MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall beresponsible for maintaining the secrecy and confidentiality of your password and for all activitiesthat transpire on or within your account. It is your responsibility for any act or omission of anyuser(s) that access your account information that, if undertaken by you, would be deemed aviolation of the TOS. It shall be your responsibility to notify BSwanky immediately if you noticeany unauthorized access or use of your account or password or any other breach of security.BSwanky shall not be held liable for any loss and/or damage arising from any failure to complywith this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that allinformation, text, software, data, photographs, music, video, messages, tags or any other content,whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility ofthe individual from whom the content originated. In short, this means that you are solelyresponsible for any and all content posted, uploaded, emailed, transmitted or otherwise madeavailable by way of the BSwanky Services, and as such, we do not guarantee the accuracy,integrity or quality of such content. It is expressly understood that by use of our Services, you maybe exposed to content including, but not limited to, any errors or omissions in any content posted,and/or any loss or damage of any kind incurred as a result of the use of any content posted,emailed, transmitted or otherwise made available by BSwanky.
Furthermore, you herein agree not to make use of BSwanky’s Services for the purpose of:a) uploading, posting, emailing, transmitting, or otherwise making available any content thatshall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/orracially, ethnically, or otherwise objectionable;b) causing harm to minors in any manner whatsoever;c) impersonating any individual or entity, including, but not limited to, any BSwanky officials,forum leaders, guides or hosts or falsely stating or otherwise misrepresenting anyaffiliation with an individual or entity;d) forging captions, headings or titles or otherwise offering any content that you personallyhave no right to pursuant to any law nor having any contractual or fiduciary relationshipwith;e) uploading, posting, emailing, transmitting or otherwise offering any such content that mayinfringe upon any patent, copyright, trademark, or any other proprietary or intellectualrights of any other party;f) uploading, posting, emailing, transmitting or otherwise offering any content that you do notpersonally have any right to offer pursuant to any law or in accordance with anycontractual or fiduciary relationship;g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited orunauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form ofsolicitation, except in any such areas that may have been designated for such purpose;h) uploading, posting, emailing, transmitting, or otherwise offering any source that maycontain a software virus or other computer code, any files and/or programs which havebeen designed to interfere, destroy and/or limit the operation of any computer software,hardware, or telecommunication equipment;i) disrupting the normal flow of communication, or otherwise acting in any manner that wouldnegatively affect other users’ ability to participate in any real time interactions;j) interfering with or disrupting any BSwanky Services, servers and/or networks that may beconnected or related to our website, including, but not limited to, the use of any devicesoftware and/or routine to bypass the robot exclusion headers;k) intentionally or unintentionally violating any local, state, federal, national or internationallaw, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.Securities and Exchange Commission, in addition to any rules of any nation or othersecurities exchange, that would include without limitation, the New York Stock Exchange,the American Stock Exchange, or the NASDAQ, and any regulations having the force oflaw;l) providing informational support or resources, concealing and/or disguising the character,location, and or source to any organization delegated by the United States government asa “foreign terrorist organization” in accordance to Section 219 of the ImmigrationNationality Act;m) “stalking” or with the intent to otherwise harass another individual; and/orn) collecting or storing of any personal data relating to any other member or user inconnection with the prohibited conduct and/or activities which have been set forth in theaforementioned paragraphs.BSwanky herein reserves the right to pre-screen, refuse and/or delete any content currentlyavailable through our Services. In addition, we reserve the right to remove and/or delete any suchcontent that would violate the TOS or which would otherwise be considered offensive to othervisitors, users and/or members.BSwanky herein reserves the right to access, preserve and/or disclose member accountinformation and/or content if it is requested to do so by law or in good faith belief that any suchaction is deemed reasonably necessary for:a) compliance with any legal process;b) enforcement of the TOS;c) responding to any claim that therein contained content is in violation of the rights of anythird party;d) responding to requests for customer service; ore) protecting the rights, property or the personal safety of BSwanky, its visitors, users andmembers, including the general public.BSwanky herein reserves the right to include the use of security components that may permitdigital information or material to be protected, and that such use of information and/or material issubject to usage guidelines and regulations established by BSwanky or any other contentproviders supplying content services to BSwanky. You are hereby prohibited from making anyattempt to override or circumvent any of the embedded usage rules in our Services. Furthermore,unauthorized reproduction, publication, distribution, or exhibition of any information or materialssupplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree tocomply with all local rules relating to online conduct and that which is considered acceptableContent. Uploading, posting and/or transferring of software, technology and other technical datamay be subject to the export and import laws of the United States and possibly other countries.Through the use of our network, you thus agree to comply with all applicable export and importlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program ofthe United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:a) are not on the list of prohibited individuals which may be identified on any governmentexport exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)nor a member of any other government which may be part of an export-prohibited countryidentified in applicable export and import laws and regulations;b) agree not to transfer any software, technology or any other technical data through the useof our network Services to any export-prohibited country;c) agree not to use our website network Services for any military, nuclear, missile, chemicalor biological weaponry end uses that would be a violation of the U.S. export laws; andd) agree not to post, transfer nor upload any software, technology or any other technical datawhich would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
BSwanky shall not lay claim to ownership of any content submitted by any visito,r member, oruser, nor make such content available for inclusion on our website Services. Therefore, youhereby grant and allow for BSwanky the below listed worldwide, royalty-free and non-exclusivelicenses, as applicable:a) The content submitted or made available for inclusion on the publicly accessible areas ofBSwanky’s sites, the license provided to permit to use, distribute, reproduce, modify,adapt, publicly perform and/or publicly display said Content on our network Services is forthe sole purpose of providing and promoting the specific area to which this content wasplaced and/or made available for viewing. This license shall be available so long as youare a member of BSwanky’s sites, and shall terminate at such time when you elect todiscontinue your membership.b) Photos, audio, video and/or graphics submitted or made available for inclusion on thepublicly accessible areas of BSwanky’s sites, the license provided to permit to use,distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Contenton our network Services are for the sole purpose of providing and promoting the specificarea in which this content was placed and/or made available for viewing. This license shallbe available so long as you are a member of BSwanky’s sites and shall terminate at suchtime when you elect to discontinue your membership.c) For any other content submitted or made available for inclusion on the publicly accessibleareas of BSwanky’s sites, the continuous, binding and completely sub-licensable licensewhich is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate,publicly perform and/or publicly display said content, whether in whole or in part, and theincorporation of any such Content into other works in any arrangement or medium currentused or later developed.Those areas which may be deemed “publicly accessible” areas of BSwanky’s sites are those suchareas of our network properties which are meant to be available to the general public, and whichwould include message boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
BSwanky provides an area for our users and members to contribute feedback to our website.When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site,you acknowledge and agree that:a) your contributions do not contain any type of confidential or proprietary information;b) BSwanky shall not be liable or under any obligation to ensure or maintain confidentiality,expressed or implied, related to any Contributions;c) BSwanky shall be entitled to make use of and/or disclose any such Contributions in anysuch manner as they may see fit;d) the contributor’s Contributions shall automatically become the sole property of BSwanky;ande) BSwanky is under no obligation to either compensate or provide any form ofreimbursement in any manner or nature.
All users and/or members herein agree to insure and hold BSwanky, our subsidiaries, affiliates,agents, employees, officers, partners and/or licensors blameless or not liable for any claim ordemand, which may include, but is not limited to, reasonable attorney fees made by any thirdparty which may arise from any content a member or user of our site may submit, post, modify,transmit or otherwise make available through our Services, the use of BSwanky Services or yourconnection with these Services, your violations of the Terms of Service and/or your violation ofany such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploitfor any commercial reason any part, use of, or access to BSwanky’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that BSwanky may set up any such practices and/or limits regarding theuse of our Services, without limitation of the maximum number of days that any email, messageposting or any other uploaded content shall be retained by BSwanky, nor the maximum numberof email messages that may be sent and/or received by any member, the maximum volume orsize of any email message that may be sent from or may be received by an account on ourService, the maximum disk space allowable that shall be allocated on BSwanky’s servers on themember’s behalf, and/or the maximum number of times and/or duration that any member mayaccess our Services in a given period of time. In addition, you also agree that BSwanky hasabsolutely no responsibility or liability for the removal or failure to maintain storage of anymessages and/or other communications or content maintained or transmitted by our Services.You also herein acknowledge that we reserve the right to delete or remove any account that is nolonger active for an extended period of time. Furthermore, BSwanky shall reserve the right tomodify, alter and/or update these general practices and limits at our discretion.
BSwanky shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,whether temporarily or permanently, our service, or any part thereof, with or without prior notice.In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of www.BSwanky.com, you may cancel or terminate your account, associatedemail address and/or access to our Services by submitting a cancellation or termination requestto firstname.lastname@example.org.
As a member, you agree that BSwanky may, without any prior written notice, immediatelysuspend, terminate, discontinue and/or limit your account, any email associated with youraccount, and access to any of our Services. The cause for such termination, discontinuance,suspension and/or limitation of access shall include, but is not limited to:a) any breach or violation of our TOS or any other incorporated agreement, regulation and/orguideline;b) by way of requests from law enforcement or any other governmental agencies;c) the discontinuance, alteration and/or material modification to our Services, or any partthereof;d) unexpected technical or security issues and/or problems;e) any extended periods of inactivity;f) any engagement by you in any fraudulent or illegal activities; and/org) the nonpayment of any associated fees that may be owed by you in connection with yourwww.BSwanky.com account Services.Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, andor limitations of access for cause shall be made at our sole discretion and that we shall not beliable to you or any other third party with regards to the termination of your account, associatedemail address and/or access to any of our Services.The termination of your account with www.BSwanky.com shall include any and/or all of thefollowing:a) the removal of any access to all or part of the Services offered within www.BSwanky.com;b) the deletion of your password and any and all related information, files, and any suchcontent that may be associated with or inside your account, or any part thereof; andc) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of,advertisers located on or through our Services, which may include the payment and/or delivery ofsuch related goods and/or Services, and any such other term, condition, warranty and/orrepresentation associated with such dealings, are and shall be solely between you and any suchadvertiser. Moreover, you herein agree that BSwanky shall not be held responsible or liable forany loss or damage of any nature or manner incurred as a direct result of any such dealings or asa result of the presence of such advertisers on our website.
Either BSwanky or any third parties may provide links to other websites and/or resources. Thus,you acknowledge and agree that we are not responsible for the availability of any such externalsites or resources, and as such, we do not endorse nor are we responsible or liable for anycontent, products, advertising or any other materials, on or available from such third party sites orresources. Furthermore, you acknowledge and agree that BSwanky shall not be responsible orliable, directly or indirectly, for any such damage or loss which may be a result of, caused orallegedly to be caused by or in connection with the use of or the reliance on any such content,goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that BSwanky’s Services and any essential software thatmay be used in connection with our Services (“Software”) shall contain proprietary andconfidential material that is protected by applicable intellectual property rights and other laws.Furthermore, you herein acknowledge and agree that any Content which may be contained in anyadvertisements or information presented by and through our Services or by advertisers isprotected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,except for that which is expressly permitted by applicable law or as authorized by BSwanky orsuch applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,broadcast, publicly perform and/or created any plagiaristic works which are based on BSwankyServices (e.g. Content or Software), in whole or part.
BSwanky herein has granted you personal, non-transferable and non-exclusive rights and/orlicense to make use of the object code or our Software on a single computer, as long as you donot, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,reverse engineer, reverse assemble or otherwise make an attempt to locate or discern anysource code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer anysuch right in the Software. Furthermore, you do herein agree not to alter or change the Softwarein any manner, nature or form, and as such, not to use any modified versions of the Software,including and without limitation, for the purpose of obtaining unauthorized access to our Services.Lastly, you also agree not to access or attempt to access our Services through any means otherthan through the interface which is provided by BSwanky for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF BSWANKY SERVICES AND SOFTWARE ARE AT THE SOLE RISK BYYOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”AND/OR “AS AVAILABLE” BASIS. BSWANKY AND OUR SUBSIDIARIES, AFFILIATES,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLYDISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED ORIMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.b) BSWANKY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BSWANKYSERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) BSWANKYSERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE ORERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THEUSE OF THE BSWANKY SERVICES OR SOFTWARE WILL BE ACCURATE ORRELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OROTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGHOUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THATANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF BSWANKY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOURSOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/ORINTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OFDATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATIONOR MATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM BSWANKY OR BY WAY OF OR FROM OURSERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLYSTATED IN THE TOS.e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BSWANKY AND OURSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITEDTO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL,USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEENADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release BSwanky (and its officers, directors,employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other thirdparties) from claims, demands and damages (actual and consequential) of every kind and nature,known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or inany way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,alerts or other information from our Services concerning companies, stock quotes, investments orsecurities, please review the above Sections Warranty Disclaimers and Limitations of Liabilityagain. In addition, for this particular type of information, the phrase “Let the investor beware” isappropriate. BSwanky’s content is provided primarily for informational purposes, and no contentthat shall be provided or included in our Services is intended for trading or investing purposes.BSwanky and our licensors shall not be responsible or liable for the accuracy, usefulness oravailability of any information transmitted and/or made available by way of our Services, and shallnot be responsible or liable for any trading and/or investment decisions based on any suchinformation.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.THIRD PARTY BENEFICIARIESYou herein acknowledge, understand and agree, unless otherwise expressly provided in thisTOS, that there shall be no third-party beneficiaries to this agreement.
BSwanky may furnish you with notices, including those with regards to any changes to the TOS,including but not limited to email, regular mail, MMS or SMS, text messaging, postings on ourwebsite Services, or other reasonable means currently known or any which may be herein afterdeveloped. Any such notices may not be received if you violate any aspects of the TOS byaccessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes youragreement that you are deemed to have received any and all notices that would have beendelivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the BSwanky trademarks, copyright,trade name, service marks, and other BSwanky logos and any brand features, and/or product andservice names are trademarks and as such, are and shall remain the property of BSwanky. Youherein agree not to display and/or use in any manner the BSwanky logo or marks withoutobtaining BSwanky’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
BSwanky will always respect the intellectual property of others, and we ask that all of our usersdo the same. With regards to appropriate circumstances and at its sole discretion, BSwanky maydisable and/or terminate the accounts of any user who violates our TOS and/or infringes therights of others. If you feel that your work has been duplicated in such a way that would constitutecopyright infringement, or if you believe your intellectual property rights have been otherwiseviolated, you should provide to us the following information:a) The electronic or the physical signature of the individual that is authorized on behalf of theowner of the copyright or other intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe hasbeen infringed upon;c) A description of the location of the site which you allege has been infringing upon yourwork;d) Your physical address, telephone number, and email address;e) A statement, in which you state that the alleged and disputed use of your work is notauthorized by the copyright owner, its agents or the law;f) And finally, a statement, made under penalty of perjury, that the aforementionedinformation in your notice is truthful and accurate, and that you are the copyright orintellectual property owner, representative or agent authorized to act on the copyright orintellectual property owner’s behalf.
The BSwanky Agent for notice of claims of copyright or other intellectual property infringementcan be contacted as follows:
Mailing Address:BSwankyAttn: Copyright Agent1343 Main StSarasota, Florida 34236Telephone: (610) 291-8527Email: email@example.com
BE IT KNOWN, that BSwanky complies with all applicable Federal Communications Commissionrules and regulations regarding the closed captioning of video content. For more information,please visit our website at www.BSwanky.com.
ENTIRE AGREEMENTThis TOS constitutes the entire agreement between you and BSwanky and shall govern the useof our Services, superseding any prior version of this TOS between you and us with respect toBSwanky Services. You may also be subject to additional terms and conditions that may applywhen you use or purchase certain other BSwanky Services, affiliate Services, third-party contentor third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and BSwanky with regard to the TOS that therelationship between the parties shall be governed by the laws of the state of Florida withoutregard to its conflict of law provisions and that any and all claims, causes of action and/ordisputes, arising out of or relating to the TOS, or the relationship between you and BSwanky,shall be filed within the courts having jurisdiction within the County of Sarasota, Florida or theU.S. District Court located in said state. You and BSwanky agree to submit to the jurisdiction ofthe courts as previously mentioned, and agree to waive any and all objections to the exercise ofjurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should BSwanky fail to exercise or enforce any right or provision of the TOS, suchfailure shall not constitute a waiver of such right or provision. If any provision of this TOS is foundby a court of competent jurisdiction to be invalid, the parties nevertheless agree that the courtshould endeavor to give effect to the parties’ intentions as reflected in the provision, and the otherprovisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights toyour ID and/or contents within your account shall terminate upon your death. Upon receipt of acopy of a death certificate, your account may be terminated and all contents therein permanentlydeleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, anyclaim or action arising out of or related to the use of our Services or the TOS must be filed within10 year(s) after said claim or cause of action arose or shall be forever barred.