Terms
Terms
This YourSwingingNeighbors.com Website Agreement (the "Agreement") is between you and the Swinging Neighbors Network LLC ("Company"). Use of the YourSwingingNeighbors.com Website (the "Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement.
Eligibility Statement
By using and/or viewing this Site you represent and warrant the following:
i) That you are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority).
ii) That you WILL not use the Site to solicit sex for money (prostitution). Non adherence to this will result in immediate notification to local law enforcement agents and permanent ban from the Site.
iii) That any content (photos, stories, videos, blogs, forums) submitted to the Site will NOT be of or about children under the age of 18 or the age of majority in your location.
iii) That you will not permit any person(s) under 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials contained within this Site.
iv) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so because you want to view, read and/or hear the various materials which are available for your own personal enjoyment, information and/or education. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards.
v) That you represent and warrant that you have not and will not use and/or view the Site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
vi) That if you are a police officer, government investigator or agent of any kind, you are registering as a Member, using the Site, and are present at any YourSwingingNeighbors event only in your private, individual capacity.
vii) That if you are a member of the press (including television & radio), you are registering as a Member, using the Site, and are present at any YourSwingingNeighbors event only in your private, individual capacity.
End of Eligibility Statement
1. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Site, please exit now.
2. Company may monitor your use of this Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site to local or federal law enforcement for any lawful reason or purpose.
3. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Site.
4. The Site is protected under U.S copyright laws. The copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site are only for your personal, non-commercial use only. All materials contained on the Site are protected by copyright, are owned or controlled by Company or the party credited as the provider of the content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual content's copyright notice. Failure to abide will result in immediate dismissal from the Site.
5. If you believe that specific content on the Site infringes upon your copyrighted materials, notify the Company. You will then be contacted by the Company’s legal agent.
6. At any time the Company may discontinue, suspend or change the Site or any part of the site without notice. The Company may suspend or discontinue, or restrict your access to the entire Site or parts of the Site without notice or liability.
7. The Site contains links and pointers to other sites, resources, and sponsors of the Site. Links to and from Site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. All links are at your own risk.
8. All information submitted on the Site by its members is solely the responsibility of the posting member. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
9. The Company does not and cannot review all materials posted to the Site by users, and the Company is not responsible for any such materials posted by users. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that, in the Company's sole discretion, are objectionable or in violation of this Agreement.
10. THE SITE, AND ANY MATERIALS PROVIDED BY YOUR SWINGING NEIGHBORS.COM OR THIRD PARTIES, ARE PROVIDED “AS IS.” YOUR SWINGING NEIGHBORS.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. SUMMIT SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, INCLUDING LOSS OF PROFITS, OR OTHER LOSS INCURRED IN CONNECTION WITH THE USE OF THE SITE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY YOUR SWINGING NEIGHBORS.COM OR THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF SUMMIT HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTWITHSTANDING THE ANYTHING HEREIN TO THE CONTRARY, YOUR SWINGING NEIGHBORS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO YOUR SWINGING NEIGHBORS FOR THE USE OF THE SITE DURING THE TERM OF YOUR MEMBERSHIP.
11. The posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
12. All interactions with Your Swinging Neighbors.com are your responsibility. The Company does not screen members or verify statements made by its members in any way. You maintain sole responsibility for your interactions with Your Swinging Neighbors.com members. The Company makes no representations or warranties of any kind as to the conduct of members.
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 WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SITE OR PERSONS YOU MEET THROUGH THIS SITE.
13. You hereby agree to indemnify, defend and hold the Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.
14. Your membership can be cancelled at your discretion at anytime simply by emailing admin@yourswingingneighbors.com. The Company may choose to terminate your membership at anytime and without liability for reasons detrimental to the Site including advertising other competing Websites.
15. THIS AGREEMENT IS GOVERNED BY THE STATE OF ARKANSAS AND THE COUNTY OF WASHINGTON. ANY AND ALL JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF ARKANSAS.
16. This Agreement constitutes the entire agreement between the Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.


