Terms of Service

Oct 13, 2026

Revised: October 13, 2026

1. Acceptance of Terms

The SwimClips website and services are provided by SwimClips, Inc. (“SwimClips”). The terms and conditions in this Terms of Service (this “TOS”) govern your (“you” or “your”) access to and use of the SwimClips technology-enabled services, including the https://swimclips.com/ website, Mobile Apps, or SwimClips Store (both as defined below), as well as other related subdomains, applications, software, content, services, personalized links and/or platforms, together with all versions and upgrades thereto (collectively, the “Platforms”) and, unless expressly stated otherwise, all other services, offerings, and products provided by SwimClips, including our licensing of Recording Software (as defined below) and video; audio; or other similar digital media (“Digital Media”) (collectively, the “Digital Services”) as well as our sale of Recording Systems (as defined below) (together with the Digital Services, the “Services”).

PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT, ACCESSING OR USING THE WEBSITE AND/OR SERVICES, OR MAKING ANY PURCHASE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE PLATFORMS AND/OR THE SERVICES.

THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR THE SERVICES AND PRODUCTS, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 17 (BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

You represent and warrant that you: (a) are of legal age, meaning the greater of eighteen (18) years of age or the age of majority where you live (“Age of Majority”) to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; and (c) are not a person barred from using the Platforms and/or Services under the laws of any applicable jurisdiction. If you are a minor under the Age of Majority (each a “Minor Child”), you may not enter into this TOS, and your parent or legal guardian (each, a “Guardian”) must enter into this TOS on your behalf.

By accepting this TOS, if you are the Guardian of a minor, you represent that you have reviewed and agreed to this TOS on behalf of your Minor Child and authorize SwimClips to provide the Services and access to the Platforms to such Minor Child. Guardians remain fully responsible and liable for all actions taken by Minor Children using the Services under their authorization.

IF YOU ARE ENTERING INTO THIS TOS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THIS TOS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MAY NOT ACCESS OR USE THE SERVICES.

SwimClips may, at its sole discretion, update this TOS at any time for any reason, and depending on where you reside, we may require your further consent to any updates to this TOS. If SwimClips makes a material change to this TOS, SwimClips will provide you with notice of the material change. Your continued use of the Services following any changes to this TOS constitutes your acceptance of the modified TOS. If you do not agree to the new TOS, you should not use the Services. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by SwimClips.

2. Description of the Services

(a) SwimClips Store.

(i) Meet Videos. We work with: (1) team coaches (“Coaches”); (2) meet and practice venues and event organizers (“Organizers”); (3) and other individuals and entities associated with swim meets and practice sessions ( “Operators”, and together with Coaches and Organizers, “Program Providers”) to provide you with the opportunity to purchase videos of you or your swimmer (“Swimmer”) from meets (“Meet Videos”), by allowing you to connect a USA Swimming ID number (“Swimmer ID”), as further described in Section 3(c) (Accounts) below. We also allow you to purchase personalized professional voice-overs or other video or audio enhancements (“Media Enhancements”) on Meet Videos or other Swimmer videos you upload to the Platform.

(ii) Physical Goods. We sell underwater video recording systems, including cameras, mounts, and other related physical devices (“Recording Systems”) to Operators (in such capacity, “Recording Operators”).

(iii) Recording Software. We license software and other technological offerings to Recording Operators to support their use of Recording Systems (collectively, “Recording Software”) to generate Meet Videos and practice or training videos (“Practice Videos”, and together with Meet Videos “Swimmer Videos”), among other purposes.

(b) SwimClips Coach.

We allow certain Program Providers, including Coaches, to share and discuss Swimmer Videos with Swimmers directly on the Platforms.

(c) Relationship to Operators.

Our Services, including Swimmer Videos, are provided to you in partnership and in accordance with the terms and conditions of our agreements with Operators and Recording Operators. There are a few important things to note:

(i) Operators, and not us, are responsible for all aspects of the meets and practices, including determining when and how Recording Systems are deployed;

(ii) If applicable, Recording Operators, and not us, are responsible for the operating the Recording Systems and producing Swimmer Videos;

(iii) We, and not the Operators or Recording Operators, license Digital Media to you. That means that our name, not the Operator’s name, will be on your credit card bill. For more information about how this works, see Section 7 (SwimClips Store and Purchases) below.

(iv) Our Platforms, including the SwimClips Store, may be integrated with certain Organizers’ platforms or offerings. For more information about how that works, see Section 11 (Third Parties) below.

3. User Minimum Requirements and Accounts

(a) User Minimum Requirements.

Upon entering into this TOS, you represent and warrant to SwimClips that:

(i) You are at least the Age of Majority. If you are the Guardian of a minor, you may enter into this TOS on behalf of your Minor Child who is thirteen (13) years of age or older, provided that you will be legally bound by this TOS and responsible for such Minor Child’s use of the Services, access of the Platforms, and any Purchases made. SwimClips reserves the right to require verification of your age and any parental consent allowing a Minor Child to use the Services or access the Platforms. Minor Children under thirteen (13) years of age are not permitted to access or use the Services independently. Access and use of the Services by Minor Children is subject to the restrictions in Section 3(c)(ii) (Minor Children Accounts).

(ii) You agree to comply with all and any local, national and international laws, rules and regulations (hereinafter “Applicable Law”) regarding online conduct and the transmission of information on the Internet and governing the parties’ respective rights, duties, and obligations hereunder, as applicable.

(iii) You understand your use of the Services is at your sole option, discretion, and risk.

(iv) You understand the telecommunications networks and Internet access services required for you to download and use the Services are entirely beyond the control of SwimClips, and SwimClips shall have no liability whatsoever for any outages, slowness, capacity constraints, or other deficiencies affecting the same.

(b) SafeSport Code.

All users of SwimClips service are bound by the SafeSport Code implemented and enforced by the U.S. Center for SafeSport (“Center”). The Center is recognized by the United States Congress, the United States Olympic and Paralympic Committee (“USOPC”), and USEF as the official safe sport organization for all Olympic, Paralympic, Pan American, and Para Pan American sports in the United States. The Center promulgated a SafeSport Code (“Code”) that binds all Participants (as defined in the Code) and subjects them to discipline for Code violations. The Code can be found at https://uscenterforsafesport.org/response-and-resolution/safesport-code/.

(c) Accounts.

(i) General Requirements. To access and use the Services, you and, if applicable, each individual authorized by you to access and use the Services on your behalf (each, an “Authorized User”) will need to create an account with SwimClips (an “Account”).

If you are entering into this TOS on your own behalf as an individual, SwimClips may request further information from you, including personally identifiable information, in order to create and authenticate your Account. Except as expressly permitted herein, you may not share access to your Account with anyone. You are fully responsible for all activities that occur under your Account, even if such activities were not authorized by you. You agree to notify SwimClips immediately of any unauthorized use of your Account or any other breach of security.

If you are entering into this TOS on behalf of a company or other legal entity, you shall ensure that each Authorized User creates an Account before accessing and using the Services. Each Authorized User may not share access to their Account with anyone. You are fully responsible for all activities that occur under an Account, even if such activities were not authorized by you or the applicable Authorized User. You agree to notify SwimClips immediately of any unauthorized use of an Account or any other breach of security.

When you create your Account, and as you maintain your Account, and continue to use the Services:

(A) You agree that the information that you provide to us will at all times be true, accurate, current and complete.

(B) You may never use another user’s account at any time without the account holder’s authorization.

(C) You are solely responsible for maintaining the confidentiality of your Account, username and password and for all activities associated with or occurring under your Account.

(D) You may not transfer your Account to any other person without our prior written approval, which may be granted or withheld in our sole discretion.

To the extent permissible under Applicable Law, SwimClips will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of unauthorized use of your Account, except to the extent such loss or damage results from SwimClips’ gross negligence or willful misconduct.

(ii) Account Types. SwimClips offers the following types of Accounts:

(A) Coach Accounts. “Coach Accounts” are available to Coaches and permit the Account holder to access and share Swimmer Videos, communicate with Swimmers through the SwimClips Coach feature, and connect to a master repository of Swimmer Videos across one or more teams or organizations. A Coach Account may be linked to multiple teams or Program Providers, as permitted by SwimClips.

(B) Operator Accounts. “Operator Accounts” are available to Operators, including Recording Operators, and permit the Account holder to manage the deployment of Recording Systems, access and manage Meet Videos and Practice Videos captured under their organization, and access other Operator-facing features of the Services.

(C) Organizer Accounts. There is no separate Account type for Organizers. Depending on its role, an Organizer may hold a Coach Account, an Operator Account, or both, as determined by SwimClips.

(D) General Accounts. “General Accounts” are available to individuals who do not qualify for a Coach Account or Operator Account, including individuals accessing the Services on their own behalf or on behalf of a Swimmer. Subject to the applicable terms herein, General Accounts may permit the Account holder to connect Swimmer IDs, purchase Digital Services and Recording Systems through the SwimClips Store, and access Swimmer Videos associated with connected Swimmer IDs.

SwimClips reserves the right to establish additional Account types, modify the features and permissions associated with any Account type, or discontinue any Account type at any time, with or without notice.

(iii) Minor Children Accounts. If you are a Guardian of a Minor Child, you may create a General Account for your Minor Child who is at least thirteen (13) years of age and permit such Minor Child to access and use the Services, subject to Section 3(a)(i) (User Minimum Requirements); provided, however, that you are not permitted to create an Account for your Minor Child under the age of thirteen (13), and such Minor Child may only access the Services under your direct supervision and through your Account.

(iv) SwimClips Store. To make purchases through the SwimClips Store, you must have a valid Account and provide us or our payment processor with an eligible payment method in accordance with the payment terms in Section 7 (SwimClips Store and Purchase) below. We reserve the right to cancel any purchase if you fail to provide or maintain any of the above.

(v) General Accounts and Swimmer Videos. To view or access Swimmer Videos through a General Account, you must connect a valid Swimmer ID to such Account. Once connected, you will only be able to view or access Swimmer Videos associated with that Swimmer ID. A Swimmer ID may only be connected to a single General Account at a time; provided, however, that additional users may request permission to connect the same Swimmer ID to their General Account, and such connection will only be permitted upon approval by the General Account holder to whose Account the Swimmer ID is already connected. SwimClips reserves the right to approve or deny any such request in its sole discretion. When you connect a Swimmer ID to your General Account, you represent and warrant that such Swimmer ID belongs to you or your Minor Child.

(vi) Swimmer ID Verification.

(A) SwimClips reserves the right, in its sole discretion, to: (1) verify or require verification of any Swimmer or Swimmer ID connected to any Account, regardless of Account type, at any time; (2) investigate any Account or Swimmer connection that SwimClips believes, in good faith, to be inaccurate, unauthorized, fraudulent, or in violation of this TOS; and (3) disconnect any Swimmer or remove any Swimmer ID from an Account pending or following any such investigation, or if SwimClips determines that the Account holder does not have the right for any such connection. You agree to cooperate with SwimClips in connection with any such verification or investigation, including by providing such documentation or information as SwimClips may reasonably request.

(B) If you believe that a Swimmer ID has been connected to an Account without authorization or in violation of this TOS, you may submit a request for investigation to SwimClips at info@swimclips.com. SwimClips will review all such requests but retains sole discretion to determine whether any action is warranted and shall have no obligation to respond to or act upon any such request.

(C) Notwithstanding the foregoing, SwimClips has no obligation to verify, investigate, or take any action with respect to any Account or Swimmer connection, and SwimClips’ failure to investigate or act shall not constitute a waiver of any right hereunder or create any liability on the part of SwimClips. SwimClips shall not be liable to you or any third party for any disconnection of any Swimmer or removal of a Swimmer ID made in accordance with this Section, or for any failure to investigate or act on any reported concern.

4. Rights to The Services

(a) License to the Digital Services.

Subject to your compliance in all material respects with the terms and conditions of this TOS and any policy or other agreement of or with SwimClips, SwimClips grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, install, and use the Digital Services (including the Platforms and Digital Media) on a personal mobile device or computer that you own and control only and solely for your personal, training, or educational uses. For Recording Software, the license granted hereunder is limited to installation and use of the Recording Software in executable, machine-readable, object code form. Your access to and use of the Digital Services must further comply in all material respects with all usage guidelines posted by SwimClips. SwimClips may terminate this license in accordance with the termination provisions of this TOS. For the avoidance of doubt:

(i) The Digital Services, including all Swimmer Videos and other Digital Media, are licensed, not sold. Words such as “transfer,” “sell”, “sale” or “buy”, “purchase” are solely related to the transfer of license rights in the Digital Services in accordance with this TOS. You do not acquire ownership of the Digital Services, but only the right to use them in accordance with this TOS; and

(ii) All Digital Media captured and rendered by SwimClips is delivered to and loaded on your device by the Services. You have no expectation of receiving any tangible personal property containing Digital Media, and no such transfer occurs in connection with your access to or use of the Digital Services.

(b) Mobile Apps.

SwimClips may make available mobile software applications, including Recording Software, for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the Apple App Store, Amazon Appstore, Google Play or any similar service (an “App Store”), your use of such Mobile App is further subject to your compliance in all material respects with the terms and conditions of the applicable usage rules set forth by such App Store. This TOS is between you and SwimClips only and not with the proprietor of any App Store (a “Third-Party Proprietor”), and no Third-Party Proprietor is responsible for Mobile Apps and the contents thereof; however, any Third-Party Proprietor and its subsidiaries are third-party beneficiaries of this TOS with respect to Mobile Apps. To use the Mobile Apps, you must have a mobile device that is compatible with the applicable Mobile App, and SwimClips does not represent or warrant that the applicable Mobile App will be compatible with your mobile device. You may use mobile data in connection with the Mobile Apps and incur additional charges from your wireless provider for these services; you agree that you are solely responsible for such charges.

5. Service Availability and Updates

(a) Availability.

We do not guarantee that any Services will be available at all times, in all locations, or at any given time or that we will continue to offer any particular Services for any particular length of time. SwimClips does not guarantee that the Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

(b) Updates.

The Services may from time to time automatically download and install updates from SwimClips. These updates are designed to improve, enhance or further develop the Services and may take the form of bug fixes, enhanced features, new software modules or completely new versions. You agree to receive such updates and permit SwimClips to deliver these to you under the terms of the license granted herein.

6. Privacy Policy And SMS Terms

In addition to this TOS, the SwimClips Privacy Policy, available at https://swimclips.com/privacy/, (the “Privacy Policy”) applies to how SwimClips may process information provided as part of the Services. As applicable, you acknowledge and agree that by accessing or using the Services, SwimClips may receive certain information about you, including personal data, as set forth in the Privacy Policy, and SwimClips may collect, use, disclose, store, share, transfer and process such personal data in accordance with such Privacy Policy, which may be amended from time-to-time. SwimClips’ databases are located in the United States. SwimClips makes no claim that its Services are appropriate or lawful for use or access outside of the United States. If you access the Services from outside the United States, you are consenting to the transfer of your personal information from your location to the United States. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and access to the Services. By providing us your information, you further consent to its storage within the United States.

By providing your mobile phone number via the Services or otherwise to SwimClips, you consent to receive text messages (SMS) for limited purposes which may include verifying your identity, enabling two-factor authentication and completing account login or verification processes (“Verification Messages”). Message frequency will vary depending on your use of the Services (for example, when you log in and two-factor authentication is triggered). Message and data rates may apply and your mobile carrier’s rates and charges apply. SwimClips is not responsible for any such charges. You can cancel the Verification Messages at any time by texting “STOP” to the short code. After you send the SMS message “STOP”, you will be sent an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive Verification Messages. If you want to join again, just sign up as you did the first time. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@swimclips.com. Verification Messages may be sent by third-party providers in accordance with the Privacy Policy. By opting in to Verification Messages, you represent that you are the owner or authorized user of the mobile number provided and that you understand that SMS may not be delivered in all areas or at all times.

7. SwimClips Store and Purchases

SwimClips offers an online store to purchase Recording Systems and license Digital Services, including Swimmer Videos and Media Enhancements (the “SwimClips Store”).

(a) Shipping; Returns; and Refunds.

All physical products are shipped in accordance with our shipping and delivery policy (the “Shipping Policy”), which can be found here.

All returns and refunds shall be processed in accordance with our return policy (the “Return Policy”), which can be found here.

(b) Pricing.

The price listed at checkout or on the order confirmation page is the final price for Recording Systems and Digital Services sold or licensed by SwimClips through the SwimClips Store, and we will charge the credit card or other means of payment you provide to make orders on the Services immediately upon purchase. You agree to pay all fees for all Recording Systems or Digital Services ordered through the SwimClips Store as set forth on the checkout or order confirmation page, including but not limited to shipping fees (“Fees”), in accordance with terms set forth herein and any additional terms set forth on the Services. All Fees are non-cancellable and non-refundable.

(c) Subscriptions.

If you are accessing Digital Services, such as Recording Software, pursuant to a monthly, annual, or other subscription (each, a “Subscription”), any termination of this TOS prior to the end of the current billing period will take effect at the end of the current billing period. If you do cancel your Subscription, you will continue to have access to the relevant portions of the Digital Services through the end of your billing period. You must cancel your Subscription prior to 11:59 p.m. UTC on the day before your next recurring billing date in order to avoid being charged for the next billing period. If you do not timely cancel your Subscription, your Subscription will be renewed at the price in effect at the time of renewal or as notified by SwimClips prior to the renewal date, without any additional action by you, and you authorize us to charge your payment method for such amounts. To cancel a Subscription, you may navigate to your Account and follow the instructions provided therein or reach out to SwimClips at info@swimclips.com.

(d) Payment.

You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your Minor Children or others acting with or without your permission use your credit card or other means of payment to make orders on the Services; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

All payments will be made in United States dollars and are non-refundable. You hereby: (i) acknowledge and agree that SwimClips uses or may use one or more third-party payment services to process your payment information in lieu of directly processing your credit card information (each, a “Payment Provider”), which may change from time to time; (ii) acknowledge and agree that SwimClips will not be responsible for any payments as a result of your failure to provide up-to-date and accurate information to the Payment Provider; (iii) acknowledge and authorize SwimClips and the Payment Provider to store and process your information in order to charge all Fees to your chosen payment method; and (iv) acknowledge and agree that SwimClips will not be responsible for any failures of the Payment Provider to adequately protect such information. As with all Third Party Providers: (1) SwimClips is not a party to any agreement between you and the Payment Provider; (2) SwimClips does not control the Payment Provider’s privacy and data security policies; and (3) all financial matters regarding your information are subject to the conditions of the Payment Provider’s terms of service. You can find more information about the Payment Provider in the Privacy Policy.

(e) Late Payments.

If you fail to pay any past due invoice, SwimClips may revoke or suspend the Services until such time as you bring your account completely current. SwimClips may charge interest on all past due invoices at a rate of 1.5% per month or the highest rate allowed by applicable law, whichever is lower.

(f) Taxes.

Unless otherwise noted, items sold by SwimClips are subject to state and local sales tax in accordance with applicable laws. SwimClips may not collect sales or use taxes in all states. The sales tax indicated on the checkout page is an estimate. The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes.

(g) Digital Media Disclaimer.

As between you and SwimClips, all Digital Media is provided “as is” and on an “as available” basis without a warranty or condition of any kind, and SwimClips has no responsibility for ensuring that the Digital Media is operable. All sales of Digital Services, including Digital Media, are final. Without limiting the foregoing, SwimClips makes no warranty or representation regarding the quality, clarity, completeness, or usability of any Digital Media, and shall have no liability for any deficiencies in Digital Media arising from conditions outside of SwimClips’ reasonable control, including without limitation: (i) weather conditions, including rain, glare, or reduced visibility; (ii) water conditions, including water clarity, turbidity, or surface disturbance; (iii) lighting conditions at the venue; (iv) pool or facility conditions; (v) the positioning, movement, or performance of the Swimmer during recording; or (vi) any other environmental, venue, or operational conditions beyond SwimClips’ control. You acknowledge and agree that such conditions may affect the quality of Digital Media and that SwimClips shall have no obligation to re-record, replace, or refund any Digital Media on account of such conditions.

8. Proprietary Rights

(a) Responsibility for Content.

You are solely responsible for all information, data, text, documents, and other materials (“Data”), provided by you, either directly or indirectly, to SwimClips through your use of the Services. You acknowledge and agree that: (i) the Services may provide access to or rely on Data from third parties (including without limitation, from Third-Party Providers (as defined below)); (ii) you, and not SwimClips, are entirely responsible for all Data (if any), including ensuring the accuracy, completeness, and integrity of such Data that you or Authorized Users submit, upload, email, transmit, or otherwise make available, either directly or indirectly, through the Services or to SwimClips; and (iii) you are solely responsible for obtaining all necessary rights and licenses to make, submit, upload, email, transmit, or otherwise make available all Data for SwimClips to exercise its rights granted and fulfill its obligations set forth herein, including as necessary for SwimClips to process any Data you submit or make available, either directly or indirectly, to the Services in accordance with this TOS. You further hereby represent and warrant that your submission of Data to SwimClips, either directly or indirectly, will not violate this TOS, any SwimClips usage guidelines or other policies, or any laws applicable to such Data, including without limitation intellectual property laws and any privacy or data protection laws governing any personal or sensitive information.

License to Data.

You hereby grant SwimClips and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide directly or indirectly, including any Data, in connection with the Services to the extent necessary for SwimClips to exercise its rights granted and fulfill its obligations set forth herein. In plain terms, this means that SwimClips may use Data, content, or other materials you choose to give to SwimClips, including videos, images, or other data, solely to operate, maintain, and improve the Services. For example, if you purchase Media Enhancements, this paragraph allows SwimClips to share your video with the professional providing the voice over and to edit that video, including adding the voice over. It does not give SwimClips the right to use the video you provide for unrelated purposes. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.

(b) Ownership of the Digital Services.

Except as expressly provided herein, SwimClips retains and reserves all rights in and to the Digital Services not expressly granted in this TOS. You acknowledge and agree that, as between you and SwimClips, SwimClips and its licensors own all right, title, and interest (including all intellectual property rights) in the Digital Services and all data, content and other materials within the Services and derived thereof. The Digital Services are protected by U.S. and international copyright and other intellectual property laws and treaties.

(c) Aggregated Data.

Notwithstanding anything to the contrary, SwimClips shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning your Data and data derived therefrom) (“Aggregated Data”), and SwimClips will be free (during and after the term of this TOS) to (i) use Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other SwimClips products and services, and (ii) disclose Aggregated Data solely in de-identified form in connection with SwimClips’ business, products and services. SwimClips shall own all right, title, and interest in and to the Aggregated Data.

(d) Trademarks.

Except as expressly authorized herein, you may not use “SwimClips” or any of SwimClips’ names, brands, trademarks, service marks or logos that SwimClips makes available on the Services (“Marks”). SwimClips claims trademark protection over all such Marks. You will not remove or alter the Marks or any proprietary notices on or within the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with SwimClips. You will not otherwise use the Marks in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to SwimClips’ benefit.

9. User Conduct and Restrictions

(a) Prohibited Conduct.

Except as otherwise permitted under this TOS or under Applicable Law, in your use of the Services, you will not, and will not allow any Authorized Users to:

(i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS;

(ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;

(iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;

(iv) provide use of the Services on a service bureau, rental, or managed services basis, provide, or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device;

(v) access the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services;

(vi) violate any applicable local, state, provincial, federal, or international law or regulation, or use the Services for any illegal, unauthorized, or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;

(vii) remove or obscure any proprietary notice that appears within the Services;

(viii) impersonate any person or entity, including SwimClips personnel, or falsely state or otherwise misrepresent your affiliation with SwimClips, or any other entity or person;

(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

(x) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;

(xi) use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Services;

(xii) use data scraping, web scraping, web harvesting, web data extraction, or similar means to extract data from the Services; or

(xiii) download, reproduce, or archive any substantial portion of the Services.

(b) Prohibited Content.

You will not upload, submit, post, email, store, transmit, or otherwise make available to the Services, directly or indirectly, any Data that:

(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, hateful, discriminatory, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;

(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);

(iii) infringes, misappropriates, or otherwise violates any patent, trademark, trade secret, copyright, or other proprietary right of any person;

(iv) violates any person’s privacy, likeness, publicity, personality, or similar rights;

(v) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;

(vi) contains software viruses or any other code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware; or

(vii) consists of information that you know or have reason to know is false or inaccurate.

(c) Enforcement.

SwimClips shall have sole discretion and control over (i) moderating and removing any Data on the Platforms and (ii) determining whether any Data violates this TOS or any guidelines set forth by SwimClips or otherwise. SwimClips’ failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by SwimClips, and does not create a private right of action for any other party.

(d) Minors

The Services are available only to, and may only be used by, individuals who are at least the Age of Majority, except as expressly provided in Sections 1 (Acceptance of Terms) and 3 (User Minimum Requirements and Accounts). In all cases, the Guardian Account holder is the user of record and is responsible for ensuring compliance with this TOS.

Although we will not knowingly collect information directly from any Minor Child: (i) under the age of thirteen (13), regardless of whether a Guardian has accepted this TOS; or (ii) thirteen (13) years of age or older whose Guardian has not created an Account or otherwise accepted this TOS, we may receive and process personally identifiable information of such Minor Children (“Child Personal Information”). We may receive Child Personal Information from Account information provided by you or your Minor Child who is thirteen (13) years of age or older, Program Providers other users, or other Data Providers, as defined below. For example:

(i) by connecting the Swimmer ID of a Minor Child to your Account, we may have access to that Swimmer’s name;

(ii) we may receive Child Personal Information from Coaches or Organizers, such as team or meet registration information or meet results;

(iii) Swimmer Videos may incidentally capture or otherwise contain Child Personal Information relating to Minor Children other than the Swimmer associated with a connected Swimmer ID, and SwimClips may provide, process, and display such Swimmer Videos even if they contain such information; and

(iv) Program Providers may submit Child Personal Information to SwimClips in connection with enrolling Swimmers in SwimClips Coach, sharing Swimmer Videos, or otherwise using the Services in their capacity as an Operator, and SwimClips may receive, store, and process such information as necessary to provide the Services.

Maintaining the confidentiality of your Account information and Child Personal Information is a responsibility we take seriously—we will not use or disclose Child Personal Information or your Account information except as provided in this TOS, as necessary to provide the Services, or as otherwise authorized by you. Such necessary uses and disclosures may include, without limitation, providing Child Personal Information to our service providers and contractors. We will only use or disclose Child Personal Information in accordance with our Privacy Policy.

(e) SwimClips Coach.

(i) Generally. As a part of the Services, SwimClips may permit Coaches or other Program Providers connected to a Swimmer to share Swimmer Videos and communicate with the Swimmer (the “SwimClips Coach”), subject to each party entering into and complying with this TOS. A Swimmer, or an Account associated with a Swimmer, may access SwimClips Coach only after a SwimClips Coach if the applicable Program Provider enrolls the Swimmer by linking to such Swimmer’s Account or sharing a Swimmer’s email with us, subject to Section 9(e)(ii) (Program Providers) and all terms regarding Minor Child Accounts herein. We are not responsible for any Program Providers’ actions related to SwimClips Coach. You agree and acknowledge that your use, or your permission for your Minor Child Swimmer to use, of SwimClips Coach is in your sole discretion. If you are a Guardian, you shall be fully responsible for monitoring your Minor Child Swimmer’s use of SwimClips Coach at all times.

(ii) Program Providers. Each Program Provider that uses SwimClips Coach, or facilitates the use of SwimClips Coach by others, shall: (A) have a legitimate connection to or affiliation with each Swimmer it enrolls, such as serving as such Swimmer’s Coach; (B) have all necessary permissions to enroll such Swimmer, including, for any Minor Child, the permission of such Minor Child’s Guardian; and (C) use SwimClips Coach only to communicate with a Swimmer through a valid Account associated with such Swimmer or such Swimmer’s Guardian. Each Program Provider represents and warrants that it will comply with the foregoing requirements at all times while using or facilitating the use of SwimClips Coach, and any breach of this Section 9(e)(ii) shall constitute a material breach of this TOS.

10. Feedback

If you elect to provide or make available to SwimClips any suggestions, comments, ideas, improvements or other feedback relating to the Services as provided through the Services or otherwise (“Feedback”), SwimClips shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

11. Third Parties

(a) Third-Party Providers.

The Services may include or provide access to products, services, content, data, or offerings (“Third-Party Offerings”) owned by or licensed to third parties (“Third-Party Providers”), including third-party data providers and platforms that supply competition, event, or other operational data to the Services (each, a “Data Provider”). You acknowledge that different terms of use and privacy policies may apply to your use of such third-party products and services, including through a Third-Party Integration (as defined below), and that such terms and policies are solely between you and the applicable Third-Party Provider. You agree that SwimClips does not endorse any Third-Party Provider and is not responsible or liable for any issues related to any Third-Party Providers or third-party products or services. With respect to Data Providers, SwimClips may receive, access, and process data from Data Providers through the Services, including swimmer information, event schedules, results, and other related data (collectively, “Provider Data”). You acknowledge and agree that: (i) Provider Data is sourced from the applicable Data Provider and SwimClips does not independently verify the accuracy, completeness, or timeliness of any Provider Data; (ii) SwimClips is not responsible for any errors, omissions, or discrepancies in Provider Data received from any Data Provider; (iii) your use of any Provider Data accessed through the Services is subject to the terms and conditions of the applicable Data Provider; and (iv) SwimClips shall have no liability arising from its reliance on or use of Provider Data supplied by any Data Provider. SwimClips reserves the right to suspend or discontinue any Data Provider integration at any time, with or without notice, and shall have no liability to you as a result of any such suspension or discontinuance.

(b) Third-Party Integrations.

Through your use of the Services, you may have access to certain integrations between the Services and certain Third-Party Offerings (“Third-Party Integrations”). You hereby represent and warrant that you shall have all rights and licenses necessary (i) to link and/or enable any such Third-Party Integration, and (ii) for any Data provided via any such Third-Party Integration to be accessed by the Services or otherwise provided to SwimClips. If you link and/or enable any such Third-Party Integration, you acknowledge that SwimClips may allow the Third-Party Providers to access your Data to the extent required for the interoperation of such Third-Party Offering with the Services. SwimClips will not be responsible for any disclosure, modification, or deletion of any Data resulting from any such access by Third-Party Providers, and you are responsible for providing any and all instructions to such Third-Party Providers about the use and protection of such Data.

(c) No Implied Endorsements

In no event shall any reference to any Third-Party Provider, Third-Party Integration, or other third party or third-party product or service be construed as an approval or endorsement by SwimClips of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website, product or service does not imply that we endorse or accept any responsibility for the content or use of such website, product or service. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

12. Indemnification

You shall indemnify and hold SwimClips and its affiliates, and each of their officers, directors, members, managers, employees, agents, partners and licensors (collectively, “SwimClips Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to the extent resulting from or arising out of any third-party claim, demand, or action related to: (i) Data provided to SwimClips; (ii) your violation of this TOS, any law or regulation, or any rights (including intellectual property or privacy rights) of any third party; (iii) your use of any Third-Party Integrations; or (iv) your use of the Services, except as expressly permitted in this TOS.

13. Disclaimer of Warranties

(a) General Disclaimer.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE OR ACCESSIBLE THROUGH THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PHYSICAL PRODUCTS IS ADDRESSED IN SECTION 7 OF THIS TOS. ALL OTHER LIABILITY IS GOVERNED BY THIS SECTION 13 (DISCLAIMER OF WARRANTIES) AND SECTION 14 (LIMITATION OF LIABILITY) OF THIS TOS.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SWIMCLIPS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(b) UGC Disclaimer.

EXCEPT AS PROHIBITED BY APPLICABLE LAW, SWIMCLIPS IS NOT LIABLE FOR AND IS NOT OBLIGATED TO SCREEN, APPROVE, EDIT, OR CONTROL ANY USER-GENERATED CONTENT (“UGC”) THAT YOU, USERS, CREATORS, THIRD PARTY PROVIDERS OR OTHER PERSONS OR ENTITIES CREATE, GENERATE, PUBLISH, OR OTHERWISE MAKE AVAILABLE ON THE SERVICES, INCLUDING SWIMMER VIDEOS, MEDIA ENHANCEMENTS, OR ANY CONTENT IN OR RELATED TO SWIMCLIPS COACH. SWIMCLIPS MAY, HOWEVER, AT ANY TIME, WITHOUT NOTICE, AND WITHOUT ANY OBLIGATION TO YOU OR ANY OTHER PERSON, REMOVE, EDIT, BLOCK OR SUSPEND THE AVAILABILITY OF ANY UGC THAT SWIMCLIPS THINKS VIOLATES THIS TOS OR IS OTHERWISE OBJECTIONABLE. YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY SEE UGC FROM A VARIETY OF SOURCES AND YOU UNDERSTAND THAT UGC COULD BE INACCURATE, OFFENSIVE, OR OBJECTIONABLE. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHT OR REMEDY THAT YOU HAVE OR MAY HAVE AGAINST SWIMCLIPS REGARDING UGC. IF NOTIFIED BY A USER OR CONTENT OWNER THAT UGC ALLEGEDLY VIOLATES THIS TOS, SWIMCLIPS MAY INVESTIGATE AND DECIDE WHETHER TO REMOVE THE UGC.

(c) No Implied Representations and Warranties.

THE SWIMCLIPS PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (III) DATA THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

(d) Non-Reliance.

ALL DATA MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL DATA BEFORE TAKING OR OMITTING ANY ACTION. YOU SHOULD NOT RELY ON THE SERVICES AND YOU SHOULD NOT USE THE SERVICES FOR ADVICE OF ANY KIND.

(e) Disclaimer Limitation.

THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS TOS (UNLESS SUCH LAW PROVIDES OTHERWISE).

14. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SWIMCLIPS PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT PROVIDED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE COMPLETE EXCLUSION OF SWIMCLIPS’ LIABILITY FOR DIRECT DAMAGES, SWIMCLIPS’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS TOS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

15. Suspension and Termination

(a) Termination for Convenience.

Either party may terminate this TOS at any time. To terminate this agreement, you may navigate to your Account and follow the instructions provided therein or reach out to SwimClips at info@swimclips.com. If you are accessing the Services pursuant to a Subscription, this TOS shall remain applicable to your access of the Services for any remaining duration of such Subscription.

(b) Termination or Suspension for Cause.

If you violate this TOS, SwimClips may, with or without notice to you, immediately suspend or terminate your access to and use of the Services without any liability to you.

(c) Right to Modify Services.

SwimClips reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and SwimClips shall not be liable to you or any third party for any such modification or discontinuance.

(d) Effect of Termination; Survival.

Upon termination of this TOS for any reason: (i) SwimClips, in its sole discretion, may remove and discard Data and other information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that SwimClips shall not be liable to you or any third party for any termination of your account or access to the Services.

16. Governing Law

This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of California, without regard to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this TOS, regardless of the states in which the parties do business or are incorporated.

17. Binding Arbitration and Class Action Waiver

(a) Binding Arbitration.

ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $20,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

(b) Arbitration Procedure.

The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Santa Clara County, California, or if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(c) Class Action Waiver.

WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SANTA CLARA COUNTY, CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(d) Injunctive Relief.

Notwithstanding anything to the contrary, either party may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 17.

(e) Effect of Changes.

If SwimClips implements any material change to this Section 17, such change shall not apply to any Claim for which you provided written notice to SwimClips before the implementation of the change.

18. Legal Compliance

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where the Services are delivered or used and that you are not: (i) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

19. U.S. Government Entities

This section applies to access to or use of the Services by a branch or agency of the United States government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. § 2.101. Such items are provided to the United States government: (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. § 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. §§ 227.7202-1 and 227.7202-3. The United States government shall acquire only those rights set forth in this TOS with respect to such items, and any access to or use of the Services by the United States government constitutes: (a) agreement by the United States government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (b) acceptance of the rights and obligations herein.

20. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement please provide SwimClips’ Agent for Notice of Copyright Claims the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of the material that you claim is infringing and where that material may be accessed within the Services; (iv) your address, telephone number and email address; (v) a statement by you 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 the law; and (vi) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact SwimClips’ Agent for Notice of Copyright Claims. SwimClips’ Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims
1361 Aster Ln.
Cupertino, CA 95014
Phone Number: 408-359-7203
Email: support@swimclips.com

21. California Users & Residents

In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. General Provisions

This TOS constitutes the entire agreement between you and SwimClips concerning your access to and use of the Services and supersede all prior and contemporaneous oral or written negotiations and agreements between you and SwimClips with respect to such subject matter. In the event of any conflict between or among this TOS and any other agreement, privacy policy, or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. You hereby consent and authorize SwimClips to contact and communicate with you through electronic means, including through email. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of SwimClips. The failure of SwimClips to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by SwimClips hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.