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TERMS AND CONDITIONS OF MEMBERSHIP
We provide an online introduction and dating service through the www.swingxtra.co.uk website. The Terms and Conditions of Membership sets out the terms under which the Service is provided to you. By registering with www.swingxtra.co.uk you become a member of the Service.
The Service is being provided to you under the terms and conditions of this agreement and any operating rules, policies, and procedures as currently published on the website by Swingxtra. We reserve the right to change the terms and conditions of this agreement, change the Site (including discontinuing any content on or feature of the site) or change any fees or charges for using the Site at any time. By using the Service, you agree to be bound by all of the terms and conditions of this agreement. If you do not accept all of these terms and conditions, do not continue to use the Service
USE OF THE WEBSITE
To be eligible to use the Service, you must be at least 18 years of age. You must provide certain current, complete, and accurate information about yourself at registration and maintain and update such registration information so that such information remains current, complete and accurate. Swingxtra may refuse to offer its Service to anyone without the need to give any reason and may change its criteria for Membership at any time.
Swingxtra will notify you if you have been accepted and registered as a Member. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, Swingxtra retains the right to terminate your Membership immediately.
PASSWORD AND SECURITY
Access to and use of the Service is through a combination of Screen Name and Password. You are responsible for ensuring that you maintain the confidentiality of your Screen Name and Password and you must not permit any third party to use the Service on your behalf. You agree to immediately notify Swingxtra of any unauthorised use of the Service through your account or any other breach of security known to you.
CHANGES TO THE SERVICE
Swingxtra reserves the right, without liability, to modify or discontinue any part of the Service, temporarily or permanently. Swingxtra will give you the maximum amount of notice of such modification or discontinuance as is practicable in the circumstances. Notice of any changes to the service will be made by Swingxtra posting the changes on this website.
MODIFICATIONS TO TERMS AND CONDITIONS
Swingxtra may change the terms and conditions from time to time. Swingxtra will post the amended terms and conditions on the www.swingxtra.co.uk website upon any such change. The amendments automatically become effective immediately after they are initially posted on this website and any use of the Service occurring after such date is subject to the amendments. Your continued use of the Service after the posting of the amended terms and conditions on the website constitutes your acknowledgement of the terms and conditions and its modifications and agreement to abide by and be bound by the agreement, as amended. The terms and conditions of this agreement may not otherwise be amended, except in writing signed by both parties.
RIGHTS
Content presented to you as part of the Service is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use this Content as expressly authorised by Swingxtra. These terms and conditions do not transfer any right, title, or interest in the Service or the Content to you and you may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorised to do so by Swingxtra.
You hereby irrevocably grant to Swingxtra all such rights in any content that you place on this website as shall be necessary for Swingxtra to provide the Service to its Members.
In connection with User Video Submissions, you agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Swingxtra all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Swingxtra or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (4) post advertisements or solicitations of business: (5) impersonate another person.
CONDUCT
You are solely responsible for the actions of anyone using any Username provided to you and the content of your transmissions through the Service. You agree to abide by all applicable laws and regulations in your use of the Service including, without limitation, the Data Protection Act 1998. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the Service for illegal or immoral purposes and to comply with all regulations, policies and procedures of networks connected to the Service.
You agree not to publish, post, promote or otherwise transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You agree not to transmit or post any material that is defamatory, libelous or slanderous or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.
You agree not to publish, post or promote any telephone number, e-mail address or website address in your profile on the site belonging to you or any 3rd party. Under the terms and conditions of this agreement you agree not to use the Service to promote another service, site and/or business or solicit other Members' business or buy or sell products and/or services.
Swingxtra does not endorse the content of any Member postings or data nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of this website.
Under these terms and conditions you agree not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. You agree not to interfere or disrupt networks connected to the Service. Under these terms and conditions you must not use any device, software or routine to attempt to interfere with the proper functioning of this website. Under these terms and conditions, you agree not to take any action that imposes an unreasonable or disproportionately large load on Swingxtra's infrastructure.
In the event that you post or make accessible communications or other materials that infringe the copyright of a third party, Swingxtra may immediately terminate your access to the Service.
Swingxtra may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform with any provision of this Membership Agreement.
You acknowledge and accept that any details posted by you on the Service will be displayed on this website and will therefore be accessible by other Members. Swingxtra have no control over the quality, compatibility or safety of the Members; or of the truthfulness, accuracy or completeness of any posting on this website. Because Swingxtra does not review the substance of the postings on this website, you must be careful in dealing with other Members to recognise the possibility that other Members' information may, despite the prohibitions set out in these terms and conditions, be inaccurate or deceptive.
DISCLAIMER
Swingxtra does not guarantee that the Service will be uninterrupted, timely, secure, or error free. Because Swingxtra is not involved in Member-to-Member dealings Swingxtra makes no warranty regarding the results that may be obtained from the use of the Service, the suitability of any dates or the accuracy or reliability of any content or information obtained through the Service.
Swingxtra will not be held responsible for the activity at any dogging site, hotel, swinger resort, event or club listed on our site. We do not rate any hotels, dogging sites swinging clubs, swinger events, swinger’s location or swinger’s premises, or any parties. Nor do we intend to. It is highly recommended that any individual takes the time to find out more information about any of these listings before engaging in any contact or business with any member that has posted an invitation to any kind of party or gathering on the Swingxtra site.
MEDICAL DISCLAIMER
In certain sections of the Agony Aunt Advice Area that deal with health, medical related issues or personal problems. Please note that such Agony Aunt Advice Area is not intended to create any physician-patient relationship or supplant any in-person medical consultation or examination. Always seek the advice of a trained health professional with any questions you may have regarding a medical condition and before seeking any treatment. Proper medical attention should always be sought for specific ailments. Never disregard professional medical advice or delay in seeking medical treatment due to information obtained on Swingxtra.co.uk. Any information received from this Agony Aunt Advice Area is not intended to diagnose, treat, or cure. All advice given or received in the Agony Aunt Advice Area is Parody. The information on this Advice Area is not intended to replace proper medical care.
STORAGE OF DATA
Swingxtra reserves the right to establish a limit on the amount of computer storage a Member may use through the Service. Swingxtra assumes no responsibility for the deletion of or failure of the Service to store transmissions, data or posting.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Swingxtra does not accept liability for any damages for loss of profits, use, data or other intangible property or any indirect, incidental or consequential damages, resulting from the use or the inability to use the Service or resulting from unauthorised access to, deletion or alteration of transmissions or data or failure of the Service to store transmissions or data.
Swingxtra does not accept responsibility for the security or content of any information which members supply through the site and will not be liable for the content of any communications or messages received by you from any other Member.
Swingxtra's liability to you in any circumstances is limited to the amount of fees or commissions collected by Swingxtra from you.
You agree to indemnify, defend and hold Swingxtra, its parents, subsidiaries, affiliates, officers and employees harmless from and against all liabilities, claims and expenses that may arise from any breach of these terms and conditions by you. This indemnity shall be applicable without regard to the negligence of any party. We do not exclude or limit any liability for death or personal injury due to our negligence.
TERMINATION OF MEMBERSHIP
You may terminate your Membership at any time with immediate effect by serving written or electronic notice on Swingxtra. Should you object to any provision of the terms and conditions or any subsequent modifications, your only recourse is to immediately terminate use of the Service and notify Swingxtra of termination. Swingxtra may terminate your Membership at any time by serving 1 day's notice of termination on you, or immediately if you have breached these terms and conditions.
Upon termination of the Service, your right to use the Service immediately ceases and you acknowledge and agree that Swingxtra may immediately delete the files in your account, bar any further access to such files or the Service. Upon termination of this Service, you are not entitled to a refund of any fees paid to Swingxtra. Swingxtra shall not be liable to you or any third party for termination of your Membership in accordance with these terms and conditions.
CONTACT US
You can contact Swingxtra about any problems or questions with this Web Site at: info@Swingxtra.co.uk. We reserve the right not to respond to any membership queries that do not include your Swingxtra username and password. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts. These terms and conditions and any deifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter (except for fraudulent misrepresentations). You agree that Swingxtra has the right to assign or sub-contract any or all of its obligations under these terms and conditions. You shall not, without Swingxtra's prior written consent, assign these terms and conditions.
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