WARNING: This Site
Contains Adult Material Of An Explicit Nature
You must be at least
18 years old to register on swinger-personals.co.uk
Access by any one under
the age of 18 is strictly prohibited.
Terms and Conditions
for access to Swinger Personals
Please
read these terms and conditions carefully, they contain important information
about your rights and obligations. You can print out these terms and
conditions by clicking on the print icon on your browser.
You may not post any naked photographs
where the person appears to be under the age of 18. Members are also
governed by the laws of their country and must not enter into any act
which would be considered illegal by such laws.
You may not permit any party to appear
on the webcams who appear to be under the age of 18.
We will remove without reservation
if we believe the photograph is unlawful or the we have reasonable grounds
to believe the person is under 18.
We reserve the right to remove the
photographs and ban you from the service.
Respect others and
act within the Law at all times :
We encourage everyone
to treat each other respectfully. Do not use the website to threaten,
harass, stalk, or abuse others participating in any of our Service.
Refrain from all expressions of bigotry, racism, and homophobia,
You may not redistribute
images, photos or any personal data that you have found, copied or downloaded
from our website. We reserve the right to remove any photographs uploaded
without any explanation.
You cannot use the Services to publish,
post, distribute, or disseminate defamatory, infringing, obscene, or
other unlawful material or information.
Members who wish to post naked photographs of themselves must be over
the age of 18.
1. Introduction
1.2 By clicking on the ‘I Accept’
button at the bottom of these terms and conditions and subscribing you
agree to be legally bound by these terms and conditions as they may
be modified and posted on our website from time to time.
1.3 If you do not wish to be bound
by these terms and conditions then please leave the website immediately.
2. Nature of our website
2.1 Swinger Personals
is a website dedicated to swinging. It is completely free to register
as a member of this site. On this site you’ll find a photo ads system,
a forum message board, web cams, a live chat room, swinging advice and
information on all matters relating to swingers across the UK.
Please note that our website
is available only to individuals that can form legally binding contracts
under applicable law. The contents of our website are aimed at users
above 18 years old. If you do not qualify, click here to leave
our website now.
2.2 We cannot guarantee that each
member is 18 years old. To use any of the advanced features on the site
( which require payment) you must verify your age by secondary means.
3. Conditions of access to the online
service
3.1 Subscription to Swinger Personals
is free. Payment is required when you wish to upgrade your account and
have unrestricted access to the whole site. When we accept your details
we grant you a non-exclusive, non-transferable licence to use the Service.
This licence to use the Service (‘Materials’) is granted on the
terms and conditions of this Agreement.
(i) download, store, reproduce,
transmit, display, copy, distribute or use Materials other than in accordance
with sub-clause 3.3(a) above;
(ii) sub-license, rent, lease,
transfer or attempt to assign the rights in the Materials to any other
person;
(vi) You accept that are responsible
for the confidentiality and use of your username and password, and agree
not to transfer or re-sell your account to any third party. If you believe
your account is no longer secure you must immediately change your password,
which can be done in the 'your profile' section.
3.4 The Materials are presented solely
for your private, personal and non-commercial use, and may not be re-sold.
4. Payment
4.1 To access the Service we require
payment by credit/debit card, cheque or postal order. There is a one
off payment for your annual subscription or you can pay on a monthly
basis.
Important information regarding
billing
4.2 Annual Payment
On subscription your card is debited
the full subscription fee. It will not be debited again until renewal
is required.
4.3 Monthly Payment
4.3.1 If you upgrade to a monthly
payment package, a payment will be debited from your account each month
until you cancel your account. Please note that if you cancel
the subscription service and you are a monthly subscriber you MUST first
cancel the payment before cancelling the service. Failure to do so will
result in your account continuing to be charged and there will be no
right to a cancellation fee.
To
see how you can cancel your monthly subscription please click here………….
Once cancelled your credit card will not be automatically
debited to renew your membership, your account will simply downgrade
until you make another payment if you so wish.
4.4 Swinger Personals is entitled
to refuse any subscription request placed by you. If your subscription
request is accepted, we will confirm acceptance to you by online electronic
means (‘Confirmation’) to the e-mail address you have given us on
registration.
4.5 You undertake that all details
you provide to us for the purpose of subscribing to the Service will
be correct, that the credit or debit card, which you use is your own
and that there are sufficient funds or credit facilities to cover the
cost of any subscription. We reserve the right to obtain validation
of your credit or debit card details before providing you with any Service.
4.6 PLEASE NOTE THAT THERE WILL
BE NO REFUND OF ANY SUBSCRIPTION FEES ONCE YOU SUBSCRIBE TO THE SERVICE.
5. Warranties and returns
5.2 If you have any complaints, you
should direct them to us via e-mail we will respond within 48 hours.
5.3 You warrant that at all times
you will comply with the Acceptable Use Policy and Chat rules. These
can be found on the website on entry to the service.
6. Modifications to the online service
We reserve the right to make changes
or corrections, alter, suspend or discontinue any aspect of the Service,
including your access to it. Unless explicitly stated to the contrary
any new features will be subject to these terms and conditions. Please
note that although we try to ensure that the content of our website
and/or the Service is accurate, it our website and/or the Service may
contain typographical errors or other inaccuracies.
7. Information you provide
7.1 The following applies to any
information you provide to us, for example, during any registration
or subscription process:
l You authorise us to use, store
or otherwise process any personal information which relates to and/or
identifies you, including, but not limited to, your name and address,
to the extent reasonably necessary to provide the service which are
available through our website by us.
l You must ensure that the Personal
Information you provide is accurate and complete and that all registration
details where applicable contain your correct name, address and other
requested details. For more information about how we deal with your
Personal Information, please read our privacy policy.
7.3 Please note your
information will NEVER be used by sold to third party unless the business
is sold. We will never use any information you give us for anything
other than for administration purposes, helping you to make the most
of it. Access to your photographs and to the forum sections of the website
can be controlled by you. This will ensure anonymity. We advise you
to set up your controls to ensure no one spam your e-mail address.
7.4 We do use cookies.
Please see our privacy policy on this. In short cookies are used to
provide anonymous statistics on webtraffic to our website.
8. Security
You are solely responsible in all
respects for all use of and for protecting the confidentiality of any
username, e-mail verification and password that may be given to you
or selected by you for access to the Service. You may not share these
with or transfer them to any third parties. You must notify us immediately
of any unauthorised use of them or any other breach of security regarding
our website that comes to your attention.
9. Applicability of online materials
9.1 Our website is controlled and
operated by us from our offices in the UK. Where Materials published
in the Service are supplied by third parties, you understand that we
do not control or endorse their contents in any way. All Materials which
are offered by third parties, are published in good faith but we do
not (to the extent permitted by applicable law) accept responsibility
for the accuracy or otherwise of those Materials (on or off-line) and
the use of those Materials. You assume total responsibility and risk
for your use of the Materials and the Service.
9.2 We have used our best endeavours
to ensure that all Materials comply with UK laws. However, we make no
representations that the Materials and the Service are appropriate or
available for use in locations outside the UK. Those who visit our website
from other locations do so on their own initiative and are responsible
for compliance with all applicable laws. If use of our website and/or
viewing of it, or use of any material or content on our website or services,
or products offered through our website are contrary to or infringe
any applicable law in your jurisdiction(s), you are not authorised to
view or use our website and you must exit immediately.
9.3 We make no warranties, express
or implied that making the Materials and the Service available in any
particular jurisdiction outside the UK is permitted under any applicable
non-UK laws or regulations. Accordingly, if making the Service, the
Materials or any part available in your jurisdiction or to you (by reason
of nationality, residence or otherwise) is prohibited, the Service or
the relevant Materials are not offered for subscription by you. You
accept that if you are resident outside the UK, you must satisfy yourself
that you are lawfully able to subscribe to the Service. We accept no
liability, to the extent permitted by applicable law, for any costs,
losses or damages resulting from or related to the access or attempted
access of the Service by persons in jurisdictions outside the UK or
who are nominees of or trustees for citizens, residents or nationals
of other countries.
10. Copyright and monitoring
10.1 The contents of the Service
are protected by international copyright laws and other intellectual
property rights. The owner of these rights is Swinger Personals, our affiliates
or other third party licensors. All product and company names and logos
contained within our website or the Service are the trade marks, service
marks or trading names of their respective owners, including us.
11. Linked websites
We make no representations whatsoever
about any other websites which you may access through the Service. When
you access any other website you understand that it is independent from
us and that we have no control over the content or availability of that
website. In addition, a link to any other website does not mean that
we endorse or accepts any responsibility for the content, or the use
of, such a website and shall not be liable for any loss or damage caused
or alleged to be caused by or in connection with use of or reliance
on any content, goods or services available on or through any other
web or resource. Any concerns regarding any external link should be
directed to its website administrator or web master.
12. Availability of the online service
We will try to make the Service
available but cannot guarantee that the Service will operate continuously
or without interruptions or be error free and can accept no liability
for its unavailability. You must not attempt to interfere with the proper
working of the Service and, in particular, you must not attempt
to circumvent security, tamper with, hack into, or otherwise disrupt
any computer system, server, website, router or any other Internet connected
device.
13. Liability
13.1 We exclude all express or implied
terms, conditions, warranties, representations or endorsements whatsoever
with regard to the Materials, the Service, our website or any information
or service provided through our website.
13.2 We accept no liability for any
indirect or consequential loss or damage, or for any loss of data, profit,
revenue or business (whether direct or indirect) in each case, however
caused, even if foreseeable. In circumstances where you suffer loss
or damage arising out of or in connection with the viewing, use or performance
of the Service or the Materials, we accept no liability for this loss
or damage whether due to inaccuracy, error, omission or any other cause
and whether on the part of us or our servants, agents or any other person
or entity.
13.3 The limitations and exclusions
in this condition do not affect your non-excludable statutory rights
only apply to the extent permitted by applicable law.
14. General
14.1 We may assign, transfer, novate
or subcontract any or all of our rights and obligations under these
terms and conditions at any time.
14.2 We may alter these terms and
conditions from time to time and post the new version on our website,
following which all use of the Service will be governed by that version.
14.3 These terms and conditions together
with the privacy policy, the subscription request form and payment method
instructions, if any, are the whole agreement between you and us. You
acknowledge that you have not entered into this agreement in reliance
upon any statement, warranty or representation made by us and or any
other person and you irrevocably and unconditionally waive any rights
to claim damages and/or to rescind these terms and conditions by reason
of any misrepresentation (other than a fraudulent misrepresentation)
that is not contained in the terms and conditions, privacy policy, order
form and payment method instructions.
14.4 If any provision or term of
these terms and conditions shall become or be declared illegal, invalid
or unenforceable for any reason whatsoever, such term or provision shall
be divisible from the other terms and conditions and shall be deemed
to be deleted from them.
14.5 These terms and conditions and
your use of our website are governed by English law and you submit to
the non-exclusive jurisdiction of the English court.
14.6 Except in respect of a payment
obligation, neither you nor Company Name will be held liable for any
failure to perform any obligation to the other due to causes beyond
your or our respective reasonable control.
14.7 Failure or delay by either party
enforcing an obligation or exercising a right under these terms and
conditions does not constitute a waiver of that right or remedy.
14.8 These terms and conditions do
not confer any rights on any person or party (other than you and/or
us) pursuant to the Contracts (Rights of Third Parties) Act 1999.]
15. Replacement
These terms and conditions replace
all other terms and conditions previously applicable to the provision
of the Service.