Copyright Infringement and DMCA Policy.
As Swimming Pool asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Swimming Pool violates your copyright, you are encouraged to notify Swimming Pool. Swimming Pool will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Swimming Pool or others, Swimming Pool may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Swimming Pool will have no obligation to provide a refund of any amounts previously paid to Swimming Pool.
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This Agreement does not transfer from Swimming Pool to you any Swimming Pool or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Swimming Pool. Swimming Pool, the Swimming Pool domain, the Swimming Pool logo, and all other trademarks, service marks, graphics and logos used in connection with Swimming Pool, or the Website are trademarks or registered trademarks of Swimming Pool or Swimming Pool’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Swimming Pool or third-party trademarks.
Swimming Pool reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Swimming Pool may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Swimming Pool may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Swimming Pool account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by Swimming Pool if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Swimming Pool’s notice to you thereof; provided that, Swimming Pool can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on Swimming Pool’s Website are provided ‘as is’. Swimming Pool makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Swimming Pool does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will Swimming Pool, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Swimming Pool under this agreement during the twelve (12) month period prior to the cause of action. Swimming Pool shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Swimming Pool, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.