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 Swingers-Rest.com Free Online Personals Service Access Agreement

Welcome!
It is our strongest hope and intention that members of this very special online community feel safe and respected so that they can experience the full value of this site. We expect members to show the utmost respect for each other. Please "do unto others as you would have them do unto you" and this should be a wonderful place to meet new friends, learn, share, and be positively enriched. If you know of anyone being disrespectful, please send us a note immediately.

Disclosure Statement

Your confidential information and anonymity will be fiercely protected. Please be honest in your answers -- sincerity and a sense of humor seem to count a lot. Offensive or insincere answers may be removed at the discretion of the systems manager. Member Agreement By using Personals Service you agree to the following Service Agreement. Please read it carefully.

Summary of Service Agreement

A. This service is for adults only. You must be at least 18 years old to register.
B. You agree to provide true and correct information about yourself in the registration process.
C. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
D. You agree not to use the service for the transmission of "junk mail," "spam," "chain letters," or unsolicited mass distribution of email or for any commercial purposes.
E. You agree to be responsible for your interactions with other members. You agree that Swingers-Rest.com is not responsible or liable for content posted on the service by third parties or members or the conduct of any member.
Please use the "Contact Us" facility to report any violations of the Service Agreement.

1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
The Swingers-Rest.com service ("Service") is owned and operated by Swingers-Rest.com, ("Swingers-Rest"). The Service is provided to you under the terms and conditions of this Service Agreement and any amendments thereto and any Swingers-Rest operating rules or policies (collectively, the "Agreement"). This Agreement applies to each service separately or collectively. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE CHECKBOX LABELED "I HAVE READ AND ACCEPT THESE TERMS", YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND AGREE TO BE BOUND BY THE AGREEMENT. MINORS MAY NOT BECOME MEMBERS.

2.0 MEMBER'S REGISTRATION INFORMATION
As a condition of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted during the registration process; and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, noncurrent or incomplete, Swingers-Rest has the right to terminate your account and refuse any and all current or future use of the Service.

3.0 MEMBER INFORMATION & EMAIL
Swingers-Rest considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. Swingers-Rest will not disclose such information to any third parties without your consent, except that you agree Swingers-Rest may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Agreement; (d) to respond to claims that such content violates the rights of third-parties; (e) to protect the rights or interests of Swingers-Rest; or (f) to protect the rights or interests of Swingers-Rest users or others. You understand and agree that Service may access the content of your account in order to identify and resolve technical problems or service complaints.

4.0 MODIFICATIONS TO SERVICE AGREEMENT
Service may change the Agreement from time to time. You will be informed of any such changes by a notice on the log-in page of the Service stating that the Agreement has changed. Your continued use of the Service after Swingers-Rest has posted such notice constitutes your acceptance of any such changes.

5.0 MODIFICATIONS TO SERVICE
Service reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you. You agree that Service shall not be liable to you or any third party for any modification or discontinuance of the Service.

6.0 MEMBER CONDUCT
You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other Swingers-Rest members.

6.1 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. You also agree not to interfere with the use and enjoyment of the Service by other members.
6.2 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
6.3 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
6.4 You agree not to transmit "junk mail," "spam," "chain letters, " or unsolicited mass distribution of email, or to use the Service for any commercial purposes.
6.5 You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Service that are accessible to the public or Swingers-Rest general membership. Swingers-Rest reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.
6.6 You agree not to impersonate any other person, including but not limited to any other member of Swingers-Rest or Swingers-Rest employee, while using the Service.

7.0 NO RESALE OF SERVICE
You agree not to resell the Service or use of or access to the Service.

8.0 TERMINATION
You agree that Service may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that Swingers-Rest may immediately delete files in your account and bar any further access thereto.

8.1 Swingers-Rest.com shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities.
8.2 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue and terminate your membership with the Service; and (2) notify Swingers-Rest of termination by sending an e-mail with Contact us feature.

9.0 DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
Your correspondence, transactions or other dealings with advertisers, Swingers-Rest partners, Gift Store vendors or other third parties available on or linked through the Service, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner, vendor or other third party. Swingers-Rest does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold Service liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the Swingers-Rest site.

10.0 PROPRIETARY RIGHTS

10.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by Serice, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by Swingers-Rest, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
10.2 You acknowledge and agree that any material you post in any areas on the Service that are accessible to the public or Swingers-Rest's general membership will be treated as non-confidential and non-proprietary and Swingers-Rest may use such material in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions.

11.0 DISCLAIMER OF WARRANTIES
The Service and the materials available on or through the Service are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permissible under applicable law, Swingers-Rest disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to Description and fitness for a particular purpose. Swingers-Rest does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Swingers-Rest does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.

12.0 LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, Swingers-Rest shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Service is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of Service's terms and conditions, your sole and exclusive remedy is to discontinue using Swingers-Rest.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

13.0 INDEMNIFICATION
You agree to indemnify and hold Service and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, the Service.

14.0 NOTICE
Any notice to Service shall be made via email or regular mail. Swingers-Rest.com may provide notices of changes to the Agreement or other matters by displaying notices to members generally on the Service, or via e-mail or regular mail.

15.0 GENERAL
The Agreement and the relationship between you and Swingers-Rest shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You and Service agree to submit to the personal and exclusive jurisdiction of the State of New Hampshire for Santa Clara County or the United States District Court for the Northern District of New Hampshire. Swingers-Rest failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

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