Terms and Conditions
Agreement between user and http://swannmedia.com
The http://familysurvivalgarden.com website (the “Site”) is comprised
of various web pages operated by SWANN Media LLC (“Swann”). http://swannmedia.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of http://swannmedia.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
http://familysurvivalgarden.com is a E-commerce Site
The purpose of this site is to publish and sell informational products concerning a wide range of
Visiting http://familysurvivalgarden.com or sending emails to Swann constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Swann does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use http://familysurvivalgarden.com only with
permission of a parent or guardian.
You man get a 100% refund on any product offered by Swann Media LLC withen 60 days of
original purchase. All physical products must be returned before customer is eligible for a refund.
Links to third party sites/Third party services
http://familysurvivalgarden.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of Swann and Swann is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Swann is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Swann of the site or any association with its operators.
Certain services made available via http://familysurvivalgarden.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
http://familysurvivalgarden.com domain, you hereby acknowledge and consent that Swann may share such
information and data with any third party with whom Swann has a contractual relationship to
provide the requested product, service or functionality on behalf of http://familysurvivalgarden.com users
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
the Site, you warrant to Swann that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Swann or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Swann content is not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of Swann and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of Swann or our
licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”), you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded, restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Swann has no obligation to monitor the Communication Services. However, Swann reserves the
right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. Swann reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Swann reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Swann’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Swann does not control or endorse the content, messages
or information found in any Communication Service and, therefore, Swann specifically disclaims
any liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized Swann
spokespersons, and their views do not necessarily reflect those of Swann.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials provided to http://familysurvivalgarden.com or posted on any Swann web page
Swann does not claim ownership of the materials you provide to http://familysurvivalgarden.com (including
feedback and suggestions) or post, upload, input or submit to any Swann Site or our associated
services (collectively “Submissions”). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Swann, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Swann is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in Swann’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your Swann account to third party accounts. By connecting your
Swann account to your third party account, you acknowledge and agree that you are consenting to
the continuous release of information about you to others (in accordance with your privacy settings
on those third party sites). If you do not want information about you to be shared in this manner,
do not use this feature.
The Service is controlled, operated and administered by Swann from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Swann Content accessed through
http://familysurvivalgarden.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
You agree to indemnify, defend and hold harmless Swann, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Swann reserves
the right, at its own cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with Swann in asserting
any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SWANN MEDIA LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SWANN MEDIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SWANN MEDIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SWANN MEDIA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
SWANN MEDIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
Swann reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the
exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the
use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Swann as a result of this agreement or use of the Site. Swann’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of Swann’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by Swann
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Swann with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Swann
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
Swann reserves the right, in its sole discretion, to change the Terms under which
http://familysurvivalgarden.com is offered. The most current version of the Terms will supersede all
previous versions. Swann encourages you to periodically review the Terms to stay informed of our
Swann welcomes your questions or comments regarding the Terms:
SWANN Media LLC
402 Valley Oaks Dr
Wentzville, Missouri 63385
Effective as of December 16, 2012