Terms of Use

Last Updated: December 28, 2024

Acknowledgment

By accessing or using SwirlySkyVentures.com (the “Site”), its related platforms, applications, and services (collectively, the “Services”), you confirm that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you may not use the Services.

These Terms of Use govern all content, features, and functionality provided by Swirly Sky Ventures LLC, including, but not limited to, blog posts, videos, music, books, guides, downloadable materials, creative projects, and other offerings made available through the Services.

By using the Services, you consent to the collection, use, and sharing of information as outlined in our Privacy Policy. You acknowledge that Swirly Sky Ventures LLC may share aggregated and anonymized data with third parties for analytical purposes. Please review our Privacy Policy for more details on how we collect, use, and protect your data.

DISCLAIMER: NOT PROFESSIONAL ADVICE

THE CONTENT PROVIDED ON OR THROUGH THE SERVICES, INCLUDING BLOG POSTS, DOWNLOADABLE MATERIALS, AND ANY OTHER RESOURCES, IS INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING ON THE SERVICES IS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL, FINANCIAL, LEGAL, OR NUTRITIONAL ADVICE. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING IT BASED ON SOMETHING YOU HAVE READ, DOWNLOADED, OR SEEN ON THE SERVICES.

SWIRLY SKY VENTURES LLC MAKES NO GUARANTEES OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR APPLICABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. WHILE WE STRIVE TO PROVIDE HIGH-QUALITY AND ENGAGING RESOURCES, ALL CONTENT REFLECTS THE PERSONAL OPINIONS, CREATIVE EXPRESSIONS, OR INFORMATIONAL EFFORTS OF SWIRLY SKY VENTURES LLC AND ITS CONTRIBUTORS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE RELEVANCE, ACCURACY, AND UTILITY OF ANY CONTENT OR MATERIALS PROVIDED.

Specifically:

Not Medical Advice: THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SWIRLY SKY VENTURES LLC IS NOT STAFFED BY LICENSED MEDICAL PROFESSIONALS, AND ALL HEALTH-RELATED CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH.
Not Financial Advice: CONTENT PROVIDED THROUGH THE SERVICES DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, OR LEGAL ADVICE. SWIRLY SKY VENTURES LLC IS NOT A CERTIFIED FINANCIAL PLANNER, ADVISOR, OR ANALYST. ANY FINANCIAL CONTENT IS OPINION-BASED AND INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. ALWAYS CONSULT A QUALIFIED FINANCIAL PROFESSIONAL BEFORE MAKING FINANCIAL DECISIONS.
Not Nutritional or Fitness Advice: ANY CONTENT RELATING TO DIET, NUTRITION, FITNESS, OR WELLNESS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE GUIDANCE OF LICENSED NUTRITIONISTS, DIETITIANS, PERSONAL TRAINERS, OR OTHER PROFESSIONALS. SWIRLY SKY VENTURES LLC IS NOT STAFFED BY LICENSED NUTRITIONISTS, DIETITIANS, OR FITNESS PROFESSIONALS. CONSULT WITH APPROPRIATE PROFESSIONALS BEFORE MAKING CHANGES TO YOUR DIET, EXERCISE ROUTINES, OR HEALTH REGIMEN.
Not Legal Advice: THE SERVICES DO NOT OFFER LEGAL ADVICE. ANY CONTENT REFERENCING LEGAL CONCEPTS OR IDEAS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL LEGAL COUNSEL. SWIRLY SKY VENTURES LLC IS NOT STAFFED BY LICENSED ATTORNEYS OR LEGAL PROFESSIONALS. FOR ANY LEGAL CONCERNS, CONSULT A QUALIFIED ATTORNEY.
Creative Content Disclaimer: ALL CREATIVE WORKS, INCLUDING BUT NOT LIMITED TO DOWNLOADABLE MATERIALS, VIDEOS, MUSIC, BOOKS, AND GUIDES, ARE PROVIDED “AS IS” WITHOUT ANY GUARANTEE OF QUALITY, ACCURACY, OR COMPLETENESS. THESE WORKS REFLECT THE CREATIVE INTERPRETATIONS AND OPINIONS OF SWIRLY SKY VENTURES LLC AND ITS CONTRIBUTORS.

YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES AND ANY RELIANCE ON THE CONTENT PROVIDED IS SOLELY AT YOUR OWN RISK. SWIRLY SKY VENTURES LLC DISCLAIMS ALL LIABILITY FOR ANY ACTIONS OR DECISIONS TAKEN BASED ON THE INFORMATION OR MATERIALS PROVIDED THROUGH THE SERVICES.

Ownership, Copyright, and Brand Protection

All content and materials provided on SwirlySkyVentures.com (the “Site”) and its related platforms, applications, and services (collectively, the “Services”), including but not limited to text, blog posts, images, videos, audio files, graphics, logos, trademarks, trade names, slogans, downloadable materials, and other creative works (collectively, the “Content”), are the exclusive property of Swirly Sky Ventures LLC. These materials are protected under applicable copyright, trademark, and other intellectual property laws.

Swirly Sky Ventures LLC retains full ownership of its Content, trademarks, and Brand elements, including but not limited to the Swirly Sky Ventures name, logo, slogans, and any other identifying marks associated with the Site or future websites, platforms, or services it may operate.

All rights not expressly granted in these Terms of Use are reserved by Swirly Sky Ventures LLC.

Prohibited Uses

You are prohibited from:

Reproducing, copying, distributing, or publicly displaying any Content or Brand elements for any purpose without prior written permission.
Modifying, adapting, or creating derivative works based on the Content or Brand elements.
Using the Swirly Sky Ventures name, logo, slogans, or trademarks in a manner that may cause confusion, misrepresentation, or imply endorsement or affiliation without explicit written consent.
Registering or using domain names, social media accounts, or other identifiers that include Swirly Sky Ventures LLC’s trademarks, trade names, or Brand elements.
Scraping, data mining, or extracting information or data from the Site through manual or automated means.

Enforcement Actions

Any unauthorized use of Swirly Sky Ventures LLC’s Content or Brand elements is a violation of these Terms of Use and applicable intellectual property laws. Swirly Sky Ventures LLC will take appropriate legal action, including but not limited to:

Cease-and-Desist Notices: Demanding that all unauthorized use cease immediately.
Takedown Requests: Filing requests with hosting providers, search engines, or social media platforms to remove infringing materials or accounts.
Monetary Claims: Seeking compensation, including statutory damages, lost profits, or reputational harm.
Court Injunctions: Requesting legal orders to prohibit further misuse of Content or Brand elements.
Trademark Disputes: Addressing unauthorized use of domain names, social media handles, or other identifiers that infringe on Swirly Sky Ventures LLC’s trademarks or trade names.

Monitoring and Future Expansion

Swirly Sky Ventures LLC actively monitors for unauthorized use of its Content, trademarks, and Brand elements. This policy applies to the Site and any future websites, platforms, or services operated by Swirly Sky Ventures LLC.

General Acknowledgments

By Submitting User Materials on or through the Services, you acknowledge and agree that:

User Materials may be routed through our servers, third-party servers, and the Internet, and may be viewed by Swirly Sky Ventures LLC staff and the general public through the Services.
The Services are designed for generally public communication and are not private.

We reserve the right to screen, refuse to post, remove, or edit User Materials at our sole discretion, without prior notice.

Ownership and License of User Materials

You retain ownership of your User Materials. By Submitting User Materials, you grant Swirly Sky Ventures LLC a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, distribute, transmit, publicly perform, display (including framing), create derivative works of, host, index, cache, tag, encode, and adapt your User Materials in all media formats, platforms, and channels, now known or later developed. You may revoke this license by providing written notice, except where materials have already been publicly shared or incorporated into other works.

Rules for Submitting User Materials

By Submitting User Materials, you agree to abide by the following rules:

No False Information: You may not Submit any User Materials under a false name, false email address, or impersonate another individual.
Prohibited Content: You may not Submit User Materials that are defamatory, false, obscene, indecent, pornographic, violent, abusive, harassing, discriminatory, illegal, harmful to children, in violation of third-party privacy rights, or that constitute hate speech or personal attacks.
Respect for Intellectual Property: You may only Submit User Materials that you own or have the necessary rights and permissions to distribute electronically. You may not Submit content that violates or infringes upon the copyrights, trademarks, privacy, publicity, or proprietary rights of any third party.
No Solicitations or Promotions: You may not Submit User Materials containing solicitations for funds, advertisements, promotions, or recruitment for goods, services, or political campaigns. The Services may not be used for campaigning, soliciting votes, or legislative advocacy.
Responsibility for Submitted Content: You are solely responsible for any User Materials Submitted using your account. Swirly Sky Ventures LLC does not review all User Materials and is not liable for content Submitted by you or others.

Rights to Remove or Modify

While we do not actively monitor all User Materials, Swirly Sky Ventures LLC reserves the right to review, delete, edit, or move any User Materials that we deem, in our sole discretion, to violate these Terms of Use or for any other reason.

Representations and Warranties

By Submitting User Materials, you represent and warrant that you have the necessary rights, permissions, and authority to grant the licenses described above and that the User Materials do not violate any applicable laws or third-party rights.

You agree to indemnify and hold harmless Swirly Sky Ventures LLC, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your use of the Services, or any User Materials you submit. Swirly Sky Ventures LLC reserves the right to assume the exclusive defense and control of any claim, and you agree to cooperate fully and reasonably as requested.

Content Feeds, APIs, and Podcasts

Content Feeds

Swirly Sky Ventures LLC may provide content feeds through the Services, consisting of blog summaries, text excerpts, or downloadable links (collectively, the “Content Feeds”). You may display, excerpt from, and link to the Content Feeds on your personal site, blog, or application, provided that you comply with the restrictions outlined below under Use of Content: Conditions and Acknowledgments. When displaying Content Feeds, you must provide proper attribution to Swirly Sky Ventures LLC, including credit such as “Provided by Swirly Sky Ventures LLC” or similar text adjacent to the Content Feed.

API Content

At our discretion, Swirly Sky Ventures LLC may provide access to certain content, such as blog articles, art, music files, or other materials, through an API. If API access is offered, use will be limited to registered users, and access may be granted only under a separate API agreement. Any API content must be used in accordance with the conditions set forth in Use of Content: Conditions and Acknowledgments. Swirly Sky Ventures LLC reserves the right to revoke API access at any time and establish further usage limits.

Use of Swirly Sky Ventures LLC’s APIs is subject to a separate API licensing agreement. Any unauthorized access or use of APIs is strictly prohibited and constitutes a breach of these Terms of Use.

Podcasts

Swirly Sky Ventures LLC may provide podcasts consisting of downloadable audio content. Podcasts are available for personal, noncommercial use only. You may download, copy, or transfer podcast files to your device solely for personal use, and you may link to podcasts from your site or application, provided you comply with the Use of Content: Conditions and Acknowledgments section below.

Use of Content: Conditions and Acknowledgments

Swirly Sky Ventures LLC’s content may not be used, displayed, or distributed in any way unless prior written permission is explicitly granted.

By requesting and receiving permission to use or display any of Swirly Sky Ventures LLC’s content, you agree to the following conditions:

Personal Use Only: Content may only be used for personal, noncommercial purposes or for noncommercial purposes by nonprofit organizations.
Attribution: You must credit Swirly Sky Ventures LLC as the source and include a link back to the original content on our Site.
No Modifications: You may not modify, copy, translate, create derivative works of, sell, distribute, or sublicense any content.
No Distortion: You may not use content in a way that changes or distorts its fundamental meaning.
No Intermediaries: You may not insert intermediate pages, advertisements, or sponsorships between links to our content and the applicable Swirly Sky Ventures LLC Services page.
No Endorsements: Your use of the content must not suggest that Swirly Sky Ventures LLC endorses or promotes you or any third-party products, services, causes, or ideas.
Streaming Restrictions: All audio or video content must be streamed from our originating servers and may not be downloaded.
Right of Withdrawal: Swirly Sky Ventures LLC reserves the right to withdraw any content at any time and may request you cease use of the content or remove it from your site, application, or platform.

Failure to obtain explicit permission or to comply with these conditions may result in the immediate termination of your right to use Swirly Sky Ventures LLC content or Services.

Links to the Services

Swirly Sky Ventures LLC encourages and permits links to content on its Services, provided that such links do not:

Suggest or imply that Swirly Sky Ventures LLC promotes, endorses, or is affiliated with any third party’s causes, ideas, sites, products, or services.
Use Swirly Sky Ventures LLC content for inappropriate commercial purposes or in any way that is unlawful, harmful, or misleading.

Swirly Sky Ventures LLC reserves the right to withdraw permission for any link at its sole discretion, with or without prior notice.

Links to Third-Party Services

The Services may contain links to third-party websites, applications, platforms, or services over which Swirly Sky Ventures LLC has no control. These third-party services may include, but are not limited to, embedded tools, links to external content, or features that redirect you to other platforms.

Swirly Sky Ventures LLC does not endorse the content, products, or services of such third-party websites, applications, platforms, or services, nor does it assume any responsibility or liability for the accuracy, quality, availability, advertising, products, or services offered through such platforms.
Swirly Sky Ventures LLC is not responsible for the collection, use, or security of data by third-party services. Use of third-party services is at your own risk.
Swirly Sky Ventures LLC shall not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, any such content, products, or services available on or through third-party services.

You are encouraged to review the terms and policies of any third-party services before using them. Swirly Sky Ventures LLC is not responsible for the practices, privacy policies, or content of third-party platforms.

Embedded Third-Party Tools and Sign-In Features

The Services may include embedded tools or sign-in features provided by third parties, such as social media platforms (e.g., Facebook, Google). These tools are governed by the respective terms and policies of the third-party providers. By using these features, you agree to comply with the terms and policies set forth by the respective third parties.

Swirly Sky Ventures LLC is not responsible for the functionality, availability, or terms of use of such tools, nor does it assume any liability for their operation or use. Your use of these tools is at your own risk.

Rules for Use of the Services

By accessing or using the Services provided by Swirly Sky Ventures LLC, you agree to the following rules:

Eligibility:
- You must be at least 18 years of age to access specific features of the Services, such as Submitting User Materials, creating a public profile, participating in contests, or registering for subscription features.
- If you are under 18, you may browse the Services with parental or guardian consent, provided you do not Submit User Materials, create an account, or use features requiring account registration.
- Children under the age of 13 in the United States, or under 16 in the European Union, are not permitted to use the Services or provide any personal information without verified parental consent.
- Swirly Sky Ventures LLC reserves the right to delete accounts or remove content submitted by users who violate these age restrictions. For more details regarding data collection and protections for minors, please refer to our Privacy Policy.
Prohibited Submissions and Actions:
- You may not Submit or upload software or materials containing harmful code, such as viruses, worms, Trojan horses, or other malicious features, that could damage or disable the Services or the property of Swirly Sky Ventures LLC, its users, or third parties.
- You may not use the Services to send unsolicited or bulk communications (e.g., “spam”), or to collect usernames or email addresses for such purposes.
- You may not interfere with the integrity or performance of the Services, attempt to gain unauthorized access to the Services or related systems, or engage in activities that degrade the reliability, speed, or functionality of the Services.
Account Restrictions:
- Swirly Sky Ventures LLC reserves the right to limit or terminate your access to the Services, including any registered accounts, at its sole discretion, for any reason, including violation of these Terms of Use.

User Materials

Users of the Swirly Sky Ventures LLC Services (the “Services”) may post, upload, transmit, or otherwise submit (“Submit”) comments, messages, photos, images, creative works, suggestions, feedback, or other content and materials (“User Materials”) on or through features of the Services, such as blog comment sections, social networking features, contact forms, or any other interactive features we may offer.

Representations

By Submitting any User Materials or personal information through the Services, you represent and warrant that:

You are at least 18 years of age, or you have the necessary parental or guardian consent if applicable.
You own or have obtained all clearances, rights, licenses, and permissions for any User Materials you submit, ensuring they can be used as described in these Terms of Use.
Your User Materials do not contain any encumbrances, restrictions, or third-party claims that could impact their use under these Terms.
Your User Materials and their use by Swirly Sky Ventures LLC and its affiliates, in accordance with these Terms, will not:
- Libel or defame any person or entity.
- Violate or infringe upon the intellectual property, privacy, reputation, or other legal rights of any individual or entity.
- Breach these Terms of Use or any applicable laws.
You are solely responsible for ensuring that all User Materials comply with applicable local, state, national, or international laws and do not infringe upon the intellectual property rights of third parties.

Indemnification

You agree to indemnify, defend, and hold harmless Swirly Sky Ventures LLC, its affiliates, officers, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your breach of any term, condition, representation, warranty, or obligation set forth in these Terms of Use or any policies incorporated by reference.
Your use of the Services, including any actions or omissions taken in reliance on content or materials provided through the Services.
User Materials you Submit, post, transmit, or otherwise make available through the Services.
Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, publicity rights, or contractual obligations.
Your violation of any applicable law, regulation, or statute while using the Services.
Any action, inaction, or decision by you that results in harm to Swirly Sky Ventures LLC or its users, contractors, or partners.

Swirly Sky Ventures LLC reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to fully cooperate with the defense and resolution of such claims. This obligation to indemnify shall survive the termination or expiration of these Terms of Use and your use of the Services.

Disclaimer

Swirly Sky Ventures LLC is not responsible or liable for any User Materials submitted by you or any third party on or through the Services. Swirly Sky Ventures LLC does not guarantee the accuracy of statements made by users or posted on or through the Services, nor does it verify that any User Materials are submitted with the permission of the copyright or proprietary owner or comply with the Rules for Use of the Services or these Terms of Use.

THE SWIRLY SKY VENTURES LLC SERVICES, INCLUDING ALL CONTENT, MATERIALS, USER MATERIALS, DOWNLOADABLE FILES, FEATURES, OR PRODUCTS PROVIDED OR SOLD THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES REGARDING THE OPERATION OF THE SERVICES, THE ACCURACY OR RELIABILITY OF INFORMATION, OR THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, GOODS, OR SERVICES PROVIDED THROUGH THE SERVICES OR ANY LINKED THIRD-PARTY SERVICES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
WARRANTIES AGAINST THE MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT OR DATA MADE AVAILABLE THROUGH THE SERVICES.

Swirly Sky Ventures LLC does not guarantee that the Services will meet your needs, operate without interruption, be free of errors, or remain free of viruses or other harmful components. Use of the Services is entirely at your own risk.

Limitations of Liability

Swirly Sky Ventures LLC does not endorse, recommend, or warrant the content, opinions, materials, or services provided on or through the Services or via third-party links. If applicable laws in your jurisdiction do not allow the exclusion of certain warranties, the exclusions herein will apply to the fullest extent permitted by law.

NOTWITHSTANDING THE FOREGOING, THIS DISCLAIMER DOES NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS OR LIABILITY FOR DAMAGES RESULTING FROM INTENTIONAL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE.

Jurisdictional Application

If applicable law does not allow the exclusion of some or all implied or statutory warranties, the above exclusions will apply to the maximum extent permitted.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWIRLY SKY VENTURES LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES;
ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD THROUGH THE SERVICES, INCLUDING THIRD-PARTY CONTENT OR USER MATERIALS;
DEFAMATORY, OFFENSIVE, INFRINGING, OR ILLEGAL CONDUCT BY ANY THIRD PARTY; OR
FAILURES OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, OR LINE OR SYSTEM FAILURES RELATED TO THE SERVICES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF SWIRLY SKY VENTURES LLC TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS OF USE EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES (IF ANY).

NOTWITHSTANDING THE FOREGOING, THIS LIMITATION OF LIABILITY DOES NOT EXCLUDE CLAIMS ARISING FROM SWIRLY SKY VENTURES LLC’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE, OR DAMAGES RELATED TO PERSONAL INJURY, WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Mobile Services and Data Usage

Swirly Sky Ventures LLC does not charge for access to its mobile-friendly sites, applications, or services (“Mobile Services”). However, your wireless carrier may impose data use charges or other fees based on your usage. You are solely responsible for any such charges incurred when accessing the Mobile Services or transmitting content, including charges that may apply to both the sender and the receiver of content.

Export Control

You agree to use Swirly Sky Ventures LLC’s Services in compliance with all applicable U.S. laws and regulations, including export controls. The Services and any related materials may not be exported or re-exported:

To countries under U.S. embargo or sanctions, or
To individuals or entities on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List or Entity List.

By using the Services, you represent and warrant that you are not located in any such country or on any such list and that your use of the Services complies with U.S. law.

International Users

Swirly Sky Ventures LLC’s Services are operated from within the United States. We make no representation that the content, materials, or products provided through the Services are appropriate or available for use outside of the United States. If you access the Services from outside the United States, you are responsible for compliance with local laws, including those regarding online conduct, content, and export regulations.

Right to Modify or Terminate Services

We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting on the Site. Continued use of the Services constitutes your acceptance of the revised Terms. It is your responsibility to periodically review the Terms to stay informed of updates.

Online Shopping

In the event of errors, such as incorrect pricing or inaccurate product descriptions, Swirly Sky Ventures LLC reserves the right to cancel any orders placed for such items. Receipt of an electronic or other order confirmation does not constitute acceptance of your order or confirmation of an offer to sell. Swirly Sky Ventures LLC may accept or decline orders at its discretion after receipt. Applicable sales tax may be charged and withheld for orders, where required by law. In jurisdictions where sales tax is not withheld, you are solely responsible for reporting and remitting taxes to the appropriate authorities.

Digital Millennium Copyright Act (DMCA) Notices

Swirly Sky Ventures LLC respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Services, please provide the following information in writing to our Copyright Agent (as outlined in 17 U.S.C. § 512(c)(3)):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
A description of the copyrighted work that you claim has been infringed.
A description of the material that you claim to be infringing or the subject of infringing activity, and information sufficient to permit us to locate the material.
Information so that we can contact you, such as your address, telephone number, and email address.
A statement 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.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded, or submitted to the Services, which were subsequently removed or access to which was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (as outlined in 17 U.S.C. § 512(g)):

Your physical or electronic signature.
A description of the material that was removed or to which access was disabled, and the location where the material appeared before it was removed or access was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if you are outside the United States, the jurisdiction of any Federal District Court where Swirly Sky Ventures LLC may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

Swirly Sky Ventures LLC’s Copyright Agent can be reached as follows:

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of Louisiana, USA, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Baton Rouge, Louisiana.

Dispute Resolution and Arbitration

Any disputes arising from these Terms of Use shall be resolved exclusively through binding arbitration conducted in Baton Rouge, Louisiana, in accordance with the rules of the American Arbitration Association. Both parties waive the right to a jury trial or to participate in a class-action lawsuit. Each party will bear its own legal fees and costs, unless otherwise required by applicable law or determined by the arbitrator.

Force Majeure

Swirly Sky Ventures LLC shall not be held liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, cyberattacks, or technical failures beyond Our control.

Miscellaneous

These Terms of Use, together with the Privacy Policy, represent the entire understanding between you and Swirly Sky Ventures LLC regarding the use of the Services and supersede all prior agreements, correspondence, or communications, whether oral or written, related to the use of the Services.

A modification or waiver of any part of these Terms of Use shall not constitute a waiver or modification of any other portion. If any provision of these Terms of Use is found to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will remain in full force and effect.

All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, disclaimers, indemnification, and limitations of liability.

Definitions

For the purposes of these Terms of Use:

“American Arbitration Association” refers to the nonprofit organization providing arbitration and alternative dispute resolution services, as referenced in the Dispute Resolution clause.
“Brand” refers to the identifying marks, symbols, and features associated with Swirly Sky Ventures LLC, including but not limited to its name, logo, slogans, trade names, trademarks, and any related visual or textual branding used on the Site or Services.
“Content” refers to all materials made available through the Site and Services, including but not limited to text, blog posts, images, videos, audio files, graphics, logos, trademarks, trade names, slogans, downloadable materials, and other creative works owned or licensed by Swirly Sky Ventures LLC.
“Content Feeds” refers to any blog summaries, text excerpts, or downloadable links provided by Swirly Sky Ventures LLC for display on third-party websites or applications.
“Copyright Agent” refers to the designated representative of Swirly Sky Ventures LLC for receiving notifications of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA).
“Privacy Policy” refers to the privacy policy governing how Swirly Sky Ventures LLC collects, uses, and shares user information, as available on the Site.
“Services” refers to all content, features, and functionalities provided by Swirly Sky Ventures LLC, including but not limited to websites, applications, digital products, videos, blog posts, and other resources made available through the Site.
“Site” refers to SwirlySkyVentures.com and all associated domains and subdomains.
“Submit” or “Submitting User Materials” refers to the act of uploading, posting, transmitting, or otherwise providing any comments, messages, photos, images, creative works, suggestions, feedback, or other content and materials (collectively, “User Materials”) through features of the Services, including but not limited to blog comment sections, social networking features, contact forms, or any other interactive features offered by Swirly Sky Ventures LLC.
“Swirly Sky Ventures LLC” refers to Swirly Sky Ventures LLC, its subsidiaries, affiliates, officers, employees, and agents.
“Third-Party Services” refers to any websites, applications, platforms, or services not owned or operated by Swirly Sky Ventures LLC but accessible through the Site.
“User Materials” refers to any content, submissions, comments, photos, or other materials that users upload, post, or transmit through the Services.
“We,” “Us,” or “Our” refers to Swirly Sky Ventures LLC and its affiliated businesses.
“You” or “Your” refers to any user of the Services.

Accessibility Statement

We are committed to making our website accessible to as many users as possible, including those with disabilities. While we strive to implement accessibility best practices, our efforts are ongoing, and we recognize that there may be areas where we can improve. We are dedicated to providing an inclusive experience for all users.

Current Accessibility Features

We provide alternative text (alt text) for images to assist screen reader users.
Our website is designed to be responsive and accessible on mobile and desktop devices.

Ongoing Improvements
We are actively exploring ways to enhance the accessibility of our services. We welcome feedback to help us identify and address areas for improvement.

Third-Party Content
Swirly Sky Ventures LLC does not guarantee that all third-party content, links, or integrations comply with accessibility standards. For concerns related to third-party content, we recommend contacting the respective providers directly.

Feedback
If you encounter any accessibility barriers or require assistance using our services, please contact us through our Contact Us page here. We value your input and are committed to addressing concerns promptly.

Disclaimer
Swirly Sky Ventures LLC is not liable for temporary or unforeseen accessibility barriers. However, we are committed to resolving such issues promptly upon notification.

Questions

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