Terms of Use

THE STRENGTH WITHIN GROUP

Welcome to the Strength Within Group for Girls (“swigg”), an online community for teenage girls that connects you with other teenage girls who are looking for advice, entertainment and inspiration from other girls and adults. The swigg service and community ("the "Service") are operated by The Strength Within Group (“The Strength Within”).

Please read this Agreement carefully. It governs your use of the swigg Website located at www.swiggtalk.com and the Service provided through the Website. This Agreement limits or exempts The Strength Within, its service providers (“Providers”) and other persons from liability and contains other important provisions that you should read.

IF YOU ARE A PERSON UNDER THE AGE OF 13, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

BY ACCESSING AND BROWSING THE www.swiggtalk.com WEBSITE OR ANY MOBILE VERSION THEREOF (TOGETHER, THE “WEBSITE”), OR BY USING THE SERVICE, AND WHETHER OR NOT YOU (the “User” or “Member”) REGISTER AS A MEMBER, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE (THE “AGREEMENT”).

IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE WEBSITE, AND/OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.

Each time you use the Website you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. Each time you use the Website, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Website you should check the date of the Agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and use of the Service and may be modified by The Strength Within from time to time. Any modifications shall be effective once posted by The Strength Within on the Website. You may also receive a copy of this Agreement by emailing us at: info@swiggtalk.com, Subject: "Terms of Use Agreement".

In addition, when using particular functionalities and features that are part of the Service, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features ("Additional Terms"), which may be posted from time to time. All such Additional Terms as well as The Strength Within Group Privacy Policy (www.swiggtalk.com/privacy) are hereby incorporated by reference into this Agreement.

If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the Additional Terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.

This agreement contains the following provisions:

Eligibility and Your Acceptance of this Agreement
Changes to this Agreement
Account Requirements
Usernames, Passwords and Member Profiles
Termination of this Agreement and the Web Site
No Advice or Solicitation
Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
User Conduct, Linking and Framing
User Content Posted on the Website
Ownership and Proprietary Rights in the Service
Posting of Copyrighted Materials and Trademarks
Personal Information Privacy
Other Sites
Member Disputes
Third Party Content
Canadian Export Controls
Governing Law and Dispute Resolution
Electronic Communications
Other Matters

1. ELIGIBILITY AND YOUR ACCEPTANCE OF THIS AGREEMENT.

THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD.

The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. The Website may be used only by persons who can form legally binding contracts under applicable law. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.

This is an Agreement between you and The Strength Within which governs your use of the Website and its content, as well as the Services provided through the Website. Each time you visit, browse, make a purchase, access, use the Service or otherwise use this Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Website or the Service.

2. CHANGES TO THIS AGREEMENT.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Service or the Website after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by this Agreement or any future Agreement do not use or access (or continue to use or access) the Service or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to this Agreement and to review such changes. Accordingly, when you use the Website you should check the date of this Agreement and review any changes since the last time you visited.

3. ACCOUNT REQUIREMENTS.

In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to The Strength Within, in order to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. PASSWORDS AND MEMBER PROFILE.

When you sign up to become a Member, you will also be asked to choose a username and a password for your swigg profile. The use of a password does not restrict access by The Strength Within or its Providers to the password-protected information.

Usernames and passwords may not be shared. For security reasons, you must keep your username and password confidential and not disclose them to any person or permit any other person to use them, except an authorized The Strength Within representative. You are entirely responsible for maintaining the confidentiality of your password.

You agree not to use the swigg profile, username, or password of another Member at any time. You agree to notify us immediately at info@swiggtalk.com if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.

All login names and passwords remain the property of The Strength Within, and may be cancelled or suspended at any time by The Strength Within without any notice or liability to you or any other person. The Strength Within is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from The Strength Within, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Website.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.

5. TERMINATION OF THIS AGREEMENT AND THE WEBSITE.

This Agreement will remain in full force and effect while you use the Service and/or are a Member and anytime you on are visiting or surfing our Website. You may terminate your membership at any time, for any reason by following the instructions on the "Help" pages, or upon receipt by The Strength Within of your written or email notice of termination at info@swiggtalk.com.

If you breach any provision of this Agreement, you may no longer use the Website.

The Strength Within may, at any time and for any reason, in its sole discretion, with or without cause, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

The Strength Within may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your ability to use the Website and your login name and password, all without any notice or liability to you or any other person. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

If this Agreement or your permission to use the Website is terminated by you or us for any reason, you will not be entitled to a refund of any unused subscription fees, if any, and this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and your engagement of the Service through the Website and anything connected with, relating to or arising from those matters.

Should you object to the terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Website in any way, your sole and exclusive remedy is to discontinue using the Website.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

6. NO ADVICE OR SOLICITATION

THE CONTENT OF THE WEBSITE DOES NOT CONSTITUTE ADVICE OR RECOMMENDATIONS. YOU SHOULD SEEK THIRD PARTY PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

7. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

The Strength Within strives to make your use of the Website a useful experience. Nevertheless, The Strength Within and its Providers do not accept any liability for your use of the Website. For that reason, the following provisions apply to your use of the Website:

DISCLAIMER

THE WEBSITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND THE STRENGTH WITHIN EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE STRENGTH WITHIN DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE; (B) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE STRENGTH WITHIN DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.

Without limiting the generality of the foregoing, The Strength Within and its providers make no representation, warranty or condition that:

the Website will be compatible with your computer and related equipment and software;
the Website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
the information available on or through the Website will be accurate, complete, sequential, or timely;
particular results or any results at all may be obtained through the use of the Website;
the use of the Website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
the use of the Website will not infringe the rights (including intellectual property rights) of any person.

The Strength Within and its providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

The Strength Within is not responsible or liable in any manner for any User Content or Third Party Content posted on the Website or in connection with the Service, whether posted or caused by Users of the Website or by any of the equipment or programming associated with or utilized in the Website or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Content. The Strength Within is not responsible for the conduct, whether online or offline, of any User of the Website or Service.

The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Strength Within assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Strength Within is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will The Strength Within be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Website or the Service, any User Content or Third Party Content posted on or through the Website or the Service or transmitted to Users, or any interactions between Users of the Website, whether online or offline.

You (and not The Strength Within or its Providers) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Website.

The operation of the Website may be affected by numerous factors beyond The Strength Within’s control. The operation of the Website may not be continuous or uninterrupted or secure. Security and privacy and confidentiality risks cannot be eliminated.

The Strength Within is under no obligation to verify the identity of users of the Website. However, you promise not to share use of your login name or password nor to allow anyone to use the Website posing as you.

LIMITATION OF LIABILITY

NEITHER THE STRENGTH WITHIN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE STRENGTH WITHIN HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION TO THE FOREGOING, THE STRENGTH WITHIN’S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE RELATIONSHIP OF THE PARTIES, OR THE PROVISION OR NON-PROVISION OF GOODS OR SERVICES, (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IN NO EVENT EXCEED THE LESSER OF (I) FIFTY CANADIAN DOLLARS (CDN$50) OR (II) ANY AMOUNT PAID BY YOU TO THE STRENGTH WITHIN GROUP FOR THE SERVICE.

THE STRENGTH WITHIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE.

ALTHOUGH THE STRENGTH WITHIN MAY FROM TIME TO TIME MONITOR OR REVIEW DISCUSSIONS, CHATS, POSTINGS, TRANSMISSIONS, BULLETIN BOARDS, AND THE LIKE ON THE WEBSITE THE STRENGTH WITHIN IS UNDER NO OBLIGATION TO DO SO AND ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY SUCH LOCATIONS NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY INFORMATION WITHIN SUCH LOCATIONS ON THE WEBSITE.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF THE STRENGTH WITHIN AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE, INCLUDING FROM ANY LIABILITY RELATING TO (A) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, WHETHER CAUSED BY ANY USER OF THE SERVICE OR MEMBER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE; (B) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE OR MEMBER; (C) ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR CONTENT PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USER'S AND/OR MEMBER'S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE; (D) ANY LOSS OR DAMAGE CAUSED BY CONTENT POSTED ON THE SERVICE OR TRANSMITTED BY AND TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE AND/OR MEMBERS, WHETHER ONLINE OR OFFLINE; AND (E) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, WEBSITE USER OR MEMBER COMMUNICATIONS.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD EACH OF THE STRENGTH WITHIN AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE, THE USE OF THE WEBSITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY THE STRENGTH WITHIN GROUP AND THE PROVIDERS FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE SERVICES OBTAINED FROM OR THROUGH THE WEBSITE.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.

8. USER CONDUCT, LINKING AND FRAMING.

The Service is for the personal use of individual Members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to The Strength Within or otherwise. Organizations, companies, and/or businesses may not become Members of The Strength Within and should not use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken. Links to the Website without the express written permission of The Strength Within are strictly prohibited. The Strength Within reserves the rights to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Website or any of its content in any form and by any method is strictly prohibited.

You understand that, except for advertising programs offered by us on the Website, that the Service and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Website or for any other purpose. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.

In addition, you agree not to use the Service or the Website to:

upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social insurance numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national or international law;
use or attempt to use another's account, service or system without authorization from The Strength Within, or create a false identity on the Service or the Website; or
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Strength Within, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose The Strength Within or its Users to any harm or liability of any type.

You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members or other parties. Although The Strength Within cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, The Strength Within reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which The Strength Within deems appropriate in its sole discretion.

If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to The Strength Within.

Prohibited activity includes, but is not limited to:

criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any Member.
covering or obscuring the banner advertisements on your personal profile page, or any swigg page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to swigg;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Service in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
using the Service in a manner inconsistent with any and all applicable laws and regulations.

9. USER CONTENT POSTED ON THE WEBSITE.

Any content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission. You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, files, images, sounds, musical works, works of authorship, or any other materials and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Website, or transmit to or share with other Users (collectively the "User Content"). You understand and agree that The Strength Within may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to The Strength Within an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will not expire.

The Strength Within does not claim any ownership rights in the User Content that Users post to swigg. After posting User Content to swigg, you continue to retain all ownership rights in such User Content.

The license you grant to The Strength Within is non-exclusive (meaning you are free to license your User Content to anyone else in addition to The Strength Within), fully-paid and royalty-free (meaning that The Strength Within is not required to pay you for the use on swigg of content that you post), sublicensable (so that The Strength Within is able to use its affiliates and subcontractors such as Internet content delivery networks to provide swigg), and worldwide (because the Internet and the Service is global in reach).

You further represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Service.

You hereby waive to the world all moral rights which you may have in the User Content. The Strength Within shall be entitled to moderate, modify, edit and revise the User Content in any manner The Strength Within shall determine.

You understand and agree that The Strength Within may (but is not obligated to) review any User Content that is posted on the Website and delete or refuse to take online any such User Content, including, without limitation, any User Content that in the sole judgment of The Strength Within violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the User Content that you post on the Services, or transmit to other Members or third parties. By posting User Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to The Strength Within an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the User Content and you will not post any illegal or prohibited User Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of User Content that is illegal or prohibited on the Website ("Prohibited Content"). The Strength Within reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.

Prohibited Content includes Content that:

is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind and in any form;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13;
provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to Canadian embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
otherwise violates the terms of this Agreement or creates liability for The Strength Within.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

10. PROPRIETARY RIGHTS IN THE SERVICE.

The Website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Website are the property of The Strength Within, its Providers and others, and are protected by Canadian and international copyright, trade-mark and other laws. Your use of the Website does not transfer to you or any other person any ownership or other rights in the Website or its content. You may only use the Website in the manner described specifically in this Agreement.

The Strength Within owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trade-marks, and other proprietary information ("Intellectual Property") of The Strength Within, and its licensors, including other swigg Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any User Content and material included therein.

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted, and may not be used except as provided in this Agreement without the prior written permission of The Strength Within. The Strength Within neither warrants or represents that your use of materials displayed on the Website will not infringe the rights of third parties who are not owned or affiliated with The Strength Within.

The trade-marks, logos, and service marks (collectively the "Trade-marks") displayed on the Website are registered and unregistered Trade-marks of The Strength Within and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on the Website without the written permission of The Strength Within or such third party that may own the Trade-marks displayed on the Website. Your misuse of the Trade-marks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that The Strength Within will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The Website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of The Strength Within. You may not use any of the software that is used in the operation of the Website except in the course of using the Website. You may not reproduce, copy, duplicate, sell, or resell any part of the Website (including the software used in the operation of the Website) or access to the Website.

The Website is made available to you for your lawful use only. You may access and browse the Website using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

11. POSTING OF COPYRIGHTED MATERIALS AND TRADEMARKS.

You may not post, distribute, or reproduce in any way any copyrighted material, trade-marks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement The Strength Within can be reached by writing the following:

198 Mill Street
Milton, Ontario
L9T 1S2

Liz@swiggtalk.com and/or Sarah@swiggtalk.com

Attn: Liz Coulson and/or Sarah Robertson

To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, The Strength Within has adopted a policy of terminating, in appropriate circumstances and at The Strength Within's sole discretion, members who are deemed to be repeat infringers. The Strength Within may also at its sole discretion limit access to the Website and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. PERSONAL INFORMATION PRIVACY

The collection, use and disclosure of personal information on the Website in relation to the Services or otherwise by The Strength Within is governed by The Strength Within Group Privacy Policy (the “Privacy Policy”), a link to which may be found at www.swiggtalk.com/privacy, and which The Strength Within reserves the right to amend from time to time. The terms and conditions contained in the Privacy Policy are incorporated in this Agreement, and by using the Website and the Services provided by swigg, you acknowledge and confirm that you have read the Privacy Policy and consent to the collection, use and disclosure of your personal information, as outline therein. Accordingly, we request that you read the Privacy Policy before you provide any personal information and before you continue to use the Website.

13. OTHER SITES.

The Website may include links to other Websites or resources and businesses operated by other persons (“Other Sites”). Other Sites are independent from The Strength Within, and The Strength Within has no responsibility or liability for or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Strength Within Group does not sponsor or endorse any Other Sites or their content or the services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against The Strength Within Group arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and The Strength Within, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

14. MEMBER DISPUTES.

Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that The Strength Within will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), The Strength Within is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.

15. THIRD PARTY CONTENT.

Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, (a) you agree that we are not responsible for any such content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Members, advertisers, and other third parties.

16. CANADIAN EXPORT CONTROLS.

Any software provided by The Strength Within Group through the Services (the "Software") is further subject to Canadian export controls. No Software may be downloaded from the Website or otherwise exported or re-exported into (or to a national or resident of) any Country to which Canada has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. GOVERNING LAW AND DISPUTE RESOLUTION.

This Agreement, your use of the Website, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between The Strength Within and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and the federal courts located in the Province of Ontario, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand Canadian Dollars (CDN$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, The Strength Within may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

18. ELECTRONIC COMMUNICATIONS.

The communications between you and The Strength Within use electronic means, whether you visit the Website or send us emails, or whether The Strength Within posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The Strength Within in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Strength Within provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.

19. OTHER MATTERS.

This Agreement contains the entire agreement between you and The Strength Within regarding the use of the Services.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement.

The failure of The Strength Within to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

The provisions of this Agreement will enure to the benefit of and be binding upon each of The Strength Within and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of The Strength Within, which may be withheld in The Strength Within’s sole discretion. The Strength Within may assign this Agreement and its rights and obligations under this Agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and The Strength Within are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

Any rights not expressly granted by this Agreement are reserved to The Strength Within Group.

This Agreement is subject to change without notice. Please contact us with any questions regarding this Agreement.