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(GMT -12:00) Eniwetok, Kwajalein
(GMT -11:00) Midway Island, Samoa
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(GMT +9:30) Adelaide, Darwin
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Terms of Service
Make sure to read our terms of service. By clicking the register button, you are acknowledge that you accept the terms of service and wish to create an account on Schwippy.
Terms of Service Updated 11/23/2008 Schwippy Photo Scavenger Hunt and Schwippy Forums Rules Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please press the 'Register' button below. If you would like to cancel the registration, press the 'Back' button to go to the SPSH. Although the Schwippistrators and Schwipperators of Schwippy Forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of Schwippy Forums, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message. By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws. The owners of Schwippy Forums reserve the right to remove, edit, move or close any thread for any reason. By using or accessing Schwippy.com, any subdomain thereof (the "Site"), any site owned and operated by Brian Gaut (the "Owner"), or by using any of the services provided by the Site or Owner, you agree to be bound by these Terms of Service ("Terms") and the Privacy Policy of Schwippy.com. Collectively these are referred to as the "Agreement." If you do not agree to the terms of this Agreement you may not use or access the Site or the Services. Schwippy.com may at its sole discretion modify this Agreement from time to time, and may modify, suspend or terminate the Site and Services for any reason or no reason and without notice. 1. Description of the Services Schwippy.com provides its users the ability to upload and host including without limitation images, videos, music, and other media ("Content") that is owned by users of Schwippy.com, or to which they have any necessary rights ("User Content"). This Content and User Content may not be directly linked to from other sites and is intended to be used directly on Schwippy.com and other sites owned or operated by the Owner of Schwippy.com. Schwippy.com reserves the right to delete any Content for any reason without notice. Some deleted content may be stored by the Owner to meet legal obligations. Schwippy.com recommends that you keep a backup of your User Content. 2. Age Requirements Users of the Service must be at least 13 years of age. No information of children under 13 will be knowingly collected by Schwippy.com. If parents or guardians become aware that a child has provided information, such as through misrepresenting their age, they should immediately Contact Us with details of the account. 3. Submissions & License Schwippy.com does not claim ownership to your User Content. By uploading your images you merely grant us a license to display your image for the purpose of image hosting, sharing the image with your friends, or in our search engine. Thus, by posting or submitting User Content to Schwippy.com, you grant Schwippy.com the non-exclusive, transferrable, worldwide right to use, transmit, reproduce, sub-license, create derivative works from, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form on the Site and for the purpose of hosting the image on other sites. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Schwippy.com and the Owner this license. Schwippy.com directs full legal responsibility of User Content to their respective users. Schwippy.com is not responsible for the content of any file or User Content. 4. Restrictions By using the Site or Service you agree not to 1. Upload any Content you do not own or to which you don't have the necessary rights. 2. Upload any Content that violates any federal, state or local law or statute. 3. Upload any Content that might reasonably be deemed offensive or pornographic. 4. Use uploaded content for the purpose of spam or unsolicitied commercial email/messages. 5. Harass 3rd parties. 6. Interfere with the security and usual operation of the Schwippy.com Site such as through Denial of Service attacks, attempts to gain access to other user's accounts, etc. 7. Do anything else that might expose Schwippy.com to any liability. 5. Disclaimer of Warranty and Limitation of Liability SCHWIPPY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SCHWIPPY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. SCHWIPPY.COM MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT SCHWIPPY.COM IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, SCHWIPPY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF SCHWIPPY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SCHWIPPY.COM AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO SCHWIPPY.COM PURSUANT TO THIS AGREEMENT. 6. Indemnification You agree to defend, indemnify, and hold harmless Schwippy.com and its Owner, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement 7. Jurisdiction This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of California, or state courts located in Riverside County, California. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. 8. Copyright Infringement We accept notifications of alleged copyright violations in accordance with the Digital Millenium Copyright Act (The text of the act can be found at http://lcweb.loc.gov/copyright/). Note that if you materially misrepresent a claim of copyright infringement you will be liable for damages (incuding costs and attorney fees -- see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) We require the following information in order to respond to your request: 1. Describe in detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work is the code that appears on http://www.example.com/thecode.html) 2. Identify the material that you claim is infringing the copyrighted work listed in #1. Include relevant URL's that will allow us to identify the work. 3. Your address, telephone number, and email address 4. Include the following statement "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law" 5. Include the following statement "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 6. Sign the notification (Type your full name to sign it electronically if submitted via email). 7. Send the notification to our agents or site Owner. PRIVACY POLICY Schwippy.com may share your personal information with 3rd parties in the following circumstances: 1. By subpeona or court order. 2. If we have reason to believe you are an imminent danger to yourself or others. 3. In the case we have reason to believe you have violated the rights of others, including without limitation intellectual property rights.
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