Content License
When you give us content (e.g., a personal video tape of you or another individual swimming or doing aquatic activities), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. We need these rights to host and display your customized animation.

Liability
You will not hold www.virtual-swim.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional web site. Instead, www.virtual-swim.com is a venue to allow anyone to view, post, compare, analyze, learn, instruct and enjoy customized animation of individuals swimming and doing aquatic activities, at anytime, from anywhere, in a variety of pricing formats. We have no control over and do not guarantee the quality or legality of the content that we receive from our customers (e.g., video tape).

We do not transfer legal ownership of the customized animations to you, and nothing in this agreement shall modify the governing provisions of California Commercial Code ､ 2401(2) and Uniform Commercial Code ､ 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. That is, we post your customized animation on www.virtual-swim.com so we can freely view your animation at any time from any online access point. However, we cannot guarantee continuous or secure access to our services, and operation of our web site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our web site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ､1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference
The web site may contain robot exclusion headers. Much of the information on the web site is updated on a real-time basis and is proprietary or is licensed to www.virtual-swim.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the web site for any purpose without our express written permission.

Additionally, you agree that you will not:

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes. We use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important web site principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify your credit card information. For a complete description of how we use and protect your personal information, see the Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to us during the registration process. Alternatively, we may give you legal notice by airmail to the mailing address provided during the registration process.

Resolution of Disputes
If a dispute arises between you and www.virtual-swim.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and www.virtual-swim.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly via email. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General
When using particular services on our web site, you are subject to any posted policies or rules applicable to services you use through the web site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the web site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the web site. This Agreement may not be otherwise amended except in a writing signed by us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at +1 (800) 952-5210.