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Peekaroo.com Website Terms of Use and Notices

Last Updated: January 1, 2007

1. ACCEPTANCE OF TERMS

This is an agreement ("Agreement") between you and Swan Visual Studio. This Agreement governs your use of the Peekaroo.com Website. Peekaroo.com (“Peekaroo”) is owned, operated, and maintained by Swan Visual Studio. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

Swan Visual Studio offers the use of the Peekaroo Web Site to you conditioned upon your acceptance without modification of this agreement. Your use of the Peekaroo Web Site constitutes your acceptance of this agreement, which contains disclaimers of warranty and liability.

Swan Visual Studio reserves the right to change the terms, conditions, and notices under which it offers the Peekaroo Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the Peekaroo Web Site. Your continued use of the Peekaroo Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

2. NO UNLAWFUL OR HARMFUL USE OF THE PEEKAROO WEB SITE

The Peekaroo Web Site is only for your personal use. You agree that you will not use the Peekaroo Web Site in any way that is unlawful, or harms Swan Visual Studio, its affiliates, resellers, distributors, service providers and/or suppliers or any customers. Swan Visual Studio may tell you about certain specific harmful uses in a code of conduct or other notices available through the Peekaroo Web Site, U.S. mail or email, but has no obligation to do so.

You may not use the Peekaroo Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Peekaroo Web Site. Without limiting the generality of this section, you may not use the Peekaroo Web Site in any manner that could damage, disable, overburden, or impair the Peekaroo Web Site (or the network(s) connected to the Peekaroo Web Site) or interfere with any other party's use and enjoyment of the Peekaroo Web Site.

3. DISCLAIMER AND LIABILITY LIMITATIONS

Swan Visual Studio, its affiliates, resellers, distributors, service providers and/or suppliers, do not warrant or guarantee the accuracy or timeliness of any information available from the Peekaroo Web Site. In addition, Swan Visual Studio makes no representation that the operation of the Peekaroo Web Site or the web sites of our affiliates, resellers, distributors, service providers and/or suppliers, will be uninterrupted or error free.

The Peekaroo Web Site is provided to you "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To that end, you agree that Swan Visual Studio will not be held liable to you or any third party for any indirect, special, incidental, or consequential damages or losses incurred by you whatsoever. This includes any losses arising out of the operation, or the inability to operate or access any portion of the Peekaroo Web Site, or the web sites of our affiliates, resellers, distributors, service providers and/or suppliers.

In no event will Swan Visual Studio be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the Peekaroo Web Site, even if any of our affiliates, resellers, distributors, service providers and/or suppliers has advised you of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

If you are dissatisfied with the Peekaroo Web Site, you do not agree with any part of this agreement, or you have any other dispute or claim with or against Swan Visual Studio with respect to this agreement, then your sole and exclusive remedy is to discontinue using the Peekaroo Web Site.

The liability of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable.

4. CHANGES TO THE PEEKAROO WEB SITE; ADDITIONAL DISCLAIMER AND LIABILITY LIMITATIONS

Swan Visual Studio may change the Peekaroo Web Site or delete features in any way, at any time and for any reason. As you use the Peekaroo Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "content") originated by Swan Visual Studio, its affiliates, resellers, distributors, service providers and/or suppliers.

You acknowledge and agree that Swan Visual Studio, its affiliates, resellers, distributors, service providers and/or suppliers, are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data.

In addition, you acknowledge and agree that Swan Visual Studio is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the Peekaroo Web Site or the web sites of our affiliates, resellers, distributors, service providers and/or suppliers, (2) any incompatibility between the Peekaroo Web Site and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Peekaroo Web Site in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties through links contained on the Peekaroo Web Site. The limitations, exclusions and disclaimers of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.

5. INDEMNIFICATION

You agree to indemnify and hold Swan Visual Studio harmless for any demands, liabilities, losses, cost and claims, including reasonable attorney’s fees asserted against Swan Visual Studio, its agents, officers, employees, assigns and subcontractors, that may arise from your use of the Peekaroo Web Site, your connection to the Peekaroo Web Site, your failure to follow the terms of this agreement, your violation of any rights of another, or result from any service provided, performed or agreed to be performed, or sold to you through the Peekaroo Web Site by any of our affiliates, resellers, distributors, service providers and/or suppliers.

6. GOVERNING LAW

This Agreement with Swan Visual Studio shall be construed and enforced in accordance with the laws of the State of Illinois, without giving any effect to its conflicts of laws provisions. Any dispute under this Agreement shall be heard in court of competent jurisdiction located in Cook County, Illinois.

7. TERMINATION; ACCESS RESTRICTION

Swan Visual Studio may terminate this Agreement, or terminate or suspend your access to the Peekaroo Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Peekaroo Web Site will immediately cease. Upon such termination or suspension, any information you have stored on the Peekaroo Web Site may not be retrieved later.

Failure by you to follow any term or condition of this Agreement will serve as grounds for immediate termination of this Agreement, and the severance of pending and future Agreements with you. Swan Visual Studio reserves the right to revise its policies at any time with or without notice to you.

8. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Swan Visual Studio may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Peekaroo Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Swan Visual Studio with respect to the Peekaroo Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Swan Visual Studio with respect to the Peekaroo Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

9. COPYRIGHT AND TRADEMARK NOTICES