators, administrators, volunteers, contractors, and other roles Swagzeum may create — by automated systems, including artificial intelligence and third-party content-screening services, or by any combination of these.

Any of them may approve, reject, edit, or remove Content, and any such decision is a decision of Swagzeum for the purposes of these Terms. Content may be rejected, withheld, or removed by automated means without human review, and Swagzeum is under no obligation to provide human review of any decision.

6.3 Right to Reject Without Reason

We reserve the right to reject, withhold, remove, or decline to publish any Content at any time, for any reason or no reason at all, without notice and without liability to you. While we will generally reject Content that does not relate to the technology industry or that violates Section 5, we are under no obligation to provide an explanation for any rejection decision.

6.4 No Right of Appeal

Except as described in Sections 6.5 and 6.6 and in the copyright procedure in Section 12, you have no right to require us to publish or restore any Content, and we have no obligation to review or respond to any appeal of a rejection or removal decision. The copyright procedure in Section 12 is separate from these editorial decisions and is not limited by this Section. Nothing in these Terms limits any right or remedy that applicable law does not allow to be limited.

6.5 Curator Edits to Your Published Content

Curators may edit Content you have contributed after it is published — for example to correct a fact, fix formatting, or improve a photo's order. The edit takes effect immediately. When a curator edits your Content's details or photos, we tell you what changed: in a notice on the Site, which shows your deadline as it approaches, and by email if you have email notifications turned on. You have 14 days from the curator's change to accept it or contest it by submitting your own revision for review. Turning email notifications off does not change the 14 days — the notice on the Site is there either way. If you do neither within 14 days, the change stands as accepted. Updates made across the whole collection — for example when a company's name changes — may be applied without a separate notice. We may remove or restrict Content immediately, without this review period, where we believe the law, safety, or someone's rights require it.

6.6 Recollections

Members may add a recollection to a piece: a short, signed memory of the item itself — where you got one, what it meant to you, or that you had one too — or a word of appreciation for it. Recollections are about the swag, not about people. A recollection that is directed at a person — the contributor, another member, or anyone else — or that otherwise breaks Section 5 may be removed.

A curator may instead ask you to change a recollection. It comes off the piece until you change it and a curator has read the change. A request to change is not a removal and never counts toward the limit below. If you don't change it within 14 days, it stays off the piece, and you can still delete it.

Depending on how the Site is set at the time, a recollection may appear as soon as you post it or only after a curator has read it. A curator may decline a recollection before it appears, and a decline is treated as a removal under this Section. You may edit a recollection you wrote; while the Site is set to read recollections first, an edited recollection is read again before it reappears.

When a curator removes your recollection, we tell you why, on the Site and by email if you have email notifications turned on. You may appeal once, within 14 days of the removal, in your own words; a person — a curator — will read your appeal and answer, and that answer is final. Section 6.2's statement that we need not provide human review does not apply to that appeal. Where the words themselves are the problem — for example, someone's private details — we may erase them while keeping a record of the removal; erased words cannot be restored, even if the removal is later reversed. If the piece your recollection was on is later deleted, the record of the removal, and your right to appeal it within the same 14 days, remain.

If three of your recollections have been removed, you can no longer add or edit recollections. A removal counts from the moment it is made, including while an appeal is open. A removal that is reversed stops counting, and we may also stop counting a removal without restoring the recollection. A recollection declined before it appeared counts only if it was directed at a person, was harassing or hateful, shared someone's private details, or was spam; one declined for any other reason — for example, because it was not about the piece — does not count. You can still delete recollections you wrote, and the rest of your account is not affected.

We may also close recollections on any piece, or switch the feature off entirely, at any time. Switching it off does not shorten the time you have to appeal a removal. A recollection stays with its piece: if the piece is taken down or deleted, the recollection goes with it; otherwise what has been written stays unless it is removed or sent back for a change under this Section, or deleted by its author. Section 6.3 applies to recollections except that, as described above, we tell you the reason when one is removed.

7. Data Loss and Content Availability

7.1 No Guarantee of Storage

We make reasonable efforts to maintain the Site and preserve uploaded Content, but we do not guarantee the availability, integrity, or permanent storage of any Content you submit. Content may be lost, corrupted, or deleted due to technical failures, server errors, maintenance, security incidents, or other circumstances beyond our control.

7.2 Backup Responsibility

You are solely responsible for maintaining your own backup copies of any Content you submit to the Site. Swagzeum is not responsible for any loss, corruption, or unavailability of Content, regardless of cause.

7.3 No Liability for Lost Content

To the maximum extent permitted by applicable law, Swagzeum shall not be liable for any loss, damage, or harm arising from the loss, deletion, corruption, or rejection of any Content you submit, whether or not such loss was foreseeable.

7.4 Videos Hosted on YouTube

Video pieces play through YouTube. We keep a poster image and a reference to the video; the video itself stays on YouTube, and if its owner removes it, makes it private, or turns off embedding, it will stop playing on the Site. We are not responsible for a video's availability on YouTube.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWAGZEUM AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION OR REPUTATIONAL HARM, EMOTIONAL DISTRESS, OR SERVICE INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms limits any right or remedy that applicable law does not allow to be limited.

9. Indemnification

You agree to defend, indemnify, and hold harmless Swagzeum and its owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Site;
• Any Content you submit, upload, or post;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or confidentiality obligations;
• Any claim that your Content caused harm to a third party.

This indemnification obligation survives termination of your account or these Terms.

10. Third-Party Content and Section 230

The Site hosts Content submitted by members. That Content expresses its contributors' own views and memories, and publishing or editing it does not mean we endorse it or guarantee that it is accurate or lawful. We keep every defense and protection available to us under applicable law, including Section 230 of the Communications Decency Act (47 U.S.C. § 230) where it applies.

Embedded videos. Some pieces are videos hosted on YouTube and shown through YouTube's embedded player. We do not host those videos, and their content belongs to their owners, not to us. Your use of the player is subject to the YouTube Terms of Service and the Google Privacy Policy. If you believe an embedded video infringes your rights, you may contact us under Section 12 — we can remove the piece from the Site — and YouTube directly, which controls the video itself.

If you believe Content on the Site defames you, invades your privacy, or otherwise harms you, contact us at privacy@swagzeum.com with a description of the Content and its location. You do not need an account to do so. We will review it and may remove it at our discretion under Section 6. Removing Content is not an admission that it was unlawful, and declining to remove it is not an endorsement of it.

11. Intellectual Property — Our Content

All original content on the Site created by Swagzeum — including the name, logo, design, text, graphics, and software — is the property of Swagzeum and is protected by applicable intellectual property laws. You may not use, copy, reproduce, or distribute our content without our prior written consent, except as this Section allows.

You may browse the Site, link to any page on it, and share pages using the Site's sharing features. Content contributed by members belongs to them, and third-party material remains subject to its owners' rights and licenses. The open-source software and fonts the Site uses are listed, with their licenses, on our Credits & Licenses page. Nothing in these Terms limits rights you have under applicable law, such as fair use.

12. Digital Millennium Copyright Act (DMCA)

If you believe that Content on the Site infringes your copyright, please send a notice to us at the contact information below containing:

• Your name and contact information;
• Identification of the copyrighted work you claim was infringed;
• Identification of the allegedly infringing material and its location on the Site;
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act on their behalf;
• Your electronic or physical signature.

We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing material, and, where we can reach them, we will tell the person who posted it that we have done so.

12.1 Repeat Infringers

We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. We treat three separate instances of Content removed for copyright infringement as repeat infringement, and we may terminate an account at or before that point. We may also remove Content and terminate accounts at any time for infringement, whether or not the user is a repeat infringer.

A removal that we later reverse — including after a counter-notice, as described below — does not count toward this total.

12.2 Counter-Notice

If your Content was removed and you believe it was removed by mistake or misidentification, you may send us a counter-notice at the address below containing:

• Your electronic or physical signature;
• Identification of the Content that was removed and where it appeared on the Site before removal;
• A statement, under penalty of perjury, that you have a good faith belief the Content was removed as a result of mistake or misidentification;
• Your name, address, and telephone number;
• A statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who filed the original notice or their agent.

If we receive a valid counter-notice, we will forward it to the person who submitted the original notice. Unless they notify us that they have filed an action seeking a court order to restrain the allegedly infringing activity, we may restore the removed Content in 10 to 14 business days after receiving the counter-notice.

Knowingly misrepresenting that material is infringing, or that it was removed by mistake, may make you liable for damages under 17 U.S.C. §512(f).

DMCA Designated Agent
Copyright Agent
Aiuaina LLC
2625 Middlefield Road, #693
Palo Alto, CA 94306-2516
Phone: (502) 501-7924
Email: copyright@aiuaina.com

13. Privacy

Our Privacy Policy explains how we collect, use, and share personal information. It is a notice, not part of this agreement, and agreeing to these Terms does not replace any separate consent the law requires — where we need your consent, for example for newsletters if you do not have an account or, in some cases, analytics, we ask for it separately. Members receive launch updates automatically and can unsubscribe from any of them.

14. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Termination and Discontinuation

15.1 Your Access

We may suspend or terminate your access to the Site, including your account, at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site ceases immediately.

15.2 Closing Your Account

You can delete your account at any time from your Account page. You choose what happens to the swag you added: keep it in the museum without your name on it, or remove it as well. Some things are removed as soon as you begin, and the Account page lists them; the rest is deleted after a waiting period shown there, during which you can cancel. Content you keep in the museum stays under the license in Section 4. Our Privacy Policy explains what happens to your personal information.

15.3 Discontinuation of the Site

We do not guarantee that the Site will remain available indefinitely. We may change, suspend, limit, or permanently discontinue the Site, or any part of it, at any time and for any reason, with or without notice, and without liability to you. This includes taking the Site offline permanently and ceasing to display, host, or store any Content.

We may, but are not obligated to, provide advance notice or an opportunity to retrieve your Content before the Site or any part of it is discontinued. We are under no obligation to maintain the Site for any minimum period. See Section 7.2 regarding your responsibility for keeping your own copies of Content you submit.

15.4 Survival

Sections 4, 7, 8, 9, 14, 16, and 19 survive any termination of these Terms or discontinuation of the Site.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. You consent to the personal jurisdiction of those courts. Nothing in these Terms limits any right or remedy that applicable law does not allow to be limited.

17. Changes to These Terms

We may modify these Terms. Every change is posted on this page with a revised "Last Updated" date.

Substantial changes. When a change is substantial, we do not rely on you finding this page. The next time you visit the Site signed in, we show you a notice summarizing what changed and ask you to agree to the updated Terms. To keep using your account, you will need to agree. If you would rather not, you can sign out and continue to browse the Site as a visitor. We record when you agree and to which version.

Other changes — corrections, clarifications, and changes that do not reduce your rights — take effect when posted. If you keep using the Site after they are posted, the updated Terms apply.

18. Entire Agreement

These Terms constitute the entire agreement between you and Swagzeum regarding your use of the Site and supersede any prior agreements. Our Privacy Policy, described in Section 13, is a separate notice.

19. Severability and Assignment

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

20. Notice to California Users

Under California Civil Code §1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Contact

If you have questions about these Terms, contact us at:

Aiuaina LLC (operator of Swagzeum)
Email: admin@swagzeum.com