These terms and conditions are governed by and construed in accordance with the laws of England and Wales.
Any dispute you have which relates to these terms and conditions, or your use of Swinging Xtsy (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.
At Swinging Xtsy we endeavour to follow the rules of all countries but as mentioned primarally we are subject to the exclusive jurisdiction of the courts of England and Wales.
As used in this Agreement, the following terms have the respective meanings set forth below:
1.1. “Company” is the exclusive owner and operator of www.swingingxtsy.com (the “Website”, the “Site”, the “Company”, “we”, “us”).
1.2. “Service(s)” refers to your use of the Website for any purpose whatsoever including but not limited to: creating a profile, looking through other people’s profiles, and communicating. The Company may offer additional services or revise any of the Services at its discretion, and this Agreement will apply to all additional Services or revised Services. The Company also reserves the right to cease offering any of the Services.
1.4. “User Content” stands for the material that you publish on the Site or send to other members except for personal contact information (such as telephone number, email Swinging Xtsy, 61 Bridge Street, Kington, HR5 3DJ, password).
1.5. “Swinging Xtsy Website” (the “Network”) stands for the users’ database and messages exchange system.
1.6. “Partner” means a member of the Swinging Xtsy Website who is registered in the Swinging Xtsy Website and who is taking part in the Swinging Xtsy Website through the Partner Pages.
1.7. “Partner Page” stands for the Partner’s web pages or websites being part of the Swinging Xtsy Website, working on its own or in conjunction with Partners of Swinging Xtsy and utilizing the database with information about users.
2. ACCEPTANCE OF TERMS
2.1. This Agreement was last updated on December 26, 2018.
2.3. We reserve the right to modify this Agreement at any time. The modified Agreement will become effective and will apply to your subscription upon our posting it on the Website. Your continued use of our Service after a modification has been posted shall be deemed to constitute acceptance by you of any such modification.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. Monitoring of information. We may use third-party advertising companies to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
3.2. No responsibility. You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
4. RIGHTS AND OBLIGATIONS OF USERS
4.2. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your username and password.
4.3. Code of conduct. You agree to use the Service in accordance with the following Code of Conduct:
You shall keep all information provided to you through the Service as private and confidential and shall not give such information to anyone without the permission of the person who provided it to you.
You shall not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
You shall not forward chain letters through the Service.
You shall not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You shall not post messages, pictures or recordings or use the Service in any way that:
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
- is fraudulent or otherwise unlawful or violates any law.
You shall not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
You shall not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, the Company, its systems, or any other members’ systems in any way.
4.4. Security. You agree to immediately notify the Company of any unauthorized use of your username or password or any unauthorized access to your account. For your own security, it is advisable to log out when you finish each use of the Services, especially if you are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning your username and password.
4.5. Interaction with the Swinging Xtsy Website. By signing up on the Website you agree that the following information about you including but not limited to: photographs, first name, last name, nickname, age, birthdate and other information will be downloaded in the Swinging Xtsy Website. Your login information such as email Swinging Xtsy, 61 Bridge Street, Kington, HR5 3DJ and password will be encrypted by the method of irreversible encryption and only used by the Network to confirm your identity.
By registering with the Website you grant Swinging Xtsy the right to use your User Content as necessary in connection with the provision of the Services including:
- making your profile visible to the users on the Partner Pages (which will substantially increase the reach of your profile and the chances of finding a successful match);
- publishing your profile except for personal contact information (such as telephone number and email Swinging Xtsy, 61 Bridge Street, Kington, HR5 3DJ) on Partner Pages as part of their promotion of the Site;
- making your profile visible to other Users within dating service specific emails (e.g. new local users notification, and so on).
You agree to receive messages from the end users of the Swinging Xtsy Website for the purpose of acquaintance and interpersonal messaging.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON THE USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF THE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF THE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
4.6. Account deletion. If you decide to be removed from the Website, you may delete your account and all information contained in the account including your ID and URL to the profile page. In that case, your photographs, first name, last name, nickname, age and birthdate, and any other information including personal contact information will be deleted from the Website and the Swinging Xtsy database and effectively blocked on the Partner Pages.
4.7. External links. The Service may contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents.
You understand that by using any of the External Links, you may encounter content that may be deemed offensive, indecent, or objectionable, content which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.
You agree to use the External Links at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. It shall be your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
By using External Links, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any External Links or for any other materials, products, or services of third parties.
You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that the Company shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.
4.8. Disclosure by law. You acknowledge and agree that the Company may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Company’s, or a third party’s, rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
5. PAID MEMBERSHIPS AND PAID FEATURES
5.1. You shall pay the admission fee in the amount of xx (xx) £ POUND STERLING to the Company for registration on www.swingingxtsy.com.
5.2. You shall pay monthly association fees in the amount of xx (xx) £ POUND STERLING to the Company for monthly access to www.swingingxtsy.com.
5.3. Both the admission fee and monthly association fees are subject to change upon prior notice from the Company.
6. CLAIMS OF COPYRIGHT INFRINGEMENT
6.1. If you believe that any material or content distributed by the Company constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Website; your Swinging Xtsy, 61 Bridge Street, Kington, HR5 3DJ, telephone number and email Swinging Xtsy, 61 Bridge Street, Kington, HR5 3DJ; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information about you is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7.1. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. You may terminate your account by following these steps: log in to your profile account on the Site, go to Settings and click the link ‘Delete profile permanently’. Alternatively you can send a cancellation request to: The Company, SWINGING XTSY, 61 BRIDGE STREET, KINGTON, HR5 3DJ.
8. CONTACT INFORMATION
The Site and the Service are operated by the Company, whose registered office is SWINGING XTSY, 61 BRIDGE STREET, KINGTON, HR5 3DJ. Communications relating to the Site or Service should be sent to firstname.lastname@example.org
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