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The Swing Fling Terms and Conditions
;Terms and
Conditions
TheSwingFling.com Terms of Use Agreement. Welcome to TheSwingFling.com a service of CapCanMedia. (hereinafter referred to as "TheSwingFling.com", "TheSwingFling.com Site" or "Site", "the Website").
You must read and agree to these terms and conditions before you may access or view our Site.
Please read them carefully. By visiting the TheSwingFling.comm Site, you are agreeing to its terms.
This Agreement is subject to change at any time, and changes are effective upon posting.
Check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
1. Eligibility: You must be eighteen or over to register as a member of or use this site. Membership in the service is void where prohibited. By using and or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority). By using and or viewing this site you represent and warrant under penalty of perjury the following: A)That you are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority). B)That you will not permit any person(s) under 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials contained within this Site. C)That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
2. Fees/Termination: TheSwingFling.com usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. TheSwingFling.com reserves the right to terminate your access to the site for any reason or no reason. TheSwingFling.com may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If TheSwingFling.com terminates your membership service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated.
3. Members Conduct and Account: TheSwingFling.com offers both free and paid accounts. While you may register for multiple paid accounts, you may only have one free account. TheSwingFling.com reserves the right to terminate any free account without prior notice if, in TheSwingFling.com's sole discretion, it is determined that a single customer has more than one free account. All Pictures are subject to approval and verification by the website administrators. Our service contract preclude us from depicting nudity on our main page, if you are selected as member of the month, we may contact you for a appropriate picture if none is already available. Occasionally the Website will offer certain giveaways or promotional packages to its members. Any giveaways or promotions are provided "as is", and TheSwingFling.com does not guarantee the accuracy, delivery or provision of such promotions or events. You agree that TheSwingFling.com will be held harmless for any issues or disputes arising from your acceptance of, or participation in, such promotions or events. TheSwingFling.com site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. TheSwingFling.com Members Free or Paid will not use our service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's Forum, chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at TheSwingFling.com's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, TheSwingFling.com may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at TheSwingFling.com 's sole discretion. When you become a member of the Website, you may be required to provide us with your current email address. From time-to-time we may use your email address to send you information about special events, promotions or updates to the Website. By joining the Website, you giveTheSwingFling.com permission to send you such email. You agree that we may continue to send you such email until you opt-out of receiving email from the Website in writing. If you wish to opt-out of receiving email, you should click the "opt out" link located at the bottom of the email we send to you. You agree that if you opt-out of receiving such email, TheSwingFling.com shall have a reasonable time (approximately 3 business days) to remove your email address from its subscriber list. Email addresses are solely for the legitimate use of TheSwingFling.com and its members. You acknowledge and agree that you shall not use any email address obtained from the Website for any purpose other than as directed by the Website and/or the individual member. Any unauthorized use of any email from the Website will be investigated and prosecuted to the fullest extent of the law.
4. Proprietary Rights of Content on TheSwingFling.com: The site contains the copyrighted material, trademarks, and other proprietary information of TheSwingFling.com. You may not copy, modify, distribute, transmit, display, alter, perform, reproduce, transfer, resell, or republish any of the contents of the Website without the prior written consent of TheSwingFling.com, which may be withheld in its sole and absolute discretion.
5. Content Posted on the Site/CDA: The Website contains several message areas (collectively, the "Forum and Chat Areas") in which Website members may express their opinions, share their ideas, and generally communicate with other Website members. TheSwingFling.com does actively monitor the Message Areas, and does not endorse any information or any opinions that may be posted in the Message Areas. TheSwingFling.com reserves the right to block and /or remove any abusive or non-compliant Website member from using any of the Message Areas.In addition, you warrant that you have waived all rights in any materials that you upload to the Message Areas or to any other area of the Website. You shall not upload, distribute or otherwise publish through the Website any information that is defamatory, obscene, abusive, libelous or slanderous, or otherwise violates any law. TheSwingFling.com cannot review all of the information posted by Website members, and shall be considered to be, merely a common carrier of any uploaded material on the Website. You agree that TheSwingFling.com is not responsible for any content of any message or posting on the Website by any third party. Any information or advice contained on the Website, is solely for the personal, non-commercial use of Website members. You shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, on TheSwingFling.com Site. TheSwingFling.com reserves the right to delete or edit Website information for any reason, including but not limited to violations of the terms and conditions of this Agreement. Users shall remain solely responsible for the content of their messages. You shall use the Website at your own risk. You agree that you shall be responsible for any communication, direct or indirect, face-to-face or otherwise, that you may undertake with any other member of the Website. You acknowledge that TheSwingFling.com has not personally met any of its Website members, and is not responsible for the intentional or unintentional actions of such members. If you believe that certain posted information on the Website is false, or you have any questions concerning the Website, you may contact TheSwingFling.com at: Email: Admin@TheSwingFling.com
6. Cancellation Policy: A member may choose to cancel his/her membership at any time, for any reason, by sending an email declaring his/her desire to be cancelled and removed to Admin@mwcalt.com. Unless the member does this, any recurring payments will be continue to be collected, whether the member continues to use our services or not, and will not be refunded, pursuant to our refund policy. We may choose to cancel any membership, at any time, for any reason, without notice. If a member lapses in paying his/her monthly membership fee, his/her account will be terminated. If a member violates any of our Terms of Service, his/her account will be terminated.
7. Refund Policy: Our refund policy allows for strictly NO REFUNDS on any month of membership for which a member has had access to the TheSwingFling.com website, irregardless of the amount of time that member had access for that paid membership period. ALL MERCHANDISE/NOVELTIES ARE NON-REFUNDABLE, NON-RETURNABLE DUE TO THEIR NATURE -ALL SALES FINAL.
8. Copyright Policy: Except where otherwise expressly noted or as noted below, all of the contents of the Website, including the graphics, icons and overall appearance of the Website, are the sole and exclusive property of TheSwingFling.com. The posting of the Website neither constitutes a waiver of any of TheSwingFling.com's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the website user or to any third party. The contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any contents you obtain from the Website. You agree to abide by any and all additional copyright notices, information, or restrestrictions contained in any part of the Website. Except where otherwise noted herein, the copying or storage of any of the Contents from the Website is expressly prohibited without prior written permission from TheSwingFling.com.
9. Limitation of Liability. In no event will TheSwingFling.com or its subsidiaries, affiliates, contractors, or employees be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under a contract, negligence or any other theory of liability, arising in connection with any party's use of the Website, any party's reliance on the content contained in or through the Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data,or loss of use related to this Website or any website operated by any third party, even if TheSwingFling.com is aware of the possibility of such damages. If your use of this Website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. In no event shall TheSwingFling.com's collective liability for any and all causes of action(s) or claim(s) arising from your use of this Website exceed one-hundred dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above might not apply to you.
10. Severability: To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
11. Indemnification. You agree to indemnify and hold harmless TheSwingFling.com, its affiliates and its respective directors, officers, employees and agents from and against all claims, fees, costs and expenses (including attorneys' fees) that arise out of your use of the Website, or your breach of any of the terms and conditions described herein.