Welcome to Swirl. Please Read the Following Terms and Conditions Carefully.

The Swirl web site (the "Web Site" or "Swirl.com") is provided by DailyCandy Commerce, LLC ("Swirl") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (the "Terms and Conditions"), the Swirl Privacy Policy (the "Privacy Policy"), and the rules that may be published from time to time by Swirl. By using this site, you are deemed to have agreed to these Terms and Conditions. Swirl may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Web Site. By using the Web Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this site.

Registration Requirements
In order to participate in the Services, you must register as a member of the Web Site (a "Member") by providing Swirl with accurate, complete, and updated information (membership information may include accurate name, billing and shipping address, email address, phone number(s) and age), and confirming your agreement to the Terms and Conditions. Members may not provide false or misleading information to activate or use a Member account, or provide false or misleading information to any entity involved in the Services.

Only legal U.S. residents age 18 or older may register and participate as Members.

Members must keep account information current at all times.

Member accounts are limited to one account per individual, and duplicate accounts are subject to immediate cancellation. If you lose or forget your password, do not register for another account, but instead request that a password reminder be sent to you via email.

Members may not allow their accounts to be accessed or used by any other person, including but not limited to any person whose membership has been terminated.

User Conduct
Your Swirl membership is subject to and conditioned upon the following:

• Your continued adherence to the Terms and Conditions and any future modifications thereto. Failure to follow the Terms and Conditions, and any other terms, rules, or policies posted by Swirl on the Web Site, is grounds for immediate termination of your membership. Termination of your membership will result in termination of all rights of access and use granted to Members, including, but not limited to, any referral credits, store credits, or other credits applied to your account. Members whose accounts have been terminated may not use the Services in any manner or for any reason.
• Swirl reserves the right to periodically monitor any Member's use of the Services and the Web Site and may request at any time that a Member provide proof in order to verify the accuracy of information provided by the Member.
• Swirl may, in its sole discretion, terminate or suspend any Member's membership in and/or access to all or part of the Services and the Web Site for any or no reason, including, without limitation, breach of these Terms and Conditions, or any other terms, rules, or policies posted by Swirl on the Web Site. Swirl shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions, and any decision Swirl makes relating to the termination or suspension of any Member's account shall be final and binding.
• Each Member is responsible for maintaining the confidentiality of his/her username and password. Swirl has no control over the internet and cannot prevent the interception of message by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. Under no circumstances will Swirl be responsible for any loss or damage incurred by any Member as the result of unauthorized interception or decryption of information transmitted to or by Swirl. Members must immediately notify Swirl of any known or suspected unauthorized use of a Member's account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a Member's password.
• Each Member is responsible for all usage or activity on his/her account, including use of the account by any third party, whether or not such use is authorized by Member.
• Members shall not: (i) use any automated system, device, program, or other method to use the Web Site or Services; (ii) manipulate or interfere with the Service in any way; (iii) assist any individual or entity in fraudulent, abusive, manipulative or illegal activity, or (iv) restrict or inhibit any other Member from enjoying the Services or Web Site. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated immediately, and may be referred to appropriate law enforcement agencies if warranted.
• Members shall not use or attempt to use the Web Site or any portion thereof for purposes of violating its security or the security of systems accessible through it.

Use of Discussion Services
Swirl provides, or may provide in the future, the ability to submit material (each such submission, a "Contribution") to various chat rooms, message boards, newsgroups, or other interactive services that may be available to you on or through the Web Site ("Discussion Services") . The Discussion Services are provided to you solely for entertainment purposes.

Without limitation of the foregoing, you agree to not use the Discussion Services to:

• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
• "Stalk" another;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a Swirl official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that Swirl is not responsible for material submitted to Swirl or posted to the Web Site by users. Swirl does not pre-screen, monitor, review or edit the Content posted by users. However, Swirl and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Swirl's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Swirl is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Swirl. You agree to immediately notify Swirl of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Swirl may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Swirl, its users or the public.

You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Swirl assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Swirl.com.

Any or all Content on the Web Site may be purged periodically in Swirl's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Swirl or submitted to Swirl, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Swirl, and Swirl does not support or endorse Content (including any Contribution, whether or not edited by Swirl or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Access and Communication
You acknowledge that you are solely responsible for the equipment and internet or mobile phone access required to connect to the Web Site and the Services.

Swirl may use email or SMS messages to contact you in connection with various aspects of the Services. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.

Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.

Restrictions on Use of Material
The content on this Web Site is intended for entertainment and personal purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Web Site.

Unsolicited Materials
In operating this site, Swirl does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Swirl mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Swirl, will be deemed not to be confidential or secret. By submitting or sending information or other material to Swirl you represent and warrant that the information is original to you and that no other party has any rights to the material.

User's Grant of Limited License
By communicating with Swirl, including submitting or sending Content, a Contribution or other information or material to Swirl.com, you grant Swirl the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Swirl feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Swirl.

You also warrant that any "moral rights" in posted materials have been waived.

Linked Sites
You may be able to link to third parties' Web Sites ("Linked Sites") from the Swirl Web Site. Linked Sites are not, however, reviewed, controlled, or examined by Swirl in any way and Swirl is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Swirl's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Swirl be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Swirl reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Permission must be granted by us for any type of link to Swirl.com. To seek our permission, you may write to Swirl. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.

Referral Program
On shipment of each Qualifying Order, as defined below, your account will be credited with a reward of a certain percentage discount or specific dollar savings that may be applied to future purchases, as may be posted on the Web Site from time to time (the "Referral Discount"). A "Qualifying Order" means the first order for merchandise on the Web Site placed by an individual who you referred and who became a member. Referral Discounts may be redeemed only for the purchase of merchandise on the Web Site. Referral Discounts may not be combined with Referral Discounts belonging to others. At no time may you purchase, sell, trade, or otherwise transfer any Referral Discounts. Referral Discounts are promotional in nature and are issued without any exchange of money or value from you. As such, they do not constitute property and you do not have a vested property right or interest in the Referral Discounts. We will notify you when Referral Discounts are posted to your account. At our option, Referral Discounts may expire eighteen (18) months after the date of issuance. We reserve the right at any time in our discretion, and without prior notice, to discontinue or change the Referral Program, including the rules, terms or conditions, expiration periods, or value of existing or future Referral Discounts. Participation in the Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in the Referral Program, you agree to receive communications pertaining to your participation in the Referral Program from Swirl and/or from our trusted partners that operate and maintain the Referral Program. You may not participate in the Referral Program where doing so would be prohibited by any applicable law or regulations. Your eligibility to earn Referral Discounts is based on your ability to make referrals that result in new Swirl Members. Referrals of existing Swirl Members do not count towards your eligibility to earn Referral Discounts. You may not use spam to obtain referrals. We reserve the right to immediately disqualify you from the Referral Program and revoke any existing Referral Discounts if you do not comply with these guidelines.

Return Credits
Returned items are validly returned in accordance with our Return Policy are refunded at the original purchase price, plus applicable sales tax, in the form of an account credit ("Store Credit"), and, if applicable, return shipping charges will be deducted from the amount of the Store Credit. Store Credits may be redeemed only for the purchase of merchandise on the Web Site. Store Credits are not transferable and may not be combined with Store Credits belonging to others. At no time may you purchase, sell or barter any Store Credits. Store Credits are not redeemable for cash, unless required by law. The obligations represented by outstanding Store Credits may at any time be assigned to and assumed by any affiliate of, or successor to, or the present or any future owner of the Web Site, or any third party under contract with such present or future owner. You expressly consent to and authorize any such future assignment and assumption of outstanding Store Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.

Credit Balances
Any credit balance (including a Referral Discount or Store Credit) can be applied in whole or in part to your purchase of merchandise from the Web Site. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in our account to be applied to future purchases, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account will be cancelled, except as prohibited by law.

Contests, Promotions, Sweepstakes, and/or Games
From time to time, Swirl may offer as part of the Services, either on or through the Web Site, contests, promotions, sweepstakes and/or games (collectively, "Games"). Only Members may participate in Games.

Registered Users agree to release Swirl and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. Swirl is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Swirl is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.

Swirl reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of Swirl and its affiliates or licensors. As between Swirl and you, Swirl is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Parental Permission
This Web Site is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Swirl may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Swirl may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Editorial
Swirl items are selected by our editors. No one can pay to be featured on Swirl. That's what advertising is for, and it's always labeled as such. Selling ourselves (literally) would destroy the legitimacy, integrity, and fun of Swirl. Plus, we'd never earn your trust that way.

That said, on occasion, we will send out "Dedicated" e-mails on behalf of sponsors. You'll recognize them from the subject line: "Swirl Dedicated E-mail." Yes, these are paid for. When you sign up for Swirl you are agreeing not only to get our content delivered to you free, but also to occasionally receive one of these Dedicated e-mails from our sponsors. If you would prefer not to get these e-mails, just unsubscribe from all editions of Swirl (unfortunately you won't be getting -any- Swirl e-mails any more).

And, no, we would never sell our subscriber list to anyone. Not for any amount of money.

Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SWIRL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. SWIRL DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

SWIRL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT SWIRL OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT WILL SWIRL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF SWIRL OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SWIRL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS LIMITATION SHALL APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED OR ADVERTISED ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE.

Indemnification
Upon a request by Swirl, you agree to defend, indemnify and hold Swirl, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Swirl reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Swirl in asserting any available defense.

Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Swirl.com Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your username, address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Applicable Laws/Jurisdiction
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Swirl or relating in any way to your use of the Web Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Swirl or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Arbitration
Any dispute relating in any way to your visit to the Web Site or to the products you purchase through the Web Site shall be submitted to confidential arbitration in California, California, except that to the extent you have in any manner violated or threatened to violate Swirl's intellectual property rights, Swirl may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Web Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Any inquiries concerning these terms and conditions of use should be directed to our Contact forum.

Provisions Unenforceable or Invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Swirl may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

General Provisions

• The Services are void where prohibited by law.
• The items purchased from the Web Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
• Items pictured on the Web Site may not necessarily reflect exact colors of actual items due to printing variations, monitor quality, pc settings, and/or manufacturer's variations. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our Return Policy.
• We reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion or sale at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on the Web Site at a particular time does not guarantee that the products or services will be available.
• Information about products on the Web Site is accurate to the best of Swirl's knowledge. Swirl is not responsible for errors and/or omissions with respect to such information. Swirl reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omissions; (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes, including after an order has been submitted, acknowledged, shipped or received, except as prohibited by law.
• Swirl reports and prosecutes actual and suspected credit card fraud. Swirl may require further authorization from you such as a telephone confirmation of your order and/or other information. The decision to require further authorization is at Swirl's sole discretion. Swirl reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. If any order is suspected to be fraudulent, all relevant records will be submitted with or without a subpoena to law enforcement and to the credit card company for investigation. Swirl cooperates with authorities to prosecute offenders to the full extent of the law.
• Each Member acknowledges that Swirl shall not be responsible for any agreements between a Member and any of the Swirl affiliated companies with regard to items or services received by such Member as a result of receipt of an item, or such Member's participation in third party promotions and/or other activities.
• Determination of any tax liability relating to an item is solely the responsibility of the Member.
• Personal nonpublic information that we gather from Members in connection with the Services is governed by our Privacy Policy.
• Swirl may, in its sole discretion, change, suspend or discontinue any aspect of the Services and/or the Web Site at any time, including the availability of any feature, link, database, or content without notice. Swirl may cancel the Services in their entirety, at any time, for any reason, in its sole discretion, without notice. Swirl may impose limits on certain features and services or restrict any Member's access to part or all of the Services and Web Site without notice.
• The Services and Web Site may be interrupted from time to time, and may not always be virus or error free.
• Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Term of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

If you have any questions about these Terms of Use or our site in general, please contact us.