Terms of Use

Swirled is a website and newsletter content provider owned and operated by Arcamax Publishing, Inc. By subscribing to Swirled email newsletters or by using the website or accompanying mobile applications in any manner, you accept and agree to be bound by these Terms of Use. Further, please be advised that Swirled reserves the right to modify its services or Terms of Use in its sole discretion. The most current version of the Terms of Use will supersede all previous versions. By continuing to use the Swirled website or email newsletters after changes are made, you agree to be bound by any such changes. If this is not acceptable to you, please do not use the Swirled website or subscribe to its email newsletters.

Privacy

Any personally identifiable information that you submit to Swirled is subject to the terms of our privacy policy, foundĀ here.

If you use any of our mobile applications, we reserve the right to anonymously track and report your activity inside of the application with outside vendors as needed to provide the application service.

Description of the Service

Swirled distributes original and syndicated content to Web visitors, users who download its mobile applications, and email newsletter subscribers. Content includes any feature that Swirled is licensed to distribute to its readership.

A reader on the Swirled site may register for an account on the website and designate certain email newsletters to be sent to them by email. By participating in this service, the reader authorizes Swirled to send content-based and advertising-based emails to the reader, subject to the active subscription status of the reader. The reader may “opt-out” of these emails at their discretion by using the Swirled unsubscribe mechanism, according to Federal Can-Spam regulation.

Community

As a user of Swirled services, a reader may participate in an online “community” for the purpose of providing user-generated comments and photos. Some of these features are also published, promoted and linked to in email newsletters. Any comment or photo submitted for publication on the Swirled site or in its newsletters may be edited or blocked by Swirled at its sole and absolute discretion, for any reason or no reason. We do not regularly review the user generated content posted on the Swirled website nor in the newsletters; however, we reserve the right to reject, remove or edit such content at any time without notice. We also reserve the right to allow other Swirled readers to submit complaints based on inappropriate content. We reserve the right to use an automated system that allows user feedback to trigger the removal of content or the banning of a user. Inappropriate language (including but not limited to pornographic language, racist or hate speech, abusive language, etc.) will not be tolerated.

By participating in the Swirled community, you acknowledge and understand that your comments will be in a public forum and in doing so, may provide personally identifiable information. You acknowledge and agree to forever hold Swirled harmless in connection with any liability related to the release of such information.

In addition, any material that you choose to post must be owned entirely by you and cannot infringe on the copyright of any other party.

Intellectual Property and Copyright

All content included on the Swirled Web site and delivered to members as part of the service is the property of Swirled or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Swirled and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Swirled or its suppliers.

If you believe that your copyright has been violated, please send notice to:

Swirled Copyright Infringement
Swirled, a division of Arcamax Publishing, Inc.
Attention: General Manager
246 5th Ave.
New York, NY 10001 U.S.A.

Please include the following information:

* Your physical signature, or that of a person authorized to act on behalf of the copyright owner;
* A description of the copyrighted work that you claim has been infringed including a description of the location of the alleged violation on the Swirled website;
* Your contact information, including address, telephone number, and, email address;
* Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and;
* A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner, and that that the above information is accurate and is not being submitted for malicious purposes.

Under no circumstances shall Swirled, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Swirled website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Swirled website.

Use of Information Submitted

Swirled is free to use any comments, information, or any other material you send to us in any manner without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Swirled website or other websites.

Limitations on Use

You must be 18 years of age or older to become a member of the Swirled web site. While individuals under the age of 18 may use the service, they may do so only with the involvement of a parent or legal guardian. While Swirled does distribute content that may be viewed by children, we do not intentionally seek to collect information from individuals 13 years of age and younger.

Third-Party Websites

Swirled is not responsible for the content on any external website it does not own, even if there are links on the Swirled Web site or newsletters leading to these external sites or links on these external sites leading to Swirled.

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Virginia.

If you breach this in anyway, Swirled may terminate this agreement for cause.

Disclaimers of Warranties and Limitations on Liability

THE SWIRLED PUBLISHING SERVICE, INCLUDING ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SWIRLED PUBLISHING SERVICE, THE WEBSITE AND ITS CONTENTS. SWIRLED DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SWIRLED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SWIRLED MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SWIRLED SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. In no event shall Swirled its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, damage to your mobile device or computer, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Swirled website.