Website Terms of Use
Welcome to Swan Studios. We maintain
this Web site as a service to our customers. By using our site,
you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. They do
not alter in any way the terms or conditions of any other
agreement you may have with Swan Studios for other services
purchased or otherwise obtained from us. Swan Studios reserves the
right to change or modify any of the terms and conditions
contained in the Site Terms or any policy or guideline of the
Site, at any time and in its sole discretion. Any changes or
modification will be effective upon posting of the revisions on
the Site. Your continued use of this Site following the posting of
its changes or modifications will constitute your acceptance of
such changes or modifications.
BY ACCESSING, BROWSING, SEARCHING, DOWNLOADING, USING, TRANSACTING
BUSINESS ON-LINE, OR PURCHASING FROM THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL POLICIES
AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO
NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO
NOT ACCESS, SEARCH, DOWNLOAD FROM, BROWSE, TRANSACT BUSINESS
ON-LINE OR OTHERWISE USE THIS SITE.
1. Copyright. The content, organization, graphics, design,
compilation, database information, selection, coordination, and
arrangement of the database, magnetic translation, digital
conversion and other matters related to the Site are protected
under applicable copyrights, service marks and other proprietary
(including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 3,
is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not
constitute a waiver of any right in such information and
materials.
2. Service marks. "Swan Studios" and our Logo are a service marks
of Swan Studios. Other service and company names mentioned on the
Site may be service marks of their respective owners.
3. Limited Right to Use. The viewing, printing or downloading of
any content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for
your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution). You may not
use or utilize framing techniques to enclose any service mark,
logo or other proprietary information (including the images found
at this Site, the content of any text or the layout/design of any
page or form contained on a page) without express written consent.
Further, you may not use any meta tags or other "hidden text"
utilizing the Swan Studios name or service mark without written
consent. Any unauthorized use of this Site will terminate the
permission or license granted by these Site Terms and may violate
applicable law including copyright laws, trademark laws, and
communications regulations and statutes.
4. Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
5. Indemnification. You agree to indemnify, defend and hold us and
our principals, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorneys' fees, related to your
violation of these Site Terms or misuse of the Site.
6. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE
IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND
WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR
DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE
PURCHASE PRICE YOU PAY FOR ANY SERVICES OR INFORMATION.
Swan Studios RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT
CONTAINED ON THIS SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO
ANY SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME,
SERVICE MARK, NAME OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT
CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION
THEREOF BY Swan Studios.
7. Miscellaneous. This Agreement shall be treated as though it
were executed and performed in the USA, and shall be governed by
and construed in accordance with the laws of the USA (without
regard to conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information or services
related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. The
language in this Agreement shall be interpreted as in accordance
with its fair meaning and not strictly for or against either
party. All legal proceedings arising out of or in connection with
this Agreement shall be brought solely in the courts located in
the United States. You expressly submit to the exclusive
jurisdiction of said courts and consent to extraterritorial
service of process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such
provision.
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