1. Terms
By accessing this website, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
Swirly’s™ and Swirly’s World are the property of Indigo Marketing Solutions Ltd. The terms of this privacy policy are administered by Indigo Marketing Solutions Ltd. hereinafter referred to as IMSL, on behalf of Swirly’s.
2. Use License
Permission is granted to view a copy of the materials (information or software) on IMSL’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software contained on Swirly’s website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or mirror the materials on any other server
3. User Content and Conduct
All information, data, text, messages and other materials and content (“Content”) that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Site are submitted at your own risk and are your sole responsibility. If you are posting Content generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not submit any Content that may cause harm or injury to any party.
You agree that you are responsible for your own conduct when using the Site. Misuse or unauthorized use of the Site or its contents (including any information, images or other materials on the Site) is strictly prohibited, and IMSL reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access by any user who is using, or who IMSL reasonably believes may be using the Site or its contents in violation of these Terms. You agree that you will use the Site, including all Content, only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Site, you agree not to:
- Copy, distribute or otherwise make available material from the site for commercial exploitation without the express written permission of IMSL
- Use the site in a way that could damage it or the material displayed on it
- Interfere with website security or the security of the linked websites
- Disrupt or interfere with another person’s use of the site
- Attempt to gain unauthorized access to the restricted areas of the site
- Upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of our networks connected to the site
- Violate or infringe any right of any third party
We may, but are under no obligation to monitor, review or log any activity or use of the Site. You consent to any such monitoring, reviewing and logging that is necessary to satisfy any law, regulation or government request, or to enhance operational efficiencies, to improve service levels, to assess client satisfaction, or to protect IMSL or its users. We reserve the right, but do not assume the obligation, to suspend access to the Site to, or otherwise ban, any users who violate these Terms.
4. Disclaimer
IMSL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, IMSL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
5. Limitations
In no event shall IMSL or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Swirly’s Internet site, even if IMSL’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on Swirly’s website could include technical, typographical, or photographic errors. IMSL does not warrant that any of the materials on its website are accurate, complete, or current. IMSL may make changes to the materials contained on its website at any time without notice. IMSL does not, however, make any commitment to update the materials.
7. Links
IMSL has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by IMSL of the site. Use of any such linked website is at the user’s own risk.
8. Limitation of Liability
You acknowledge and agree that if you are dissatisfied with the site or its contents, or with any results obtained through the use of the site, your only remedy is to discontinue use of the site.
You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
- The use or the inability to use the site or any content
- Any errors or omissions in the site or any content
- The suspension or termination of your ability to access the site
- Any interruption or cessation of transmission to or from our site or failure of our systems
- Any bugs, viruses or the like that are transmitted to or through our site by any third party
- Any other matter or event relating to or resulting from your or any other party’s use of the site
You expressly acknowledge that we have entered into this agreement with you, and have and will make the site available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these terms, and that the same form an essential basis of the relationship between you and IMSL. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth in these terms will survive, and continue to apply in the case of, fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of the agreement between you and us.
9. Disclaimer of Warranties
You expressly understand and agree as follows:
- The site is provided to you for your personal use in accordance with these terms. your use of the site, including any links or content, is at your sole risk. to the maximum extent permitted by applicable law, the site, our content, and any other information and materials that we make available to you or that you access through the use of the site, is provided on an “as is” and “as available” basis. we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we make no warranty that (a) the site or any content, linked or related websites, or other materials will meet your expectations or satisfy your requirements, (b) the use of the site or any content, linked or related websites or other materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the site or any content will be complete, accurate, reliable or useful, (d) the quality of any listings, products, services, programs, information, or other material accessed by you through your use of the site will meet your expectations, or (e) any errors in the site, content, or other materials will be corrected.
- Any content or other material downloaded or otherwise accessed or obtained through the use of the site is done at your own discretion and risk, and you will be solely responsible for any harm or damage, including (but not limited to) damage to your computer system or loss of data, that results from the download of any such content or material.
- To the maximum extent permitted by applicable law, you agree that no advice or information, whether oral or written, obtained by you from us, through your use of the site, or through or from any other website or publication, will create any warranty or other liability not expressly stated in these terms.
10. Site Terms of Use Modifications
IMSL may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
11. Governing Law
Any matter relating to the Swirly’s website shall be governed by the laws of the Province of Ontario, general Terms and Conditions applicable to use of a website.