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Acceptance of Terms Swoot International ("Swoot") makes this webSite/ browsers (the "Site/ browsers"), including all information, documents, content, materials, software and services (the "Materials") available on the Site/ browsers, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement ("Terms of Use"). By accessing, browsing and/or using the Site/ browsers, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Swoot reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site/ browsers will be subject to the most current version of the Terms of Use posted on the Site/ browsers. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use. If you do not agree to the Terms of Use, do not use the Site/ browsers. Access to the Site/ browsers or Browsers Swoot may alter, suspend, or discontinue this Site/ browsers or any of the Materials at any time and for any reason, without prior notice to you. The Site/ browsers may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you do not abide by the provisions of the Terms of Use, Swoot may immediately deactivate or delete your user account and/or bar any further access to the Materials, and/or the Site/ browsers. Swoot shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site/ browsers. Software Available from the Site/ browsers The software and accompanying documentation that is made available for download from the Site/ browsers is the copyrighted work of Swoot and/or its suppliers (the "Software"). Use of the Software is subject to the terms of the distribution terms of TAC, which accompanies or is included with such Software. If you do not agree to these terms, you are not authorized to use the Software. The Software is made available for download solely for use by end users according to the TAC terms . Any reproduction or redistribution of the Software not in accordance with the TAC terms is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. Swoot Browsers By accessing or using the Swoot Site/Browsers , you acknowledge that you have read, understand and agree to be bound by the following Swoot Site/Browsers or terms of use. You may use the Swoot Browsers for your personal, non-commercial use. Use of Site/ browsers Information You are permitted to view, copy, download and print Materials from the Site/ browsers, provided that: you use the Materials for informational, personal and non-commercial purposes only; you do not modify or alter the Materials in any way; you do not copy or distribute graphics from the Site/ browsers separate from their accompanying text; you do not quote the Materials out of context; and you display the copyright and trademark notice(s) listed at the bottom of the Terms of Use on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy of Materials from the Site/ browsers that you make. Swoot reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from Swoot. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site/ browsers. Elements of the Site/ browsers are protected by trade dress and other laws and may not be copied or imitated in whole or in part. For permission to use third-party materials appearing on the Site/ browsers, please contact the owner of such materials. Account Security If you are required to open an account on this Site/ browsers, you must complete the registration process by providing current, complete and accurate information as prompted by the application registration form. In most cases, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Swoot immediately of any unauthorized use of your account or any other breach of security. Swoot will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Swoot or another party due to someone else using your account or password. You may not use anyone else's account at any time, without permission of the account holder. Forums The Site/ browsers may contain chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (each a "Forum" and collectively "Forums"). You agree to use the Forums only to post, send and receive messages and material that are proper and, when applicable, related to the particular Forum. By way of example, and not as a limitation, you agree that when using the Forums, you will not: use the Forums in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; use any material or information, including images or photographs, which are made available through the Site/ browsers in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; advertise or offer to sell or buy any goods or services for any business purpose; download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Forums; violate any code of conduct or other guidelines which may be applicable for any particular Forum; harvest or otherwise collect information about others, including e-mail addresses; violate any applicable laws or regulations; create a false identity for the purpose of misleading others; or use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Forums or other user or usage information or any portion thereof. Swoot has no obligation to monitor the Forums. However, Swoot reserves the right to review Materials posted to the Forums and to remove any Materials in its sole discretion. Swoot reserves the right to terminate your access to any or all of the Forums or the Site/ browsers at any time, without notice, for any reason whatsoever. Swoot is not responsible for any failure to remove or delay in removing harmful, inaccurate, defamatory, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties. Swoot reserves the right at all times to disclose any information as Swoot deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Materials, in whole or in part, in Swoot's sole discretion. The Forums are intended for discussion of business and technical issues relating to Swoot's products and services. They are not provided for customer service inquiries, questions regarding unreleased products, or for the solicitation of business. Always use caution when giving out any personally identifiable information. Swoot does not control or endorse the content, messages or information found in any Forums and, therefore, Swoot specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forums. Managers and hosts may not be authorized Swoot spokespersons, and their views do not necessarily reflect those of Swoot. Any Materials uploaded to the Forums may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Materials. Content Provided to Swoot or Posted at any Swoot WebSite/ browsers or browser Swoot does not claim ownership of the content, information or materials that you provide to Swoot (including feedback and suggestions) or post, upload, input or submit to the Site/ browsers or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Swoot, its affiliated companies and necessary sublicensees permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission, as provided herein. Swoot is under no obligation to post or use any Submission you may provide and Swoot may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Upon reasonable request by Swoot, you will provide information related to any claim that your Submission infringes any third party rights. No Additional Rights You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site/ browsers, Software and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Swoot, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use Swoot's name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Swoot. Support You acknowledge and agree that you use the Site/ browsers, Software and Services at your own risk. Support regarding the Software and Services is only provided subject to the terms of a separate agreement between you and Swoot. Disclaimer of Warranties EXCEPT AS EXPRESSLY PROVIDED IN AN END USER LICENSE AGREEMENT ACCOMPANYING SOFTWARE DOWNLOADED FROM THIS SITE/ BROWSERS OR OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SWOOT, ALL MATERIALS ON THIS SITE/ BROWSERS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE/ BROWSERS, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WITHOUT LIMITING THE FOREGOING, SWOOT MAKES NO WARRANTY THAT (I) THE SITE/ BROWSERS WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE/ BROWSERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE/ BROWSERS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE/ BROWSERS WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE/ BROWSERS WILL BE CORRECTED; AND, (VI) THIS SITE/ BROWSERS OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitations on Liability Swoot may make changes to the Materials, including without limitation, the prices and descriptions of any listed products at any time, without notice. The Materials on this Site/ browsers may be out of date and Swoot makes no commitment to update such Materials. The Site/ browsers could include technical or other mistakes, inaccuracies or typographical errors. Swoot assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site/ browsers. References to other corporations' Site/ browser, services and products are provided "as is" without warranty of any kind, either express or implied. IN NO EVENT SHALL SWOOT, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF SWOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. SWOOT IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN NO EVENT SHALL SWOOT'S (OR ITS SUPPLIERS' OR LICENSORS') MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED € 1,00 EURO. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Indemnification By using this Site/ browsers, you agree to indemnify, defend and hold harmless Swoot and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Site/ browsers, and/or (c) your activities in connection with the Site/ browsers. Links to Third Party Site/ browser By downloading the software you will get access to all browsers made. This agreement refers to Sites/browsers made by swoot or under control by swoot or swoot partners. The Site/ browsers may contain links to other Sites/ browsers on the Internet that are not within Swoot's control and are owned and operated by Swoot's partners, customers and other third parties (the "External Site/ browser"). Swoot will not review and makes no representations whatsoever about any External Site/ browser to which you may have access through the Site/ browsers. When you leave this Site/ browsers and access an External Site/ browsers, you do so entirely at your own risk and Swoot is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Site/ browser or for the quality of any products or services available on the External Site/ browser. Swoot provides links to External Site/ browser merely as a convenience. You acknowledge and agree that the inclusion of such External Links does not imply that Swoot endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Site/ browser. You further acknowledge and agree that Swoot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials. Privacy Policy Statement The terms of Swoot's Privacy Policy Statement ("Privacy Policy") are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy. International Users The Site/ browsers can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that Swoot intends to announce such products, services or programs in your country. If you choose to access this Site/ browsers from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws. Choice of Language The Terms of Use is in the English language only, which language shall be controlling in all respects. Choice of Law and Jurisdiction This Site/ browsers (excluding links to External Site/ browser) is controlled by Swoot, notwithstanding the physical location of the servers on which the content resides. By accessing this Site/ browsers, you and Swoot agree that all matters relating to your access to, or use of, this Site/ browsers shall be governed by the statutes and laws of the federal laws of the Netherlands applicable therein.You and Swoot also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in the Netherlands with respect to such matters. General The Terms of Use and the Privacy Policy constitute the entire agreement between Swoot and you and govern your use of the Site/ browser. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by Swoot, as described in "Acceptance of Terms" above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by Swoot to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. Trademarks The following are trademarks or registered trademarks of Swoot International: Swoot Browsers, the swoot logo, the remote control, twinspark, guitarbrowser, swooties, and the combination of the swoot logo and Swoot word mark. Other product and company names displayed on the Site/ browsers may be trademarks or registered trademarks of their respective owners. Unless specifically noted to the contrary, the example companies, products, domain names, e-mail addresses, logos, people and events depicted on this Site/ browsers are fictitious and no association with any real company, organization, product, domain name, e-mail address, logo, person or event is intended or should be inferred. Copyright Information Terms of Use Copyright © 2006 Swoot International. All rights reserved. Contact Information If you have any questions regarding this Site/ browsers or these Terms of Use, please contact us at webmaster@swoot.com. |