Terms of Use Agreement
Last Updated on Monday, 16 November 2009 10:03 Monday, 22 June 2009 05:29
We may change these Terms at any time. By using this web site after a change, you agree to follow and be bound by the Terms as changed. Please read these Terms regularly.
Site Contents
You should assume everything you see, hear, or otherwise receive from or on the Site (the "Contents") is copyright, trademark, or other intellectual property owned and/or licensed by Swinkeygolf Inc. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, video, the Site as a whole and any other materials at the Site.
You may use or download the Contents solely for your personal, noncommercial purposes, provided you keep all copyright and other proprietary notices with them. No other type of use is permitted. Downloading or copying Content does not transfer any right, title or interest in any Content to you.
User Comments and Submissions
We welcome your comments regarding our Site, our products and our services. However, any idea, suggestion, or other information you transmit to the Site is, and will be treated as, non-confidential and non-proprietary. Any comment, idea, suggestion, response or other material or information you or others transmit to us through this Site or otherwise shall become entirely Swinkeygolf Inc's property. This includes personal information about you and your use of the Site. Please review our Privacy Notice for more information.
You promise that no information or material you transmit to Swinkeygolf Inc (swinkeygolf.com) will violate anyone else's right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane or otherwise unlawful, abusive or obscene material. You shall be solely responsible for the content of any Comments you make. Swinkeygolf Inc is not responsible or liable for the content of information that others post at or transmit to the Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity contained in any such information, or for the conduct of any Site user.
Links to Other Sites
If you have any concerns regarding any outside site linked to or from the Site, please direct them to the owner or operator of the outside site. Swinkeygolf Inc is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.
Disclaimer
Your use of the Site is at your own risk. SWINKEYGOLF INC PROVIDES THIS SITE, ALL CONTENTS, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Swinkeygolf Inc also does not warrant that your use of the Site, the operation or function of the Site, or any services offered through or from the Site, will be uninterrupted or error free, that defects will be corrected, or that this Site or its server are free of viruses or other harmful elements. Swinkeygolf Inc does not make any representations regarding the currency, accuracy or reliability of information on this Site.
SWINKEYGOLF INC SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF SWINKEYGOLF INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site, any of its Contents, or any of these Terms, we would be happy to hear from you. You may send an e-mail to
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. However, your sole and exclusive legal remedy is to stop using the Site.
Indemnification
You agree to defend, indemnify and hold Swinkeygolf Inc harmless from and against any claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or your violation of any of these Terms and Conditions.
Miscellaneous
Swinkeygolf Inc controls and operates this Site from its offices in Las Vegas, Nevada and Courtenay, British Columbia, Canada.
These Terms shall be construed according to Canadian and United States law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the state and federal courts of Las Vegas, Nevada and/or Courtenay, British Columbia, Canada. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
These Terms are the entire agreement between you and Swinkeygolf Inc relating to the Site or its Contents. Any other agreements between you and Swinkeygolf Inc are superseded and have no force or effect.
Termination
If Swinkeygolf Inc believes you have failed to comply with these Terms, or for any other or no reason, Swinkeygolf Inc may deny you access to the Site immediately without notice. The restrictions, including restrictions with respect to the Content, disclaimers and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of Content.