Please read and accept the following

User Agreement.

Statement of Purpose: Swingsation.com is a private club providing a service for adults (persons over 18 years of age) who wish to communicate online with other adults, to develop a network of friends and acquaintances for social reasons only.

By completing your application for membership in Swingsation.com, you acknowledge that you have read the Terms and Conditions of Membership, and that you accept the terms and conditions contained herein, and agree to comply and abide by them.

Management of Swingsation.com reserves the right, at it sole and absolute discretion, to refuse membership to any person, or to terminate any members membership, without notice, for any reason whatsoever, including but not limited to failure of a member to comply with the Terms and Conditions of Membership or violation of the clubs Code of Conduct described below.

When you sign up and/or register for any service within the Swingsation.com site, all of which are hereinafter referred to collectively as the "Service", you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between Swingsation.com (referred to herein as Swingsation, Site, Service, Club, we or us) and you (sometimes referred to herein as you, your or User) (such agreement referred to herein as the Agreement). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT ALLOWED TO USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.

This Agreement constitutes the agreement between Swingsation.com and you with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "Site, Service, we" and "us" means Swingsation.com, or any successor or assign of Swingsation.com.

Right to use.

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

TERMS AND CONDITIONS OF THE SERVICE

The following Terms and Conditions govern your use and access to Swingsation.com (Swingsation).

IMPORTANT! These Terms and Conditions also govern your membership to this Swingsation.com if you become a member. By accessing, using, printing, installing, or downloading any material from this Site, or becoming a member to this Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Site at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use, view or access the Site or print or download any materials from them. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.

You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.

Adults Only.

THIS SERVICE IS FOR ADULTS ONLY! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the Age of Majority) and that you have the legal capacity to enter into this agreement. The Service is intended for adults only. By using the Service you agree that you have reached the Age of Majority. If you continue with registration to Swingsation.com or use of the Service in violation of this section, it may result in legal action.

The site of Swingsation.com offers online entertainment services that may be deemed adult in nature and which may contain graphic depictions, adult language, contains visual, audio, and/or textual contents of nudity and/or any other descriptions of explicit sexual activity. Also there may be heterosexual, bi-sexual, and/or homosexual sexual situations. Persons under 18 years of age and persons who may be offended by such portrayings are not allowed (directly or indirectly) to download, acquire, view, read, listen to, or possess any photograph, video file, sound file, textual material, advertisement, or other communication, message or other content at, in, or through Swingsation.com, nor place any order for any goods or services at, in, or through connection to or from, Swingsation.com.

You acknowledge that you are aware of the nature of the content provided by this Site, that you are not offended by such content and that you access the Site freely, voluntarily and willingly.

If you are under the age of 18 years, are offended by such materials, or are acting on behalf of any governmental agency, you are also not authorized to download any materials from Swingsation.com and any and all such downloading shall constitute intentional infringement of Swingsation.com's rights in such materials. All materials, messages, and other communications contained at Swingsation.com are intended for distribution exclusively to consenting adults in locations where such materials, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the The Netherlands, United States or any other country. No materials from any parts of Swingsation.com are authorized to or otherwise may be downloaded to persons located in a locality where sexual or pornographic material is illegal. Any and all unauthorized downloading of materials from Swingsation.com shall constitute intentional infringement of Swingsation.com rights in such materials. By downloading materials from Swingsation.com, downloader hereby agrees to be personally liable and to fully indemnify Swingsation.com for any and all damages directly , indirectly and/or consequentially resulting downloader's attempted or actual unauthorized downloading or other duplication of materials from Swingsation.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include without limitation, damages resulting from loss of revenue and/or property, fines, and attorney's fees, including, without limitation, those generated by prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

Code of Conduct.

Members must at all times conduct their membership activities in the spirit for which this club has been created. Members will not harass, abuse or insult other members and will not use offensive or obscene words, names or phrases in any of their online communications. This shall also be meant to prohibit the forwarding of any obscene or offensive materials, or the use of this Club for the transmission of any advertising or other materials for commercial purposes. Members agree to respect the views of all members at all times, and to demonstrate helpfulness and show understanding for the wishes and safety of all members.

You agree to use the Service in accordance with the following Code of Conduct:

a) You are solely responsible for any information that you post or display to other members or when using the Service. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b) You are aware that the Service may contain explicit adult oriented materials provided only by consenting users;
c) You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any message, picture or recording, which contains sexual conduct (whether actual or simulated), libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
d) You will not post any message, picture or recording or use the Service in any way which:e) You will not post messages, pictures or recordings or use the Service in any way which

• i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights. All materials, messages, and other communications available at Swingsation.com are for the private use and enjoyment of its members only, any resale or other use of any kind is strictly forbidden. Except for authorized downloading, all advertisements and other communications and content of all kinds available at Swingsation.com may not be copied in any form, without the express written consent of Swingsation.com, or
• ii. is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law.

e) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
f) Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users;
g) You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
h) You will not forward any chain letters through the Service.

Privacy and Use of Information.

For Swingsation is your privacy of the highest importance as we are committed to protecting your privacy. This Swingsation Privacy Statement applies to the website of Swingsation.com and governs data collection and usage of all Swingsation.com services; it does not apply to any non personals online or offline Swingsation sites, products or services. You are adviced to read this Swingsation Privacy Statement below and also any supplementary information at the end of this statement for additional details about particular Swingsation.com and services that you may use.

In no circumstances does Swingsation sell, lease, or disclose any personal information collected such as your email address and holds this information in the strictest privacy to be used only in the intent that it was disclosed.

Swingsation is an Adult audience web site company, intended for users of legal age in their prospective state. Some Personal information of all users is collected, used and disclosed as described in this Privacy Statement.

Swingsation.com may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you..

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, We use cookies (and you can turn this off on the login page) to "remember" you each time you login. This saves you time from typing in your user name and password each time you visit us.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

Swingsation.com does not contain electronic images known as Web beacons - sometimes called single-pixel gifs except to collect web site traffic data.

Swingsation will occasionally update this Privacy Statement to reflect company and customer feedback. When Swingsation posts changes to this Statement, you will see the word "updated" next to the Privacy Statement link on the front page of Swingsation. If there are material changes to this Statement or in how Swingsation will use your personal information, Swingsation will prominently post such changes prior to implementing the change. Swingsation encourages you to periodically review this Statement to be informed of how Swingsation is protecting your information.

To secure site integrity, Swingsation employs measures, including but not limited to security audits, use of encryption tools and software, and other reasonable security measures and procedures.

Internal access to users' private and nonpublic personal information is restricted to site administrators ONLY.

In the event that Swingsation becomes aware that site security is compromised or nonpublic user information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, Swingsation shall take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities, notwithstanding other provisions of this Privacy Statement.

If Swingsation becomes aware that an user's personal information provided to Swingsation has been disclosed in a manner not in accordance with this Privacy Statement, Swingsation shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that Swingsation knows this information.

While this Privacy Statement expresses Swingsation's standards for maintenance of private data, it is not in a position to guarantee that the standards will always be met. There may be factors beyond Swingsation's control (e.g., "script kiddies, crackers and other malcontents, hurricanes, tornados, act of god, plague, scarlet fever, loss of power, loss of mind, body and soul, rabies, mad cow syndrome, foot and mouth disease, west nile virus ") that may result in disclosure of data. As a consequence, Swingsation disclaims any warranties or representations relating to maintenance or nondisclosure of private information.

As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party. All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in or at Swingsation.com were over the age of eighteen years at the time of the creation of such portrayings.

You acknowledge and agree that:

(a) We cannot ensure the security or privacy of information you provide through the Internet, or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
(b) We are not responsible for, and cannot control, the use of any information, by anyone, which you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
(c) We cannot assume any responsibility for the content of any message sent by any user on the Service, and you release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users;
(d) You acknowledge that you cannot bring legal action against Swingsation.com or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
(e) Any and all images uploaded to Swingsation.com become property of Swingsation.com and may be used by Swingsation.com, without any restriction(s), as marketing materials. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to Swingsation.com for marketing this site in our sole discretion.
(f) You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a members, age and marital status. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users.

Monitoring of Information.

We reserve the right, but have no obligation, to monitor any and all advertisements, public postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and (webcam)chats that take place through the site. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.

Removal of Information.

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.

Access to Site.

To access the Site or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Site that all information you provide will be correct, current, and complete. If Swingsation believes the information you provide is not correct, current, or complete, Swingsation has the right to refuse you access to these Site or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, Swingsation hereby grants you a limited, nonexclusive, nontransferable personal license to access the Site and the Materials contained therein. Subject to sections in this agreement, provided that you are a member in good standing to a Site, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on the Site shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of the Site, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.

You also agree that:



You will not attempt to by-pass any security and/or access feature at this site. If you use these services in violation of this agreement, you understand that your may be in violation of local and/or federal laws and that you are solely responsible for your actions. By logging on, you will have released and discharged the providers, owners and creators of this site from any and all liability which might arise.

Bookmarking to a page on this server/site whereby this warning page is by-passed shall constitute an implicit acceptance of the foregoing terms herein set forth.

By clicking on the "Login" link, in addition to all the above you further represent the following: You are an adult, 18 years of age or older. You are requesting and agreeing to view sexually explicit material for your personal use in your private home or office.

You personally and without coercion will make selections of such material and these images and products without violating the laws or community standards of the area in which you are located. You will not exhibit these images to minors or anyone else who might be offended by them.

Restrictions on Use of Site.

You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without Swingsation express prior written consent. Without the express prior written authorization of Swingsation, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided in above sections; (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (g) use any meta-tags or any other hidden text using Swingsation name or marks; (h) deep-link to any page of any of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another persons user name and password in order to gain access to a restricted area of any of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Sections above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with Swingsation in causing any unauthorized use to cease immediately. At any time, if the Site provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

Membership

A. Registration

You are responsible for providing all equipment and the computer necessary to access the Site. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a trial-member of Swingsation.com by completing an online registration form, which must be accepted by Swingsation.com, and by payment of the applicable subscription fee you will be a full-member. Upon submission of the online registration form, Swingsation or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Swingsation of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Swingsation or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Swingsation has the right to suspend or terminate your account and refuse any and all current or future use of Swingsation.com, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate chargebacks or credits to your credit card and any related fees that we incur with respect to your account.

B. Member Account, Password and Security

As part of the registration process, you will have an unique user name and password which you must provide in order to gain access to the non-public portion of Swingsation.com. You certify that when asked to choose a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to modify any materials on the site and Swingsation.com design at anytime, with or without prior notice. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on Swingsation.com. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Swingsation.com will not release your password for security reasons. You agree to (a) immediately notify Swingsation.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service until you notify Swingsation.com by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify Swingsation.com against all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.

1. The information is provided solely by the Member, without independent verification by Swingsation. For that reason, all members acknowledge and agree that the information they provide shall be honest and accurate as to his or her personal details. Each member acknowledges and agrees that any information he or she submits to Swingsation for publication can be used, unconditionally, by Swingsation.
2. The membership in Swingsation is personal and belongs solely to the applicant. The membership is not transferable. In the situation with a couple membership, ownership of the membership will be construed as belonging to the party by whom payment is made to Swingsation.
3. Members acknowledge and consent to the random monitoring of members transmissions by Swingsation, to attempt to ensure compliance by the members with the Code of Conduct. This shall not be meant to be a guaranty by Swingsation, as monitoring all transmissions would not be feasible or practical.
4. Failure by any member to make timely payment of membership fees will result in termination of membership, and the members profile will be immediately deleted from the Swingsation database. If a member has established automatic withdrawal for payment of membership fees, and that membership terminates for any reason, it is the members responsibility to cancel the automatic payment. No refunds will be given for overpayment resulting from the members failure to terminate the automatic payment.
5. If a membership is terminated for any reason, whether by Swingsation or the member, no refund will be given for any prepaid portion of the membership fees.
6. It is understood and acknowledged that Swingsation shall not be responsible or liable for temporary or intermittent problems or interruptions of the service provided by Swingsation, whether due to problems with Swingsations server or software, or whether due to a members hardware or software capabilities.
7. Members acknowledge and agree that they will be solely responsible for their actions and for their own safety, and that they will take all necessary care and due diligence before divulging any private (non-published) information to other parties, or making private arrangements with any other members.
8. If you as a Member, have been offended by the acts or behavior of another Member who has violated the Swingsation Code of Conduct or any of the terms and conditions of this Membership Agreement, it is your responsibility to report such behavior to Swingsation management. Upon receiving such notification, Swingsation will monitor the E-mail of all of the parties involved. If offensive behavior continues, membership of the offending member(s) will be terminated, at the sole discretion of Swingsation. Further, if any monitored E-mails contain language involving threats, or any other violations of law, such E-mails will be forwarded to the appropriate law enforcement agencies.
9. Members acknowledge and agree that all content produced by this Club or its members become the tangible and intellectual property of Swingsation and is copyrighted accordingly. Any content produced by this club may be used by Swingsation for any business purpose whatsoever.
10. This Agreement is made by the parties in The Netherlands and is to be construed, interpreted, enforced and governed by and in accordance with such laws (excluding the principals thereof governing conflicts of law) and federal law, in the event, and only to the extent, federal law preempts the law of The Netherlands. Venue for any litigation concerning this Agreement shall be Amsterdam, The Netherlands. The parties hereby waive any right to demand trial by jury for any litigation arising out of or in connection with this Agreement.
11. No civil action concerning any dispute arising under this Agreement shall be instituted before any court and all such disputes shall be submitted to final and binding arbitration by a three man panel. Each party shall select one arbitrator, who will in turn select a third arbitrator. All costs and expenses of the arbitration, including actual attorney's fees, shall be allocated among the parties according to the arbitrators' discretion. The arbitrators' award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration and obtaining an award there under shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding.
12. Members agree that if they have not logged in for some time you allow us to email you an account reminder to log into Swingsation.
13. Lifetime Membership. A lifetime membership is for the lifetime of the website or its current ownership. Lifetime does not mean your lifetime. Swingsation keeps the right to cancel a lifetime membership at any time for any reason. If you cancel your own lifetime membership and decide later to create a new account, its up to Swingsation to decide a reinstatement of your lifetime membership. If an account is not used for 180 days, the account will be removed.

DISCLAIMER: This club cannot be held responsible for any actions or statements of any of its members, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any actions by any third party resulting from membership to this club. The service provided is an 'as seen' basis and because of the immense variety of selection and matching criteria does not offer any guarantees that suitable matches will be found. This club will endeavor to provide a level of service as indicated in all this club published materials. This club agrees to the best of its ability to keep private any information submitted by members which is not for public display but, however, cannot be held responsible for any illegal actions by any third party which breaches this agreement.

C. Fees

Your subscription to the Service will be automatically renewed as stated below upon expiration of the initial term, unless you notify Swingsation.com via our online Customer Service Area. Membership fees to Swingsation.com are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to the billing terms. Swingsation posts the current membership fees for Swingsation.com as part of the registration process. Swingsation reserves the right to change any this Sites membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. Swingsation reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney s fees. 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 to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time. WE USE AN AUTOMATIC REBILL CYCLE ACCORDING TO YOUR SELECTED PAYMENT OPTION. You are responsible for reimbursing Swingsation for all credit card charge backs, dishonored checks and any related charges. You authorize Swingsation and its agents to make payments for the services provided to you through the Site by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of Swingsation goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to Swingsation or the Site when you have an outstanding charge to Swingsation shall make you liable to Swingsation for $25,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.

D. Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

E. Refund Policy

Swingsation does not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by Swingsation or our authorized agents provides extensive credit card fraud protection measures and our Site include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.

F. Download Limit

As a member in good standing, you may download up to 500MB (500,000,000 bytes) of data each day. Upon reaching this limit, you may be denied access to download any additional data until the beginning of the next day.

Termination of Access to Service.

Swingsation.com reserves the right to refuse access to any advertisement or other communication at Swingsation.com and cancel any member's subscription without notice. Swingsation.com does not screen or endorse Swingsation.com licensees' advertisements, communications and other content available at Swingsation.com for electronic dissemination. You are therefore advised to use your own judgment to evaluate all advertisements and other communications at Swingsation.com prior to purchasing goods and/or services described in Swingsation.com. In addition we may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.

Cancellation By User.

You may cancel your membership at any time through the third party who is processing your fees. Links to these third party processors are located in the customer service area within the non-public portion of the website. Otherwise you may cancel your membership by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password by visiting www.swingsation.com ; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Site. This Agreements provisions shall survive its termination, unless otherwise stated. In the event that you cancel your account no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site or Site to which you were a member.

Termination by Swingsation.com .

Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) Swingsation.com believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) Swingsation.com decides to cease operations or to otherwise discontinue any of the Swingsation.com or parts thereof. Further, you agree that neither Swingsation.com nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by Swingsation.com, you will not attempt to re-register as a member without prior written consent from Swingsation.com.

After Termination or Cancellation.

You accept that when you cancel your membership with the Service you will be automatically deleted from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your profile, mail and other membership materials will be immediately deleted from Swingsation.com and that such information will be irretrievable. The terms of this Agreement shall survive after termination or cancellation, unless stated otherwise

Proprietary Information.

The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No responsibility.

We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.

Security.

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

Other Links.

The Service may from time to time contain links to other Site and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.

Advice Columnists and Swingsation Ambassador Users.

The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counselor with respect to such issues. Additionally, from time to time the Service will employ compensated facilitators, called "Swingsation Ambassador(s)", to encourage member involvement, participation, and for entertainment purposes. All Swingsation Ambassador users are not necesarily indicated as such in ther profiles. Swingsation Ambassador users are not compensated to have any contact with members other than through email or (private) instant message dialogue.

Modifications.

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement at any time, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication.

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Swingsation.com related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.

Complaints.

To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to service@Swingsation.com. Actions will take place in order to help solve the problem.

Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

Binding Agreement

By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.

Jurisdiction/Disputes

This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in The Netherlands, without regard to its conflict of law provisions. You and Swingsation.com hereby submit to the personal jurisdiction of the court of Amsterdam, The Netherlands for resolution of all disputes. You and Swingsation.com hereby agree that exclusive venue for any litigation under this Agreement shall be with the court located in Amsterdam, The Netherlands.

No Child Pornography

You understand that all models appearing on the Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contain no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Site, please report to abuse@Swingsation.com. Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency globally nvestigating child pornography. . If you are seeking obscenity or child pornography, please leave this Site immediately.

Trademark Information

Swingsation.com and/or Swingsation is/are a service mark of Swingsation, All rights are reserved. 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. Swingsation, marks may not be used publicly except with express written permission from Swingsation, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Swingsation.

Copyright

The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by Swingsation (collectively, Materials) is the proprietary information and valuable intellectual property of Swingsation or the party that provided the Materials to Swingsation, and Swingsation or the party that provided the Materials to Swingsation retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Swingsation, except that you may print out a copy of the Materials solely for your personal use. In doing so, 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. Modification or use of the Content except as expressly provided in these Terms and Conditions violates Swingsation intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site. All content included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of Swingsation or its content suppliers and is protected by The Netherlands and international copyright laws.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SWINGSATION.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SWINGSATION MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN 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 THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT SWINGSATION CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SWINGSATION DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. Swingsation MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL SWINGSATION (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSONS USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SWINGSATION HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SWINGSATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SWINGSATION MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability.

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 this Agreement.

Indemnity.

You agree to defend, indemnify, and hold harmless Swingsation, its officers, directors, shareholders, employees, independent contractors, partners and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your activities on or use of the Service, or you under another persons authority including without limitation to use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. Swingsation shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Swingsation may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.

All above is including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. Swingsation.com is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, advertisements or other communications.

Links.

Some web sites which are linked to the Site are owned and operated by third parties. Because Swingsation has no control over such third party site and resources, you acknowledge and agree that Swingsation is not responsible for the availability of such external Site or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such Site or resources. You further acknowledge and agree that Swingsation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party Site, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

Notice of Claimed Infringement.

Swingsation respects the intellectual property of others, and we ask our users to do the same. 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 Swingsation Copyright Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on a Site;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) 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 owners behalf.

You may send your Notice of Claimed Infringement to: abuse@Swingsation.com

Please do not sent other inquires or information to us.

Notice and Takedown Procedures.

Swingsation reserves the right at any time to implement a notice and takedown procedure upon receipt of any notification of claimed infringement. Swingsation reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

Force Majeure.

Swingsation shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; 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, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay Swingsation performance.

Zero Tolerance Spam Policy .

Any unsolicited commercial or promotional messages sent to other members are considered SPAM and will result in immediate account termination. Prohibited activities includes promoting another website (of any type), another club or posting or publishing a party invitation to other than specific members. It is our intention and desire to protect our members from all manner and types of spam.

General Provisions.

A. Governing Law

These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of The Netherlands, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the Court in The Netherlands. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the Court of Justice in Amsterdam, The Netherlands.

B. Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other partys breach, and that an aggrieved party 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.

C. Binding Arbitration

If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, country or local law, statute, or regulation, excepting only claims under applicable workers compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Court in The Netherlands. The arbitration shall be conducted in Amsterdam, The Netherlands, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrators fees. Each party shall bear its own attorneys fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

D. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

E. Severability

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

F. Attorney s Fees

In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney s fees, including attorney s fees incurred on appeal.

G. No Waiver

No waiver of Swingsation shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. 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 and Conditions.

H. Headings

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

I. Complete Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Site and the Materials contained therein, and your membership with any of the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

J. Modifications

Swingsation reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit this Site. Your continued use of this Site following Swingsation posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Swingsation does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by Swingsation in writing, these Terms and Conditions may not be amended by you.

K. Other Jurisdictions

Swingsation makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.

Users who wish to gain access to the members-only section of any of the Swingsation Site must be a member in good standing. Swingsation posts the current membership fees for each Site prior to the registration page for each Site. Swingsation reserves the right to change the membership fees at any time. Users may contact Swingsation at service@Swingsation.com in order to resolve any billing disputes or to receive further information about any of the Site.