Swingers parties your online dating site - TERMS and CONDITIONSStatement of Purpose
Acceptance of Terms
Description of Service
SwParties.com provides an online dating, collaboration and community tool that allows multiple users to connect with like-minded, consenting adults by providing the adequate tools to do so. The type of services will depend on which Paid Plan User is subscribed on. We reserve the right to make updates or modification to its Service from time to time. If any modification may result in reduction in the Services’ functionality or features, SwParties.com may notify all users via email or on the Site. SwParties.com reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to SwParties.com.
Access and Use of the Service
Many things on SwParties.com are free, such as seeing party postings, reading Forums, reading some articles. SwParties.com reserves the right to change the pages, rights and features accessible by free and/or uncertified accounts at any time, and without notice. Other pages, rights and features may be subject to subscription fees. Signing up for a paid account is optional, and all such paid accounts will be automatically set up on an auto-billing basis that will bill your credit card. There are no partial refunds for cancellations and terminations, however any such cancellation or termination shall end any future billings; there are no minimum terms. Furthermore, if your account is terminated due to any violation of this Agreement, or of any violation of other SwParties.com policies, you agree that there are no refunds for such terminated accounts. You acknowledge that SwParties.com reserves the right to change its fees from time to time in its discretion. If SwParties.com terminates your account because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees. You may only use the Service for lawful, authorized purposes and you may not misuse the Service in any way. Users shall promptly notify SwParties.com if you learn of a security breach related to the Service. Any software that may be made available by or on behalf of SwParties.com in connection with the Service, including SwParties.com mobile applications, («Software») contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this agreement, SwParties.com only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved. SwParties.com reserves the right to use User name and location as a reference on our site for marketing and promotional purposes. SwParties.com may also use User name and company to promote to potential consumers. 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 information in it. If you encounter an account that may belong to a convicted sex offender, please report it and we will review the information.
User Data Rights and Related Responsibilities
«User Data» means any data and content uploaded, post, or made available via the Services by Users. «User Data» includes uploaded files, all contents within uploaded files, profile information, intra-site communications and anything else you enter or upload into the Service. In order for us to provide the Service to you, we require certain rights with respect to User Data. Such as, transmit, store and copy User Data in order to display it to other members, index it, to make backups, etc. Acceptance of this agreement gives SwParties.com the permission to do so and grants any such rights necessary to provide the service to all Users. This also includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. Users are solely responsible for the content of User Data, and all communications while using the Services. SwParties.com is not responsible for the accuracy, appropriateness, or legality of User Data or any other information Users may be able to access using the Services. The Services provide features that allow Users to share User Data and other materials with others or to make it public. Please think carefully what is shared or made public. As a user of the Service, you understand, represent, warrant, and agree that; b. All descriptions, photos, information and other Content in your member profile will be a truthful, accurate, and current representation and presentation of yourself. c. You are solely responsible for any and all Content that you publish on the Service and/or transmit to others. d. You will never post any Content depicting any person or persons who were not at least 18 years of age at the time the Content was created. e. Your use of the Service, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for Content you view and/or publish, and for your interactions with others. f. You will be solely responsible for setting, managing and securing your passwords, and are fully responsible for all activities that occur under your username and password. g. SwParties.com does not moderate the Service. We may, however, either directly or via our authorized representatives, and without any need for explanation or reason, review, suspend, and/or delete anything you publish. h. We may at our discretion, and without notice, log onto your account to review text, photos, audio and video even those which are unavailable to the general public to check for compliance with the standards stated herein and take appropriate action. i. Member accounts are not transferable. Any account you create is to be used exclusively by and for yourself, and should be a truthful and accurate representation of yourself. j. Any abuse on the site or in the community,may result in suspension or termination and deletion of your account. k. You agree that other notices and policies found elsewhere on the site (e.g. "photo policy", "community terms and conditions", "party posting rules", "privacy notice", etc) are hereby incorporated into this agreement. l. You agree not to gain unauthorized access to the Service, other users' accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement. m. You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, firm or enterprise. n. Members will not harass, abuse or insult other members and will not use offensive or obscene words, names or phrases in any of their communications. Members acknowledge and agree that all content produced by this Site or its members become the tangible and intellectual property of SwParties.com and is copyrighted accordingly.
All images, writings, and content published on the Service, or used in creating the Service, are protected by copyright. You are solely liable for what you publish on the Service. You warrant and represent that you will not post, distribute, duplicate, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant SwParties.com a non-exclusive, royalty-free, fully paid, perpetual, unrestricted, irrevocable worldwide license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with the Service, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or extra compensation, attribution or otherwise, except for the accompanying publication of your profile username. You also accept that people who view the things you have published can easily themselves make copies of that Content, even if they shouldn't, and so you hereby release SwParties.com from any expectation or obligation to create, purchase, or deploy technology to prevent such unauthorized copying. And that various search engines may spider, index and display part or all of your Content.
SwParties.com does not moderate the Content of users. You may find other users Content to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Service. You are solely responsible for your interactions with other users. Because SwParties.com is not involved in user interactions, if you have a dispute with one or more users who have posted, viewed, or used Content on the Service, you hereby release SwParties.com, 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.
SwParties.com provides the technology and infrastructure for the Service in a manner similar to the way a telephone company provides its technology and infrastructure for its customers. Like them, we do not monitor communications. People may publish any content they want. However, we do set forth standards of behavior. Any user found to be violating these standards may have action taken against them without notice which ranges from deletion of Content, to deletion of entire profiles, to being barred from the Service, and even to referrals to law enforcement authorities. And while SwParties.com does not formally moderate the Service, we may at our discretion review member profile text, photos, images, and we may randomly or specifically review comments, email, parties, and other Content, including those which are otherwise password protected to or hidden from the general public to check for compliance with the standards stated herein; that SwParties.com may do this, User agrees that this does not in any way form an obligation or expectation that SwParties.com will do this and, as such, User will not place any reliance on SwParties.com to moderate or otherwise keep the Service void of any illegal, illicit or otherwise objectionable Content. SwParties.com assumes no responsibility for any Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user ("user" includes you, it includes other members, and includes non-members who are accessing and possibly even contributing Content). The Service contains multi-user, participatory services, including but not limited to forums, blogs, communities, parties and invitations, and other message and communication facilities that may provide you and other users an opportunity to exchange information, ideas, files, messages, transmissions and Content with other users. including submission of photos, text and other communications submitted by you and other users and the sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, SwParties.com does not guarantee any confidentiality with respect to any submissions. Forums, as well as all other aspects of the Service, including your ip address, are not guaranteed to be secure or private and you should assume your Content, information and submissions can be read and even copied by others, with or without your knowledge or permission. Although a particular feature of the site may have a policy of limited membership or restricted access, SwParties.com shall have no liability if unauthorized persons nevertheless obtain access to your Content or other information. Your use of the Service is at your own risk. You understand, acknowledge and agree that Content originating from any member are the sole responsibility of the individual(s) associated with that profile name. This means that you, and not us, are entirely responsible for the consequences of all your Content on the Service. Content does not reflect the views of SwParties.com. In no event shall SwParties.com have or be construed to have any responsibility or liability for or in connection with any Content whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Content does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to use the Service; (b) remove and delete Content; (c) revoke your ability to use the Service; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or suspending or deleting your account on the Service.
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. SwParties.com may terminate your account(s) and/or delete Content if it determines that you have violated rules and conditions as stated in this terms and condition agreement. Profile Data in expired subscriptions and inactive account will be deleted if there are no activities within the last 365 days. If a membership is terminated for any reason, whether by SwParties.com or the member, no refund will be given for any prepaid portion of the membership fees.
Disclaimer of Warranties
The service may at times undo scheduled or emergency maintenance due to updates or other causes beyond our control. SwParties.com will make every reasonable effort to provide advance notice of any Service disruption. SwParties.com cannot be held responsible for any actions or statements of any of its members, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any actions by any third party resulting from membership to SwParties.com. The service provided is an ‘as seen’ basis and because of the immense variety of selection and matching criteria does not offer any guarantees that suitable matches will be found. SwParties.com will endeavor to provide a level of service as indicated in all published materials. SwParties.com agrees to the best of its ability to keep private any information submitted by members which is not for public display but, however, cannot be held responsible for any illegal actions by any third party which breaches this agreement. USERS ACKNOWLEDGE THAT SWPARTIES.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED. SwParties.com is not responsible for any user Content published on the Service, or in connection with the Service, whether by you or by other members or users. swParties.com is not responsible for the conduct, whether online or offline, of any member or user of the Service. SwParties.com 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 the Service, Content or any member or other user communications. The Service and/or any features thereof may at any time fail or be subject to computer hacking, copying or phishing (including your IP address), and SwParties.com disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including back-up's. SwParties.com is not responsible for any problems or technical malfunction of any telephone network or data lines, computer systems, networking equipment, computer servers and related equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will SwParties.com be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, any lack of online or offline security, or any interactions between User and others, whether online or offline. That SwParties.com may, in its sole and absolute discretion, review photos, and/or other Content, and may even delete some Content from the system before or after it is published, does not in any way imply that SwParties.com is expected or obligated to do so. THE SERVICE IS PROVIDED "AS-IS" AND SWPARTIES.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SWPARTIES.COM DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, SWPARTIES.COM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY ANY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, USERS, LICENSORS, LICENCEES, PARTNERS, CLUBS, TRAVEL AGENCIES, PARTY PROMOTERS, NON-PROFITS, PHOTOGRAPHERS, AND ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE. Special note regarding "validated" members: When a member is "validated" it is NOT a formal endorsement or guaranty of any type by SwParties.com , by any SwParties.com member, or by any third party; it doesn't mean that we personally drove to their house, interviewed them, had a notary confirm them, run background checks, and/or installed biometrics on their computer. So don't take it for more than it is. We don't retain records of certifications, nor supporting data. This is simply another non-moderated feature of the Service. SwParties.com assumes absolutely no liability for any problems that arise out of any reliance on the "validated" feature of the Service.
Limitation of Liability
IN NO EVENT SHALL SWPARTIES.COM BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF SWPARTIES.COM AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF SWPARTIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY SWPARTIES.COM. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT SWPARTIES.COM SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO SWPARTIES.COM FOR THE SERVICE DURING THE TERM OF USER'S USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF (E.G. PHOTO ALBUMS, COMMUNITIES, EMAIL, PROFILE DETAILS, RENDEZVOUS, PARTIES, ETC). THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT MAY YOU INCUR. Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have SwParties.com, upon written notice from you, attempt to repair, correct or replace any deficient services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of the Service. You further understand and acknowledge the capacity of the Service, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that SwParties.com assumes no liability, responsibility or obligation to transmit, process, store, receive, deliver or secure transactions or Content or IP addresses, or for any failure or delay associated with any Content or other information and you are hereby expressly advised not to rely upon the timeliness or performance of the Service for anything.
Please read carefully:
In order to expedite and control the cost of disputes, Users and SwParties.com agree that any legal or equitable claim arising out of or relating in any way to Users’ use of the Services or this TOS will be resolved as follows: Informal Resolution. We will first try to resolve any Claim informally. Both parties may not start a formal proceeding for at least 30 days after an official notice of the Claim in writing. Notice of the Claim will include a written statement that includes the name, address, and the party’s contact information, the facts giving rise to the dispute, claim, or controversy and the relief requested. Formal Resolution. If we cannot resolve a Claim informally, any asserted Claim will be resolved only by binding arbitration and not in courts of general jurisdiction. No civil action concerning any dispute arising under this Agreement shall be instituted before any court and all such disputes shall be submitted to final and binding arbitration 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 arbitration, including actual attorney’s fees, shall be allocated among the parties according to the arbitrators’ discretion. The arbitrators’ award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration and obtaining an award thereunder shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding.
You agree to indemnify and hold SwParties.com 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 any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Service. SwParties.com reserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SwParties.com’s defense of such matters.
Choice of Law and Forum
The term and agreement shall be governed and enforced by the laws of the State of Israel without regard to its conflict of law. Each of User waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorneys fees, and the decision of the arbitrator shall be final, binding and enforceable in any court.
Proprietary Rights of SwParties