TERMS AND CONDITIONS OF USE

Thank you for your visit to the SwishFilms website. You must agree, without modification, to accept the following terms of use between yourself and SwishFilms, Michigan corporation. Your use of the SwishFilm website constitutes a full and complete acceptance of the terms of this Agreement, including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Michigan law. If you do not agree to these terms, you do not have permission to use the SwishFilms website . SwishFilms reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms at any time. Notification of changes to these terms will be posted on the website or sent via e-mail to register users.

Limited License to Use Site:

SwishFilms grants you the limited right to access and use the content of the website solely for your personal, non-commercial use for the purposes of viewing or playing content, such as films or games. SwishFilms reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of this website.

As an express condition of your use of the SwishFilm website, you warrant to SwishFilms that you will not use the SwishFilm website or any content thereon for any unlawful purpose. No portion of this website is targeted to children and any minors should seek consent of his or her legal parent or guardian before using this website. You may not alter or modify any content on the website. You agree not to reproduce the site to display, publicly perform, distribute or otherwise use the content on the website in any way for any public or commercial purpose.

Disclaimer of Liability:

SwishFilms, its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns, shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of or connected with your use of the SwishFilm website or any other subject matter of this Agreement.

Without limiting the foregoing, except as expressly stated in this Agreement, SwishFilms makes no representations or warranties of any kind, either express or implied, as to any matter including, without limitation, implied warranties of fitness for a particular purpose, merchantability, non-infringement or otherwise which would extend beyond the representations and warranties contained in this Agreement.

Third Party Links:

The SwishFilm website may contain links to third party websites operated by parties other than SwishFilms. SwishFilms makes no representation or endorsement of the third party websites and you access them at your own risk.

Copyrights and Trademarks:

Except as expressly provided herein, SwishFilm or any third party has not granted to you any license or right under any patent, trademark, copyright or other proprietary rights to use the site or any applications offered on the site. No ownership rights are assigned to you by your use of the SwishFilm site.

Assumption of Risks:

You assume all risks that the SwishFilm websites, and content thereon are suitable or accurate for your needs and will be uninterrupted, timely, secure or error free. Any applications downloaded or otherwise obtained through the SwishFilm site are at your own risk and you are solely responsible for any damage to your computer or loss of data. By participating in multi-player games or visiting chat rooms, you may be exposed to crude, indecent or otherwise offensive language or references. You agree that SwishFilms shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.

Limitation of Liability and Exclusive Remedy:

You agree that your sole remedy for any breach of these terms by SwishFilms shall be, at SwishFilms options, substitution or replacement of all or part of an application of product that gives rise to damages incurred by you in reasonable reliance on SwishFilms, or refund of the amount that you paid to SwishFilms.

You represent and warrant to SwishFilms that you possess the legal right and ability to enter in and make the representations and warranties contained in this Agreement, all information submitted by you to the SwishFilm site is true and accurate, that you will keep your registration information current, that you will not use the SwishFilm site for any purpose that is unlawful or prohibited by this Agreement, and that you agree to defend, indemnify and hold SwishFilms, and its employees, representatives, agents and assigns, harmless from any breaches of any of these warranties.

Jurisdiction:

These terms shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. Any disputes arising under or related in any way to this Agreement, the SwishFilms website or any application shall be litigated in a court of competent jurisdiction in Troy, Michigan or Oakland County, Michigan. The parties hereto consent to the exclusive jurisdiction of the city, county and state courts in Michigan and waive any claim or defense that such form is not convenient or proper, and consent to service of process by any means authorized by Michigan law.

These terms constitute the entire agreement between you and SwishFilms. If any provision of these agreements shall be unlawful, void or for any reason unenforceable, then the provisions shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.