INTRODUCTION
and AGREEMENT
This service is provided by
Tech-Style ("The Swingers Directory"). This service
provides a forum for people to meet and communicate with
each other online. It is intended only for entertainment
purposes. Nothing in this agreement should be interpreted
as any warranty or other form of guarantee.
This is a contractual agreement
between you and The Swingers Directory. Please read this agreement
carefully. By registering and observing the terms of this
agreement, you become a licensee of The Swingers Directory. The
license issued by The Swingers Directory permits you, the
"Member," to access the The Swingers Directory and the
use of the online facilities. By completing this
registration you agree to be bound by the terms and
conditions of this agreement for as long as you continue
to be a member. If you do not agree to the terms, please
do not register for the The Swingers Directory service. The terms
of this agreement are subject to change by The Swingers Directory
at any time, effective upon notice to you. The Swingers Directory
reserves the right to cancel your license without notice
for any infraction of the agreement on your part or if
any portion of the service provided becomes unlawful.
TERMS
As a Member, you
acknowledge and agree as follows:
Your
membership is for your sole, personal use.
You may not
authorize others to use your membership, and you
may not assign or otherwise transfer your account
to any other person or entity.
You are solely
responsible for the content of information you
publish or display ("post") on the
service or transmit to other Members.
You will not
post or transmit to other Members or Employees
any item that is defamatory, inaccurate, abusive,
obscene, profane, offensive sexually oriented,
threatening, harassing, racially offensive or
illegal, or any material that infringes or
violates another's rights (including but not
limited to intellectual property rights and
rights of privacy and publicity).
You will not
include in your profile any of the
following items:
telephone
numbers
street
addresses
last
names
Commercial
URL's
E-mail
addresses
Any
information that is solicitous of any
type of product or service
You will not
post any photos containing any personal
information.
The Swingers Directory
reserves the right, but has no obligation, to
reject any profile or photo that does not comply
with these prohibitions.
You will not
engage in advertising to or solicitation of other
members to buy or sell any products or services
through the The Swingers Directory service.
You will not
transmit any chain letters or junk E-mail to
other Members.
You will not
post, distribute or reproduce any copyrighted
material, trademarks or other proprietary
information without obtaining the prior consent
of the owner of such proprietary rights.
You are solely
responsible for your own interactions with other
Members.
The Swingers Directory
reserves the right but is under no obligation or
duty to monitor disputes between you and other
Members.
Your usage of
the The Swingers Directory service must be in a manner
consistent with all applicable state and federal
laws and regulations.
The Swingers Directory
makes no representations about anonymity. While
The Swingers Directory strives to maintain security and
control over any member's personal information
that may be procured and accumulated, The Swingers
Directory makes no representation of security nor
guarantees of anonymity. It should be noted
however that; The Swingers Directory does not sell, share,
or trade it's membership list with any other
service or business enterprise. By execution of
this agreement, you hereby waive any claim or
claims that you may have and hold harmless The Swingers
Directory for any revelation of personal
information.
FULL MEMBERS
are responsible for paying periodic subscription
fees according to the then-current billing terms.
Subscription fees are non-refundable. No refund will issued for any cancellations irrespective of the usage on the account. It is the user’s responsibility to cancel before the beginning of next billing period by logging into their online member section. Tech-Style reserves the right to charge members Fees charged to Tech-Style in association with
Non-Payment, Stop Payments, Bad Checks, Charge Backs are the scourge of online companies. If a customer places a charge backs or any other form of non-payment or reversal of payment against us, not only do we lose the money they should have paid for the service or goods provided, but it also costs us a lot of money to process that charge back, and it damages our ability to continue processing credit cards online. This affects all of our good customers.
Non-Payment, Non-Reversal of Chargebacks, Credit Card Charge Backs, disputes, inquiry's or other reverse or no / stop payment by any method may be Treated as Fraud, Reported to Authorities and may be sent to a Collections, Attorneys and Credit Bureau's. When upgrading to Full Member status, you authorize Tech-Style to charge your credit card for paying periodic subscription
fees according to the then-current billing terms, plus all incurred expenses for any stop payment, chargeback, dispute, inquiry, violation of our terms, breach of contract or other. You will also be liable for all incurred costs involved with collecting any payments or balances due. Be advised if you breach our agreement/terms/policies we will pursue you to the full extent of civil and criminal law. Be sure to contact us if you have a problem, this is your full responsibility. Failure to contact us and make contact will breach your agreement and you will be legally liable for all debts incurred and or breach of contract. Further note our privacy policy shall be null & void! We will pass the debt to a collection agency and / or attorney and let them take whatever action they feel is necessary to recover the debt for us.
Subscribership
may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform
The Swingers Directory of the following: dual registration
for services by customer; and apparent breaches
of security, such as loss, theft, or unauthorized
disclosure or use of an ID or password. Until
The Swingers Directory is notified, by electronic or
conventional mail, of a breach in security, the
Subscriber will remain liable for any
unauthorized use of the Service and payment for
the remainder of the membership period current at
the time of the notification. Upon request,
Subscribers will be given access to billing
records that support charges for use of the
Service.
Subscription to the Service may be terminated at any time, and without cause, by The Swingers Directory upon notification by electronic or conventional mail, or by telephone. Subscribers are liable for charges incurred by them until termination of service, this includes the total fee for the remainder of the membership period current at the time cancellation is requested. It is clearly stated on the form where users enter their credit card billing information: "For your convenience your account will automatically be renewed, unless you inform us otherwise." The responsibility to terminate membership is yours. Subscription fees are automatically renewed, and therefore automatically credit card or check debited, at the end of the original term selected, for a like period of time, unless proper notice is received from the Subscriber at least four (4) days prior to renewal. 30 day membership subscriptions are automatically renewed every 30 days at the then-applicable monthly rate. 90 day membership subscriptions are automatically renewed every 90 days at the then-applicable monthly rate. Shorter period "Trial" memberships, are automatically renewed as a 30 day membership at the then-applicable monthly rate upon the expiration of the initial trial period. Such memberships are then renewed accordingly as 30 day period membership subscriptions. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes Tech-Style to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership
Any liability
of The Swingers Directory including without limitation any
failure of performance, error, omission,
interruption, deletion, defect, delay in
operation or transmission, communications line
failure, theft or destruction or unauthorized
access to, alteration of, or use of records,
whether for breach of contract, tortous behavior,
negligence, or under any other cause or action,
shall be strictly limited to the amount paid by
or on behalf of the subscriber to The Swingers Directory
for the preceding 1 month. Some states do not
allow the limitation or exclusion of liability
for incidental or consequential damages, so the
above limitation or exclusion may not apply to
you.
Except for
public domain material and electronic messages,
all material displayed on the Service is
copyrighted by The Swingers Directory and may not be
copied, redistributed, or downloaded, in whole or
in part, without the prior written consent of
Tech Style, unless otherwise clearly stated in
this Agreement.
The Swingers Directory
reserves the right to use as promotional
material, part of or the entirety of any photos,
ads or other graphic and written material
submitted for posting in any area of The Swingers
Directory. No e-mail addresses will be given out in
conjunction with this policy, nor will anyone's
full name be used in any promotional materials.
The Swingers Directory is in no way responsible for the
content of any materials submitted under false
pretenses, and the submittor accepts all legal
responsibility for any actions arising in
response to information or images they supply to
The Swingers Directory.
Except for
public domain material and electronic messages,
all material displayed on the Service is
copyrighted by The Swingers Directory and may not be
copied, redistributed, or downloaded, in whole or
in part, without the prior written consent of
Tech Style, unless otherwise clearly stated in
this Agreement.
You are over
18 years of age (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority).
Your State
and/or governing laws you reside under permits
access to sexually explicit material.
You wish to
view sexually explicit material.
You wish to
electronically transfer sexually explicit data
via the Internet (WWW) to your computer for your
own private use.
You agree to
maintain the supplied Username and Password under
your personal control. You further understand
that said Username and Password may not be passed
to any other person, for any reason, at any time.
No material
will be shown or otherwise presented to any minor
under the age of twenty one or the appropriate
legal age in your community.
All material
is for your own personal entertainment and no
commercial license is granted.
INDEMNITY BY MEMBER
You agree to defend, indemnify,
hold harmless, and reimburse The Swingers Directory, its officers,
directors, employees, agents and third parties, from any
losses, costs, liabilities and expenses – including
The Swingers Directory’s reasonable attorney’s fees
– relating to or arising out of your use and
activities while using the The Swingers Directory service,
including any breach by you of the terms of this
Agreement.
MEMBER COMPLAINT PROCEDURE
To resolve a complaint regarding
the The Swingers Directory service, you should contact The Swingers
Directory’s Support Department at sdadmin@tech-style.net.
MISCELLANEOUS TERMS
The parties to this Agreement agree
that it shall be binding upon them, and their respective
personal representatives, successors and assigns. This
Agreement contains the final agreement between the
parties hereto, and they shall not be bound by any terms,
conditions, oral statements, warranties or
representations not herein contained. The parties
acknowledge that for any jurisdictional issues that may
arise in the interpretation or enforcement of this
Agreement, this Agreement and any negotiations
considering it, occurred via the Internet but were
consemenated in the Commonwealth of Ohio. It is the
parties understanding and intention that this Agreement
shall be construed under the laws of the Commonwealth of
Ohio and that the court system of the Commonwealth of
Ohio shall have exclusive jurisdiction over any
disagreement that may arise during the pendency of this
Agreement, any interpretation of this Agreement, or any
other matter that may arise between the parties.
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