Terms of Use Agreement

Terms of Use Agreement
Effective: April 4, 2012

Thank you for coming to Swan Video Inc. We want to make creating, editing and sharing your videos simple and easy. Before you use our services, we need you to agree to some legal details. There’s a lot to read but these are the major points:

Although rare, we are only able to compensate you up to $100 if your media is lost.
We are not responsible if the digitization process causes damage or loss to your media.
You are permitted one revision to your video. Additional revisions and edits will be billed accordingly.


Here’s everything in detail – make sure you read it carefully and write us if you have any questions:


1. Acceptance of the Terms and Conditions.

1.1 Swan Video Inc, Inc. (herein referred to as the "Swan Video Inc," "we," "us" or "our") provides and makes available this website and its video editing, sharing and hosting services (the "Services"). All use of the Services is subject to the terms and conditions contained in this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully. By accessing, browsing, submitting video or photo material or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Services or submit any material to Swan Video Inc.


1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Service" link at www.Swan Video Inc.com. The revised terms and conditions will become effective at the time of posting. Any use of the Services after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.


2. Use of the Services.


2.1 This Website contains material, including but not limited to videos, software, text, graphics and images (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.


2.2 The trademarks, service marks, and logos of Swan Video Inc (the "Swan Video Inc Trademarks") used and displayed on this Website are registered and unregistered trademarks or service marks of Swan Video Inc. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with Swan Video Inc Trademarks, the "Trademarks"). Nothing on this Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of Swan Video Inc specific for each such use. The Trademarks may not be used to disparage Swan Video Inc or the applicable third-party, Swan Video Inc’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Swan Video Inc’s prior written consent. All goodwill generated from the use of any Swan Video Inc Trademark shall inure to Swan Video Inc’s benefit.

2.3 You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website, (4) delete or alter any material posted on the Website by Swan Video Inc or any other person or entity, or (5) frame or link to any of the materials or information available on the Website.


2.4 The Website contains links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.


We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.


2.5 Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Content for this Website may be retransmitted without the express written consent from Swan Video Inc for each and every instance.


2.6 You may submit certain material to Swan Video Inc, including without limitation, videos and photos, both in physical and digital format, as part of your use of the Services ("Submissions"). Under this Agreement, you agree that you will NOT submit, post, place or transmit any of the following material or obtain any such material using the Services:


Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
Any material sent from an anonymous or false address
Any material that promotes bigotry, racism, hatred or harm against any individual or group.


2.7 While Swan Video Inc is not responsible for, and does not review or comment on the content of Submissions provided by Swan Video Inc users, Swan Video Inc reserves the right in its discretion to (i) return, delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that Swan Video Inc deems necessary relating to use or misuse of the Services. Swan Video Inc may request confirmation of the copyright or trademark ownership from the submitter. If Swan Video Inc does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Swan Video Inc reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Swan Video Inc reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to Swan Video Inc a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Services. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights. We recommend you keep back-up copies of your Submissions on your hard drive or other computer system. Swan Video Inc Services are not intended to serve as a guaranteed backup solution or a replacement for original media. By submitting your physical and digital images and videos to us, you permit us to reprint them for your use. Swan Video Inc will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.


2.8 Swan Video Inc is committed to protecting copyrights and expects users of the Services to do the same. Customer declares that all materials submitted to Swan Video Inc for transfer, sharing or other reproduction, are not in violation of any copyright laws. Customer will indemnify and hold Swan Video Inc harmless in respect to any claim of violation of such laws. If you submit materials to Swan Video Inc, you must have either created them or have the permission of the copyright owner to duplicate them. If you do not own the copyright, a copyright release form is available by contacting Swan Video Inc at 503-213-3607 and must be included with the order in order to reproduce protected content.

2.9 At Swan Video Inc’s sole discretion, Swan Video Inc may terminate the accounts of users or prevent access to the Services by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us.


2.10 Swan Video Inc is a custom service. If a customer is not satisfied with an order, Swan Video Inc will attempt one revision to attain a quality level acceptable to the customer. However, as with custom services in other businesses and industries, the service is non-refundable.


2.11 The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Blog hosted by Swan Video Inc infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA for details). Notices and counter notices with respect to the Website should be sent to Swan Video Inc at:
By Mail:
Swan Video Inc Inc.
333 South State Street Suite 173
Lake Oswego, OR 97034
By Email: support@Swanvideo.com


3. Limitation of Liability and Disclaimer of Warranties.


3.1 Swan Video Inc, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "Swan Video Inc PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE Swan Video Inc PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
THE Swan Video Inc PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO Swan Video Inc PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICES, WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE Swan Video Inc PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2 IN NO EVENT SHALL ANY Swan Video Inc PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH Swan Video Inc PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF Swan Video Inc TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR SERVICES IS LIMITED TO $100 (US). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Swan Video Inc HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


3.3 BY SUBMITTING ANY MEDIA OR MATERIAL TO Swan Video Inc, YOU REQUEST EDITING AND OTHER SERVICES DESCRIBED. YOU AGREE THAT THE LIABILITY OF Swan Video Inc, ITS AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO YOUR FILM, VIDEOTAPE, OPTICAL DISK, MEMORY CARD, PHOTO PRINT, NEGATIVE, SLIDE OR OTHER MATERIAL, IS LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $100. YOU ALSO AGREE THAT Swan Video Inc, ITS AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO YOU OR A THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.


3.4 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE Swan Video Inc PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


4. Indemnification. You agree to defend, indemnify, and hold harmless Swan Video Inc Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Website. Swan Video Inc shall provide notice to you of any such claim, suit, or proceeding. Swan Video Inc reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Swan Video Inc’s defense of such matter.


5. Termination of the Agreement.


5.1 Swan Video Inc reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, the Website or the Content at any time and for any reason without prior notice or liability. Swan Video Inc reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.


5.2 Sections 2 (Use of the Website), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.


6. User Must Comply with Applicable Laws.


6.1 This Website is based in Cambridge, MA. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.


6.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.


7. U.S. Government Restricted Rights. The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.


8. Miscellaneous.


This Agreement is governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Lake Oswego in the State of Oregon. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Swan Video Inc to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Swan Video Inc unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Swan Video Inc and you, this Agreement constitutes the entire Agreement between you and Swan Video Inc with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. his Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Website might be publicly accessible. Important and private information should be protected by you. Swan Video Inc is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.