Terms). These terms constitute a legally binding contract between you and www.swing.net and you are encouraged to contact an attorney of your own choosing and at your own expense if you do not understand anything contained herein. If you do not agree with any portion of these Terms, please leave www.swing.net immediately.
These Terms are an agreement/contract between you and www.swing.net (
www.swing.net). These Terms set out the legally binding terms of your use of the www.swing.net website and our affiliated Websites (the
Website), and include (i) our policy for acceptable use of the materials, communications features, and other services (the
If you are an individual who desires to become a user of the limited features of the Service which are available for free (Registered User), you must read these Terms and accept them by following the instructions on the
Join and meet people now section of the Website and clicking the
Sign Up button. If you are a Registered User who desires to become a premium user (
Member) of the Website by purchasing a premium membership subscription (which will allow you to use all features of the Service appropriate to the level of membership you purchase), you will be subject to both these Terms and further terms as specified by the third party billers we use to process membership fees (SegPay,
WARNING: THE WEBSITE MAY CONTAIN ADULT MATERIAL NOT INTENDED TO BE VIEWED BY MINORS
Sexually explicit pictures, videos, stories, images, or sounds may be contained on the Website. This Website is only intended for consenting adults. If you are under the age of 18 years or have not reached the age of majority in the jurisdiction which you accessing the Website from, please leave the Website immediately. If you are offended by sexually explicit material or you do not want to be exposed to the type of material displayed on the Website, please leave the Website immediately. Additionally, if it is illegal to view sexually explicit material in your jurisdiction, you must exit the Website and discontinue use of the Service immediately. The Website makes no representation of any kind regarding the legality of any of the material displayed on the Website in your jurisdiction.
You acknowledge that you understand that there are commercially available parental control protections (such as computer hardware, software or filtering services) available to assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or from other third party companies, providers or entities offering such protections. (These links are provided for informational purposes only - www.swing.net is not affiliated with, nor does www.swing.net endorse or recommend these products or services).
As a commitment to our Registered Users and Members (collectively, the Users), the Service includes a rich collection of online resources. These include, but are not limited to, various communication tools, chat services, third party content, online forums, personalized content and branded programming. We reserve the right in our sole and absolute discretion to add, remove, and/or change any portion of the Service at any time.
Registered Users are able to access a limited set of the Service's features without charge after providing the required registration information. Members are given access to all features included as part of the membership option chosen when applying for the membership.
www.swing.net RESERVES THE RIGHT TO DISCONTINUE OR REQUIRE PAYMENT FOR ANY FREE PORTION OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION OR DISCONTINUANCE OF ANY OR ALL FREE PORTION OF THE WEBSITE.
www.swing.net RESERVES THE RIGHT TO DISCONTINUE OR CHANGE SERVICES INCLUDED IN VARIOUS MEMBERSHIP OPTIONS AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO ANY OR ALL OF www.swing.netS MEMBERSHIP OFFER(S).
From time to time, in our sole and absolute sole discretion, we may offer free upgrades or promotional accounts to some Users. We reserve the right to change or discontinue, temporarily or permanently, such upgrades or promotional accounts without notice. You agree that we are not liable to you or any third party for any modification or discontinuance of and free upgrades or promotional accounts. www.swing.net reserves the right to change or discontinue, temporarily or permanently, the Service in whole or part at any time without notice. You agree that www.swing.net will not be liable to you or any third party for any modification or discontinuance of the Service.
www.swing.nets primary purpose is to provide an adult entertainment experience. The Service enables Users to connect with each other, exchange pictures, stories, fantasies and contact and engage in conversation with other User.
Icebreaker Messages and Actions.
We ask all our Users whether they want to opt-in into our icebreaker messages and icebreaker actions service, which means that we send icebreaker messages, view profiles, send friend requests, send gifts, comment on content and mark content as
hot (icebreaker actions) under the name and on behalf of these opted-in Users. The icebreaker messages and icebreaker actions aim to introduce Users to each other, to facilitate and support a conversation, to make Users interact on each other's content, introduce new Users to our most active community members and to generally promote and increase the use of the Service. Icebreaker messages are marked by the sign . These messages and actions may be computer generated or customized by us. We do not send icebreaker messages or carry out icebreaker actions on behalf of Users who terminated their membership, cancelled their account, or who have not been logged-in into their account for the last four full calendar months. You are able to opt-out from the Icebreaker service, by contacting us. You can only opt-out from us sending icebreaker messages, view profiles, send friend requests, send gifts, comment on content and mark content as “hot” (icebreaker actions) from your profile to other Users and Members, but not from receiving those Icebreaker messages and actions.
Icebreaker messages or icebreaker actions are sent to Registered Users who match one or more of your preferences. If a Registered User matches the preferences of a large number of other Users, he or she will only receive a limited number of icebreaker messages or actions. Please understand that despite you becoming a paying Member, the User who sent you an icebreaker message or icebreaker action might not respond to you for various reasons, including without limitation, the User is not interested in responding, may not be actively monitoring his or her account or may no longer be available.
You have no right that we send icebreaker messages or perform icebreaker actions on your behalf towards a specific User or to request that icebreaker activities on your behalf are carried out in preference over icebreaker activities for other Users. If we do not have enough matching profiles, we have the right not to send icebreaker messages or not to carry out icebreaker actions at all on your behalf.
You understand and agree that there is no guarantee that you will find a date, a companion or an activity partner, or that you will meet any of our Users in person. www.swing.net merely provides an adult entertainment experience to its Users.
OUR WEBSITE AND SERVICE ARE INTENDED SOLELY FOR ACCESS AND USE BY CONSENTING ADULTS WHO ARE 18 YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN THE JURISDICTION YOU ARE ACCESSING THE WEBSITE FROM.
By viewing, using, registering or subscribing to the Website, you represent and warrant the following:
A) That you have the right, authority and capacity to enter freely into these Terms;
B) That you choose to access the Website and Service freely, in order to view, read, or hear the content available for your own personal enjoyment or entertainment;
C) That you will abide by these Terms;
D) That you are of the age of majority in your jurisdiction (18 year of age, or older, depending on the age of majority in your jurisdiction);
E) That you will not permit any individual under the age of majority in your jurisdiction (18 year or age, or older, depending on the age of majority in your jurisdiction) to view or access material on the Website;
F) That you will not use or view the Website in a jurisdiction where doing so would or could be considered a violation of any law or regulation, rule, ordinance, edict, custom or community standard;
G) That you agree to receive automated icebreaker messages and other actions under the name and on behalf of Users who agreed to use the icebreaker service.
If you are merely surfing or browsing through the Website and have not yet registered with or subscribed to the Service, your use of the Website is still subject to these Terms; if you do not agree to these Terms, then do not use the Service and leave the Website immediately.
YOU HEREBY WARRANT AND ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT ANY USE OF OR ACCESS TO THE WEBSITE OR SERVICE BY A MINOR OR IN CONTRAVENTION OF THE LAWS OF YOUR JURISDICTION CONSTITUTES UNAUTHORIZED ACCESS TO THE WEBSITE AND TO THE SERVICE, AND COULD SUBJECT YOU TO CRIMINAL OR CIVIL PROSECUTION. www.swing.net IS IN NO WAY RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR SERVICE BY YOU.
For the benefit of the entire www.swing.net dating platform, and to comply with applicable law, we have a few mandatory guidelines for our Users. www.swing.net reserves the right to change or discontinue, temporarily or permanently, your access to the Service in whole or part in response to any conduct that we determine to have violated these terms. While www.swing.net does not pre-screen content posted by Users of the website, nor do we pre-screen communications sent via the Service, we reserve the right to remove or edit any content that, in our sole judgment, is found to violate these Terms. For this reason, we ask that you carefully read and fully understand these Terms.
A) Provide Accurate Information.
You agree to provide true, accurate, current, and complete information about yourself as requested by the Website (
Registration Data). Accurate records help us create better websites and provide us with opportunities to identify new services or products that may interest you. Please update your Registration Data to keep it current and accurate.
B) Guard Your Password.
You will receive a user name and password upon completion of the registration process. You are responsible for maintaining the confidentiality of your password and the security of your account, and are fully responsible for all activities that occur using your password or account. Use of an account on multiple computers simultaneously is not permitted. Please notify www.swing.net immediately of any unauthorized use of your password or account or any other breach of security.
C) Obey the Law.
You agree not to use the service for any illegal purpose, or for the transmission or posting of any digital information including, but not limited to, text, images, graphics, and audio/video/audio-video recordings (the Content) that is unlawful, harassing, libelous, abusive, threatening or obscene or that constitutes an infringement/invasion of the rights of privacy or publicity of any individual or entity.
YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICE TO OFFER, ADVERTISE, OR PROMOTE PROSTITUTION, SEX TRAFFICKING, OR UNLAWFUL SEX ACTS BY FORCE, FRAUD, OR COERCION.
You agree to use the Service in a manner consistent with any and all applicable laws, regulations, customs, or community standards in the jurisdiction from which you are accessing the Website.
It is prohibited to discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor or engage in any conduct whatsoever that violates any law pertaining to the protection of minors. It is also strictly prohibited to display any obscene conduct or unnatural sexual acts such as child pornography, bestiality or necrophilia.
If you receive communications that you find to have violated these Terms, please contact us and provide a description of the situation, including message text and the User who sent the information to you. If we become aware that you use the Website to store or transmit Content that violates these Terms, we will remove such Content from the Website, close your account, and we may report the incident to law enforcement authorities.
D) Respect Intellectual Property and Copyright.
You agree not to use the service to post, display, or disseminate any Content that infringes on the copyright of any other individual, entity, or interest. You warrant that for any Content you post, display or disseminate:
You own the Content posted by you on or through the Service, or that you otherwise have the right to grant the license set forth in this section; and
The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. You agree to pay for all royalties, fees, and any other moneys owed to any individual or entity by reason of any Content posted by you to or through the Service.
While www.swing.net is not legally required, www.swing.net intends to fully comply with the Digital Millennium Copyright Act (DMCA), including the notice and
take down provisions, and to benefit from the safe harbors immunizing us from liability to the fullest extent provided by law. www.swing.net reserves the right to terminate registration or membership privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Please visit our DMCA page to locate the processes and procedures that www.swing.net utilizes in compliance with the DMCA.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of www.swing.net, Users who are deemed to be repeat copyright infringers. We may also in our sole and absolute discretion limit access to the Website and/or terminate the registration or membership of any User who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
E) Use of Messaging, Email, and Blogging.
Some of www.swing.net's features provide Users with access to mail and/or profile comments. You agree not to use this feature of the Service to broadcast
chain letters, or unsolicited mass distribution of files or images.
In order to ensure that these communication services are not abused, www.swing.net may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the Service, a maximum number of messages that may be sent from or received by an account on the Service, a maximum size or length of any message that may be sent from or received by an account on the Service, a maximum amount of disk space that will be allotted for your stored messages, a maximum amount of time spent broadcasting and viewing video, and a maximum time period and number of times you may have access to the Service in a given time frame.
If you receive communications that you find to have violated these Terms, please contact us with a description of the situation, including message text and the User who sent the information to you.
You agree that you will not impersonate any other User of the Service by any means (for example, but not limited to, including fraudulent or misleading statements in your profile, or sending communications containing claims or statements intended to misrepresent your identity). You will not, by any means available on the Service, attempt to impersonate or claim that you are in any way associated with or responsible for or to www.swing.net or affiliates of www.swing.net.
If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us and provide a description of the situation, including message text and the User who sent the information to you.
G) Disclosure of Personal Information in Public Sections of the Website.
You agree to avoid any communication including, in whole or in part, any personally identifiable information (including, but not limited to, email addresses, instant messenger account information, phone numbers, physical addresses, or real names) on public areas of the Website (including, but not limited to, profiles, comments, chat streams, images, graphics and audio/video/audio-video recordings). Posting material of this kind in a public forum leads to an increased potential for undesired use of your personally identifiable information.
If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us with a description of the situation, including message text and the User who displayed the information to you.
At no time during your participation on the Website is it acceptable to promote yourself as it relates to your participation on any other website, and at no time is it acceptable that you redirect Users of www.swing.net to any other website.
The Service cannot be used to transmit or post messages, images, graphics, or audio/video/audio-video recordings containing any advertisements or solicitation for funds, goods or services.
If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us immediately with a description of the situation, including message text and the User who sent the information to you.
I) Content Restrictions.
All website design, text, graphics, the selection, and arrangement thereof, and all software that are part of the Website are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of the Content found on the Website is strictly prohibited without the prior written permission of www.swing.net. Content that is publicly available on the Website may not be stored in a computer, except for personal and non-commercial use.
J) Limits On Uses of User Information.
The material on the Website is for the private, non-commercial enjoyment of Users only. Any other use is strictly prohibited. www.swing.net spends a great deal of time and money to obtain and maintain the information and services available on its Website. Registered users and premium users agree that they will not data scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for Commercial Purposes any User's information (whether specific to any particular user or as an aggregation) accessible through any of our websites (including but not limited to: www.swing.net), without express written permission from www.swing.net. Registered users and premium users agree that, should they do so, www.swing.net reserves the right to cancel their registration or membership immediately. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
Commercial Purposes include, but are not limited to, selling information to third parties; using the data collected to customize Users' experiences at a Website or network outside of www.swing.net; using the data for targeted marketing campaigns not affiliated with www.swing.net; or using the data to offer services to Users of www.swing.net. www.swing.net reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
ILLEGAL AND/OR UNAUTHORIZED USES OF THE WEBSITE, INCLUDING COLLECTING USER NAMES, EMAIL ADDRESSES, OR OTHER PERSONALLY IDENTIFIABLE INFORMATION OF USERS BY ELECTRONIC OR OTHER MEANS FOR THE PURPOSE OF SENDING UNSOLICITED EMAILS, UNAUTHORIZED FRAMING OF OR LINKING TO THE WEBSITE OR ANY OTHER USE NOT EXPRESSLY PERMITTED IN THESE TERMS IS PROHIBITED AND WILL BE INVESTIGATED. WE RESERVE THE RIGHT TO TAKE ACTION IN RESPONSE TO ANY SUCH USE OF PERSONAL OR PROPRIETARY INFORMATION, INCLUDING, WITHOUT LIMITATION, CIVIL, CRIMINAL, OR INJUNCTIVE REDRESS.
5) Rights You Grant to Us
A) Distributing Content You Produce.
If you provide any Content to the Website, you represent and warrant that you have all necessary ownership or other rights in the Content to place it on the Website, that it is not defamatory and that it does not violate any rights of privacy or any intellectual property rights of any other person.
www.swing.net may modify, display, transmit, and create new material using your Content to support the operation of our systems, including but not limited to, providing introductions to other Users, sending icebreaker messages and actions, commenting on content, assisting us in the formulation and transmission of communications to you, adding watermarks to profile images, or to support your inclusion in any area of the Website.
By submitting Content to the Website, you expressly agree that www.swing.net and anyone permitted by www.swing.net may reproduce, display, distribute, and create new works of authorship based on and including the Content.
Notwithstanding this license, www.swing.net will take reasonable precautions to ensure that your e-mail and direct communications remain private.
B) Advertising by www.swing.net.
www.swing.net relies on advertisers to help fund the offered Service. In order to continue the Service, you agree that www.swing.net may display advertisements and promotions of all kinds in and with the Service.
C) Account Access.
In order to ensure that www.swing.net is able to provide high-quality services that are responsive to Users' needs, you agree that www.swing.net employees have access to your account and records as reasonably needed to investigate account issues.
D) Monitoring of Content.
www.swing.net assumes no responsibility for monitoring the Website or the Service for inappropriate Content (including, but not limited to, Content that may infringe on the copyright of any individual or entity) or conduct. If at any time we choose, in our sole and absolute discretion, to monitor the Service for inappropriate Content, www.swing.net assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content.
E) Termination of Access to Service.
We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to the Service at any time for any reason, with or without notice, including but not limited to, breach of these Terms.
Any fraudulent, abusive, obscene, or otherwise illegal activity on the Service, as well as any activity that may affect the enjoyment or use of the Service by other Users, may be grounds for the suspension or termination of all or part of the Service in our sole and absolute discretion. In cases of inappropriate, fraudulent, or illegal use of the Service, you may be referred to appropriate law enforcement services.
F) Contacting Users.
We reserve the right to use your personally identifiable information to identify you in dealings with third party billing providers.
G) Contact and Communications from Other Users.
You warrant and affirm that you understand and agree that all data in your profile and all other data regarding your use of the Service will be used in and in association with the Service's features, including but not limited to, providing introductions to other Users, details for the new or featured members section, and searchable information for use by other Users of the Service.
Additionally, your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and the contents) of, Members registered to other Websites operated and powered by the Service (e.g. co-branded, privately labeled, etc.). This feature may allow you to interact with Members of other affiliated websites.
Any communications to you may contain material of a sexually explicit nature. We do not actively monitor the contents of any communications between Users. If you receive communications that you believe have violated any other section of these Terms, please contact us and provide us with a description of the situation, including message text and the User who sent the information to you.
H) No Actions Resulting From Registration In
No Contact Registries.
You hereby agree that you will not bring any action against www.swing.net, any Website Content providers, any of the Website's affiliates or any of the aforementioned parties' principals, employees or agents as a direct or indirect consequence of your registration of an email address, mailing address, telephone number or other contact information with any
do not email or contact registry. You agree to indemnify www.swing.net, our affiliates and any of the aforementioned parties' principals, employees and agents for any and all expenses and damages that result from any and all breaches of this section and for any actions against www.swing.net for sending you email that you requested or authorized www.swing.net, any Website Content providers or any of the Website's affiliates to send.
I) Merger or Acquisition.
In order to ensure a smooth transition of the Service in the event of a merger, acquisition, reorganization, sale of any portion of its assets or the sale of an individual website owned by www.swing.net, www.swing.net may transfer your personally identifiable information, the Content and the contract between you and www.swing.net pursuant to the Terms to a third party as a part of such merger, acquisition, reorganization or sale.
J) Integrated Databases.
Your profile (and its contents) may be searchable by, and you may be able to search for, the profiles (and their contents) of, members registered to other websites operated or
powered by www.swing.net or its affiliates or partners (e.g. co-branded, privately labeled, etc.). This feature may allow you to interact with additional affiliates or partners of www.swing.net.
6) Third Party Services
The Website may contain (or you may be sent through the Website or the Service to) links to other websites (Third Party Websites) as well as text, images, graphics, and audio/video/audio-video recordings, software and other content belonging to or originating from third parties (the Third Party Content). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by www.swing.net, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content available through the Website. When using any services offered by a third party via the Website, you will be subject to terms posted by these third party service providers. Also, by accepting third party offers, you will be subject to terms posted by these third parties. Accepting these offers signifies your agreement to those additional terms.
7) Membership With www.swing.net
The following terms are specifically associated with the purchase of a www.swing.net paid membership.
A) Payment Obligation and Credit Card Authorization.
The Member is responsible for paying periodic membership fees. The fees payable for each of www.swing.net's membership subscriptions are set out on the payment page of the Website. Paying Members authorize www.swing.net's payment processor(s) to charge the Member's credit card (or other approved facility) for the ongoing cost of membership. Payment for the appropriate services will be made by automatic debit to the Member's credit card (or other approved facility). Members will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the Member terminates the membership online with respective billing provider prior to the renewal date pursuant to the process set forth below. The Member acknowledges and agrees that the authorization to charge the Member's credit card for services shall automatically transfer to any successors or assigns of the Service for substantially similar services on the Website. The Member may not assign or transfer his or her membership to any other individual or entity. You must have reached the age of majority in your jurisdiction (18, or older, depending on the age of majority in your jurisdiction) in order to register for a membership.
Payment must be made by a major credit card, checking account or phone charge accepted by www.swing.net's payment processor(s). If www.swing.net does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by www.swing.net. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT www.swing.net, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
www.swing.net RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY www.swing.net OR CHANGES TO SERVICES ASSOCIATED WITH VARIOUS MEMBERSHIP OPTIONS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE WEBSITE. www.swing.net MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR MEMBERSHIP TO THE SERVICE, AS PROVIDED BELOW. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
B) Member Information.
You agree to provide true, accurate, current, and complete information about yourself as prompted during the membership process.
Once you are a Member of the Service, your username and password will allow access to Member services appropriate to the level of membership you purchased. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Members must promptly inform www.swing.net of any of the following: changes in the expiration date or number of any credit card used in connection with the service; changes in home or billing address; and any apparent breaches of security, such as loss, theft or unauthorized disclosure or use of an account or password. Until www.swing.net is notified by email of a breach in security, the Member will remain liable for any unauthorized use of all www.swing.net services, and for any charges that accrued to his or her account.
C) Cancellation of Your Membership.
You may terminate your membership at any time. When termination is requested via email to firstname.lastname@example.org, your credit card (or other approved facility) will not be automatically renewed and access will be terminated on the expiration date. Termination of your membership shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle during which your membership is terminated. When membership is terminated, access to the Service will continue until the membership actually expires.
D) Membership Termination for Breach of Terms.
You acknowledge that www.swing.net, in its sole and absolute discretion, may terminate your account (or any part thereof) or use of the Service for any reason, including without limitation, if www.swing.net believes that you have violated or acted inconsistently with the letter or spirit of these Terms. www.swing.net may also, in its sole and absolute discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You further acknowledge that membership fees are not refundable, in whole or part, upon membership termination.
You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that www.swing.net may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that www.swing.net shall not be liable to you or any third party for any termination of your access to the Service.
E) Trial Memberships.
www.swing.net occasionally may offer promotional trial memberships to its premium services at special discounted prices. Users that sign up for such trial memberships will be automatically renewed at the end of the trial period at the normal membership rate specified at the moment of trial subscription, unless the User cancels before the end of the trial period.
Users are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of certain portions of the Website and the Service is through a combination of a user name and a password. Each Member must keep his or her password strictly confidential. www.swing.net will not release passwords for any reason, except as may be specifically required by law or court order or in a permitted transfer. Unauthorized access to the membership service is a breach of these Terms and a violation of law.
G) Refund Policy
The billing system used by www.swing.net or our authorized agents provides extensive credit card fraud protection measures and includes many features to protect users from accidental charges. www.swing.net will issue refunds in its sole and absolute discretion.
Requests for refunds are taken very seriously and will be carefully reviewed and considered.
www.swing.net does not provide cash refunds; the requested transaction is refunded back to the customer by our authorized billing agent.
If an issued refund is for a recurring billing, only the most recent payment will be refunded. A refund for a recurring billing will result in an immediate cancellation of recurring service.
A refund of fees for any non-recurring service(s) will result in immediate termination of access to the service(s).
On issuing a refund, www.swing.net reserves the right to add the customer to the negative databases of our associated authorized billing agents, and to any third party fraud prevention agents associated with our products.
8) Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THESE TERMS.
A) Disclaimer of Warranties.
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an
AS IS and
AS AVAILABLE basis. www.swing.net and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
www.swing.net makes no warranty that:
the Service will meet your requirements;
the Service will be uninterrupted, timely, secure or error-free;
the results that may be obtained from the use of the Service will be accurate or reliable;
the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations;
that your email, videos or blog will not be lost;
that the Website, Service or Content associated therewith is free of harmful or malicious code. You understand that neither we, our affiliates nor any Website Content providers represent, guarantee or warrant that either the Website or any Content or any other files you may access or download from the Website, any website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, protection of your computer(s) and for maintaining a means of reconstructing data that you might lose because of any harmful code you use, download or install; or
any errors in the software will be corrected
Any material downloaded or otherwise obtained by you through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Website, our third party service providers, or through or from the Service will create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these Terms, then this Disclaimer of Warranties will override it.
B) Limitation of Liability.
You agree that www.swing.net will not be liable for any harms, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the www.swing.net has been advised of the possibility of such damages), resulting from:
the use or the inability to use the Website or Service;
the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
unauthorized access to or alteration of your transmissions or data;
loss or misuse of data you posted, transmitted through, or otherwise communicated via the Website or the Service;
statements or conduct of anyone on the Service; or
any other matter relating to the Service.
You agree to protect and fully compensate www.swing.net, its affiliates and partners and our and their principals, employees and agents, service providers and billers from any and all third party claims, liability, damages, expenses and costs (including but not limited to, reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, your provision of Content to the Service, or your infringement or infringement by any other User of your account, of any intellectual property or other right of anyone.
D) Release of Liability.
You hereby release www.swing.net and its principals, its affiliates and partners and our and their employees, independent contractors, advertisers, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials you may receive from the www.swing.net, Website affiliates, Website Content providers, or other Users of the Service.
E) No Endorsement of Website Content or User Behavior.
You agree and understand that www.swing.net is not responsible for any incorrect or inaccurate Content posted on the Website or transmitted via the Service, whether caused by Users of the Service, third party providers, third party advertisers, or by any of the equipment or programming associated with or utilized in the Service.
You acknowledge and agree that we do not endorse the Content posted or transmitted via the Service by any third party (including, but not limited to, Users, Members, advertisers, third party providers and Website affiliates) and are not responsible or liable for any Content, even though it may be inaccurate, unlawful, harassing, libelous, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another individual or entity.
You acknowledge that we do not pre-screen Content, but that the Website and its assignees will have the right (but not the obligation) in its sole and absolute discretion to refuse, edit, move or remove any Content that is publicly available via the Service. If you encounter any Content that you feel violates any of these Terms, please contact us and provide a description of the situation, including a description of the content and its location.
Because www.swing.net is not directly involved in most User interactions, in the event that you have a dispute with one or more Users or those who have posted, viewed or used information on the Website, you agree to release www.swing.net and its affiliates and partners, and our and their principals, employees, agents and subsidiaries, 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. If you receive any communication from, or encounter any material (including, but not limited to, text, images, graphics, digital audio/video/audio-video, User profile details or chat streams) that you feel violates any of these Terms, or if you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us with a description of the situation, including message text and the User who sent the information to you.
Except as previously stated, and notwithstanding any promotional offers, www.swing.net does not endorse, encourage, recommend or arrange communications or meetings among any Users (or between Users and Website affiliates or Website Content providers) other than electronically on the Website. You are expected to use common sense and take appropriate measures and precautions to insure your own personal safety and privacy in the event that you choose to communicate with, or meet with any individual with whom you have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by www.swing.net, a Website affiliate or any Website Content provider. You acknowledge and agree that www.swing.net shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Users, Website affiliates, Website Content provider, or through any use, directly or indirectly, of the Website or the Service. You further acknowledge and agree that www.swing.net does not screen any communications between Website affiliates or Website Content providers and Users, and www.swing.net has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content providers, Website affiliate or any other Users of the Website.
It is suggested that you never display or share any of your personal information or the personal information of anyone else that could be used to find you or someone else in the real, off-line, world , such as strangers or people you just met -- for example, mailing or home address or home or mobile telephone numbers of yourself or others. Think twice before agreeing to meet anyone in person you met on this or other websites and always take appropriate precautions to protect your safety and the safety of others.
F) No Waiver.
You acknowledge and agree that the failure of www.swing.net, its assignees or its successors, or any the Website Content providers or Website affiliates and their successors or assigns, to enforce any of the specific provisions of these Terms shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other rights.
You shall not, under any circumstances, have the right to transfer or assign your license to use the Website or any license(s) to use any Content you might obtain in association with the Website. You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or Service are for your individual use only. You must keep passwords issued by www.swing.net and/or Website affiliates strictly confidential, and you hereby agree to do so. If you use a password that www.swing.net considers to be insecure, we reserve the right to require the password to be changed and/or terminate your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other individual or entity is strictly forbidden.
Notices by www.swing.net to Registered Users and Members may be given by electronic messages or by a general posting on the Service.
11) Governing Law and Severability
Except as otherwise expressly stated in these Terms, all matters relating to your access to, or use of, the Service shall be governed by the laws of Switzerland without regard to its conflict of laws provisions and any disputes arising out of these Terms will be subject to the exclusive jurisdiction of an appropriate court in Switzerland. You hereby consent to the personal jurisdiction of the courts of Basel, Switzerland. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
12) Entire Agreement
Please contact us with any questions regarding these Terms. These Terms represent the entire understanding between you and www.swing.net.
Nothing further follows.
Cargo Media AG, Zentrum Staldenbach 2, 8808 Pfäffikon SZ, Switzerland