SWEARNET UPLOADS: RULES & REGULATIONS
These Rules and Regulations are final on all matters relating to SwearNet Uploads (“Uploads”). All users agree to be bound by these Upload Rules and Regulations.
At SwearNet’s sole discretion, videos may be posted on swearnet.com and may be further used as stated herein or in the submission materials.
The sponsor of SwearNet Uploads is SwearNet.
Personal Information collected from Entrants by SwearNet will be used by SwearNet or its affiliates to administer Uploads and in connection with the publication of SwearNet. Neither SwearNet nor its affiliates will share personal information relating to Entrants with any third parties, except as necessary for the administration of Uploads or as may be required by law. SwearNet or its affiliates may contact the Entrant to administer Uploads or as may be required by law. SwearNet will respect the privacy of everyone who submits to Uploads.
If you have any questions about SwearNet’s use of your personal information, please contact SwearNet’s Privacy Officer by e-mail at email@example.com.
VIDEO UPLOAD REQUIREMENTS
Your video must be submitted as a QuickTime/MOV, WMV, MPEG, AVI electronically through the SwearNet website: swearnet.com.
Video submissions must meet the following requirements/guidelines:
Failure to comply with these guidelines may result in removal of the video and the immediate terminiation of your account without futher warning from SwearNet.
MATURE CONTENT: You understand that by using the Service and Products, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content of the Product or your interactions with other users in the course of using the Products. You agree to use the Service at your sole risk and that SwearNet shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable.
PRODUCT REQUIREMENTS: Use of the Service and/or Products requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because use of the Service and/or Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the information page for each Product. Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. SwearNet does not assume any responsibility or liability for any such fee, account or third party software or content.
If you encounter a technical difficulties or encounter any other issue with the purchase, download or activation of a Product, contact the Support Desk.
ENTRIES AND INDENTIFICATION
Entries must be uploaded using the User Uploads page on Swearnet.com
By uploading, Entrant warrants that his or her Submission and all elements thereof satisfy the content guidelines set forth above including, without limitation, warranting that the elements comprising the Submission: (i) are the original work of Entrant; (ii) to the Entrant’s best knowledge have not previously been published (iii) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (iv) are not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the Entry or elements therein; (v) have obtained all permissions required to submit the Entry and can provide such permissions using forms that will be provided by Sponsor; (vi) do not contain any content that is racist, illegal, or encourages violence
Your participation in and access to the Uploads is strictly at the discretion of SwearNet and may be revoked at any time without cause and without notice. SwearNet reserves the right, in its sole discretion, to use or not to use any videos submitted to the Uploads. You agree not to upload, post or transmit to or distribute or otherwise publish through the Uploads any materials which (i) restrict or inhibit any other person from submitting to Uploads, or contain a virus, spyware or other harmful component, (ii) violate any laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Uploads or are libelous, defamatory or offensive.
For video uploads via internet/web capable mobile device submissions:
You must check the box confirming you have read the official Terms & Conditions; check the “Accept” box agreeing that SwearNet has all rights to the video submission; and click on the upload link. Attach your video to the automated upload window that opens.
Standard data rates may apply depending on the terms of your cellular service provider and are the sole responsibility of the Entrant. Please consult your cellular service provider regarding their pricing plans and charges relating to your participation in this Uploads via your mobile device.
You irrevocably assign to SwearNet all rights in any ideas or expressions of ideas that you submit through the Uploads. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to SwearNet through this Uploads will become and remain the exclusive property of SwearNet, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Swearnet’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person or entity. It also means that with the exception of your personal information, SwearNet has no obligation to keep your submissions confidential. Finally, you acknowledge that any ideas or suggestions that you submit, to the best of your knowledge, do not utilize proprietary or confidential information belonging to any other person or entity.
Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor and/or Administrator in its sole discretion, and must not: (i) include any trademarks, logos, or copyrighted materials not owned by Entrant or used without the relevant owner's express written permission (such as people’s names, famous names, company names, etc.); (ii) use any individuals’ names, in whole or in part without permission in a form acceptable to Sponsor; (iii) include any reference to any public figures; (iv) contain racist content of any kind; or content that promotes violence or harm to another living creature; (v) defame, misrepresent, or contain disparaging remarks about other people or companies (vi) make threats of any kind or that intimidates, harasses, or bullies anyone; (vii) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission; or (viii) violate any local, state, provincial, territorial, national or international law or post any content that would encourage or provide instructions for a criminal offense and be contrary to the public orders of the designated countries.
Finalists’ names and videos will be broadcast in a special live online video broadcast and will appear at swearnet.com. SwearNet reserves the non-exclusive right to publish any entry and/or use any entry in its promotional material at any time without further compensation to the entrants. SwearNet, promotional material shall include without limitation any print or electronic advertising or marketing material such as posters, online images, newspaper ads, television ads, e-mails and social media content.
SwearNet is not responsible for any failure of the website. Nor is it responsible for any problems or technical malfunctions of computer online systems, servers, access providers, computer equipment, software or any e-mail, online or internet entry lost due to technical problems or traffic congestion on the internet or at any website or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer or property related to or resulting from playing or downloading any material in the promotion.
SwearNet reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Uploads or any portion hereof at any time for any or no reason, or to remove any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes which, in Sponsor’s opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Uploads, (b) the Uploads or any website associated therewith (or any portion thereof) becomes corrupted, or (c) Uploads is otherwise not capable of running as planned. By uploading, Entrants agree to release and hold harmless Released Parties, from and against any and all claims, actions and/or liability for any violation of the Terms & Conditions by Entrants (including any warranties made by Entrants), any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or submission of an entry into the Uploads. The Released Parties are not responsible or liable for any incorrect or inaccurate Submission information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any Application to be received due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Uploads, or (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Submission and/or information. By making a submission into this Uploads, Entrants agree to comply with these Terms & Conditions.
By submitting to Uploads, and to the extent allowed by law, Entrants grant Sponsor, and each of its affiliates, licensees, promotional partners, and third party marketing entities the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Submission in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. Entrants waive and release SwearNet and each of its affiliates from any and all claims that Entrants may now or hereafter have in any jurisdiction based on any claims, including but not limited to “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of Entrant Submission without further notification or compensation to Entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the SwearNet and each of its affiliates, licensees, or any other person in connection with this Uploads, on the grounds that any use of any Submission, or any derivative works, infringe or violate any of Entrant’s rights therein. By submitting to Uploads, Entrants agree that the Sponsor and each of its affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Submission for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, to the Entrant to the extent permitted by law. SwearNet reserves the right, in its sole discretion, to disqualify any individual found tampering with the application process or otherwise interfering with the proper administration of the Uploads or violating these Official Terms & Conditions.
EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL TERMS & CONDITIONS, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS UPLOADS, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS SPONSOR AND ITS PARENT COMPANY, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE, WHILE PREPARING FOR, PARTICIPATING IN UPLOADS-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE UPLOADS, INCLUDING THESE OFFICIAL TERMS & CONDITIONS. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE UPLOADS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to participate in and provide content to Sponsor for purposes of the Uploads does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the participation in the Uploads, other than as set forth in these Official Terms & Conditions. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor's use of any Entrant’s materials submitted.
These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for breach of contract, tortuous conduct or otherwise) will be governed by the laws of the province of Nova Scotia, without reference to its conflicts of law principles. You agree to submit to jurisdiction in Nova Scotia and further agree that any cause of action arising under this Agreement may be brought in a court in Halifax, Nova Scotia, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.
By participating in Uploads, each Entrant agrees to be bound by these Rules and Regulations.
CHANGES AND TERMINATION
These Upload rules are subject to all applicable Canadian federal, provincial and municipal laws and regulations, and govern all aspects of Uploads. Upload rules are subject to change without notice if necessary to comply with any applicable law.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or SwearNet. You may also have additional rights under applicable law.
Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund of the purchase price paid for such Product, as determined by SwearNet in its sole discretion. SwearNet shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection. In some cases certain Products may be games that are still in development. You understand that in some instances Product release dates may be delayed and that release dates and times posted on the Service are only estimates, and you will not be entitled to any refund for a delayed product release date. Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence download of such Product. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and SwearNet shall be without liability to you in the event of any loss, damage or destruction. SwearNet encourages all its users to appropriately back up the Product files and any other elements associated with the Products.
No Ongoing Obligations. Notwithstanding any other provision of these Terms, SwearNet and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service, Products, and administering of our usage rules entails the ongoing involvement of SwearNet. Accordingly, in the event that SwearNet changes any part of the Service or discontinues the Service, which SwearNet may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that SwearNet shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although SwearNet may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Assistance with Orders. For assistance with billing questions or other order inquiries, please email us a firstname.lastname@example.org. If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page.
Refund Policy. Certain restrictions apply to sales of Products sold through the Service that might not otherwise apply to physical goods. Refunds will not necessarily be issued due to your dissatisfaction with the Product or if your computer does not meet the minimum Product requirements. If you feel you qualify for a refund please contact Customer Service at email@example.com. Refunds will be issued solely at SwearNet's discretion. Two months after a purchase, it is no longer possible for us to issue refunds on payment processors like PayPal. So please contact as soon as possible.
TERM AND TERMINATION
Termination by SwearNet. If you fail, or SwearNet, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of fees due, failure to provide SwearNet with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, SwearNet, at its sole discretion, without notice to you may: (i) terminate these Terms and/or your download page, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). No such termination by SwearNet shall limit any other rights SwearNet may have in law or at equity.
Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to SwearNet. SwearNet reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or SwearNet will result in your permanent inability to access your download page and to download any Products associated therewith, and you will forfeit any right to any Products not already in your possession.
Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections (i) Electronic Signatures and Contracts; (ii) No Ongoing Obligations; (iii) Term and Termination; (iv) Disclaimer of Warranties; Liability Limitations; Indemnity; (v) Other Legal Terms; and (vi) Use of Our Service will survive, along with any other terms which by their nature are intended to survive.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
Disclaimer of Warranties. SWEARNET DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SWEARNET MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY SWEARNET) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Liability Limitations. IN NO CASE SHALL SWEARNET, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "SWEARNET PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SWEARNET PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE SWEARNET PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. By using the Service, you agree to indemnify and hold the SwearNet Parties harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
OTHER LEGAL TERMS
Changes. SwearNet reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service or Products. If we substantively amend these Terms, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. No SwearNet employee or agent has the authority to vary any of the Service's policies or these Terms governing any sale.
Enforcement of These Terms. SwearNet reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to SwearNet's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that SwearNet has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as SwearNet believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to SwearNet's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, SwearNet may provide links to certain third party websites. You acknowledge and agree that SwearNet is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. SwearNet does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
Intellectual Property Notice.
You agree that the Service (along with all text, code, graphics, sounds, screen shots, video clips, data, demos and content therein) and the Products are owned by SwearNet and contain proprietary information and intellectual property rights that are owned by SwearNet and/or its licensors, and are protected by applicable U.S. and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the Service or any Product, or to violate any agreement applicable to the use of such software, without the prior written consent of SwearNet. All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by SwearNet and/or its licensors. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. All copyrights in and to the Service, including but not limited to, the SwearNet Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by SwearNet and/or its licensors. SwearNet, the SwearNet logo, and other SwearNet trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of SwearNet in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SwearNet does not waive any rights to use similar or related ideas previously known to SwearNet, or developed by its employees, or obtained from sources other than you.
You agree to abide by U.S. and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any Product or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
SwearNet may send you notice with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Service. Notices shall become effective immediately. SwearNet's main offices are located at:
PO Box 38072 Burnside
Dartmouth, NS B3B 1X2
GOVERNING LAW; ARBITRATION
The Service is controlled and operated by SwearNet from its offices in CANADA. These Terms shall be governed by Canadian law and the laws of the Province of Nova Scotia, without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and provincial courts located in the Province of Nova Scotia. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.