SwingersPartyClub.com Terms of Service Agreement

LAST UPDATED: 12/15/2014

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You must read and agree to these Terms of Service before you may access, view and/or participate in our website. By visiting this or any Swingers Party Club Website, you are agreeing to its terms of service. This Agreement is subject to change at any time and changes are effective upon posting. Check our “Terms of Service” frequently as it is up to you to refer to this page for any amendments to the original Agreement.

This website contains nudity and depictions of graphic sexual material, including explicit depictions of sexual conduct and other materials for mature adult viewers only. If you are under 18 years of age, if such material offends you or if it’s illegal to view sexual material in your community, do not continue and leave this Website.

This website contains age-restricted materials and ACCESS IS LIMITED TO ADULTS ONLY!
If you are under the age of 18 years, or under the age of majority in the location from where you are accessing this message, you do not have authorization or permission to enter this website or access any of its materials. Consequently if you are under the age of 18 years and proceed further you will be engaged in the unauthorized access of our computers and data and this is considered an infringement of our copyrights. If you are over the age of 18 years or otherwise over the age of majority in the location from which you have accessed this Website and Agree that you wish to view sexually explicit content, you may enter this Website and access our computers and data.

1. Welcome to SwingersPartyClub.com

SwingersPartyClub.com headquartered in LAS VEGAS, NEVADA,  hereinafter referred to as (“Swingers Party Club, SPC, Website or Site”). The Website provides social networking applications and services (“Services”) for individuals and couples that participate and enjoy the Swinging Lifestyle. Content is contributed and viewed by our registered Users (“Members”) and viewable by our Website Visitors (“Viewers”) via our site (“Website” / “Site” / “SPC”).”SPC”, “Website”, “Site,  and “SPC Service” may be referred to as (“we”, “us” or “our”) herein. The following terms and conditions are known as our (“Terms of Service”) and should be read carefully. Our Terms of Service and all other policies located on the Website or made available via our Services regulate your access to and use of our Website and Services, to include all content, information, products and/or services therein.

SPC’s Terms of Service are a legal and binding agreement between you and the SPC and apply to you whether you have an account with the Website or are simply visiting or participating as a “Viewer” of our Website .  In either case you are considered a SPC (“User” collectively “Users”).

BY CLICKING THE “I AGREE” CHECK BOX, OR BY VISITING, USING THE WEBSITE, SERVICES, OR YOUR MEMBERSHIP ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AND FUTURE MODIFICATIONS ADMINISTERED BY SPC OF THE SAME.  IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.

When using the SPC Service, you will be subject to any additional policies or rules applicable to services, applications and/or features (“Policies”). All other unmentioned related Policies are hereby incorporated by reference into these Terms of Service. In the case of any conflict between these Terms of Service and any other document or policy that has been incorporated by reference herein, these Terms of Service shall govern.

SPC reserves the right, at SPC’s sole discretion, to change, modify, add, or remove portions of these Terms of Service and/or Policies at any time, for any reason by amending these Terms of Service or any of the Website Policies. Please review these Terms of Service and any Website Policies periodically for changes. Your use of SPC after any amendment(s) constitutes your binding acceptance of such changes.

2. Eligibility

If you would like to submit content, personal information, view private and/or pay-per-view content, chat or participate in various features of the Website and Services, you will be required to create a SPC Membership account and become a “Member”.  Website Members are referenced as “Members”.  To participate as a Viewer or as a Member of this website you must be at least 18 years of age or older. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you have satisfied our age requirement, and that you are not prohibited by law from using the Site. Membership in the service is void where prohibited.  During the Website registration process you will be required to create a user name and a password.

As a Member, you are responsible and accountable for the security of your password associated with your account and agree not to disclose it to anyone.  You also agree to be solely responsible for actions occurring as a result of any unauthorized use of your password on the Website. If your password has been compromised it is your responsibility to change it immediately.  If any activity has transpired on the Website as a result of the use of an unauthorized password you agree to contact the SPC immediately.  Furthermore, you agree to provide only true and accurate information that is not only up-to-date, but also complete during the Website registration and in all other information fields in the Website.  You accept responsibility for any actions and/or activity that arise as a result of providing or maintaining inaccurate or fraudulent information. You agree that SPC will not be responsible or liable, directly or indirectly, in anyway for any loss or damage of any kind as a result of , or in connection with password security.

As a Member you agree to the use of electronic means to:

a. Complete Terms of Service

b. Receive notice(s) specific to Terms of Service

c. Store records related to Terms of Service, your use of the Website and Services and your communication with the Website.

3. Non-Commercial Use:

This SPC site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this SPC site and shall not use the SPC service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other websites and services in this site’s chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at SPC’s sole discretion. (*Note – Party Hosts and Hostesses that are employing SPC for party planning services will be exempt from number 3 of this agreement, but will be bound by a separate SPC party planning agreement.)

4. Privacy Policy

SPC is dedicated to the protection of the privacy of its Users, Account Holders and Members of the SPC Website Service.

The SPC Privacy Policy is hereby incorporated by reference into these Terms of Service. As a SPC Member or User, you agree to the Website’s collection, use and disclosure of User/Member information that is contained in our Privacy Policy.

5. Closure, Suspension or Modification

SPC at its sole discretion, reserves the right to, at any time and for any reason, modify or terminate the Website and Services, or amend these Terms of Service with no prior notice to Users or Members without liability.  If you do not agree with or are not content with any Terms of Service modifications you may contact the Website at info@swingerspartyclub.com and your communication will be considered.  SPC may contact you and address these revisions.  If the revisions stand your sole remedy will be to stop using the Website and Services and cancel your Site Membership. Should you continue to use the Website you are acknowledging the revised Terms of Service and are thereby agreeing to be bound by them.

SPC, at its sole discretion, may close, restrict or suspend, in whole or in part, your access to the Website and Services at anytime and for any reason. SPC may remove any content from the Website and/or servers and may do so without contacting you.  SPC reserves the right to take any action deemed appropriate or to contact authorities, without notice to you, if there is a suspicion or a determination of, to include but not limited to:

a. non-compliance with these Terms of Service or SPC policies, guidelines or rules and regulations.

b. utilizing the Website or Services for illegal actions.

c. utilizing the Website or Services to cause liabilities, harmful actions, or disruptions of SPC Users, Members, the Website it’s Services and/or others to include individuals or other companies.

You agree to hold SPC harmless and without liability, to include without limitation, any damage and/or loss relating to, but not limited to, deletion of content, loss of web traffic and for all aforementioned actions conducted by SPC referenced in these Terms of Service.

As a Member You may close your SPC Membership account at anytime and for any reason by “Deleting” your account profile, content and information.

Upon closure of a Membership account, SPC will end providing Services to you.  All of your Service entitlements referenced in these Terms of Service will terminate instantly.  You agree that Door is not liable to you or any third party for the cessation of Services or your inability to utilize the Website or Services.  You further agree that SPC has no other obligation to you whatsoever.

If your account is suspended, terminated or willfully canceled by you, this will not affect your obligations to SPC under these Terms of Service, including but not limited to ownership, indemnification and limitation of liability, which you hereby agree will survive such suspension, termination or cancellation.

6. Ownership of Materials

The visual interfaces, text, graphics, design, compilation, information, computer code, products, services, the look and feel of the Website and all other elements to include audible and visual or downloadable materials of the Site and its Services provided by SPC (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for Member Content that is provided and owned by Members, Account Holders and/or Users, all Materials contained on the Website are the property of SPC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SPC or its affiliates and/or third-party licensors. Except as expressly authorized by SPC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. SPC reserves all rights not expressly granted in these Terms of Service.

Subject to your adherence to these Terms of Service SPC hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to utilize the SPC Service for the non-commercial viewing of authorized Member Content.

7. Member Content

“Member Content” is primarily defined as text, photos, streaming or progressive download audio or video content that is either Live or On Demand.  Member Content may be viewed by all SPC Members or Viewers at any time that it is made available by the Member. The SPC Service offers a simple way for its Members to produce, distribute and syndicate it’s Members’ content. You are solely responsible for the content that you upload, publish, stream or display (hereinafter, “post”) on the Website, or transmit to other SPC Members or Viewers. The SPC Service allows its Members to Post Content aggregated into a SPC Membership “Profile” via the SPC Service.  Member Content can be can be offered to SPC Users/Viewers and other Members publicly, privately, free of charge or with associated fees at the SPC’s sole discretion.

The Website Service allows diverse Member Content to be exhibited in the Website and you understand that SPC is not responsible or liable for the truthfulness, integrity, accuracy, safety, license, rights or ownership of Member Content. Furthermore, you understand that some Member Content will be false, crude, offensive, obscene, immoral or shocking and you hereby waive any legal actions against SPC and hold SPC harmless for the same.  SPC does not advocate, endorse or approve Member Content, Members’ opinions, recommendations or theories and repudiates any and all liability with regard to Member Content. You hereby do waive any legal or equitable rights or remedies you may have against SPC with regard to the aforementioned and agree to indemnify and hold SPC, its owners, operators, affiliates, suppliers and licensors harmless regarding all matters relating to your content, Member Content and the utilization of the Website Services. SPC claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity.

As a member and/or participant of this website you have certified that any photos or media submitted and made available as content are of individuals 18 years of age or older and all primary producers have certified that they have complied with 28 C.F.R. 75 and/or you are abiding by or maintaining record keeping requirements of 18 U.S.C. 2257(a)–(c).

8. Content Rights and Ownership

Grant of License – The Website will not acquire ownership rights of the content that you submit.  Though, when you participate with the Website and Services by making your content available on the Website, or by you submitting your content to the Website via any method, to include but not limited to, “Posting”; you hereby formally grant SPC a non-exclusive, royalty free, perpetual and irrevocable right and full license to use, reproduce, modify, make derivative works from, perform, display, publish, syndicate, distribute, broadcast, sub license, and utilize that content in any manner whatsoever, at the sole discretion of SPC.  You represent and warrant, that you have ownership, license(s), right(s) and permission(s) to grant the foregoing licenses to SPC. You understand and acknowledge that SPC will own all rights, title and interest in and to all derivative works of User submitted content or Member Content that is produced by SPC to include worldwide intellectual property rights.  You further agree, upon request, to execute, deliver and/or provide such documents necessary for SPC to benefit from the licenses you’ve granted.

9. Member Disputes

SPC does not solicit or control the information provided by other users that is made available through our system. You may find other Members’ information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a Member profile review by e-mailing us at info@swingerspartyclub.com. You are solely responsible for your interactions with other SPC Members. Because SPC does not involve itself in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the our Website, you release SPC , including its officers, directors, agents, subsidiaries and employees, 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.

10. Prohibited Uses

The Website and Services are to be utilized for lawful purposes only.  You agree to abide by all laws foreign and domestic in your use of the Website and Services.  Furthermore, while accessing or using the Website Services, you agree not to:

  • Add to the Website any Member Content that violates any law, regulation, treaty, or third party right, to include trade secrets, privacy rights, publicity rights or intellectual properties.
  • Publicize false, misleading, defaming or damaging information that may adversely affect SPC or any other party.
  • Submit obscene, threatening, harassing, racially offensive, libelous, content that endorses criminal behavior, or any content that, in SPC’s sole discretion, is inappropriate.
  • Interfere, in anyway, with security features, private or restricted use areas, payment forms, server(s) or copy materials and/or content.
  • Publish any content on the Website that you do not have lawful license or rights to copy, broadcast, transmit, display, stream, e-mail or upload (Post).
  • Make available on the Website; content that you do not have the approval, release, or written agreement of each individual included in the Member Content, to include but not limited to the person’s name, voice, signature, video, photograph(s) or their likeness.
  • Make available on the Website; content that infringes on intellectual property rights, to include but not limited to trademarks, copyrights, patents, trade secrets or publicity rights.
  • Make available on the Website; content that breaches privacy rights.
  • Utilize the Website and Services for unauthorized advertising, solicitation, spam, multilevel marketing, petitions for signatures, charity requests or promotional services.
  • Impersonate others, deceive others with regard to your affiliation(s) with others.
  • Access SPC Service accounts that are not yours without the permission of the account holder “Member”.
  • Misrepresent information associated with Member Content and/or any content linked to the SPC Service.
  • Perform any malicious or fraudulent action(s).
  • Utilize the Website or Services to transmit altered or false source identification information.
  • Engage in malicious actions such as submitting viruses, adware, spyware, worms, computer code, files or programs that interrupt, damage, interact, change or limit the functionality of any computer software, or impede any user, host, network or browser. This would include but not be limited to launching viruses, overloading servers or spamming the Website.
  • Submit content that has concealed computer code covertly enclosed that is extraneous or irrelevant to the submitted Member Content.
  • Cause disruptions or try to disrupt any part of the Website, its Service, its proper workings, or neglect to adhere to SPC polices and regulations.
  • Accumulate Website account holders information.
  • Lease, sell, resell, loan upon, sub license or transfer license made available herein.
  • Utilize the Website or Services outside of what is allowed by these Terms of Service.
  • Remove copyright notices from the Website and/or Member Content.
  • Instigate, encourage or advise others to engage in prohibited uses of the Website and Services and/or defy any provision of these Terms of Service.
  • Utilize any content made available on the Website for purposes other than personal and non-commercial use.
  • Inappropriately use the rating or commenting features on the Website

11. Copyrighted Materials

You hereby agree not to utilize the Website, Services, associated networks, vendors, affiliates or SPC servers to post, broadcast, transmit, connect to, store, host or stream any material that infringes copyrighted works.  You also agree not to violate the intellectual property rights of any third party. SPC will close Member accounts that infringe or that it perceives to be infringing on copyright owners. (Please take time to view our Privacy Policy.)

12. Digital Millennium Copyright Act and Notification Guidelines

12.1 Notification of Copyright Infringement

If you are a copyright owner or an agent thereof, and you believe that any content made available on the Website, and/or any of its affiliate websites, infringes upon your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing SPCs’s Designated Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) to verify requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at that website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SPC to locate the material.
  • Information reasonably sufficient to permit SPC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12.2 Counter-Notification of Copyright Infringement

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C.Section 512(g)(3) to confirm these requirements):

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which SPC may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

13. Continued Copyright Infringement

The SPC reserves the right to terminate, without notice, any User, Account Holder or Member’s access to the Website and Services if they are determined by SPC to be a repeat copyright infringer. (“Repeat Infringer”)

14. Designated Copyright Agent

SPC’s designated copyright agent to receive notifications and counter-notifications of claimed infringement is:

Attn: Copyright Agent
Swingers Party Club
xxxx
Las Vegas, NV 89104
info@swingerspartyclub.com

You accept and acknowledge that if you do not comply with all of the requirements of this section, your DMCA notice may not be valid.

15. User Interaction

You understand and acknowledge that you are solely responsible for any interaction you make with other Website Users, Viewers and/or Members.  SPC does not screen participants of the Website or its Services. SPC hereby disclaims any and all liability to you or any third party relating to any interaction you may have with other Website Members or Viewers.

SPC reserves the right to contact its Members to investigate their cooperation with the policies set forth in these Terms of Service. You will assist SPC by cooperating in any investigation where suspected unlawful, fraudulent or abnormal activity may have occurred.

SPC may, at its sole discretion, review and/or record any communications or broadcasts to include audio, video, images or text that occurs on the Website or Services.

16. Third Parties

The Website and Services will have hyperlinks that will connect you to websites and services that are not owned or operated by SPC.  These third party locations and services will most likely have proprietary terms and conditions but may not.  SPC does not agree with, endorse, recommend or presume safe any such third party entity to include but not limited to, their services, information, materials, products and/or ideas and hereby disclaims any liability associated with the same. You understand and acknowledge that any contact, business or dealings you undertake with any third party you engage as a result of any participation of the Website and/or its Services both purposely or accidental will be at your own risk and solely your responsibility and you will hold SPC harmless for the same.

17. Disclaimer

Any Content on the Website, including and without limitation, materials and Member Content are provided on an “As Is” basis, “As Available” basis without warranty.  When you use the Website, Services, Content, submitted Member Content, you do so at your own risk.  SPC, its officers, employees, contractors, affiliates, agents and licensors make no representation and disclaim any and all warranties of any kind whatsoever with regard to the Website, its Services, associated content and submitted Member Content to you or any other person, including without limitation: warranties of title, merchantability, truthfulness, accuracy, functionality, fitness for a particular purpose, non-infringement of third party intellectual property, non-infringement of proprietary rights, security, timeliness, course of dealing or course of performance.  No advice or information, whether oral or written, obtained by you, SPC or via its Services will create any warranty.  You understand and agree that by using the Website and Services and/or any associated third party website(s) or service(s), you do so at your own discretion and risk; and that you are solely responsible for any loss of data, material, damage to any software or hardware and any hardship that may be associated as a result of the foregoing; and that you hold SPC harmless for the same.  Some states do not allow the exclusion of certain warranties and in such case SPC’s liability in those jurisdictions shall be limited to the extent permitted by the governing law.

18. Limitation of Liability

In no event will SPC, its officers, employees, contractors, affiliates, agents or licensors, be liable to you for any damages whatsoever, including and without limitation, indirect, incidental, special, punitive or consequential damages occurring as a result of or in connection with your use of the Website, Services, Content, submitted Member Content or associated third parties or their services. In no event will SPC’s cumulative liability to you ever exceed $100.

SPC reserves the right to change, remove or terminate any part of the SPC Service or content associated with or on the SPC Service, or to partially suspend, fully suspend or discontinue your use in any way, for any reason and at anytime with no prior notice to you and will remain without liability for any consequences arising out of such actions.  The foregoing limitation of liabilities will always apply regardless of whether or not the suspected liability is based on contract, tort, negligence or any other reason whether any party has been made aware of the potential of such damages.

19. Indemnification

You agree to indemnify, defend and hold harmless SPC, its officers, directors, employees, representatives, affiliates, agents, and assigns, past present and future, from and against any losses, claims, liabilities, damages and expenses to include without limitation any and all legal related fees, costs and/or expenses arising out of or in connection with:

  • your access to the Website and/or its Services, its Content or Submitted Member Content;
  • your violation of these Terms of Service;
  • your misuse of the Website and/or its Services and/or conduct therein;
  • your violation of any third party right, including and without limitation any copyright, intellectual property right, privacy right, publicity, confidentiality, security; or any claim that you or your Member Content caused damage to a third party;
  • your violation of any law.

You acknowledge and agree that SPC reserves the right defend and maintain authority over any matter for which you are required to indemnify SPC, at your expense and furthermore you agree to cooperate with Greeen Door’s defense of any associated claim(s).

20. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SPC without restriction or your consent.

21. Severability and Waiver

If any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.  If SPC does not enforce any right, license or provision of these Terms of Service, this will not be deemed a relinquishment of claim of such right, license or provision.

22. Notice

SPC may provide you with notices or other communication in writing, by e-mail, regular mail, or postings on the Website and the date of receipt of such notice or communication will be the date of transmission, e-mailing, mailing or posting. You may provide SPC notice via e-mail to info@swingerspartyclub.com.

23. Governing Law and Forum

These Terms of Service and the relationship between you and SPC shall be governed and construed in accordance with the laws of the State of Nevada without regard to its conflict of any lawful provisions.  You and SPC agree that any dispute arising out of or relating to these Terms of Service will be subject to the exclusive jurisdiction of the courts located in Clark County, Nevada.

24. Headings

The heading references herein, do not constitute apart of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

25. Force Majeure

SPC is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, computer viruses, denial of service or other malicious attacks, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.

26. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

27. Entire Agreement

This is the entire agreement between you and SPC relating to the subject matter herein “Terms of Service” and these Terms of Service supersede and replace any prior agreements between SPC and you regarding the Website and Services Terms of Service.

28. Feedback and Ideas

SPC welcomes your feedback and ideas as we wish to constantly improve our service for you.  If you would like to submit any feedback or ideas please e-mail us at
info@swingerspartyclub.com. You understand, acknowledge and hereby agree that by submitting ideas to SPC via any method or person you forfeit and transfer all of your rights to any intellectual property rights, title and interested associated with such ideas to SPC and such rights become the property of SPC.

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