THIS
SITE IS INTENDED FOR ADULTS ONLY PLEASE READ TERMS OF SERVICE BELOW,
people who are at least 18 years of age, who are interested in and
wish to have access to visual images, verbal descriptions and audio
sounds of a sexually oriented, frankly erotic nature. The materials,
which are available in GetSwinging.net, may include graphic visual
depictions and descriptions of nudity and sexual activity and should
NOT be accessed by anyone younger than 18 years old or who does
not wish to be exposed to this type of material. By entering this
web site you are agreeing to the following statements: 1. Under
penalty of perjury, I swear/affirm that as of this moment I am an
adult of at least 18 years of age. 2. I agree that GetSwinging.net
has the right to use any materials including text, photo files,
audio files, video files, or any other personal or non-personal
data submitted to GetSwinging.net on the Internet for as long as
GetSwinging.net remains in operation. 3. I swear/affirm that I will
not permit anyone under the age of 18 to have access to any of the
materials contained within this site. I understand that when I gain
access to GetSwinging.net, I will be exposed to visual images, verbal
descriptions and audio sounds of a sexually oriented, frankly erotic
nature, which may also include graphic visual depictions and descriptions
of nudity and sexual activity. I am voluntarily doing so because
I want to view, read and/or hear the various materials, which are
available, for my own personal enjoyment, information and/or education.
My choice a manifestation of my interest in sexual matters, which
I believe to be both healthy and normal. 4. I am familiar with the
standards in my community regarding the acceptance of such sexually
explicit material. The materials I expect to encounter at GetSwinging.net
are within those standards. In my sound judgment, the average adult
in my community accepts the consumption of such materials by willing
adults in circumstances such as this which offer reasonable insulation
from the material for minors and unwilling adults, and will not
find such materials to appeal to a prurient interest or to be patently
offensive. 5. I agree that user interaction on GetSwinging.net is
for entertainment value only and I agree that I will not hold GetSwinging.net
liable for any negative consequences that may arise as a direct
or indirect result of from such interaction. I understand that GetSwinging.net,
its shareholders, employees, and agents make no warranties and have
not validated any of the user information represented at GetSwinging.net
I also understand that, from time to time, GetSwinging.net employees
reserve the right to interact with the GetSwinging.net online community,
as they see fit, to maintain healthy levels of activity for the
users and members of GetSwinging.net, under their respected pseudonyms.
I also understand that this activity is for entertainment value
only. 7. I understand and agree that my access to GetSwinging.net
can be cancelled at any time at the discretion of the GetSwinging.net
staff in order to maintain a friendly, non-hostile, and positive
online community. 8. I understand that I will be subject to any
rules posted by GetSwinging.net I also understand that my continued
use of the service following the posting of any changes to these
terms and rules will mean your acceptance of the changes. 9. All
models featured on this site are at least 18 years of age. All content
featured on this site is in compliance with 18 USC 2257.
1.
YOU ALSO AGREE TO THE FOLLOWING
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself. Such
information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, GetSwinging.net has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, GetSwinging.net has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof). GetSwinging.net is concerned about the safety
and privacy of all its users.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify GetSwinging.net of any unauthorized use of
your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. GetSwinging.net
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
4. MEMBER CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not GetSwinging.net, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the
Service. GetSwinging.net does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you
may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will GetSwinging.net be liable in any way for
any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You
agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tort , defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
b.
impersonate any person or entity, including, but not limited to, a GetSwinging.net
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose.
h.
upload, post, email, transmit or otherwise make available 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;
i.
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j.
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
k.
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You
acknowledge that GetSwinging.net does not pre-screen Content, but that
GetSwinging.net and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing, GetSwinging.net
and its designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content
created by GetSwinging.net or submitted to GetSwinging.net, including
without limitation all other parts of the Service.
You
acknowledge and agree that GetSwing.com may preserve Content and may
also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of GetSwinging.net,
its users and the public.
You
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
GetSwinging.net
does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the
Service, you grant GetSwinging.net the following world-wide, royalty
free and non-exclusive license(s), as applicable:
7. INDEMNITY
You
agree to indemnify and hold GetSwinging.net, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
8. NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
9. MODIFICATIONS TO SERVICE
GetSwinging.net
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that GetSwinging.net shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.
10. LINKS
The
Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because GetSwinging.net has no control
over such sites and resources, you acknowledge and agree that GetSwinging.net
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that GetSwinging.net
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
11. DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. GetSwinging.net
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
GetSwinging.net MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
GetSwinging.net OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT GetSwinging.net SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GetSwinging.net
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
14. NOTICE
Notices
to you may be made via either email. The Service may also provide notices
of changes to the TOS or other matters by displaying notices or links
to notices to you generally on the Service.
15. TRADEMARK INFORMATION
Your
agree not to use in any form GetSwinging.net trademarks and service
marks, and other GetSwinging.net logos, products, services and names
are trademarks of GetSwinging.net Interactive. Without GetSwinging.net
prior permission,
The
TOS constitute the entire agreement between you and GetSwinging.net
and govern your use of the Service, superceding any prior agreements
between you and GetSwinging.net You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and GetSwinging.net shall be governed by the laws of the
State of Nebraska without regard to its conflict of law provisions.
You and GetSwinging.net agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Lancaster,
Nebraska. The failure of GetSwinging.net to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose
or be forever barred.
The
section titles in the TOS are for convenience only and have no legal
or contractual effect.
|