Terms and conditions - swingee.com

TERMS AND CONDITIONS OF MEMBERSHIP www.swingee.com Statement of Purpose: SWINGEE is a private club providing a service for adults who wish to communicate online with other adults, to develop a network of friends and acquaintances for social reasons only. Disclaimer: This website contains adult material. You must be over 18 to enter or 21 were applicable by law. All Members and models on this website are over 18 years of age.

By comple ng your applica on for membership in SWINGEE, you acknowledge that you have read the Terms and Condi ons of Membership, and that you accept the terms and condi ons contained herein, and agree to comply and abide by them.

Management of SWINGEE reserves the right, at it sole and absolute discre on, to refuse membership to any person, or to terminate any members membership, without no ce, for any reason whatsoever, including but not limited to failure of a member to comply with the Terms and Condi ons of Membership or viola on of the clubs Code of Conduct described below.

CODE OF CONDUCT embers must at all mes conduct their membership ac vi es in the spirit for which this club has been created. Members will not harass, abuse or insult other members and will not use offensive or obscene words, names or phrases in any of their online communica ons. This shall also be meant to prohibit the forwarding of any obscene or offensive materials, or the use of this Club for the transmission of any adver sing or other materials for commercial purposes. Members agree to respect the views of all members at all mes, and to demonstrate helpfulness and show understanding for the wishes and safety of all members.

ZERO TOLERANCE SPAM POLICY Any unsolicited commercial or promo onal messages sent to other members are considered SPAM and will result in immediate account termina on.

Prohibited ac vi es includes promo ng another website (of any type), another club or pos ng or publishing a party invita on to other than specific members. It is our inten on and desire to protect our members from all manner and types of spam.

TERMS AND CONDITIONS 1. The informa on u lized by the Club is provided solely by the Member, without independent verifica on by SWINGEE. For that reason, all members acknowledge and agree that the informa on they provide shall be honest and accurate as to his or her personal details. Each member acknowledges and agrees that any informa on he or she submits to SWINGEE for publica on can be used, uncondi onally, by SWINGEE. 2. The membership in SWINGEE is personal and belongs solely to the applicant. The membership is not transferrable. In the situa on with a couple membership, ownership of the membership will be construed as belonging to the party by whom payment is made to SWINGEE.

3. Members acknowledge and consent to the random monitoring of members transmissions by SWINGEE, to a empt to ensure compliance by the members with the Code of Conduct. This shall not be meant to be a guaranty by SWINGEE, as monitoring all transmissions would not be feasible or prac cal.

4. Failure by any member to make mely payment of membership fees will result in termina on of membership, and the members profile will be immediately deleted from the SWINGEE database. If a member has established automa c withdrawal for payment of membership fees, and that membership terminates for any reason, it is the members responsibility to cancel the automa c payment. By default the membership recurring billing is switched on. No refunds will be given for overpayment resul ng from the members failure to terminate the automa c payment.

5. Membership fees are charged in USD currency and converted into EURO or Bri sh Pounds as reflected on our payment page. SWINGEE will try to keep a posi ve exchange rate for its members. However due to daily currency fluctua ons, a member can be charged higher or lower than stated on the payment page. SWINGEE can not be held responsible for these over or under charges.

6. It is understood and acknowledged that SWINGEE shall not be responsible or liable for temporary or intermi ent problems or interrup ons of the service provided by SWINGEE, whether due to problems with SWINGEEs server or so ware, or whether due to a members hardware or so ware capabili es.

7. Members acknowledge and agree that they will be solely responsible for their ac ons and for their own safety, and that they will take all necessary care and due diligence before divulging any private (non‐published) informa on to other par es, or making private arrangements with any other members.

8. If you as a Member, have been offended by the acts or behavior of another Member who has violated the SWINGEE Code of Conduct or any of the terms and condi ons of this Membership Agreement, it is your responsibility to report such behavior to SWINGEE management. Upon receiving such no fica on, SWINGEE will monitor the E‐ mail of all of the par es involved. If offensive behavior con nues, membership of the offending member(s) will be terminated, at the sole discre on of SWINGEE. Further, if any monitored E‐mails contain language involving threats, or any other viola ons of law, such E‐mails will be forwarded to the appropriate law enforcement agencies.

9. Members acknowledge and agree that all content produced by this Club or its members become the tangible and intellectual property of SIM and is copyrighted accordingly. Any content produced by this club may be used by SWINGEE Inc for any business purpose whatsoever.

11. No civil ac on concerning any dispute arising under this Agreement shall be ins tuted before any court and all such disputes shall be submi ed to final and binding arbitra on by a three man panel. Each party shall select one arbitrator, who will in turn select a third arbitrator. All costs and expenses of the arbitra on, including actual a orney's fees, shall be allocated among the par es according to the arbitrators' discre on. The arbitrators' award resul ng from such arbitra on may be confirmed and entered as a final judgment in any court of competent jurisdic on and enforced accordingly. Further, the par es hereto expressly agree that proceeding to arbitra on and obtaining an award thereunder shall be a condi on precedent to the bringing or maintaining of any ac on in any court with respect to any dispute arising under this Agreement, except for the ins tu on of a civil ac on to maintain the status quo during the pendency of any arbitra on proceeding.

12. Account Reminders, you agree that when joining SWINGEE if you do not log in for over a week or another member sends you an email on the site that SWINGEE will send you an account reminder or an email sta ng that another member has contacted you and / or occasional promo onal messages.

13.Life me Membership. A life me membership is for the life me of the website or its current ownership. Life me does not mean your life me. SWINGEE inc keeps the right to cancel a life me membership at any me for any reason. If you cancel your own life me membership and decide later to create a new account, its up to SWINGEE inc to decide a reinstatement of your life me membership. If an account is not used for 180 days, the account will be removed.

14. If a membership is terminated for any reason, whether by SWINGEE or the member, no refund will be given for any prepaid por on of the membership fees.

15: In our efforts to keep our site a place where members feel comfort in joining registered sex offenders are prohibited from using our site. Once we determine a user's status as a sex offender, we immediately remove the account and all informa on in it. If you encounter an account that may belong to a convicted sex offender, please report it and we will review the informa on.

DISCLAIMER: This club cannot be held responsible for any ac ons or statements of any of its members, nor any ac ons resul ng from the illegal or irresponsible ac ons of any of its members or for any ac ons by any third party resul ng from membership to this club. The service provided is an 'as seen' basis and because of the immense variety of selec on and matching criteria does not offer any guarantees that suitable matches will be found. This club will endeavor to provide a level of service as indicated in all this club published materials. This club agrees to the best of its ability to keep private any informa on submi ed by members which is not for public display but, however,