TERMS AND CONDITIONS OF SERVICE

This is a legal agreement between you and SV Incorporated. Please read this agreement carefully. By using the website Swing Village (hereinafter Swing Village) you agree to be bound by the terms and conditions of this agreement for as long as you continue to be a member.

IF YOU DO NOT AGREE TO THE TERMS, please ask for your account to be removed from Swing Village. THE TERMS ARE SUBJECT TO CHANGE by SV Incorporated AT ANY TIME, EFFECTIVE UPON POSTING THEM HERE.

MINORS MAY NOT BECOME MEMBERS By becoming a member of Swing Village, you represent and warrant that you are at least 18 years old.

Either you or SV Incorporated may terminate your Swing Village membership at any time, for any reason, without explanation. SV immediately suspend or terminate your access to Swing Village, without notice, upon any breach of this Agreement by you which is brought to any Swing Village administrator's attention.

Your membership in Swing Village service is for your sole, personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.

ONLINE CONDUCT

As a member:

  1. You are solely responsible for the content and/or information you publish or display (hereinafter, "post") on Swing Village or transmit to other Swing Village members.
  2. You will not post on Swing Village or transmit to other Swing Village members or employees, any defamatory, inaccurate, abusive, offensive, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity).
  3. You will use Swing Village service in a manner consistent with any and all applicable laws and regulations.
  4. Your profile will not include any telephone numbers, street addresses, or last names.
  5. You will not include any photos containing children or child pornography of any kind. Swing Village reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
  6. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through Swing Village unless authorized to do so by a Swing Village administrator. You will not transmit chain letters or junk e-mail to other Swing Village members.
  7. You will not post, distribute or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  8. You are solely responsible for your interactions with other Swing Village members. Swing Village reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other members.
  9. It is illegal to solicit sex for money or offer money for sex. It will not be tolerated on Swing Village. If it is found that you are doing this, your account will be removed without notice to you. In the event that you are a paying member, no refund will be offered.

GENERAL INFORMATION

The TERMS AND CONDITIONS OF SERVICE AGREEMENT constitutes the entire agreement between you and SV Incorporated and governs your use of Swing Village, superceding any prior agreements between you and SV Incorporated. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TERMS AND CONDITIONS OF SERVICE AGREEMENT and the relationship between you and SV Incorporated shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions. You and SV Incorporated agree to submit to the personal and exclusive jurisdiction of the courts located within the Polk County of Iowa. The failure of SV Incorporated to exercise or enforce any right or provision of the TERMS AND CONDITIONS OF SERVICE AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the TERMS AND CONDITIONS OF SERVICE 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 TERMS AND CONDITIONS OF SERVICE 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 Swing Village or the TERMS AND CONDITIONS OF SERVICE AGREEMENT must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.

MODIFICATIONS TO SERVICE

SV Incorporated reserves the right, at any time, and from time to time to modify or discontinue, temporarily or permanently, Swing Village (or any part thereof) with or without notice. You agree that SV Incorporated shall not be liable to you or to any third party for any modification, suspension or discontinuance of Swing Village.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that SV Incorporated may establish general practices and limits concerning the use of Swing Village, including without limitation to the maximum number of days that email messages, message board postings or other uploaded content will be retained by Swing Village; the maximum number of email messages that may be sent from or received by an account on Swing Village; the maximum size of any email message that may be sent from or received by an account on Swing Village: the maximum disk space that will be allotted on Swing Village servers on your behalf; and the maximum number of times (and the maximum duration for which) you may access Swing Village in a given period of time. You agree that SV Incorporated has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Swing Village. You acknowledge that SV Incorporated reserves the right to remove accounts that are inactive for an extended period of time. You further acknowledge that SV Incorporated reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Swing Village, use of Swing Village, or access to Swing Village.

TERMINATION (1): You agree that SV Incorporated in its sole discretion, may terminate your password, account (or any part thereof) or use of Swing Village, and remove and discard any content within Swing Village, for any reason, including, without limitation, for lack of use or if SV Incorporated believes that you have violated or acted inconsistently with the letter or spirit of the TERMS AND CONDITIONS OF SERVICE AGREEMENT. SV Incorporated may also, in its sole discretion and at any time, discontinue providing Swing Village, or any part thereof, with or without notice. You agree that any termination of your access to Swing Village under any provision of this TERMS AND CONDITIONS OF SERVICE AGREEMENT may be effected without prior notice, and acknowledge and agree that SV Incorporated may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Swing Village. Further, you agree that SV Incorporated shall not be liable to you or any third-party for any termination of your access to Swing Village.

TERMINATION (2): The Administrator reserves the right to remove your account at anytime for any reason at the Administrator's discretion; the reason will be justified. However, SV Incorporated is under no obligation to provide such justification. If your account was removed in error or by software or hardware failure SV Incorporated will make every effort to get you setup with a new account as soon as possible. However, you will agree to hold harmless SV Incorporated, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to such account.

TERMINATION (3): Any trial or paid user that has not been seen on the system for over 90 days will be removed. This is an attempt to keep only active members on the web site.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNITY BY MEMBER

You will defend, indemnify, and hold harmless SV Incorporated, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of Swing Village, including any breach by you of the terms of this Agreement.

ONLINE CONTENT

Opinions, advice, statements, offers, or other information or content made available through Swing Village, but not directly by SV Incorporated, are those of their respective authors and not of Swing Village, and should not necessarily be relied upon. Such authors are solely responsible for such content. SWING VILLAGE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES other than SV Incorporated. UNDER NO CIRCUMSTANCES WILL SV INCORPORATED BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON SWING VILLAGE OR TRANSMITTED TO SWING VILLAGE MEMBERS.

SV INCORPORATED RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF SWING VILLAGE. SV INCORPORATED SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN ITS SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF SV INCORPORATED, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER SWING VILLAGE MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY SV INCORPORATED TO THE EXTENT REQUIRED BY APPLICABLE LAW.

PROPRIETARY RIGHTS: SV Incorporated owns and retains other proprietary rights in Swing Village. Swing Village contains the copyrighted material, trademarks, and other proprietary information of SV Incorporated and its licensors and licensees. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

INFORMATION SUPPLIED BY MEMBER

SV Incorporated will keep confidential all information supplied by you SV Incorporated, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Statement for more detailed information concerning confidentiality.

DISCLAIMER OF WARRANTY

SV Incorporated provides Swing Village on an "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, AND STATUTORY, IN ANY COMMUNICATION WITH SV INCORPORATED OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. SV INCORPORATED SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SV Incorporated does not warrant that your use of Swing Village will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in Swing Village will be corrected. SV INCORPORATED DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

LIMITATION OF LIABILITY: IN NO EVENT WILL SV INCORPORATED BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE SWING VILLAGE. EVEN IF SV INCORPORATED OR ITS AGENTS OR REPRESENTATIVES KNOW, OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SV INCORPORATED'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SV INCORPORATED FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

SV INCORPORATED DOES NOT SCREEN THE MEMBERS REGISTERING TO SWING VILLAGE IN ANY WAY. As a result, SV INCORPORATED WILL NOT BE LIABLE FOR ANY DAMAGES, direct, indirect, incidental and/or consequential, arising out of the use of this service, INCLUDING, WITHOUT LIMITATION, to damages arising out of communicating and/or meeting with other members of this service, or introduced to you via this service. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, property damage, bodily injury, and/or emotional distress and discomfort.

ADVERTISING: By using this service or signing up for this service you agree to allow SV Incorporated to submit email messages to you regarding special promotional offers and other information pertaining to your account. This will not be considered to be unsolicited email because you are using Swing Village. If you do not wish to receive such email messages then it will be up to you to request that your account be removed.

WARNING - PLEASE READ THIS: It is possible that other Swing Village Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on Swing Village and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of Swing Village, and that the recipient may use such information to harass or injure you. SV Incorporated is not responsible for the use of any personal information that you disclose on Swing Village. Please carefully select the type of information that you post on Swing Village or release to others.

COMPLAINTS: To resolve a complaint regarding Swing Village, you should first contact a Swing Village administrator at support@swingvillage.com.

NOTICE (1): Any threat posed against SV Incorporated, any other system owned and operated by SV Incorporated, or it's personnel, employees, or members made via email on the system or via regular email or through any other media source will cause immediate removal of your account without possibility of refund at the discretion of the Administrator.

NOTICE (2): You will defend, indemnify, and hold harmless SV Incorporated, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any pictures posted to our web site that does not follow are rules stated above. Further, SV Incorporated is NOT OBLIGATED to remove such material at your discretion.

NOTICE (3): In the event that it becomes necessary that SV Incorporated remove your account, you will defend, indemnify, and hold harmless SV Incorporated, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to your account information, mail messages and any other information or pictures posted to Swing Village.

NOTICE (4): Swing Village contains adult related material. If this type of material is offensive to you, request for your account to be removed from Swing Village. This site does not do Adult Check or take any other personal information from you unless you agree to provide such information. In the event that an account is found to be underage then SV Incorporated will make every effort to remove that account within a reasonable amount of time.

NOTICE (5): This is a legal binding contract between you and SV Incorporated. If any part of this contract fails or is found to be flawed for any reason then only that part of this contract can be found to be null and void, however the remaining parts of this contract will remain in full force.

NOTICE (6): Should it be determined that you are in violation of any rules posted or implied then your account may be removed at the Administrator's discretion. Rules in this contract are subject to change due to new features of Swing Village or situations exist that have not been considered while constructing this contract. You also agree to comply to all new rules as they are posted here. In the event that a situation exist or arises that is not specified in this contract then the terms of this contract may be modified to include such situations. You will also agree to such modifications for you to continue to use Swing Village.

NOTICE (7): Free trial memberships are offered to all new members of the web site. In the event that your free trial membership is removed for any reason you agree to hold harmless SV Incorporated, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to your account or information. As a trial member of this system, you may not be able to access certain material and this is subject to change at the Administrator's discretion. You, as a trial member, are granted use of this system; however SV Incorporated is not liable to you to provide this service nor is there any implied or written guarantee that you will get the full 15 days. The 15-day trial period is for 15 consecutive days on the calendar not how many times you use Swing Village. SV Incorporated, its officers, directors, employees, agents and third parties have granted you use of this system for your 15-day trial period. However, it will always be at the Administrator's discretion to remove your account for any reason.

VIOLATION: Having multiple accounts on this system is prohibited unless you are a paid member and have specific permission from the Administrator. Having unauthorized multiple accounts will cause all of your accounts to be removed from Swing Village and you will be blocked from using Swing Village again. You may also be liable for payment for those extra accounts that you had. A fifteen-day free trial is offered to all new members. Fifteen days means just that, fifteen days to try out the system. Anyone found to have signed up a new account after an account has expired will have all accounts removed and be blocked from using Swing Village again. Upon login to Swing Village, your IP address will be stored in our database as well as other relevant information so you can be identified as a valid user of this system.

DISPUTES

Any disputes between members can be directed to the Administrator who will act in an arbitration capacity only to resolve the dispute. SV Incorporated cannot be held liable for any such disputes, as the service provided is merely an online meeting place. However, should SV Incorporated deem that one party has been unfairly treated by the other; then, in accordance with the terms and conditions of the membership agreement said account of the offending party may be removed. However, SV Incorporated is not obligated in anyway to do so.

LEGAL

In the event that you in anyway try to implicate SV Incorporated in any type of legal action taken against SV Incorporated or on your behalf will cause the immediate disabling of your account until the matter is resolved to the satisfaction of this network. Further should it be deemed that you are at fault in these matters SV Incorporated will remove your account without refund.

SPAMMING POLICY

Anyone found to be spamming others on Swing Village WILL be removed and blocked from this system. Refunds for unused portions of membership will NOT be refunded.

HARASSMENT

Anyone found to harass others WILL be removed and blocked from Swing Village. Refunds for unused portions of membership will NOT be refunded.

MISREPRESENTATION

Any profile found to be posing as someone they are not WILL be removed from Swing Village (i.e. a single posing as a couple or a single male posing as a female etc.).

MINORS

Anyone found to be a minor WILL be removed from Swing Village immediately. Minors are not allowed on Swing Village without exception.

PICTURES

Any pictures of minors will be removed. Please do not post pictures holding children or with children in the picture.

FRAUD

Anyone found to post a picture from a poster or a porn site that is not of them will be removed from this system. Only post pictures of yourself.

ADVERTISING IN PUBLIC AREAS BY USER

Anyone found to advertise via a picture posting or a forum posting or from within your profile or mail message will be removed from this system without refund for time paid. This includes but is not limited to trying to solicit other Swing Village members to another web site using the Swing Village mail system or forum postings or sending derogatory or misleading information about SV Incorporated to other members of Swing Village. This system is for swingers only it is not to better your business. You may place a link to your own personal website within your profile; provided this link is not to pay site.

INFORMATION

All profiles must contain a valid email address. This address is only visible to the Administrator. Your email address is the only way we have to contact you should there be a problem with your account or you lose your user name and password. Failure on your part to provide a valid email address may cause your profile to be removed. If your profile does not have an email address you will be sent a message asking you to provide one. If this is not corrected within 48 hours your account may be removed at the Administrator's discretion.

REFUNDS

Swing Village does not offer refunds for unused time or for any reason.

ACCOUNT REMOVAL

To have your account removed from this system send an email message to support@swingvillage.com. Please include your account name in this email.

COPYRIGHTS and COPYRIGHT AGENTS

By posting information or content to any public area of Swing Village, you automatically grant, and you represent and warrant that you have the right to grant, to Swing Village and other Swing Village members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

Copyright and Intellectual Property Agent for Notice

SV Incorporated respects the intellectual property of others, and we ask our users to do the same. SV Incorporated may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SV Incorporated the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. SV Incorporated can be reached as follows: by mail: SV, Inc. P.O. Box 3419, Iowa City, IA 52244. By email: support@swingvillage.com