Terms of Use

Terms of Use

The following describes the terms and conditions under which Swirl Works LLC (“Swirl”) grants you the right to access and use the Swirl website located at www.swirlworks.com (the “Swirl Website”) and the services offered by Swirl through the Swirl Website  (the “Services”). If you do not agree to these terms and conditions, including our Privacy Policy, which is located at www.swirlworks.com/privacy, and any other agreements or terms linked into this agreement (this “Agreement”), you are not authorized to access or use the Swirl Website or our Services. Your use of the Swirl Website or Services constitutes your acceptance of this Agreement, including our Privacy Policy.

Introduction

At Swirl, our mission is to create a community in which our guests are inspired by artists to create meaningful connections through art.

Acceptable Use

If you are a current or potential Swirl guest, you are authorized to access and use the Swirl Website and/or Services in accordance with the terms of this Agreement, only for your personal use only: (i) to learn about art and the Services offered by Swirl; (ii) to seek opportunities to participate in trade guilds with Swirl; (iii) to reserve our workshop venue for private events; and (i) any other uses of the Swirl Website that support this authorized use. In using the Swirl Website and Services, you agree to refrain from each of the following:

• posting or transmitting any material that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship, or any material that infringes a third party's trademark, patent, trade secret, copyright, publicity or privacy rights;
• posting false, inaccurate, misleading, defamatory or libelous content (including personal information);
• posting pornographic or obscene content or hate-speech;
• framing or mirroring the Swirl Website, or otherwise displaying Swirl logos, screen shots or other Swirl content, without our written consent;
• impersonating or misrepresenting your affiliation with any person or entity;
• accessing, attempting to access, tampering with or using non-public areas of the Swirl Website, computer systems, or technical delivery systems, or taking any other actions designed to interfere with the proper working of the Swirl Website;
• Using the Swirl Website to compile lists or gather information about Swirl artisans, or for any unauthorized use;
• Using the Swirl Website or Services if under the age of 18;
• distributing viruses or any other technologies that may harm the Swirl Website or its users; and
• copying, reproducing, modifying, creating derivative works from, distributing, or publicly displaying any content from the Swirl Website without Swirl’s prior written consent. 

Abuse

The Swirl Website and Services are for your own personal use. If Swirl determines that you are misusing or attempting to misuse the Swirl Website or Services, or to use them for an inappropriate purpose, or violating the terms or the spirit of this Agreement, then Swirl is entitled to take action against you. This includes, without limitation, taking technical and legal steps to restrict, suspend or terminate your access to the Swirl Website and prohibit you from using it, and seeking legal fees, costs and expenses, and injunctions or other equitable remedies.

If you find any offenses of this Agreement, please report them to us at abuse@swirl.com.

Support for Artisans and Guild Trades

At Swirl, we introduce our users to select artisans and experts in certain guild trades. Although we attempt to highlight artisans and tradesmen and tradeswomen who are well respected in their respective fields, Swirl does not make any guarantees, warranties, or recommendations regarding any artisan or tradesperson whose work we highlight or their work.

At times, the Swirl Website may contain links to third party websites, including our artisans’ websites, as a convenience to our users. These linked websites are not under Swirl’s control, and Swirl is not responsible for the contents or functionality of any linked website, or any transmission received from any linked website. 

Privacy

We use your personally identifiable information only as described in our Privacy Policy, which is located at www.swirl.com/privacy. We do not sell or rent your personal information to third parties for marketing purposes without your explicit consent.

Liability

You agree that you will not hold Swirl liable for the actions or inactions of others in relation to the Services.

Our services and the Swirl Website are provided on an “as is” basis, and your use of the Services and the Swirl Website is at your own risk. Swirl does not make, and hereby disclaims, to the extent legally permitted, any and all express and/or implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement arising from a course of dealing, usage, or trade practice, except to the extent that such disclaimers are held to be legally invalid. Swirl does not warrant that the Swirl Website or Services will be uninterrupted, error-free, or completely secure. Swirl is not responsible or liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Swirl Website or Services, or for the actions or inactions of any Swirl guest, participant, artisan, event sponsor, or other user of the Swirl Website, workshops or Services. If you have a dispute with a sponsored artisan or other party, it is your responsibility to resolve it with them directly.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. If in such cases, or any other cases, we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to Swirl in the twelve (12) months prior to the action giving rise to the liability and (b) $100.

Release

Although we sincerely hope that disputes among our users can be avoided, if you have a dispute with Swirl or a sponsored artisan, you release Swirl (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnity

It is your obligation to use the Swirl Website and Services only in accordance with all applicable laws and regulations. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, the Privacy Policy, or your violation of any law or the rights of a third party.

Notices

Except as explicitly stated otherwise, if you need to give legal notice to Swirl, you may do so at studio@swirlworks.com. Swirl may send you legal or other required notices at the email address you provide to us when registering for our activities or events.

Additional Terms

Swirl may amend this Agreement at any time by posting the amended terms on the Swirl Website. Except as stated elsewhere, all amended terms shall be effective thirty (30) days after their initial posting on the Swirl Website. This Agreement may not be amended otherwise except in a writing signed by you and Swirl.

This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California (except that body of law controlling conflicts of law) and specifically excluding the United Nations Convention on the International Sale of Goods. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California. The prevailing party in any litigation between the parties shall recover its reasonable attorneys’ fees and costs from the non-prevailing party. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This Agreement shall be binding on the parties’ successors and assigns. Non-performance by either party shall be excused to the extent that performance is rendered impossible for reasons beyond the control of such party. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Liability, Release, Indemnity, and these Additional Terms.

This Agreement is effective upon acceptance. It may be amended, and amendments will be posted on the website.

Last updated: October 20, 2020.