Terms of Use

SWTHEORY MOVIE PRODUCTIONS LTD., a company incorporated pursuant to the laws of the province of British Columbia in Canada (the “Company”) provides this website and the products and services thereon to you subject to the following terms and conditions (the “Terms”). These Terms describe your and the Company’s rights and obligations when using this website, and the services, and/or the products thereon.

The Terms may be amended by the Company from time to time without notice, and the version applicable to you is the one that is published on each date and at the time you access the website. Your use of this website, services, and products thereon constitutes your irrevocable acceptance of these Terms.

These Terms limit the Company’s liabilities to you and impose liabilities on you. By accessing this website, you confirm that you have carefully read these Terms, and have obtained or have had an opportunity to obtain independent legal advice from your own lawyers prior to using this website, or services or products thereon.

The use of the term “you” in these Terms refers to the individual, company, organization or other legal entity that is subject to these Terms.

If you enter into these Terms on behalf of a company, organization or other legal entity, you agree that you have the authority to bind that entity to these Terms.  If you are not of the age of majority in your place of residence, do not agree with these Terms, or otherwise do not have the authority to enter into these Terms in full, you must not access or use this website, or the services or the products thereon.

1. Term

These terms apply to you upon your first access to the website and continue in perpetuity.

1. Limitation of Liabilities of Company

The Company, its directors, officers, employees, contractors, agents, insurers, and volunteers will not, under any circumstances, be liable to you or any person for any damages of any kind, without limitation, direct, indirect, general, special, consequential or incidental, arising from the use of, or inability to use, this website or the services or products provided through this website, whether or not such damages might be foreseeable and whether or not the Company is informed of the possibility of such damages.

1. Disclaimer of Warranties by the Company

The services, products, and material provided on or through this website are provided on an “as-is-where-is as-available” basis and without warranties or representations of any kind, whether express or implied. The Company expressly disclaims all representations, warranties, guarantees and assurances of any kind, express or implied, in relation to the material, services, or products on this website, including but not limited to any warranties of merchantability, title, quality, non-infringement of third-party rights, or fitness for a particular purpose or any purpose. Without limiting the generality of the foregoing, the Company does not provide any warranty, promise, representation, guarantee or assurance that the material, services, or products on this website will be error free, uninterrupted or free from defect, loss, corruption, attack, viruses, interference, hacking or security intrusion.

1. Your Release of the Company

You hereby release the Company, its directors, officers, employees, contractors, agents, insurers, and volunteers, against any and all liabilities, losses, claims, damages, actions, causes of action, costs and expenses that you may sustain, incur, suffer, or be put to by reason of any use by or on behalf of you of this website, the services or products provided through this website, or the results of any breach of these Terms by you or on behalf of you.

You will not make any claim or take any proceedings, in respect of any matters which relate to the Terms herein against any person, company, corporation or other legal entity who can, will or may claim contribution, indemnity or other relief from the Company, its directors, officers, employees, contractors, agents, insurance, or volunteers (“Further Claim”). If you make a Further Claim, you hereby fully indemnify and saves harmless the Company, its directors, officers, employees, contractors, agents, insurance, and volunteers, against any liability, losses, damages, costs and expenses, including, without limitation, legal fees and costs on a solicitor and own client basis,  suffered or incurred by any one or more of them as a result of any such Further Claim.

1. Your Indemnification of the Company

You hereby indemnify, save and hold harmless the Company, its directors, officers, employees, contractors, agents, insurer, and volunteers against any and all liabilities, losses, claims, damages, actions, causes of action, costs and expenses, including, without limitation, legal fees and costs on a solicitor and own client basis, that any person may sustain, incur, suffer, or be put to by reason of any use by or on behalf of you of this website, the services or products provided through this website, or as a result of any breach of these Terms by you, or as a result of any liability incurred by you under these Terms.

1. Your Liability to the Company

You will be liable to the Company for all damages suffered by the Company, directly or indirectly, including, without limitation, legal fees and costs on a solicitor and own client basis, as a r esult of a breach by you, or any person or entity under your control, of a term or condition of these Terms. Damages will include losses or damages of any kind suffered by the Company, including, without limitation: all costs put to the Company related to the repair of any such matter; loss of human resource, insurance, income, revenue, savings or profit; and any cost related to business interruption or slowdown of production, delivery, or sale of services and products by the Company.

1. Ownership of Intellectual Property by the Company

This website contains proprietary information and material that is owned or controlled by the Company, its subsidiaries, affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademarks. Without limiting the foregoing, the website and the products are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. You acknowledge and agree that you will not use such proprietary information, materials or product in any way except in compliance with these Terms. All rights in the website, its contents, and products thereon, are reserved worldwide and the copying, redistribution, use or publication by you of any of same beyond the scope of these Terms is strictly prohibited. The website contains trademarks, service marks, logos, icons and trade-names (collectively, “Trademarks”) that are the property of the Company, or such other party as is indicated with respect to that Trademark. No license is granted for any such Trademarks. You will not remove any proprietary notices marked on, contained within or accompanying any material or product connected to this website.

1. Licence by You to Company of Intellectual Property

You hereby grant an irrevocable worldwide licence to the Company to use, re-use, modify, and publish any material that you submit, post, or upload through this website or links associated with it, and you represent and warrant that you own the intellectual property of such work, and are authorized to grant the Company the foregoing licence.

1. Restrictions of Access to Website

The Company may at any time suspend the operation of this website, the services, or remove any or all of the material, services or products, for any period of time, or indefinitely, without any prior notice, whether for the purposes of updating and upgrading, system maintenance, closing part or all of the operation of the Company, or otherwise. This website and its contents may be modified, deleted, edited or withdrawn by the Company at its absolute discretion and at any time without prior notice.

The Company also reserves the right to immediately suspend or terminate your access to this website, and to the services and products thereon, for any reason whatsoever without notice to you and without prejudice to other remedies that the Company may have.  The Company will not be liable to you or any other person for termination of your access to the website, or services or products thereon.

1. Third-Party Contents

This website may contain information and materials provided to the Company by third parties, including users of this website (collectively, “Third-Party Contents”). Third-Party Contents may be copyrighted work of its owner, who retains all right, title and interest in and to the Third-Party Contents, including, without limitation, all intellectual property rights therein and thereto. Any and all Third-Party Contents will be subject to these Terms. In addition to being subject to these Terms, Third-Party Contents may also be subject to different and/or additional terms of use and/or privacy policies of such third parties.

The Company does not and cannot review all Third-Party Contents, and is not liable or responsible for such contents. This website is simply a passive conduit for such Third-Party Contents and makes no representations or warranties as to the appropriateness or accuracy of such contents.

1. Cautions for Use

You are warned that the products provided on this website carry the risk of causing damages, including but not limited to, the following:

• The blade on saber may detach;
• The screw connecting the saber to the handle may become lose;
• The battery can overheat and cause damage including fire, especially if you do not use the specified voltage in the product manual that is available on this website;
• The product includes parts that may become lose and become a chocking hazard for pets and children; and
• The flashing light action on the blade may cause seizure for people who are susceptible to reacting to flashing light.

1. Restrictions on Use

You agree that you will not do any of the following:

1. Publish, post, or submit through this website any material that you are not authorized to publish or with respect of which you are not authorized to license their use of by the Company as set out under these Terms;

1. Publish or submit through this website or any emails linked to this website any harassing, libelous, abusive, threatening, obscene, defamatory, embarrassing, distressing, derogatory, unlawful, tortious, harmful, vulgar, racially or ethnically offensive, hateful or otherwise objectionable materials;

1. use the website, services, or products thereon in breach of applicable laws;

1. use the website, services, or products thereon to obtain particulars and contact information of persons or entities for solicitation purposes, or to harass an individual or an entity;

1. access the website, for the purposes of monitoring availability, performance, or functionality, or for any other benchmarking or competitive purpose;

1. access the website, for the purposes of monitoring availability, performance, or functionality, or for any other benchmarking or competitive purpose;

1. take any action or use any program that impedes, restricts, limits or otherwise jeopardizes the productivity, integrity or security of the website, including by transmitting, disseminating or uploading to the website any viruses, worms, any software intended to damage or alter a computer system without the owner’s consent, or any other harmful, disruptive or destructive, programs, files, data or devices;

1. take any action that might reasonably be construed as likely to affect any other user of this website, including taking any action to view or intercept email or any other electronic transmission not intended for you;

1. take any action that might reasonably be construed as likely to alter or destroy information or computer programs on the Company’s systems or to render the information, programs, or products meaningless, defective, useless or ineffective;
   
2. disassemble, reverse engineer, or modify any part of this website, the products or services provided through this website; or

1. use the products or services on this website in a manner that may directly or indirectly cause harm or damages, whether physically or psychologically, to yourself or others.

1. Linking

All links to third-party sites on this website are provided for your convenience only; they are not an endorsement or referral by the Company. The Company does not control these sites and does not assume any responsibility or liability for any communications, materials, services, or products available at those linked sites. If you wish to provide a link to our website from your website, you may do so, without deleting any frames, structure or any other elements of how our page is presented and displayed through normal use. You may not, without the Company’s express written consent, use any Trademark or use a link to the Company’s website to suggest that the Company sponsors, endorses, approves of, or is affiliated with, you or your website.

1. Website Analytics

The Company uses “cookies” at its discretion for the purpose of operating the business of the Company. By using this website, you agree to the use of cookies by the Company.

1. Privacy

The Company will manage personal information in compliance with the Freedom of Information and Protection of Privacy Act (BC) and the Company’s policies. You may use the contact details on this website to inquire with the Company about its privacy practices and policies.

1. Typographical Errors

If the Company lists a product or service at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for such product or services listed at the incorrect price, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company will issue a credit to your credit card account in the amount of the incorrect price.

1. Returns

The Company may impose return policies that are particular to each transaction, product, or service, and may refuse to accept returns at its own discretion, and may limit returns to giving a store credit that can be used for a limited period only. The Company may also require you to pay for shipping and handling costs at its own discretion, and to delay any store credit or payment to you until the Company has received and examined the condition of the returned product. For inquiries about returns, please contact the Company through this website.

1. Entire Agreement

These Terms contain the entire agreement between you and the Company with respect to the matters herein, and the services and products on this website, and if there is any inconsistency between these Terms and any material elsewhere on this website or any communication that you may have with any representative of the Company, then these Terms will prevail.

1. Validity of Terms

Should any part of these Terms be declared or held invalid for any reason, such invalidity will not affect the validity of the remainder, which will continue in force and effect and be construed as if these Terms had been accepted without the invalid portion.

1. Non-Waiver of Rights

The Company may choose to not enforce or insist upon strict compliance with any rights under these Terms but such practice does not waive the Company’s right to enforce its rights in the future.

1. No Assignment by You

The Company may assign its rights and obligations under these Terms at its own discretion and without notice to you. You may not assign, delegate or otherwise transfer any of your rights or obligations under these Terms, and no assignment, delegation or other transfer will relieve you of any of your obligations or performance under these Terms.

1. Notices

The Company may delivery any notice to you via email or mail, and such notice is effective on the date it is sent if sent by email, and on the fifth business day after it is mailed if it is sent by mail. You must deliver any notice to the Company by registered mail to the Company’s Registered and Records Office, and such notice is effective on the fifth business day after it is delivered to the Company’s Registered and Records Office.

1. Mandatory Arbitration, Governing Law and Jurisdiction

The laws of the province of British Columbia in Canada apply to these Terms and govern the relationship arising from these Terms and your use of this website, and services and products thereon.

Except as stated herein otherwise, all disputes arising out of or in connection with these Terms, or your use of this website, and the services and products thereon, or in respect of any legal relationship associated therewith or derived therefrom, must be referred to and finally resolved by arbitration administered by the Vancouver International Arbitration Centre (VanIAC), or successor organization, pursuant to its applicable Rules.

You agree that you will not appeal any arbitration decision to any court.

The place of arbitration must be Vancouver, British Columbia, Canada.

Notwithstanding the mandatory arbitration provisions herein, the Company may apply to court in any jurisdiction it sees fit for an application against you or any person for a temporary or permanent injunction to enforce these Terms.

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