THIS AGREEMENT WAS LAST UPDATED ON SEPTEMBER 1, 2015.
When you sign up for service within the Swingular community, you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after April 11, 2002, you are agreeing to be bound by this Agreement, including all amendments made to date.
This Agreement constitutes your agreement with Swingular with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Swingular or any successor or assign of Swingular.
Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
- you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
- you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene, or offensive language;
- you will not forward chain letters through the Service;
- you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
- you will not post messages, pictures or recordings or use the Service in any way which
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
- is fraudulent or otherwise unlawful or violates any law; and
- you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
- you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, Swingular's systems or to other members' systems in any way.
Users of the Service may become "Guests", "Trial Members" or "Exclusive Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Trial Members are allowed to access more features of the Service than are Guests, but are limited to this privilege for a minimal trial period. Trial Members are not charged by us for the features they can access. Exclusive Members are provided with full access to all features of the Service that are not available to Guests. Exclusive Members are charged by us for the features they access for the period of time they purchase.
Fees and Payments
- Exclusive Members of the Service are required to purchase a membership in order to use the features of the Service.
- In order to purchase a membership, Exclusive Members may charge them online to a credit card account, place an order via a 1-900 telephone number, check or by money order in accordance with our pricing policy as posted on the Service from time to time. In addition to paying the published price for membership, the purchaser is responsible for paying all applicable taxes in connection with the purchase of a membership. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge members for membership, or the method of payment which is acceptable to us, at our sole discretion.
- Once we have confirmed receipt of your payment, we will update your account to an Exclusive Membership and set the correct expiration date. Where we receive payment for an incorrect amount or non-US$ we will adjust your account with the correct expiration date based on the funds received, converted to US$ at a reasonable market exchange rate at the time of processing. Expiration dates are determined by the type of membership package you purchase. You can confirm the expiration of your membership by checking your account online. An Exclusive Member whose account has expired will become a guest member and will not have access to "paid features" until another membership is purchased. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, your remaining membership is immediately forfeited.
- THE PURCHASE OF A MEMBERSHIP IS NON-REFUNDABLE. Any period of membership will not be refunded if unused, even if you are no longer using the Service. Membership may not be transferred from one member of the Service to another member. Memberships purchased by an Exclusive Member is not refundable under any circumstance but can be used by you at any time. Payment for a Lifetime Membership pays for administrative costs to create and maintain your lifetime status. Once payment for a Lifetime Membership is received, we are extending you the privilege to use the Service indefinately unless we exercise our right to terminate your account for any reason setforth here within. Therefore, if we, or you, terminate service and you have a Lifetime Membership, you are not entitled to a refund as you have not paid for the unused portion of your Lifetime Membership. Administrative costs are non-refundable.
- If you purchase a membership and the fees change at anytime after your purchase, you are not entitled to compensate us for the difference if the fees are higher and you are not entitled to a refund of the difference if the fees are lower.
- You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
MEMBERSHIPS ARE NON-TRANSFERABLE.
If you delete your account, all membership privileges will be lost and cannot be reinstated, including lifetime memberships.
Privacy and Use of Information
By issuing the services, you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Termination of Access to Service by You
If you close or terminate your account, your account will not be visible by other members. However, we retain the right to keep any and/or all of the information you submit to us for our records.
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. For additional information, please refer to our Legal Section.
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Swingular, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Swingular or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Real and VIP Verified Members
We utilize a member verification system. This system is a way to determine if a User is who they say they are - a man, a woman, or a couple. Users are verified when they submit to Us or a Swingular User who has already been verified, evidence sufficient to prove to Us or said User that they are who they say they are. We have the sole discretion to determine what constitutes sufficient evidence. Verification isn’t 100% guaranteed and evidence can be faked. Therefore, we recommend you to use caution even when a User has been verified. Furthermore, the verification only affirms that the User is a member of the demographic group they claim to belong to (male, female, or couple). The verification does not indicate that this User is safe to contact, meet, or give information to. Use the same caution when dealing with a verified User that you would use when dealing with any other User.
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Swingular ("IP License").
This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Swingular related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
Emails & Spam
As a member of Swingular.com, you agree to receive communication from us via email that may contain site updates, notifications, newsletters and site related advertising. This is a requirement of membership. If you do not wish to receive these types of communications, you must cancel your membership with us by logging into your account and closing it. You can also remove your account by clicking the unsubscribe link in any communications your receive. We do not send out unsolicited emails or SPAM.
This Agreement is entered into in Santa Fe, New Mexico of the United States of America. You agree that it will be governed by the laws of the State of New Mexico and any disputes arising out of this Agreement will be subject to the courts of the State of New Mexico and the federal courts applicable within the State. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Swingular has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Swingular, if Swingular's obligations hereunder are assumed by a third party, Swingular shall be relieved of any and all liability under this Agreement.
Official correspondence must be sent via mail or email to:
Avid Holdings LLC
c/o R. A. Inc.
530-B Harkle Road, STE 100
Santa Fe, New Mexico 87505
Email: info@ swingular.com
Swingular.com is a service provided by Avid Holdings LLC, a New Mexico registered Limited Liability Company.