Terms of Use

Terms of Use

USE OF THE VORTICY.COM WEBSITE IS SUBJECT TO THESE TERMS OF USE.

Agreement

Please read this User Agreement carefully before using the Vorticy Inc. website ("Site"). This Agreement explains the terms and conditions governing the use of the Site ("Terms of Use"), and it is your responsibility to read and understand them. By using the Site you expressly agree to be bound by these Terms of Use and to follow them as well as all applicable laws and regulations governing the Site. If you do not agree to be bound by these Terms of Use, you may not access or use this Site. Vorticy reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page periodically. We will note updates to the Terms of Use at the bottom of this page. By continuing to use the Site after we post any such change, you accept the revised Terms of Use. If you violate these Terms of Use, Vorticy Inc. may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Permitted Use

You agree that you are only authorized to visit, view and retain a copy of pages of this Site for your own personal use, and that you will not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review product information for personal use, or to purchase merchandise for your personal use. You also agree not to deep-link to the site for any purpose, unless specifically authorized in writing by Vorticy Inc. to do so.

No Commercial Use

Visitors may not use this Site for any commercial purposes such as to sell merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertisements, solicitations, links, or by any other form of communication. We will investigate and take appropriate legal action against anyone who violates this provision, and will remove the offending communication from the Site and bar the violator from using the Site further.

Links and Search Results

The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Vorticy Inc. has no control over these sites or the content within them. Vorticy Inc. cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Vorticy Inc. does not endorse the content of any third party site, nor do we represent or warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Vorticy Inc. for any damages or losses, resulting from that use. Vorticy Inc. is not responsible for any of your activities on any linked website, including without limitation, your purchase of products or services.

Copyright

All content included on this Site, including text, graphics, logos, icons, images, and software is the property of Vorticy Inc. or its content suppliers and is protected by United States and international copyright laws. This compilation (that is, the collection, arrangement and assembly) of all content on this Site is the exclusive property of Vorticy Inc. and is protected by U.S. and international copyright laws. Vorticy Inc. reserves the right to revise the pages of the Site or withdraw access to them at any time.

Trademarks

Vorticy, Bag Toss 2, 5pt Slot, Puck Hole, Pong-O, CornHole2, SpiderBats, WebWrap, Ninja Disc, are registered/unregistered trademarks of Vorticy Inc. Inc. Vorticy Inc.' logos and trademarks that appear throughout the Site belong to Vorticy Inc. Corp., its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without Vorticy Inc.' express prior written permission, you may not display or use in any manner, the Vorticy Inc. logos or trademarks. Nothing on the Site shall be construed as granting any license or other right to the intellectual property or other proprietary rights of Vorticy Inc., its affiliates or any third party, whether by estoppel, implication or otherwise. All contents of the Site are: © Copyright 2006 Vorticy Inc. or its licensors. All Rights Reserved.

Disclaimer of Warranty

YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE INFORMATION FOUND THERE IS ENTIRELY AT YOUR RISK. VORTICY INC. AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OR ANY REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, COMPLETENESS, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. VORTICY INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF VORTICY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST VORTICY INC., ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF VORTICY INC. WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Applicable Law

These Terms of Use and all legal issues related to the Site shall be governed by the laws of the State of California, without regard to conflict of laws principles. You agree that any dispute involving these terms of use or this Site will be heard in a court with jurisdiction in San Diego County, California. You further agree that the prevailing party in any legal action will be entitled to recover its reasonable attorneys' fees incurred in connection with that action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, the remaining terms will continue in full force and effect.