Terms and Conditions

INTRODUCTION

Use of our website constitutes agreement to the terms and conditions set forth below.

TERMS

“User content” refers to text, images, audio material, video material and audio-visual material that you send us for any purpose.

USER CONTENT

You allow Custom Swivel a universal and irrevocable right to reproduce, adapt, publish, translate, distribute and sub-license your user content in any existing or future media without a royalty of any kind. Your user content cannot be illegal or unlawful and must not infringe any third party’s legal rights. You indemnify Custom Swivel against any legal action that may be taken against Custom Swivel, its subsidiaries, and factories for any infringement of rights. Custom Swivel reserves the right to edit or remove any material submitted through our website.

REASONABLENESS

By use of this website, you agree to all limitations of liability set out in the terms and conditions. If you do not think they are reasonable, DO NOT use this website.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Custom Swivel’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Custom Swivel may take such it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting your access and blocking computers using your IP address from accessing the website, or contacting your internet service provider to request that they block your access to the website; and/or bringing court proceedings against you.

ENTIRE AGREEMENT

These terms and conditions constitute an agreement between you and Custom Swivel in regard to your use of the website and supersede all previous agreements.

LICENSE TO USE WEBSITE

Unless otherwise stated, Custom Swivel and/or its licensors own the intellectual property rights in the website and material on the website. Any and all intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use only and you are subject to the restrictions set out below in the terms and conditions.

You must not:

  • republish or redistribute material from this website anywhere on the world-wide web, any written publication, or on another website;
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or modify any material on the website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. Custom Swivel makes no representations or warranties in relation to this website or the information and materials provided on this website. Custom Swivel does not warranty that this website will be constantly available, that the website is free of typographical or misleading errors, nor is anything on the website meant to constitute advice of any kind.

UNENFORCEABLE PROVISIONS

If any provision of this website’s terms and conditions are found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website’s disclaimers.

VARIATION

Custom Swivel may revise these terms and conditions at any time. The revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Custom swivel will not send out notifications of any changes, it is the responsibility of the user of the website to be familiar with the current terms and conditions.

GENERAL USE GUIDLINES

You must not use this website in any way that causes or may cause damage to the website or impair the accessibility of the website.

You must not use this website for and purpose or activity which is unlawful, illegal, fraudulent, or harmful. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities in relation to this website without Custom Swivel’s express written consent. You must not use this website for any purposes related to marketing without express written consent of Custom Swivel.

LIABILITY LIMITATIONS AND INDEMNITY

Custom Swivel will not be liable to you, be it under the law of contact, the law of torts or otherwise, in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Custom Swivel has been expressly advised of the potential loss.

You hereby agree to and undertake to indemnify Custom Swivel against any losses, damages, costs, liabilities and expenses including all legal expenses and any amounts paid by Custom Swivel to a third party in settlement of a claim or dispute and/or damages incurred or suffered by Custom Swivel arising out of any breach by you of these terms and conditions.

ASSIGNMENT OF RIGHTS

Custom Swivel may transfer, sub-contract or assign any rights in relation to the terms and conditions or any other legal matter without notifying you or obtaining your consent. You may NOT transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with Illinois Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Illinois.