Acceptance of Terms of Use Agreement
Swarm Entertainment owns and operates a website located at http://www.jawbone.tv (herein Jawbone.tv). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use Jawbone.tv. By accessing and using Jawbone.tv you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use Jawbone.tv.
Swarm Entertainment may revise this Agreement at any time by updating this posting. Use of Jawbone.tv after such changes are posted will signify your agreement to these revised terms.
Disclaimer of Warranties
Jawbone.tv and all content is provided “as is”.
Swarm Entertainment, its employees, affiliates, agents and licensors do not warrant the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and services available through Jawbone.tv. Furthermore, Swarm Entertainment, its employees, affiliates, agents and licensors do not warrant that the operation of Jawbone.tv will be uninterrupted or error free, that Jawbone.tv will be free from viruses or harmful components, and that communications to or from Jawbone.tv will be secure or not intercepted.
By accessing and using Jawbone.tv you acknowledge and agree that use of Jawbone.tv and the content is entirely at your own risk. You also agree that if you rely on any data or information obtained through Jawbone.tv, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.
Swarm Entertainment, its employees, affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through Jawbone.tv.
Linking
Jawbone.tv contains links to third-party websites. These links do not constitute an endorsement by Swarm Entertainment of the contents of such third-party websites. Swarm Entertainment is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website.
You are free to establish a link to Jawbone.tv so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of our logos without written consent. Swarm Entertainment does not wish Jawbone.tv to be linked to or from any third-party website that contains or transmits unlawful or libelous information of any kind.
Swarm Entertainment reserves the right to prohibit or refuse to accept any link to Jawbone.tv at any time, and you agree to remove any link you may have to Jawbone.tv upon the request of Swarm Entertainment.
Copyright Ownership
All materials accessible through Jawbone.tv, including news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by Swarm Entertainment, its licensors or the party accredited as the provider of the Content.
You acknowledge that Swarm Entertainment permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights") and this Agreement and applicable copyright, trademark and other laws govern your use of such content.
You are free to display and print for your personal, non-commercial use information you receive through Jawbone.tv. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of Swarm Entertainment.
“Fair Use” of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, research, commentary, news reporting, and personal use. Users who wish to use any content from Jawbone.tv under Fair Use may do so without permission, under condition that the content is used only for personal, educational or non-commercial purposes, the author and source of the content is sited (Jawbone.tv), including the URL for the specific information used, and none of the text or images, or any other content, is altered, modified or duplicated for distribution.
Framing
You may not frame, or in-line link to, any of the content of Jawbone.tv, or incorporate into any other website or service any intellectual property belonging to Jawbone.tv without the prior written consent of Swarm Entertainment.
Security
Swarm Entertainment cannot and does not make any representation or warranty concerning security of any communication to or from Jawbone.tv or any representation or warranty regarding the interception by third parties of personal or other information.
Correction of Errors and Inaccuracies
Information on Jawbone.tv may contain typographical errors or inaccuracies and may not be complete or current. Swarm Entertainment reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice.
Limitation of Liability
Under no circumstances will Swarm Entertainment, its employees, affiliates, agents or licensors be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of lost business, lost savings, lost data and/or lost profits, regardless of the cause.
Swarm Entertainment disclaims all liability for the acts, omissions or conduct of any third-party user of Jawbone.tv or any advertiser or sponsor of Jawbone.tv. Under no circumstances shall Swarm Entertainment, its employees, agents or licensors, be liable for any injury, loss, damage or expense arising in any manner whatsoever from the acts, omissions or conduct of any third-party user or any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from Jawbone.tv.
You hereby release Swarm Entertainment, its employees, affiliates, agents or licensors from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through Jawbone.tv or by third parties through Jawbone.tv.
Registration & Termination
To use certain features or access certain areas of Jawbone.tv, you may be asked to provide registration information. In such cases, you agree to provide accurate and complete information about yourself. Swarm Entertainment's use of any personally identifying information you provide as part of the registration process is governed by the terms of Swarm Entertainment's Privacy Policy.
If Swarm Entertainment has reasonable grounds to suspect that such information is inaccurate or incomplete, Swarm Entertainment has the right to suspend or terminate your access to and use of Jawbone.tv. Additionally, Swarm Entertainment may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use Jawbone.tv.
No Advice
The information contained on Jawbone.tv is for informational and entertainment purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
Submissions
Jawbone.tv may provide features that allow you to post messages and content, to interact with other users and to upload files, documents or other materials (collectively, Submissions). Swarm Entertainment may review Submissions before they are posted. Swarm Entertainment may refuse to post any Submission to Jawbone.tv. Swarm Entertainment reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions herein.
Governing Law and Jurisdiction
Jawbone.tv is controlled and operated by Swarm Entertainment, based in Toronto, Ontario, Canada. By accessing or using Jawbone.tv, you agree that all matters relating to your access to, or use of, Jawbone.tv and the Content shall be governed by the laws of the Province of Ontario and the laws of Canada. Those who choose to access Jawbone.tv from other locations are responsible for compliance with applicable local laws.
By accessing Jawbone.tv, you consent and submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to all disputes arising out of or relating to this Agreement.
General
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Swarm Entertainment that expressly reference this Agreement, this is the entire agreement between you and Swarm Entertainment relating to the matters contained herein.
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