Swingee Terms & Conditions

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 completing your application for membership in SWINGEE, you acknowledge that you have read the Terms and Conditions of Membership, and that you accept the terms and conditions contained herein, and agree to comply and abide by them.

Management of SWINGEE reserves the right, at it sole and absolute discretion, to refuse membership to any person, or to terminate any members membership, without notice, for any reason whatsoever, including but not limited to failure of a member to comply with the Terms and Conditions of Membership or violation of the clubs Code of Conduct described below.

CODE OF CONDUCT

embers must at all times conduct their membership activities 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 communications. 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 advertising or other materials for commercial purposes. Members agree to respect the views of all members at all times, and to demonstrate helpfulness and show understanding for the wishes and safety of all members.

ZERO TOLERANCE SPAM POLICY Any unsolicited commercial or promotional messages sent to other members are considered SPAM and will result in immediate account termination. Prohibited activities includes promoting another website (of any type), another club or posting or publishing a party invitation to other than specific members. It is our intention and desire to protect our members from all manner and types of spam.

TERMS AND CONDITIONS

1. The information utilized by the Club is provided solely by the Member, without independent verification by SWINGEE. For that reason, all members acknowledge and agree that the information they provide shall be honest and accurate as to his or her personal details. Each member acknowledges and agrees that any information he or she submits to SWINGEE for publication can be used, unconditionally, by SWINGEE.

2. The membership in SWINGEE is personal and belongs solely to the applicant. The membership is not transferrable. In the situation 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 atiempt 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 practical.

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

5. Membership fees are charged in USD currency and converted into EURO or British Pounds as reflected on our payment page. SWINGEE will try to keep a positive exchange rate for its members. However due to daily currency fluctuations, 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 intermitient problems or interruptions of the service provided by SWINGEE, whether due to problems with SWINGEEs server or software, or whether due to a members hardware or software capabilities.

7. Members acknowledge and agree that they will be solely responsible for their actions and for their own safety, and that they will take all necessary care and due diligence before divulging any private (non-published) information to other parties, 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 conditions of this Membership Agreement, it is your responsibility to report such behavior to SWINGEE management. Upon receiving such notification, SWINGEE will monitor the Email of all of the parties involved. If offensive behavior continues, membership of the offending member(s) will be terminated, at the sole discretion of SWINGEE. Further, if any monitored E-mails contain language involving threats, or any other violations 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 information.

DISCLAIMER: This club 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 this club. 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. 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 information submitted by members which is not for public display.