ClipBookPro Website and Products Terms and Conditions of Use

The Terms and Conditions below apply to use of ClipBookPro.com. Your use of this website and/or the Products, indicates your acknowledgment and your acceptance of these terms and conditions of use (hereafter referred to as the "Agreement"). If you do not accept, acknowledge and agree to these terms and conditions of use, then do not use this website or the products.

Swing State Media LLC and ClipBookPro.com provide individuals, businesses and organizations with (i) a tools and resources to catalog and share research materials, (ii) a system and tools for sharing documents and computer files (FileSharingPro), and (iii) other related tools, resources and offerings. All of these tools, resources, systems, software and ClipBookPro.com are referred to in these terms and conditions as the "Products". ClipBookPro's Products may not be used to send unsolicited email, to violate copyrights and other protections, or to break any laws.

The follow are the terms and conditions of Use for access to this website and use of the Products. By checking the "I Accept the Terms and Conditions" checkbox on the signup page, by logging into your ClipBookPro account, and/or by using the Products, you accept, acknowledge and agree to these terms and conditions of Use.

1.Copyright Information:

This web site, and the information which it contains, is the property of Swing State Media LLC and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws.

2.Representations and Acknowledgements:

Subject in each case to the terms listed in the remainder of the Agreement (see Section 3 – Products and Support), you hereby represent, acknowledge and agree that:

The Products may only be used for lawful purposes.
ClipBookPro is subject to an annual hosting fee and other charges.
FileSharingPro (if you choose to subscribe to it) will be subject to a monthly fee.
You agree that recipients of any emails you send using the Products will be willing recipients, who have agreed to receive your communications.
You acknowledge and agree that you are the sole or designated "sender" (as such term is definied in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any communications sent by you using the Products.
You acknowledge and agree that you and your organization are responsible for any and all content that you post, publish, upload or distribute using the Products.

3. Products and Support

The Products are provided subject to these Terms and Conditions of Use, as they may be amended by Swing State Media LLC, and any guidelines, rules or operating policies that Swing State Media LLC may establish and post from time to time (collectively, the "Agreement"). By posting updated versions of the Agreement on the ClipBookPro.com website, or otherwise providing notice to you, Swing State Media LLC may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at the ClipBookPro.com website.

The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the ClipBookPro.com sign up web page in order to use the Products. You shall provide true, accurate, current, and complete information about yourself and your organization as requested in the registration form and other communications from ClipBookPro.com or Swing State Media LLC.

4. Fees and Payment

Payment for Products will be made by a valid credit card accepted by Swing State Media LLC. Checks will be accepted as well. All payments will be due upon receipt of an invoice. If Swing State Media LLC is unable for any reason to effect payment via your credit card or your payment is not received within 7 business days of your receipt of either an invoice or your account information, Swing State Media LLC will attempt to notify you by email and your ClipBookPro account will be disabled until payment has been received. Amounts paid for the Products are not refundable.

5. File Hosting and Prohibited Content

Swing State Media LLC prohibits the use of the Products or ClipBookPro.com website by any person or entity that:

Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

Swing State Media LLC, at its own discretion, may immediately disable your access to the Products without a refund if Swing State Media LLC believes in its sole discretion that you have violated any of the policies listed above or elsewhere in the Agreement.

6. Restrictons and Responsibilities

This is an agreement for services and access to this website, and you are not granted a license to any software by this Agreement. As such, you acknowledge and agree to the following:
You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

Unless you are an authorized reseller of the Products, you may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Swing State Media LCC in connection with the Products.

The Products shall be used by you, your organization or your business for your internal purposes only, and you shall not use the Products or any software for a timesharing or service-bureau purpose or otherwise for the benefit of a third party.

You shall use the Products only in compliance with this Agreement and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement). Swing State Media LLC is under no obligation to monitor the content provided by you or your use of the Products, but Swing State Media LLC may do so and remove any content and prohibit any use of the products that Swing State Media LLC believes may be or are alleged to be in violation of the foregoing.

You hereby agree to defend, indemnify and hold harmless Swing State Media and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements and expenses (including without limitation costs and reasonable attorney's fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute or share using the Products or otherwise (iii) arises from your activities using the Products.

You acknowledge and agree that Swing State Media has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

In registering for and in using the Products, you may provide to Swing State Media LLC information about yourself, your employer and your organization or business. Swing State Media LLC may use this information and any technical information about your use of the Products to communicate with you about the Products and to facilitate your use of the Products. Swing State Media LLC will not provide your information, including contact and account information, to third parties who you have not authorized to receive such information, except as required by law or court order or in the good faith belief that such action is required by law or court order.

You agree that you will not upload or transmit any communications or content of any type to this website or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting content to ClipBookPro.com or using it in connection with the Products, you agree that such submission is non-confidential for all purposes. You also agree that you will not send or transmit to ClipBookPro.com or to any third party using the Products any communication or content that infringes or violates any rights of any party.

7. Termination

You may terminate this Agreement at any time by contacting Swing State Media LLC. There are no refunds for any fees paid. You are responsible for terminating your account and this agreement and Swing State Media LLC is not responsible for your failure to properly terminate your account and this agreement and any charges and/or fees you incur as a result of your failure to properly terminate your account and this agreement.

Swing State Media LLC may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Swing State Media LLC shall have no liability to you or any third party because of such termination or action.

Swing State Media LLC may delete any of your archived data within 30 days after the date of termination.

8. Warranty Disclaimer

Swing State Media LLC does not warrant that the Products will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Products. The Products are provided "AS IS" and Swing State Media LLC disclaims all warranties express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpse and noninfringement. Swing State Media LLC will make a reasonable effort to remedy any errors or interruptions in a timely manner.

9. Limitation of Liability:

To the maximum extent permitted by applicable law, under no circumstances shall Swing State Media LLC or any of its underlying service providers, officers, employees, distributors or agents (collectively referred to in this section as "Swing State Media") be liable to you or any other person for any money damagers, whether direct, indirect, special, incidental, cover, reliance or consequential damagers, even if Swing State Media shall have been informed of the possibility of such damagers, or for any claim by any other party. In the event that, not withstanding the foregoing, Swing State media is found liable to you for damagers from any cause whatsoever, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of Swing State Media to you arising in connection with this agreement shall be limited to the amount you paid for the Products in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by Swing State Media to you in that twelve (12) month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damagers, so this limiation and exclusion may not apply to you.

10. Reporting Copyright Infringement:

If you believe any materials on ClipBookPro.com or the Products infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Swing State Media LLC and providing identification of the copyrighted work you believe has been infringed and of your ownership of said copyright.

11. Provisions and Superseding:

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Additionally, you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

The Agreement shall be governed by the laws of the state of Missouri, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Kansas City, Missouri.

If you have any questions about the rights and restrictions above, please contact Swing State Media LLC by email at info@swingstatemedia.com.

Revised May 1, 2009