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SWINGERMATCH MEMBER TERMS AND CONDITIONS
(YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THE SWINGERMATCH
WEBSITE. ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE
OF 18 IS STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement (the
"Agreement") carefully. The Agreement sets out the terms under which
swingermatch.com services (the "Services") are provided to you by us
(WhatBox, LLC d/b/a swingermatch.com, 4009 Old Denton Road, #114-305, Carrollton, TX 75007, USA) through the
swingermatch.com website (the "Site"). By registering with
swingermatch.com, you become a member of the Service (a "Member"),
and you agree to be bound by the terms and conditions of this Agreement (the
"Terms") for as long as you continue to be a Member. If you do not agree
to the Terms, please do not register for the swingermatch.com Service or
otherwise access or use this Site.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing any content on or
feature of the Site; or
· Change any fees or charges for using the Site.
Any changes we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting on the Site or email.
Your use of the Site after such notice will be deemed acceptance of the
changes. Be sure to review this Agreement periodically to ensure familiarity
with the most current version. Upon our request, you agree to sign a
non-electronic version of this Agreement.
REGISTRATION. To become a Member you must register with us. When and if you
register to become a Member, you agree to provide accurate, current and
complete information about yourself as prompted by our registration form
("Registration Data"), and to maintain and update your information to
keep it accurate, current and complete. You agree that we may rely on your
Registration Data as accurate, current and complete. You acknowledge that if
your Registration Data is untrue, inaccurate, not current or incomplete in any
respect, we reserve the right to terminate this Agreement and your use of the
Site.
When you register, we will require that you provide sufficient information to
indicate that you are at least 18 years old. By becoming a Member, you represent
and warrant that you are at least 18 years old, which is the minimum required
age to become a Member. However, we cannot guarantee that each Member is at
least the required minimum age, nor do we accept responsibility or liability
for any content, communication or other use or access of the Site by persons
under the age of 18 in violation of these Terms.
Either you or swingermatch may terminate your membership at any time, for any
reason, effective upon sending written notice to the other party. All
membership fees paid are nonrefundable. We reserve the right to immediately
suspend or terminate your access to the Service, without notice, upon any
breach of this Agreement by you which is brought to our attention.
Your membership in the Service is for your sole, personal use. You may not
authorize others to use your membership, and you may not assign or otherwise
transfer your account to any other person or entity.
USERNAME AND PASSWORD. As part of the registration process, you will be asked
to select a username and password. We may refuse to grant any username that
impersonates someone else, is or may be illegal, is or may be protected by
trademark or other proprietary rights law, is vulgar or otherwise offensive, or
may cause confusion, as we determine in our sole discretion. You are
responsible for the confidentiality and use of your username and password and
agree not to transfer or resell your use of or access to the Site to any third
party. If you have reason to believe that your account is no longer secure, you
must promptly change your password by updating your account information,
available at the 'My Settings’ Page after logging on to swingermatch.com, and
immediately notify us by emailing us at support@swingermatch.com. YOU ARE
SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND
PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you publish or
display (hereinafter, "post") on the Service, or transmit to other
Members.
You will not post on the Service, or transmit to other Members or employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive sexually
oriented, threatening, harassing, racially offensive, or illegal material, or
any material that infringes or violates another party's rights (including, but
not limited to, intellectual property rights, and rights of privacy and
publicity). Please notify us by writing to (WhatBox, LLC d/b/a Swingermatch.com,
4009 Old Denton Rd., #114-305, Carrollton, TX 75370, USA) or by sending an email
to support@swingermatch.com of any material contained in the Service that you
believe infringes these rules.
You will use the Service in a manner consistent with any and all applicable
laws and regulations. You will not include in your profile any telephone
numbers, street addresses, last names, URLs, email addresses, offensive
anatomical or sexual references, or offensive sexually suggestive or
connotative language, or any confidential information of any third person, and
you will not post any photographs or other images containing such personal
information. Swingermatch.com reserves the right, but has no obligation, to
reject any profile or photograph or image that does not comply with these
prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will 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, spam or junk email to other Members.
You will not express or imply that any statements you make are endorsed by us,
without our specific prior written consent.
You will not harvest or collect personal information about other Members
whether or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure or
presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights
notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the servers
or networks connected to the Services or the Site.
You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment. Please notify us by writing to
(WhatBox, LLC d/b/a/ Swingermatch.com, 4009 Old Denton Road #114-305,
Carrollton, TX 75007, USA)
You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site,
without our prior written authorization. You also shall not use metatags or
code or other devices containing any reference to Swingermatch.com or the
Service or the Site in order to direct any person to any other Web site for any
purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Site or any
software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members.
Swingermatch.com reserves the right, but has no obligation, to monitor disputes
between you and other Members.
We do not exclude any liability for death or personal injury due to our
negligence.
INDEMNITY BY MEMBER. You agree to indemnify, defend and hold us, our officers,
directors, employees, agents and representatives harmless from and against any
and all claims, damages, losses, liabilities, costs (including reasonable
attorneys' fees) or other expenses that arise directly or indirectly out of or
from (i) your breach of this Agreement; (ii) any allegation that any materials
that you submit to us or transmit to the Site infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or other
rights of any third party; and/or (iii) your activities in connection with the
Site. This indemnity shall be applicable without regard to the negligence of
any party, including any indemnified person.
ONLINE CONTENT. Opinions, advice, statements, offers or other information or
content made available through the Service are those of their respective
Member-author and not of Swingermatch.com, and should not necessarily be relied
upon. Such Members are solely responsible for such content. Swingermatch.com
does not guarantee the accuracy, completeness or usefulness of any information
on the Service and neither adopts nor endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made. Under no
circumstances will Swingermatch.com be responsible for any loss or damage
resulting from anyone's reliance on information or other content posted on the
Service or transmitted to Members.
The Site may contain links to other Internet Web sites or resources. We neither
control nor endorse such other Web sites, nor have we reviewed any content that
appears on such other Web sites. You acknowledge and agree that we shall not be
held responsible for the legality, accuracy or inappropriate nature of any
content, advertising, products, services or information located on or through
any other Web sites or for the operation or policies of any such websites, nor
for any loss or damages caused or alleged to have been caused by the use of or
reliance on any such websites or such content or other information.
We do not exclude any liability for death or personal injury due to our
negligence.
WARNING - PLEASE READ: It is possible that other Members or users (including
unauthorized users, or "hackers") may post or transmit offensive or
obscene materials on the Service and that you may be involuntarily exposed to
such offensive and obscene materials. It also is possible for others to obtain
personal information about you due to your use of the Service, and that the
recipient may use such information to harass or injure you. Swingermatch.com is
not responsible for the use of any personal information that you may choose to
disclose on the Service. Please carefully select the type of information that
you post on the Service or release to others.
Swingermatch.com reserves the right, but has no obligation, to monitor the
materials posted in any area of the Service. Swingermatch.com shall have the
right but not the obligation to remove any such material that violates, or is
alleged to violate, the law or this Agreement. Notwithstanding this right of
Swingermatch.com, you remain solely responsible for the content of the
materials you post in any area of the Service and your private email messages.
Emails sent between you and other Members that are not readily accessible to
the general public will be treated as private by Swingermatch.com to the extent
required by applicable law and pursuant to the commercially reasonable efforts
of Swingermatch.com.
We do not exclude any liability for death or personal injury due to our
negligence.
PROPRIETARY RIGHTS. Swingermatch.com owns and retains other proprietary rights
in the Services and the Site. The Services and the Site contain the copyrighted
material, trademarks and other proprietary information and software of
Swingermatch.com and its licensors. In addition, other Members may post
copyrighted information, which has copyright protection whether or not it is
identified as copyrighted. Except for that information which is in the public
domain or for which you have been given permission, you will not copy, modify,
publish, transmit, distribute, perform, display or sell any such proprietary
information.
By posting information or content to any area of Swingermatch.com, you
automatically grant, and you represent and warrant that you have the right to
grant, to Swingermatch.com and other Members an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform, display and
distribute such information and content and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and
authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER. We will respect your personal information and
undertake to comply with all applicable data protection legislation in the UK
and other jurisdictions in which we offer the Service, subject to the Privacy
Policy of Swingermatch.com.
The personal information (including sensitive personal information) you provide
to us will be stored on computer. You consent to us using this information to
build up a profile of interests, preferences and browsing patterns and to allow
you to participate in the Swingermatch.com Service. All Members also agree to
uphold and maintain our Privacy Policy and to the terms and conditions thereof.
You may read a full description of our Privacy Policy at
http://www.swingermatch.com/privacy.asp
DISCLAIMER OF WARRANTY. SWINGERMATCH.COM PROVIDES THE SERVICE AND THE SITE ON
AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH SWINGERMATCH.COM OR ITS
REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE.
SWINGERMATCH.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
SWINGERMATCH.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL
BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR
REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
SWINGERMATCH.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT
TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION
IN TELEPHONE OR OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL SWINGERMATCH.COM BE LIABLE (i) TO YOU
FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF SWINGERMATCH.COM OR ITS
AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY
PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL
EVENTS SWINGERMATCH.COM'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 SWINGERMATCH.COM FOR THE SERVICE DURING THE TERM
OF MEMBERSHIP.
In addition, Swingermatch.com disclaims all liability, regardless of the form
of action, for the acts or omissions of other Members or users (including
unauthorized users, or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers and
limitations of liability so the above disclaimers of warranty and limitations
of liability may not apply to you.
We do not exclude any liability for death or personal injury due to our
negligence.
COPYRIGHT POLICY. We respect the intellectual property of others, and we ask
our Members to do the same. If you believe that a copy of your work is
available on the Service without your consent or that a copyright infringement
has otherwise occurred, please supply us with the following information:
· A description of the copyrighted work that you claim has been infringed;
· Details of where the infringing material is located on the Site;
· Your address, telephone number and email address;
· A statement by you that you believe in good faith that the use of the work on
the Site is not authorized by the copyright owner or any person entitled to act
on their behalf or by law; and
· An affidavit executed by you that the information you provide concerning the
copyright infringed is accurate and that you are the copyright owner authorized
to act on their behalf.
Please deliver this information to: (Swingermatch.com, PO Box 701438, Dallas,
TX 75370, USA)
COMPLAINTS. To resolve a complaint regarding the Service or the Site, you
should contact Swingermatch.com Customer Support at feedback@swingermatch.com
TRADEMARK NOTICES. Swingermatch.com is the trademark of WhatBox, LLC. All other trademarks, logos, service marks,
company or product names set forth in this Website are the property of their
respective owners.
GENERAL PROVISIONS. This Agreement with you, set out in these Member Terms and
Conditions, is governed by English law and you and we submit to the
non-exclusive jurisdiction of the English Courts in the event of any dispute
regarding these Terms or the Service or the Site or any matter related thereto.
This Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded.
This Agreement, accepted by you upon registering for the Service, contains the
entire agreement between you and Swingermatch.com regarding the Service and the
Site, including the Swingermatch.com Privacy Policy. In the event of any
conflict between the Privacy Policy and this Agreement, this Agreement shall
control. Unless otherwise explicitly stated, the Terms will survive termination
of your membership to the Service. This agreement shall terminate immediately
and without notice if you breach any of the Terms, subject to the survival of
all rights and reservations of Swingermatch.com. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
The Member certifies that the
Member has read and agrees to be bound by these
Swingermatch.com Member Terms and
Conditions.
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