Evolution Recruiting, Inc., doing business as: www.swingersocial.net and www.swingersocial.com
CAREFULLY CONSIDER BEFORE YOU ACCESS THE SITE AND/ OR REGISTER AS A MEMBER OF THE SITE. BY ACCESSING THE SITE OR REGISTERING AS A MEMBER OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE.
These Terms of Service govern the use of this site and how we provide content to other users and visitors to the site. Read these Terms of Service carefully. You and Evolution Recruiting, Inc. are bound to them and they establish our legal relationship. When accessing our site or registering as a member, free or paid, you are agreeing to be legally bound by these Terms of Service and definitions. When you register, these Terms of Service are accepted upon hitting the join button.
You are only allowed to open one (1) Free Member account with us. You may, however, open multiple Paid Member accounts.
Use and Restrictions on Services
We provide our Members an online social network for communication between like-minded individuals with shared interests. Profiles are personal web pages and communication portals. We reserve the right to limit file sizes and bandwidth. We provide space for photographs, emails, walls and profiles along with other features that may be added in the future. Depending on the privacy controls you have set for your Profile/Account., you have the ability to "open" (or permit access to) your Profile, not just to close friends, but to others including all other Members. We may post additional guidelines from time to time in the site including some that may be more restrictive. Each time you access the site, you agree to be bound by all guidelines and rules posted on the site.
Protecting your Password
Sites are only as secure as the passwords used. Anyone possessing your password can access your private information. We will provide anyone who accesses your account with your password all of the rights and privileges that we provide to you, but we will hold you responsible for the activities of a person using your password. We recommend that you not share your profile and that you protect it from others. We have a tool to help you pick a secure password and we suggest selecting a long password with a combination of numbers, letters, both upper and lower case, and symbols. We also recommend changing your password on a regular basis for added security.
Free members will have limited access to the site with some features not available. We will decide from time to time which features free members can access. We provide NO guarantee that all features, either existing or new, will always be available to free members. Membership can be granted, denied or revoked by us for any reason whatsoever. The site is a private club subject to membership approval and adherence to standards.
Paid members will have access to all provided services of the site for the time period purchased. After completing Registration and approval of your Profile by us, you can use the site fully within the parameters of our Terms of Service and uses. Membership can be granted, denied or revoked by us for any reason whatsoever. The site is a private club subject to membership approval and adherence to standards.
We will review and filter all content for inclusion on the site. No illegal activities can be posted on the site. All persons in the photographs are to be above 18 years of age. No illegal acts can be represented or implied in the pictures. This includes drugs, pedophilia and contact with animals among any other illegal activities within the Members’ State laws and the federal laws of the United States of America. We also reserve the right to reject any verbiage that is offensive or illegal in nature. Content violations include but are not exclusive of: content where you are not of original ownership, content that violates copyrights, patent, trademark, trade secrets or proprietary rights, content that includes identifiable but unwitting third-parties, content that includes children under 18 years old (even in background), content of illicit or illegal activities in violation of the law, content with links or references to other websites, content promoting sales, services or personal financial gain, content that is patently false, defamatory, libelous, perfidious, unlawfully threatening, unlawful harassing, illegal, abusive or otherwise a violation of any of the guidelines of Terms of Service, content promoting treason, sedition, subversive activities, or incitement of discontent, resistance or advocacy to overthrow lawful authority or the US. constitution, or content that contravenes the spirit and intent of building a free and open community of like-minded swingers and the vision of this site.
Users who access our Site without becoming Members have some access the site features, but are nonetheless still bound by this agreement.
Payments and Refunds
After completing Registration and receiving approval of your Profile, you may become a Paid Member by paying a membership fee. We use third party companies to process your payment and any billing information you provide to us will also be sent to them, our third party vendor. Any billing information sent by us to a third party vendor is intended solely to allow the third party vendor to process the payment. All payments are non-refundable even if we terminate our relationship with prejudice because of a violation of Terms of Service either real or perceived.
To allow you to communicate with other Members and to participate in our social community, we have made available to you a wide range of features such as profiles, blog, email, chat rooms, friends wall, club listings, and others as we are able to provide them. You can post personal visual content (photographs, Art) that has privacy controls.
No Warranty against Defects
We do not guarantee that the site will be functional 100% of the time. We also do not warrant that it will be free of any defects. We will use due diligence to provide a safe and secure site. For purposes of safety and security, you agree that you will not provide information in your Profile such as telephone numbers, street addresses, email addresses, last name or any other personally identifying items including photographs or videos that will allow identify your physical location.
Referring or Linking to Other Site and Services
Link or references to other websites, businesses or services are forbidden in personal profiles, including pictures, and will result in cancellation of your membership with no refund. You may not sell, promote or advertise any other website, business or services. Sex workers and members may not solicit or engage in any form of prostitution on the site regardless the legality where the member resides or works. Anyone suspected of engaging in solicitation will be immediately terminated with prejudice and without warning, notification or refund.
Rights you Grant Us
We have established a site to assist you in your efforts to interact with other Members. This section outlines the rights that we have to the content.
You grant to us your intellectual property rights, only those limited rights that are necessary for us to assist you in your posting of Visual and Textual Content using our site for other member to access. Understand that there will be NO compensation paid to you or any third party with respect to our use of your Visual or Textual Content under this grant. You grant us a right to use, copy, modify, adapt, display and distribute your textual content within the site and if you agree in our public areas. We will abide by your privacy choices within your profile, but any content submitted under the Stories tab, Blog entries, or postings on other members’ walls will be viewable to all.
Grant of rights to Other Members and Site Visitors
You grant to other Members and Visitors, under your intellectual property rights, the right to access and view Content that you have posted solely for their personal, non-public use. Although this Site assumes no responsibility for content you post in public areas, you have the option of restricting this grant by identifying particular Visual Content as "private" or "personal" so that third parties understand your intent.
Rights to Publish
When you post Content on our Site through the Site, you represent that you hold all rights needed to grant requisite rights to publish the Content. You represent that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under "fair use" principles), You also represent that each person depicted in images, video, or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms of Service. You also represent that you are responsible for managing and editing the Visual Content and that you will maintain, if required by law, any records pursuant to 18 U.S.C. §2257 for Content that you upload onto the Site. You should seek independent legal counsel if you have any questions as to the rights and obligations that you have pursuant to this or any other section.
Terms of Service of Profiles in Public Portion of Site
If you choose to have a public profile then this means you interested in (or do not object to) publicizing your profile and any related Content, and you fully understand and acknowledge that we will be entitled to use your member profile and all content in connection with advertisements and promotions for the Site. If you wish to restrict your profile, simply select the private profile option and only registered members can view your content within your privacy settings.
Ownership of Content
We expressly disclaim ownership in all Visual and Textual Content. You alone are responsible for your content and its legality. We reserve the right to refuse promulgation of your content without warning or notification if we have reason to believe that you have not secured proper permissions for copyright material.
License to Access the Site
Subject to your compliance with these Terms of Service, We grant to you the right to access site and features which is limited to your personal use and solely to access. The Website may not be used in connection with any commercial endeavor except paying advertisers who have separate agreement.
Code of Conduct
As a condition to your use of the Site, the content and features, you agree to comply with these Terms of Service, and to follow our Code of Conduct as set out below. This code cites some specifics and illustrates principles but is not exhaustive in nature. Under this Code, you will not:
1. Provide any content that is false, defamatory, unlawfully threatening, unlawful harassing, illegal, abusive or otherwise a violation
of any of the guidelines of the site or these Terms of Service.
2. Solicit members for other services.
3. Distribute any data from the site about any member without their expressed permission.
4. Violate any third party copyrights, patent, trademark, trade secrete or proprietary rights.
5. Transmit materials that contain computer viruses, Trojans, worms or any other malware for any reason.
6. Seek financial gain from the website.
7. Use the Website to promote, advertise or otherwise generate traffic to another site or business or organization.
8. Distribute Spam.
9. Hack or Scrap or otherwise seek to degrade, debilitate or deny service of the site.
10. Use the site to violate any law or regulation by locality, State, Province or Federal.
We will enforce the above Code of Conduct wherever, whenever and however we deem necessary by our own discretion without consultation, warning or notification. We do not endorse the Content accessed through our Site. When you use our Site, you do so at your own risk, and we expressly disclaim responsibility for the Content.
Removal of Content
We expect each user of our Site to act responsibly, and to respect the rights of others. We seek to protect the confidentiality, integrity and availability of site and member information and the security of our computing systems from unauthorized access, use, disclosure, disruption, modification, perusal, inspection, recording or destruction. We may mitigate vulnerability that may include technical tools such as firewalls and anti-virus software, regular backups and configuration hardening. We also reserve the right to do what is required to protect the Site, the parent company, our community of Members, and our reputation and good-Name from claims of intellectual property infringement and other claims or threats, such as those detailed in our Terms of Service. Pursuant to this end, we reserve the right in our discretion to monitor your use of the Website, your Profile, any communications made on the Site, and other Content transmitted through the Site. Additionally, we may restrict access by automated non-human software or invasive technical tools, as well as certain Internet sites, competitors, or other resources from which we do not derive benefit. We may take other actions or surveillance we deem necessary to protect our community of users and our resources. Due to this monitoring, you cannot expect that communications through our Website will remain private, privileged, restricted, confidential or otherwise free of our review. We will remove offensive Content or any Content violating our Terms of Service or the rights of our members.
Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your account(s) or your access to our Site or to certain Facilities if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate any of the terms or conditions set forth in these Terms of Service. If removed all membership fees paid up to the date of termination are non-refundable.
You alone are solely responsible for any and all interaction you have with other Members, both online or offline. We may observe disputes between you and other Members, but we have no obligation to become involved. If you have a dispute with one or more Members, you release us (and our officers, directors, agents, employees, subsidiaries, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Transferability of Membership
This Site neither affords nor permits any transfer of Free, Paid or Lifetime membership from one party to a second or third party. Evidence to transfer access to other parties, real or attempted, will result in immediate termination of service. This Site makes no provisions for transfer or limitation of access for couple memberships in the event of separation or divorce. These parties must resolve issues of access and use for themselves.
We value your privacy and the privacy of our Members. We will protect your private information using all legal and technically means readily available. We will not sell your email or disclose your data to any outside source other than those you agree to. These protections, however, do not apply to information you choose to disclose to other Members via our Site. Although Members are bound, under our Code of Conduct, to refrain from disseminating information from our Website and obtained while using our Facilities without permission, we cannot guarantee you that this will be the case. Therefore, you should disclose personally identifiable information advisedly.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE CONTENT, FACILITIES, AND FEATURES OFFERED ON OUR SITE WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED. THE SITE, AND ALL OF THE PROGRAMS AND FACILITIES ON THE SITE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT OR REPRESENT THAT THE SITE OR ANYTHING YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SITE, ITS PROGRAMS, SERVICES, CONTENT, PROMOTIONAL ITEMS, OR GIVEAWAYS, EVEN IF EVOLUTION RECRUITING INCORPORATED IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EVOLUTION RECRUITING INCORPORATED AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO, OR ARISING OUT OF, THE SITE OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE.
YOU MAY DECIDE TO ENGAGE IN OFFLINE ACTIVITIES WITH MEMBERS FROM OUR SITE ON AN INDIVIDUAL BASIS, IN GROUPS, OR THROUGH EVENT LISTINGS. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTS WITH RESPECT TO ANY MEMBER, ANY INFORMATION PROVIDED BY ANY MEMBER ON THE WEBSITE, OR ANY INFORMATION REGARDING PARTIES. YOU AGREE TO RELEASE AND HOLD US HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, OR PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE ACTIVITIES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LIABILITY TO THIRD PARTIES INCLUDING ALL FEES.
Modification of Terms
We reserve the right to delete, append, alter or modify, in our sole discretion, these Terms of Service. If we modify these Terms of Service, any such modifications will take effect proactively, upon your subsequent access to the Website. Access to the site implies consent to all Terms of Service however stated.
Survival of Termination
If either party terminates membership in the site, each is bound by these Terms of Service after termination in perpetuity.