(Last update: 01.04.2010)

CONDITIONS OF USE

Welcome to Swoopo. By using the Swoopo services (the “Services”), you agree to be subject to the following terms of service (the “Terms”) including those available by hyperlink, and enter into an agreement with Swoopo Entertainment Shopping Inc. (“Entertainment Shopping,” “we,” “us,” or “our,” as may be, herein) and the internet platform on and including www.swoopo.ca(“Swoopo”). Each website on a domain name operated by Entertainment Shopping, inclusive of Swoopo, shall be called a “Swoopo Site” herein (or more than one “Swoopo Sites”). Entertainment Shopping’s principal place of business is located at Pacific Centre, 1500-701 West Georgia Street, Vancouver, BC, V7Y 1C6, Canada.

By accepting the Terms, you accept that the Terms, the Swoopo Privacy Policy (which Privacy Policy is hereby incorporated by reference into the Terms), and any other policies posted on Swoopo, all as they may be changed and amended from time to time, will apply to you whenever you use Swoopo Services and will exclusively govern the manner in which Entertainment Shopping operates its auctions as described on Swoopo. If you use another Swoopo Site other than Swoopo), you agree to accept the terms and the Privacy Policy and any other policies posted on and applicable to that Swoopo Site, all as they may be changed and amended from time to time. Unless otherwise indicated, all policies referred to in the Terms are incorporated into the Terms by reference. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of each website. Some sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

None of the content on Swoopo, including but not limited to the Help Section, is intended to amount to advice on which reliance should be placed, nor may any reliance be placed on that or any other content on Swoopo. Entertainment Shopping disclaims to the fullest extent permitted by applicable law all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed, directly or indirectly, of any of its contents.

ACCEPTING THE TERMS

You may not use the Services if you do not accept the Terms.

You can accept the Terms by:

        (A) clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for the Services; or

        (B) by actually using the Services. In this case, you understand and agree that Entertainment Shopping will treat your use of the Services as acceptance of the Terms as of and from your first use of the Services.

You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Entertainment Shopping; (b) you are a person barred from receiving the Services under the laws of Canada or other countries including the country in which you are resident or from which you use the Services; or, (c) wherever provision of the Services is illegal according to applicable law.

Before you continue, you should print off or save a local copy of the Terms for your records.

LICENCE AND SITE ACCESS

Entertainment Shopping grants you a limited licence to access and make personal use of Swoopo, but not to download (other than page caching), deconstruct, decompiles, reverse-engineer, or modify Swoopo, or any portion of Swoopo, except with the express written consent of Entertainment Shopping. This licence does not include: any resale or commercial use of Swoopo or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Swoopo or its contents; any downloading or copying of account or other information for the benefit of another merchant; or, any use of data mining, robots, or similar data gathering and extraction tools. Swoopo and any portion of Swoopo, including the Services provided, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Entertainment Shopping. You may not frame or use framing techniques to enclose any trade-mark, logo, or other intellectual property or other proprietary information (including images, text, page layout, or form) of Swoopo or of Entertainment Shopping (or of its parents, subsidiaries or affiliates) without the express written consent of Entertainment Shopping. You may not use any meta tags or any other ”hidden text” using Swoopo’s or Entertainment Shopping’s (or its parents’, subsidiaries’, or affiliates’) names or trade-marks without the express written consent of Entertainment Shopping. Any unauthorized use of Entertainment Shopping’s or Swoopo’s property shall terminate the permission or license granted by Entertainment Shopping. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Swoopo so long as the link does not portray Entertainment Shopping, Swoopo, or its products or Services in a false, misleading, derogatory, negative, or otherwise offensive manner as determined solely by Entertainment Shopping. You may not use any Entertainment Shopping or Swoopo logo or other proprietary graphic or trade-mark as part of the link without the express written permission of Entertainment Shopping.

USER CONTENT , LINKS, THIRD-PARTY SELLERS

Our websites may contain (a) User Content (as defined below) provided by other users, (b) links to other sites operated by third parties, (c) advertisements and/or sponsorships provided by third parties, and (d) stores, services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively “Third-Party Materials” herein). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the respective third parties. We are not responsible for any acts or omissions, if any, of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the respective third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk and expense. We are not involved in any disputes between you and any such third parties. When you leave our site, the Terms, the Privacy Policy, and any other policies, no longer govern. You should carefully review the applicable third party privacy statements and other terms and conditions of use. Without limiting the forgoing, if you have a problem with a link from any one of the Swoopo Sites, please notify us at support@swoopo.ca.

You hereby release us, our parents, subsidiaries, affiliates, officers, employees, agents, and successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties.

LICENCE GRANTED BY YOU

By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, or other content for use on any of the Swoopo Sites (“User Content”): (a) you represent and warrant that you or the owner of all rights to such User Content and that such User Content does not violate our Terms; and, (b) you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide licence (with the right to sublicence) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy. Subject to our Privacy Policy, any User Content shall be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing any products or Services.

REGISTRATION AND PARTICIPATION

Employees and relatives of employees of Entertainment Shopping or their parents, subsidiaries, or affiliates are not eligible to participate in Swoopo auctions under any circumstances.

Entertainment Shopping’s and Swoopo’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Entertainment Shopping reserves the right to exclude commercial resellers from participation in the auctions and to close their user accounts at any time.

You may register only once using your postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Entertainment Shopping will always be accurate, correct and up-to-date.

During the registration process, you must choose a username. The username must not: be offensive; be selected to deceive or mis-inform other users; offend common decency; or infringe upon the rights of any third parties. If Entertainment Shopping discovers that a username is illegal breaches these Terms, such username may be cancelled and/or amended by Entertainment Shopping without prior notice to the user.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and that your user account may be used only by you and not by anyone else. Accordingly, you agree that you will be solely responsible to Swoopo and Entertainment Shopping for all activities that occur under your account. We accept no liability or responsibility for other parties knowing, coming to know, or seeking to discover your password. User accounts created during registration are non-transferable.

RULES, RESTRICTIONS, SUSPENSION

Without limiting any other remedies available to us, we may limit, suspend, or terminate the Services and user accounts, prohibit access to Swoopo and any other Swoopo Site and their content, services, and tools, delay or remove hosted content, including any User Content and take technical and legal steps to keep users off any Swoopo Site if we believe that they are violating the Terms, creating problems, engaging in abusive behaviour, engaging in illegal activity, infringing the intellectual property rights of third parties, acting inconsistently with the letter or spirit of our policies, or for any other reason in our sole and absolute discretion. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive, or to modify or discontinue Swoopo Sites, Services, products, or tools.

You agree to the following conditions:

• You agree to use the Services only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practice or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada or other relevant jurisdictions). Use of the Services, of Swoopo, or of any other Swoopo Site is expressly disallowed where prohibited by law. You agree not to post User Content that: (i) plagiarizes, violates, or infringes upon the rights of any third party, including trade secret, copyright, trade-mark, word mark, design mark, trade dress, privacy, patent, moral right, publicity, or other  intellectual property rights, personal rights, or proprietary rights; and/or (ii) contains unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
• You agree not to engage in any activity that circumvents, interferes with or disrupts the Services or with Swoopo (or the servers and networks connected to the Services) or with Entertainment Shopping or any user experience of our Services including but not limited to the following:
• using any unauthorized third party bidding software;
• accessing any of the Services by means other than through the interface provided by Swoopo or Entertainment Shopping (e.g., no use of scripts or web crawlers);
• manipulating our fee structure, the billing process, bidding, auctions or fees owed to Swoopo or Entertainment Shopping;
• distributing spam or unsolicited or bulk electronic communications, chain letters, or pyramid schemes; or,
• collecting information about users, including but not limited to email addresses, without their consent.

You agree that you are solely responsible for (and that Swoopo and Entertainment Shopping have no responsibility to you or to any third party for) any breach of your obligations under the Terms or for the consequences associated therewith (including any loss or damage which Swoopo or Entertainment Shopping may suffer).  In case of a breach of these Terms, Swoopo reserves the right, inter alia, to withhold deliveries or refunds for bids. 

BIDS

Bidding rights or bids (“Bids”) must be purchased and paid for by you prior to online bidding. Bids can be purchased in packages (“BidPacks”) as further described under Bidding in the Help Section at Swoopo. Prices for Bids or BidPacks may change in our discretion from time to time. Bids must currently be placed online through Swoopo. In future Entertainment Shopping may allow Bids to be placed through third party websites or through use of your mobile phone. In such cases, you will be required to disclose your mobile phone number and be responsible for ensuring it is accurate and up-to-date. For information on when such opportunities may be available in the future, check the Help Section at Swoopo.

Bids and voucher bids are non-transferable and valid for one year after they have been credited to your account. Free Bids are bids you may get through a promotion or other marketing activity. Free Bids are usually time sensitive and are only valid for the time stated in a promotion. Upon expiration, they become void and can no longer be placed.

Once a Bid is placed in an auction, it is deducted from your bid account and can no longer be refunded. Refunds will not be issued for Bids placed in an auction, expired Bids, or Voucher Bids and Free Bids. For further information on refunds please see our return policy (which return policy is hereby incorporated by reference into the Terms) described under Returns & Complaints in the Help Section.


THE AUCTION PROCESS

For information on how to place a bid, how to use the BidButler or how an auction works, please refer to the Bidding or Auctions topics of the Help Section on the Swoopo site.  Every auction ends when the remaining time reaches zero and the user who was the last to bid then wins the auction.  All other Bids placed on the item expire and will not be credited back to your account nor will you be eligible for a refund for such Bids.  The last bidder is determined based on the records in Swoopo’s database and Entertainment Shopping’s decision regarding who is the last bidder shall be final.

You understand and agree that Entertainment Shopping requires you to bid for auctioned items against other Swoopo users, some of whom may reside outside Canada. In such cases, users in other countries may not always be bidding on the exact same product in a single auction. To ensure the auction remains fair, the auction items in a single auction will be comparable and reasonably equivalent.

We do not represent or warrant that your Bid will be timely received or accepted by us and you understand that our receipt of your bid depends on several factors, many of which we have no control over, including (without limitation) your Internet connection, the equipment you are using to access Swoopo, and other technological and/or telecommunication-based factors. You agree that Entertainment Shopping shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any transaction in which your Bid is not received, is delayed or is otherwise rejected by Entertainment Shopping. 

Entertainment Shopping reserves the right to add, reschedule or remove products from Swoopo at any time without notice. An auction is closed and is deemed to have closed when the timer on the auctioned item counts ”closed” and no users have placed a Bid. Users should be aware that the timer available to the user is an approximation that may be affected by network delays. The final decision of when an auction closes will be based on the timer used by Swoopo servers.

Some auctions may offer the “Swoop It Now” option where you can purchase the product during the auction time stated for a price which may be discounted by your Bids on that auction up to a certain limit. For further information on restrictions to “Swoop It Now,” please read the Swoop it Now topic in the Help Section.

Entertainment Shopping reserves the right to limit the number of auctions you can win within a specific time period. Please refer to the Auctionstopic of the Help Section for further information.   

A Bid submitted by you constitutes your offer to enter into a binding contract with Entertainment Shopping and in the event you win an auction, you will receive a purchase offer for the item of the auction under the conditions set out in the related auction.

PAYMENT

Unless otherwise stated, all fees and prices are quoted in Canadian dollars. You are responsible for paying all fees and applicable taxes associated with the products and the Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) Entertainment Shopping reserves the right to withhold any outstanding deliveries and block any access to your account until payment in full of any amounts owed are received.

If you win an auction, you must actively confirm your win and purchase the auction item (including shipping costs) within 21 days of the auction end date. If an auction win has not been confirmed and purchased within the 21 day period, Entertainment Shopping reserves the right to withdraw the offer to conclude a purchase contract and your right to pay for and receive delivery of the auction item will be revoked. No auctions items will be delivered until the total price has been received by Entertainment Shopping. Entertainment Shopping reserves the right to charge you reasonable storage fees for items not paid for.  Remember, all Bids placed in that auction expire and are non-refundable.

For more information in payment and acceptance of wins, please see the applicable topics in the Help Section of Swoopo.

DELIVERY

All items purchased from Entertainment Shopping are delivered pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon delivery of the item to the carrier.

Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made solely within the provinces and territories of Canada. Some restrictions or higher shipping costs may apply if the delivery address is in outlying regions of Canada. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Please contact our service department at support@swoopo.ca if an item is not delivered within the indicated time so that we can work with you to address the issue. Entertainment Shopping shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Entertainment Shopping upon taking delivery.

Should Entertainment Shopping not be able to deliver the item ordered, we shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to you based upon your preference.

RETURNS/REFUNDS

If, within 14 days of delivery of an item, you decide you no longer want the item, Swoopo will refund you with the amount that you paid for the item as well as original delivery costs, provided that: (i) you have returned the item to Swoopo; (ii) the item is still in its original packaging; and (iii) the item is not damaged or used. Returns or refunds must be initiated by contacting the Entertainment Shopping customer service team in writing (by letter or email) within the said 14 day period. Please note that we cannot offer you a refund on the cost of the Bids that you placed on that auction or the return shipping cost.

Should Entertainment Shopping incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment paid, payable, or due to you. Sets/boxes can only be returned in their entirety.

Exceptions to the right to return are audio or video recordings, computer software that you have unsealed, and other items noted by Entertainment Shopping on Swoopo. Such items are not eligible for return or refund.

The following contact details must be used:

Swoopo Entertainment Shopping Inc.
Pacific Centre
1500-701 West Georgia Street

Vancouver, BC  V7Y 1C6

Canada

support@swoopo.ca

INFORMATION INACCURACY DISCLAIMER

 From time to time there may be information on Swoopo that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Entertainment Shopping reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If a product offered by Entertainment Shopping is not as described, your sole remedy is to return it in unused condition pursuant to our return policy. 

DISCLAIMER OF WARRANTY

We will pass through to you a manufacturer’s limited warranty for any item that you purchase when we can reasonably do so; however, you understand and agree that we do not control or participate in warranty-related activity, and all warranty repairs or replacements must be made through the relevant manufacturer. Please be aware that some manufacturers will not honour warranties of products sold through auctions. 

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, SWOOPO AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SWOOPO ARE PROVIDED BY ENTERTAINMENT SHOPPING ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER ENTERTAINMENT SHOPPING, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS OR LICENSORS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SWOOPO OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SWOOPO. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENTERTAINMENT SHOPPING, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ENTERTAINMENT SHOPPING AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT: SWOOPO; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SWOOPO; THEIR SERVERS; OR EMAIL OR OTHER COMMUNICATIONS SENT FROM SWOOPO OR ENTERTAINMENT SHOPPING, ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ENTERTAINMENT SHOPPING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE BY MEANS OF SWOOPO IS ACCURATE, COMPLETE OR CURRENT.

LIMITATION OF LIABILITY

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, ENTERTAINMENT SHOPPING, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, SWOOPO CONTENT, OR USER CONTENT OR ACTIONS OF USERS) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER SUCH DAMAGES OR HARM ARE BASED UPON ACTIONS IN CONTRACT OR IN TORT, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF OR MADE AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SWOOPO CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO SWOOPO FOR THE APPLICABLE TRANSACTION ALLEGED TO GIVE RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO SWOOPO IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50)

CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON, FOR EXAMPLE, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, ALL LEGAL RIGHTS RESERVED BY ENTERTAINMENT SHOPPING AND ALL APPLICABLE AND ENFORCEABLE DISCLAIMERS AND LIMITATIONS, ABOVE, SHALL CONTINUE TO APPLY, MUTATIS MUTANDIS, IN SUCH PROVINCES, IF ANY.

SYSTEM OUTAGE/TEMPORARILY HALTED AUCTIONS/FORCE MAJEURE

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and additional minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user’s account and are not eligible for a refund for bids used or other costs incurred.
Entertainment Shopping provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition to the provisions of limited liability set forth above, Entertainment Shopping shall not be liable for damage that occurs due to Bids submitted by you not being received by Entertainment Shopping or not being received promptly or not being considered as a consequence of technical faults. Entertainment Shopping shall not be liable for any loss, detention, default, damage, or delay in fulfilling the obligations under the Terms caused by or resulting from conditions or causes beyond its reasonable control including, but not limited to, shortage of water, power, facilities, materials, and supplies, breakdowns in or the loss of production, acts of God, war, mobilization, strikes, lockouts, labour controversies or disputes, riots, fire, flood, explosion, governmental controls or regulations, embargoes, wrecks or delays in transportation, civil insurrection, civil or military authority, or inability to obtain necessary labour, materials, or manufacturing facilities due to such causes or delays of subcontractors or suppliers in furnishing materials or supplies due to one or more of the foregoing causes.

INTELLECTUAL PROPERTY

All rights reserved.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Entertainment Shopping, its parents, subsidiaries, or affiliates, or its third party suppliers/licensors and is protected by Canadian laws with respect to copyright, trade-marks, and other intellectual property, and by international intellectual property laws and treaties. All software used on this site is the property of Entertainment Shopping or its parents, subsidiaries, or affiliates, or by software suppliers/licensors and is protected by Canadian and international intellectual property laws.

SWOOPO, SWOOPO.COM, SWOOPO.CA, SWOOP IT NOW and other Swoopo-related graphics, logos, page headers, button icons, scripts, and service names are trade-marks, registered trade-marks, service marks, design marks, word marks, and/or or trade dress of Entertainment Shopping or its parents, subsidiaries, or affiliates (collectively, the “Swoopo Marks”) in Canada and/or in other countries. The Swoopo Marks, may not be used in connection with any product or service that is not Entertainment Shopping’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Entertainment Shopping or Swoopo. All trade-marks that are not Swoopo Marks that appear on Swoopo are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Swoopo or Entertainment Shopping. The absence of a trade-mark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trade-mark, trade name or service mark.

One or more patent applications owned by Entertainment Shopping, its parents, subsidiaries, or affiliates may apply to this Swoopo and to the features and services accessible by means of Swoopo.

SERVICE AND SUPPORT FOR PURCHASED PRODUCTS

All requests for technical service and support should be made directly to the manufacturer in accordance with its terms and conditions.

PRIVACY

The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

CHANGES TO TERMS

Entertainment Shopping may make changes to the Terms from time to time. When these changes are made, we will make a new copy of the Terms available to you from within, or through, the Swoopo Services, or on Swoopo.

You understand and agree that if you use the Services after the date on which the Terms have changed, Entertainment Shopping will treat your use as acceptance of the updated Terms, and you will have accepted and be deemed to have accepted the updated Terms.

It is your sole responsibility to review the Terms each time Swoopo is used; you encouraged to continually review the Terms and to retain a copy of all updates for your records

ENDING YOUR RELATIONSHIP WITH ENTERTAINMENT SHOPPING

If you want to terminate your legal agreement with Entertainment Shopping, you may do so by: (a) notifying Entertainment Shopping at any time; and (b) closing your account for all Services that you use, where Entertainment Shopping has made this option available to you. Your notice should be sent, in writing or via email, to Entertainment Shopping’s address set out at the beginning of the Terms.

Entertainment Shopping may, at any time, terminate its legal agreement with you if:

            (A) you have breached any provision of the Terms (or have acted in manner demonstrating that you do not intend to, or are unable to, comply with any provision of the Terms);

            (B) we are required to do so by applicable law; or

            (C) the provision of the Services to you by Entertainment Shopping is, in our sole opinion and discretion, no longer commercially viable.

If and when the Terms come to an end, all of the legal rights, obligations and liabilities that you and Entertainment Shopping have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or that are expressed to continue indefinitely, shall be unaffected by such cessation, and the provisions of the general legal terms, below, shall continue to apply to such rights, obligations and liabilities indefinitely.

Designated Agent for Notification of Claimed Copyright Infringement

We may terminate the privileges of any user using Swoopo or any other Swoopo Site unlawfully to transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so.

GENERAL LEGAL TERMS

You may only participate in and on Swoopo if it is legal for you to do so according to the laws that apply in the jurisdiction from which you are connecting. You understand and accept and agree that we are unable to provide you with any legal advice or assurances on this point and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have a complete legal right to use Swoopo.

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, that are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

The Terms constitute the whole legal agreement between you and Entertainment Shopping and govern your use of the Services (but excluding any services that Entertainment Shopping may provide to you under a separate written agreement), and completely replace any prior agreements between you and Entertainment Shopping in relation to the Services.

You agree that Entertainment Shopping may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings in the Services or on Swoopo.

You agree that if Entertainment Shopping does not exercise or enforce any legal right or remedy contained in the Terms (or which Entertainment Shopping has the benefit of under any applicable law), this will not be taken to be a formal waiver of Entertainment Shopping’s rights and that those rights or remedies will still be available to Entertainment Shopping.

If any court of law, having the requisite jurisdiction to decide the matter, orders that any provision of the Terms is invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and everything else in the Terms continues and shall remain in full force and effect.

The Terms, and your relationship with Entertainment Shopping under the Terms, shall be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions. You and Entertainment Shopping agree to submit to the exclusive jurisdiction and venue of the courts located within the City of Toronto, Ontario to resolve any legal matter arising from the Terms, and all courts competent to hear appeals therefrom. Notwithstanding this, you agree that Entertainment Shopping shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal and/or equitable relief) in any jurisdiction. The UN Convention on the International Sale of Goods shall not apply.

The contract between you and Entertainment Shopping is binding on the parties and on their respective successors and assigns. You may not transfer, assign, charge, convey or otherwise dispose of any contract formed under the Terms or any rights or obligations associated therewith without Entertainment Shopping’s prior written consent.

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. The following Sections survive any termination of these Terms: Payment (with respect to fees or amounts owed for our services or products); Disclaimer of Warranties; Limitation of Liability; Intellectual Property; and General Legal Terms.

The headings in the Terms are for convenience of reference only and will not be referred to in the interpretation or construction of the Terms.

Unless otherwise specified in these Terms & Conditions, words importing the singular include the plural and vice-versa, and words importing gender include all genders.

Note:
We would like to advise all users to monitor their bidding practices. Placing bids online at www.swoopo.ca frequently or repeatedly can result in high Bid costs to you. Users should therefore pay attention to their bidding practices and check their charges regularly.