Terms of Use

Terms of Use

Your access to and use of this Website are subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing this Website you accept without limitation or qualification these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use this Website.

1. Unless otherwise noted you must assume all content is copyrighted and may not be used without prior written consent from Nightswimming. Where noted, you may download material displayed on the Site for non-commercial, personal use ONLY, provided you also retain all copyright and proprietary notices contained on the materials. You may not distribute, modify, transmit, re-use, or repost the content on this Website for public or commercial purposes without Nightswimming’s prior written permission.

2. Nightswimming makes no warranties or representations as to the accuracy of the content on this Website and assumes no liability nor responsibility for errors or omissions in the content of this Website. Further, Nightswimming makes no representations or warranties regarding your use of the content or materials displayed on this Website and specifically does not warrant or represent that your use will not infringe the rights of any third party. Your use of this Website is at your own risk. Nightswimming nor any other party involved in the production of this Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to or use of this Website. All content and any other material, item or thing whatsoever is provided “AS IS” without warranty of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non- infringement. As some jurisdictions may not allow the exclusion of implied warranties, some of the exclusions set out above may not apply to you. Check your local laws for applicability. Nightswimming shall not be liable for any damage to your equipment as a result of your use of this Website or your downloading or browsing of any materials, data, text, video, images or audio from this Website.

3. Trademarks, wordmarks and logos (the “Marks”) on this Website should not be considered granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Website without the prior written permission of Nightswimming. Your misuse of the Marks or any other content displayed on this Website is strictly prohibited. Please be advised that Nightswimming will aggressively protect its intellectual property rights to the fullest extent of the law.

4. Nightswimming is not responsible for any sites linked to or from this Website or the content contained on such sites. You follow these links at your own risk.

5. Nightswimming is not responsible for the postings by visitors on bulletin boards and/or any other interactive forums made available on this Website. Nightswimming assumes no responsibility or liability arising from such postings. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane language or material, or any material that may encourage the commission or a crime, create a civil liability or violate any law. Nightswimming will fully cooperate with the law enforcement authorities or a court order requesting or directing the disclosure of the identity of any person posting such content.

6. You agree to indemnify, defend and hold Nightswimming harmless from and against any and all claims, liability, losses, costs and expenses (including attorney fees) incurred by any Indemnified Party as a result of any breach by you of these Terms and Conditions. Nightswimming, may, in his sole discretion, assume the exclusive defense of any claim to which this indemnification applies and in such case, you agree to fully cooperate with Nightswimming in its defense of such claim.

7. This Website is controlled and operated by Nightswimming from Toronto, Ontario, Canada. Nightswimming makes no representation that content and materials contained on this Website are appropriate or available for use at other locations and/or countries. Those who choose to access this Website do so of their own initiative and are responsible for compliance with applicable local laws. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing and signed by Nightswimming. This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action brought by any matters related to this Website shall be brought in only either the provincial or Federal Courts located in the Province of Ontario, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

8. Nightswimming may revise these Terms and Conditions at any time by updating this document. You are bound by such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.