SwingTowns Terms

Last Updated: May 6, 2023

Street Ink Corporation (“we, us, our, ours, etc.”) is the owner and operator of www.swingtowns.com and any affiliated websites and related mobile versions and all services provided thereon (“Swingtowns”). We are the owner of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on Swingtowns (“Materials”). While we do not own the content shared on Swingtowns by you (“Content”) or our other users, such user-generated content is included within the definition of Swingtowns and is excluded from the definition of Materials.

These Terms constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of Swingtowns, the world’s largest non-monogamy community. Our goal is to provide a safe, authentic, and law-abiding social introduction platform for our users. To assist in this effort, we require that all users agree to certain terms governing their use of Swingtowns. By accessing or using Swingtowns, you accept and agree to our website policies, including these Terms, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms, (c) you are using Swingtowns freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness..

We reserve the right to revise these Terms at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms, we will change the “Last Updated” date at the top of these Terms. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms, then you may presume that nothing in these Terms has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms in their entirety. You must agree to any updated Terms or immediately cease use of Swingtowns. If you fail to review these Terms as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

  1. Accounts

    1. Registration

    2. Each user may register a reasonable number of accounts on Swingtowns, provided you meet the requirements set forth herein and otherwise abide by these Terms. We may terminate any or all accounts of a user who registers an unreasonable number of accounts or who registers accounts for the purposes of evading moderation, suspension, or termination. You agree that we may require additional documents or records from any authorized user of an account. We may permit you to register the following types of accounts:

      • Single: You may register a Single account if you are an individual. You are prohibited from posting sexually explicit Content which depicts any other individual on your Single account.
      • Couple: You and one other person may register a Couple account. You must provide the email address of the other person who will be authorized to access the account, unless the other person shares your email address. We will send a verification email to the other person which must be signed by the other person before that person may access the account. You are prohibited from posting sexually explicit Content which depicts the other person on the Couple account, until the other person has verified their email. You must obtain a written record of consent (“Consent Form”) from each person depicted in Content. We may request copies of identification documents and/or Consent Forms from any person depicted in Content. Each authorized user must create a unique password to access a Couple account. You are always prohibited from posting sexually explicit Content which depicts any individual besides the other person on the Couple account.
      • Polycule: You and a reasonable number of other persons may register a Polycule account. You must provide the email address of every other person who will be authorized to access the account. We will send verification email to every other person which must be signed by each person before that person may access the account. You are prohibited from posting sexually explicit Content which depicts any other person on the Polycule account, until that other person has verified their email. You must obtain a Consent Form from each person depicted in Content. We may request copies of identification documents and/or Consent Forms from any person depicted in Content. Each authorized user must create a unique password to access a Polycule account. You are always prohibited from posting sexually explicit Content which depicts any individual besides those persons who has verified their email in relation to the Polycule account.
      • Page: You may register a Page account if you run a club, group, site, or other organization related to non-monogamy. You are prohibited from posting sexually explicit Content which depicts any individual on your Page account.

      If you register an account on Swingtowns or if you sign a Consent Form as an authorized user of a Couple or Polycule account, we may, at any time and in our sole and absolute discretion, request that you provide a government-issued photo ID. Failure to provide such ID will result in immediate termination of your account.

    3. Accuracy

    4. If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any user-generated content.

    5. No Account Sharing

    6. Except for accounts for which you are an Authorized User, you will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

    7. Termination by You

    8. At any time, you or any authorized user of your account may delete your account by clicking the delete account link in your profile, and any authorized user may request that we delete a Couple or Polycule account on which they are an authorized user by sending us an email to support@swingtowns.com using their verified email address. You will not assign, transfer, sell, or share your membership to Swingtowns. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

    9. Termination by Us

    10. We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

  2. Grant of Rights

    1. Materials

    2. You understand that all we are offering you is access to and use of Swingtowns as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use Swingtowns. All users may access and use certain public areas of Swingtowns, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Swingtowns for private, non-commercial purposes. This free license does not include a license to access or use paid areas of Swingtowns or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use Swingtowns, the Materials, and user-generated content, as limited by your purchase of certain paid features. This paid license is for private, non-commercial purposes. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use Swingtowns, the Materials, any user-generated content, and certain paid features is not a transfer of title. You will not copy or redistribute any Material or user-generated content, and you will prevent others from unauthorized access, use of, or copying of the Materials and any user-generated content.

    3. Content

    4. We may permit you to submit Content to Swingtowns. Except for personally identifiable information covered under our Privacy Policy, we will consider Content non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to Swingtowns.

      You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of Swingtowns (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms. This license shall include the right to copy and transfer the Content to any of our affiliate, related, or partner sites, and to post the Content on different pages of Swingtowns at our sole discretion. We may freely use the Content for any purpose. By posting Content to Swingtowns, you consent to (i) being depicted the Content, and (ii) the Content being publicly distributed on Swingtowns.

      Further, you grant each user of Swingtowns a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through Swingtowns, as permitted through Swingtowns and under these Terms, and as limited by that user’s purchase of certain paid features or engagement in qualifying activities, such as matching with you or certifying their identity.

    5. Sexually Explicit Content Depicting Other Individuals

    6. You are prohibited from sharing sexually explicit Content which depicts other individuals, unless all the following conditions are met:

      • You are the owner or an authorized user of a Couple or Polycule account, and you are posting such Content to such account.
      • Such Content only depicts you and other authorized users of the account. Such Content cannot depict any individual user who has not signed a Consent Form in relation to that account.
      • Such Content does not violate any third party’s rights.
      • You have obtained and will maintain government-issued identification documentation confirming that each user depicted in such Content is at least eighteen (18) years of age, and you will provide such documentation to us upon request.
      • You have obtained and will maintain written documentation confirming that each user depicted in such Content has consented to (i) being depicted in such Content, and (ii) such Content being publicly distributed on Swingtowns.
      • You have obtained and will maintain any and all records associated with the Content as required by 18 U.S.C. § 2257 & 2257A, and/or 28 C.F.R. § 75.1, et seq. (“2257”), and make such records available as require by law.
      • You will provide this written documentation of consent and any other necessary releases, licenses, or ownership documents to us promptly upon request by us for such documentation.

      We may refrain from publicly distributing such Content until all depicted individuals have confirmed their identity and consent to being depicted in such Content and to such Content being distributed on Swingtowns. You agree to release us, and hold us harmless, from all claims arising from such Content including but not limited to, from the distribution or lack of distribution on Swingtowns. You further agree that any claim arising from such Content shall be asserted only against the user(s) participating or appearing therein, and not against us.

  3. Acceptable Use Policy

    1. Prohibited Uses for All Users

    2. You agree that you will only use Swingtowns for purposes expressly permitted and contemplated by these Terms. You may not use Swingtowns for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

      • Use Swingtowns for any purpose other than as offered by us, including in any way that is prohibited by these Terms or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
        • Laws prohibiting sex trafficking and promotion or facilitation of prostitution;
        • Intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of your Content;
        • Laws against obscene, lewd, defamatory, or libelous speech; and
        • Laws protecting confidentiality, privacy rights, publicity rights, or data protection.
      • Fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
      • Access or use Swingtowns if you are, or are required to be, a registered sex offender in any jurisdiction.
      • Link to Swingtowns on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
      • Post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.
      • Post, upload, or share Content that contains hate speech, including (1) any Content posted, uploaded, or shared with the intent to vilify, humiliate, dehumanize, or incite hatred or fear against a Protected Class, (2) statements of inferiority or calls for exclusion or segregation based on Protected Class, and (3) any deliberately false material that causes harm to a Protected Class. “Protected Class” means any group or individual based upon race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease, or veteran status.
      • Post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) scenarios involving lack of consent, including rape, sexual assault, kidnapping, torture, hypnosis, intoxication, violence, sadomasochistic abuse, hardcore bondage, weapons, or asphyxiation; (ii) sexual activity involving minors; (iii) age-play or adult baby/diaper lover Content, (iv) incest; (v) beastiality, including monstrous humanoids or animal-themed sex toys; (vi) necrophilia; (vii) bodily fluids including scat, urine, lactation, vomit, and blood, but excluding semen, female ejaculation, and saliva; (viii) illegal prostitution or human trafficking; (ix) “revenge porn” defined as any Content containing any individual who has not consented to being depicted in the Content, or to the Content being distributed on Swingtowns; (x) unsolicited sexual Content sent directly to another user or Content otherwise sexual objectification of another user in a nonconsensual manner; (xi) illegal or illicit drugs; (xii) suicide, self-harm, or extreme pain, whether inflicted by yourself or a third party, including oversized toys, genital mutilation, or extreme fisting; (xiii) any other illegal behavior or behavior that may be considered obscene under applicable law.
      • Post, upload, or share Content depicting any person under eighteen (18) years old.
      • Promote or advertise any Content as depicting any person under eighteen (18) years old, regardless of the actual age of the person(s) depicted.
      • Post, upload, or share Content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all individuals depicted in your Content are at least eighteen (18) years of age or older, and consent to being depicted in your Content, and consent to your Content being distributed on Swingtowns.
      • Post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the Content.
      • Post, upload, or share any employment ads or Content which violates anti-discrimination laws.
      • Post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms.
      • Use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms.
      • Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
      • Access the accounts of other users.
      • Engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, misrepresenting the source, identity, or contents of the Content.
      • Engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
      • Circumvent, disable, damage, or otherwise interfere with the operations of Swingtowns, any user’s enjoyment of Swingtowns, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of Swingtowns, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
      • Reverse engineer, decompile, disassemble, or otherwise discover the source code of Swingtowns or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
      • Access or use any automated process (such as a robot, spider, scraper, or similar) to access or use Swingtowns in violation of our robot exclusion headers or to scrape all or a substantial part of Swingtowns (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
      • Modify, adapt, translate, or create derivative works based on Swingtowns, except and only if applicable law expressly permits that activity despite this limitation.
      • Commercially exploit or make available, mirror, or frame Swingtowns.
      • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
      • Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

      Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of the user’s account and access to Swingtowns or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, and termination of your account.


    4. The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Swingtowns or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.


    6. You understand that all depictions on Swingtowns are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of user-generated content. If you seek any form of child sexual abuse material (whether real or virtual), you must exit Swingtowns immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on Swingtown.

    7. Reporting User-Generated Content and User Activities

    8. If you are aware of any user-generated content on Swingtowns or any user engaging in activities that violate these Terms, please transmit a message to support@swingtowns.com and provide as much detail as possible, including a description of the objectionable user-generated content or the location where they may be found, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable user-generated content or investigate the activities, and a statement certifying the accuracy of the information you provided to us.

      We strive to resolve all reports within seven (7) business days and provide clear guidelines to prevent issues from recurring. If a violation has occurred, we will determine the appropriate remedy and take the necessary action. Any content deemed to be illegal is removed immediately. We will not take action against other users for activity that happens on another platform or offline. We may suggest that you block the other user to prevent further interactions between you and the reported user. In instances where disputes over consent cannot be resolved internally, such disputes are submitted to a neutral arbitration association at our expense. Once an action is taken or if more information is needed from you, we will contact you by email or other electronic message.

    9. Law Enforcement

    10. We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.

  4. Billing

    1. Purchases

    2. If you provide valid and current billing information, you may purchase a premium subscription. The price of premium access is displayed on Swingtowns, and you may only purchase a premium access for the currently displayed price. We bill for subscriptions on an automatic recurring basis. We reserve the right to change the price and features associated with such subscriptions at any time, without notice to you, by changing the information prominently displayed on Swingtowns. We reserve the right to charge additional fees for access to or use of Swingtowns or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Swingtowns. You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, subscriptions, tips, or upgraded features associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the billing due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account.

    3. Cryptocurrency

    4. We may permit you to pay for access to and use of Swingtowns and the features thereon using one or more cryptocurrencies, such as Bitcoin. Acceptance of such billing method is in our sole discretion and may be of limited duration. Any fee paid in cryptocurrency is irreversible. Refunds for fees paid in cryptocurrency are at our sole discretion, and, if allowed, may take the form of cryptocurrency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions. By paying for or selling Content in cryptocurrency, you acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside our control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. We do not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase of sale on Swingtowns.

    5. Third-Party Payment Processing

    6. We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with Swingtowns. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

    7. Changes to Your Billing Information

    8. You must promptly inform our third-party billing agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing through Swingtowns. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing agents.

    9. Chargebacks

    10. If you make a purchase on Swingtowns that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback.

    11. Changes to Our Billing Methods

    12. We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

    13. Refunds

    14. You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

      For refunds related to paid services:

      • If you pay for access to a feature, you may terminate such access by cancelling your account at any time.
      • If you block another user, you will immediately lose access to that user’s Content, even if you have paid for access to that Content, and you will not be issued a refund.
      • If you are blocked by a user, you will immediately lose access to that user’s Content, irrespective of payment, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund.
    15. Billing Errors

    16. If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing agents immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms.

    17. Fraudulent Use of Credit Cards

    18. We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

  5. Dispute Resolution and Damages

    1. Governing Law and Venue

    2. These Terms and all matters arising out of, or otherwise relating to, these Terms shall be governed by the laws of the state of Florida, and United States federal law, excluding any conflict of law provisions. The sum of this paragraph is that all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms agree that all legal actions or proceedings arising in connection with these Terms or any services or business interactions between the Parties that may be subject to these Terms shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

    3. Waivers

    4. You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

    5. Rights to Injunctive Relief

    6. You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

    7. Additional Fees

    8. If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

  6. Disclaimers

    1. We Disclaim All Warranties

    2. We provide access to and use of Swingtowns “as is” and “with all faults.” We make no warranty that Swingtowns will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of Swingtowns will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Swingtowns at any time or remove any or all Materials or other user-generated content thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Swingtowns or any transaction entered into through Swingtowns. There are no warranties of any kind that extend beyond the face of these Terms or that arise because of course of performance, course of dealing, or usage of trade.

    3. Use at Your Own Risk

    4. You expressly agree that access to and use of Swingtowns is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Swingtowns will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or Swingtowns, specifically. You understand and agree that any Materials or user-generated content downloaded or otherwise obtained through Swingtowns 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 your activity.

    5. Offensive and Adult Content Warning

    6. Swingtowns contains material that may be considered offensive. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing Swingtowns if they may deem it offensive, and you agree to cease accessing and using Swingtowns should you find them offensive. Specifically, you represent and warrant that you are aware that Swingtowns is an inclusive platform which permits the posting of adult content by our users, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors.

    7. Parental Controls Notice

    8. You acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adult content. You agree not to allow minors to view Swingtowns, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful, inappropriate, or adult content. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing Swingtowns if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep Swingtowns from being displayed or accessed by your children or wards.

    9. Registered Sex Offenders and Safety Tips

    10. By accessing Swingtowns, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity. While we prohibit access to and use of Swingtowns by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips:

      • Anyone who can commit identity theft can also falsify an online profile.
      • There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.
      • Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
      • If you choose to have a face-to-face meeting with another user who you met on Swingtowns, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation and meet in a public place with many people around.
    11. Fraud and Scam Warning

    12. While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on Swingtowns other than through authorized means. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy to solicit money from or to send money to any other user other than through authorized means. You expressly understand and agree that if any other user that you are in communication with on Swingtowns requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.

    13. No Endorsement of User-Generated Content

    14. You understand that much of Swingtowns is populated with user-generated content, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content. You further understand that you may be exposed to user-generated content from a variety of sources. As a result, you may be exposed to user-generated content that is inaccurate, offensive, indecent, or objectionable to some, and you waive any rights or remedies you have or may have against us for this exposure. Please note that we reserve the right to demote or terminate any user and to demote, remove, or refuse to publish your Content, at any time, for any reason, with or without prior notice.

    15. Privacy / Security Warning

    16. No website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by users or third parties, and your Content may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree we shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release us from all liability and claims associated therewith.

    17. Third-Party Links

    18. Swingtowns may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on Swingtowns and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms or our other policies. We reserve the right to demote or remove any link at any time.

    19. Violations of Law

    20. Access to and use of Swingtowns in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use Swingtowns will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

  7. Indemnification

  8. You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Swingtowns, or any breach of these Terms by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

  9. Limitation of Liability

  10. You acknowledge that we will not be liable to you for user-generated content or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated content or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Swingtowns including claims relating to the following:

    The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

    We expressly disclaim any liability or responsibility to you for any of the following:

  11. Intellectual Property

    1. Trademarks

    2. Swingtowns is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Swingtowns may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

    3. Copyrights

    4. The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. You retail all right, title, and interest in the Content, subject to the licenses herein. Swingtowns, the Materials, the Content, and any other user-generated content are protected by copyright law. The Materials and any user-generated content may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials or user-generated content. Modification or use of the Materials or user-generated content except as expressly provided in these Terms violates our intellectual property rights.

    5. Notification of Copyright Infringement

    6. We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Swingtowns, and we will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Swingtowns, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under our DMCA Notice & Takedown Policy here: https://www.swingtowns.com/DMCA.php.

  12. General

    1. Entire Agreement

    2. These Terms and any other legal notice or agreement published by us on Swingtowns, forms the entire agreement between you and us concerning your use of Swingtowns. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Swingtowns. A printed version of these Terms and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    3. Policies of Our Service Providers

    4. You understand and agree that we may use certain third-party service providers to provide you with access to and use of Swingtowns. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

    5. Assignment and Delegation

    6. We may assign any rights or delegate any performance under these Terms without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

    7. Severability

    8. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

    9. Cumulative Remedies

    10. All rights and remedies provided in these Terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

    11. Successors and Assigns

    12. These Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms.

    13. Force Majeure

    14. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

    15. Notices

    16. Any notice required to be given by us under these Terms may be provided by email to a functioning email address of the party to be noticed, by a general posting on Swingtowns, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at support@swingtowns.com unless otherwise specified in these Terms. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

    17. Communications are Not Private

    18. We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Swingtowns may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.

    19. Authorization and Permission to Send Emails to You

    20. You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content and language which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

    21. Consideration

    22. We allow you to access and use Swingtowns, as limited by purchase of certain paid features, in consideration for your acquiescence to all the provisions in these Terms. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Swingtowns.

    23. Electronic Signatures

    24. You agree to be bound by any affirmation, assent, or agreement you transmit through Swingtowns. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

    25. English Language

    26. We have written these Terms and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms. In the event that you choose to translate these Terms, you do so at your own risk, as only the English language version is binding.

    27. Export Control

    28. You understand and acknowledge that the software elements of Swingtowns may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

    29. No Agency Relationship

    30. Nothing in these Terms shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

    31. Usages

    32. In these Terms, unless otherwise stated or the context otherwise requires, the following usages will apply:

      • References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
      • In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
      • References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
      • “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
      • “Including” means “including, but not limited to.”
    33. No Waiver

    34. No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms.

    35. Headings

    36. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms.

    37. Other Jurisdictions/Foreign Law

    38. We make no representation that Swingtowns is appropriate or available for use in all locations. You may not access or use Swingtowns from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use Swingtowns from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States.

    39. Service Not Available in Some Areas

    40. You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use Swingtowns. Swingtowns IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Swingtowns while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Swingtowns, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of Swingtowns in any jurisdiction.

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