THIS IS AN AGREEMENT BETWEEN YOU AND TOTAL IMMERSION SWIMMING JAPAN, INC., AND, WHERE APPLICABLE, ITS PRINCIPALS ( TOTAL IMMERSION SWIMMING JAPAN, INC., WITH ITS AFFILIATES, "TI" OR "WE"). BEFORE USING THE TI SWIM DIGITAL CONTENT SERVICE (THE "SERVICE"), PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), THE TOTAL IMMERSION SWIMMING JAPAN PRIVACY NOTICE, AND TOTAL IMMERSION SWIMMING JAPAN CONDITIONS OF USE (COLLECTIVELY, THE "TERMS OF USE"). IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF USE.

1. The Service

The Service offers downloads of digitized versions of video content, learning materials, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

2. Usage Requirements

To use the Service, you will need a compatible device, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.

3. Digital Content

3.1  Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

3.2  Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

3.3  Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

3.4  All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact TI customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.

3.5 Unique Identifiers. The Digital Content may include unique identifiers that are specific to you or your purchase ("Unique Identifiers").

4. Reservation of Rights

Except for the rights explicitly granted to you in the Terms of Use, all right, title and interest in the Service and the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Software or Digital Content.

5. General

5.1  Termination; Amendments. Your rights under the Terms of Use will automatically terminate without notice from us if you fail to comply with any of their terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights. We may amend any of the Terms of Use at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service, the Software or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.

5.2  Third-Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against you and invoke all rights hereunder including limitations of liability.

5.3  Contact Information. For communications concerning the Terms of Use, please write to Total Immersion Swimming Japan, ltd.