| Terms of use |
| You must read and agree to these terms and conditions before you may access or view
The Swingers Club.net. Please read them carefully. By visiting the The Swingers
Club.net website, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. 1. Eligibility: You must be eighteen or over to register as a member of or use this site. membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years of age - who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and erotic nature. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18 of age or who is offended by such materials or who does not wish to be exposed to such materials. Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. By using and/or viewing this site you represent and warrant under penalty of perjury the following: A) That you are an adult, at least 18-years of age. B) That you will not permit any person(s) under 18-years of to have access to any of the materials contained within this Site. C) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. D) That you further represent and warrant that you have not notified any governmental agency that you do not wish to receive sexually oriented material. E) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. 2. Fees/Termination: The Swingers Club.net usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. The Swingers Club.net reserves the right to terminate your access to the site for any reason or no reason. The Swingers Club.net may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If The Swingers Club.net terminates your membership in the The Swingers Club.net service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 14, inclusive, of this Agreement. 3. Non-Commercial Use by Members/Viewers: The Adult The Swingers Club.net site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of The Swingers Club.net and should not use the The Swingers Club.net service or site for any purpose. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited bulk commercial e-mail will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, The Swingers Club.net may take reasonable steps, including the limiting of the numbers of emails sent by a member. 4. Proprietary Rights of Content on The Swingers Club.net: The site contains the copyrighted material, trademarks, and other proprietary information of The Swingers Club.net. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. 5. Content Posted on the Site A) The Swingers Club.net, Inc. claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Swing Connect. may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment The Swingers Club.net violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of The Swingers Club.net and/or its members. B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the The Swingers Club.net or transmit to other The Swingers Club.net. members. C) By posting content to any public area of The Swingers Club.net you automatically grant, and you represent and warrant that you have the right to grant, to The Swingers Club.net and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to The Swingers Club.net if you provide The Swingers Club.net with your e-mail address via a registration process or post it on The Swingers Club.net you thereby authorize The Swingers Club.net and its affiliates and any entities that The Swingers Club.net becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you. D) The following is a partial list of the kind of content that is illegal or prohibited on the site. The Swingers Club.net will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; promotes information that is knowingly false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material of anyone under the age of 18 in any manner, or solicits personal information from anyone under 18; provides material involving sex with animals; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent. E) You must use the The Swingers Club.net service in a manner consistent with any and all applicable laws and regulations. F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the The Swingers Club.net site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to The Swingers Club.net by our users or third parties. G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other The Swingers Club.net members. The Swingers Club.net cannot monitor the conduct of its members off the The Swingers Club.net site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. 6. Member Disputes: The Swingers Club.net does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other The Swingers Club.net members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on The Swingers Club.net site, you release The Swingers Club.net including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 7. Privacy: Use of the The Swingers Club.net site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you. 8. Disclaimers: The Swingers Club.net, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the The Swingers Club.net service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the The Swingers Club.net service whether online or offline. The Swingers Club.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. The Swingers Club.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the The Swingers Club.net site and/or in connection with the The Swingers Club.net service. Under no circumstances can The Swingers Club.net be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the Adult The Swingers Club.net site or transmitted to The Swingers Club.net members. The site and the service are provided "AS-IS" and The Swingers Club.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Swingers Club.net cannot guarantee and does not promise any specific results from use of the site and/or the The Swingers Club.net service. 9. Limitation on Liability: Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will The Swingers Club.net be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the The Swingers Club.net service, even The Swingers Club.net has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Swingers Club.net's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Swingers Club.net for the service during the term of membership. 10. Indemnity: You agree to indemnify and hold The Swingers Club.net its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above. |