| Terms of Use |
These Terms of Use are not standard. Please read thoroughly to the end. |
These Terms of Use apply to all those who access this website (the "Site").
Please read these Terms of Use carefully before accessing the Site as a non-registered or registered person. If you
do not agree to these Terms of Use, then You SHOULD NOT continue and should navigate away from the Site immediately.
Acceptance of Membership Terms and Conditions
- If you access, or register with the Site, you will be deemed to have agreed to be legally bound by these
Membership Terms and Conditions.
- We reserve the right to change or update these Terms of Use from time to time (subject to Your termination right).
Updates to these Terms of Use are notified to you via the last updated date that appears next to the link to them,
which is displayed at the bottom of every page. You should review these regularly.
- You will not use the material on this website outside of the permissions mentioned within.
- The proprietors,
("Us", "We", "Our"), of this website accept no responsibility or
liability for any circumstance that may arise as a result of anything stated or inferred, in, or from, the content of
the pages within this website or it's use.
Age of Consent
- You must be 18 years or over to access the Site. If We discover or have any reason to suspect that you are not
over 18 years of age, then We reserve Our right to suspend or terminate your Membership to this Site immediately and
without notice.
Password Member Name and Security
- Upon registration you will select a password and username that you can use to access your Member Account and
Profile and to log on to the Members' areas of the Site.
- You are responsible for maintaining the confidentiality of your password and username and are responsible for all
activities that occur under them. We do not have the means to check the identity of people using the Members' areas of
the Site and will not be liable where your password or username are used by someone else. Any loss or any such use
will be deemed to by you and you will be responsible, (and liable) for such use.
- You agree to notify Us immediately of any unauthorised use of your password or nickname or any other breach of
security of which you become aware.
Your Warranties
You warrant that:
- You will only use this site for legal purposes.
- You are of legal adult age as defined by the country or state from where you are accessing this website.
- You are accessing this website from a country or state where it is not illegal to enter adult websites, view
sexually explicit and/or pornographic material.
- You are not offended by nudity, sexual imagery or any adult sexual activity.
- You will not permit any minor, or other person for who it is illegal, to see material that exists within this
website.
- All information and details provided by you to Us, (including on registration as a Member), are true, accurate
and up to date in all respects and at all times.
- You will comply with these Terms of Use including, without limitation, the restrictions relating to acceptable
use as set out below.
You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to
same) made by a third party in respect of any matter in relation to, or arising from, your use arising from any
breach of these Terms of Use by you or your violation of any law or the rights of any third party.
Acceptable Use
Copyright and Other Intellectual Property Rights
- Your use of the Site grants no rights to you in relation to copyright, trade marks or other of Our intellectual
property rights or the intellectual property rights of third parties.
- You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit,
commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site
except for your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of
this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is
made.
Limitation of Liability
- Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they
have been brought to Our attention, We do not warrant that the Site will be available, uninterrupted and in a fully
operating condition nor that the information on and provided via the Site will be free from errors or omissions.
- Access to this Site and its contents may be suspended temporarily and without notice in the case of system
failure, necessary maintenance or repair or for reasons beyond Our control.
- Save that nothing in this paragraph shall restrict Your statutory rights (including Your right to receive a
reasonable standard of service), all content and services on this Site are provided on an 'as is' and 'as available'
basis. We do not make any representation or give any warranty in respect of the Site or its content, including,
without limitation information provided by or regarding other users. We can not vet all Member profiles and entries to
ensure that they are appropriate or correct. Any decision made or action taken by you on the basis of information
provided on or via the Site is at your sole discretion and risk.
- Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or
otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability,
completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other
harmful programs of the content contained in or accessed through this Site.
- We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort
(including negligence) or otherwise, arising in connection with any use by you or other users of the Site that is in
contravention of these Terms of Use or is not directly attributable to Our negligence.
- Nothing in these Terms of Use shall exclude or limit Our liability for death or personal injury caused by Our
negligence, (or that of our agents) or for fraud.
Security and Privacy
- Your security and those of all Our Members is very important to Us. Please read Our Privacy
Policy for important information regarding the use of Your personal data and Your rights in relation to this.
General
- We shall not be liable for any failure for any suspension, or termination of access to the Site or any content
arising out of a force majeure event. A force majeure event shall include, without limitation, failure of
infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes,
lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
- If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law
then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be
severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and
continue to be binding and enforceable.
- These Terms of Use shall be governed by and interpreted in accordance with the laws of England. Disputes arising
in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Any sexually explicit materials found on the Site were produced and provided by third party advertisers or content
providers and are merely being distributed by AW Systems International Ltd via the Site. Any record keeping
requirements imposed by law with respect to such materials, including pursuant to Section 2257 of Title 18 of the
United States Code, are the responsibilities of the respective producers of such materials.
SwingFree.co.uk specific:
- You may not use this website to solicit business from any member for your own agency, co-operative or any other
business activity whether advertised as being offered or not. This includes inviting members to join you etc..
If off topic emails are reported, they will be investigated and will most likely result in the deletion of the
offending member's details. Off topic, unsolicited emails will not be tolerated.
- We will not enter in to correspondence in relation to moderated ratings. False ratings may result in both members
being deleted.
- Credits purchased are not transferable and full refunds will be considered on a case by case basis. Should you
wish to contact us regarding any credits purchase matter or refund, click here.
- Transferring credits to your bank account will be subject to an Administration and Marketing Fee of 30%.
This helps us keep many features of this website free. Additionally the fee contributes towards our operational
costs, fees for accepting credit card payments, sales & marketing expenditure and hosting charges. This percentage
charge may change at any time without prior notice.
- Members are permitted two profiles which includes one couple profile and one solo profile. Members found abusing this system with more than one profile will be subject to whatever action deemed fit by us.
- Links to executables diallers or other sites not related to the members profile will be removed and may result in
immediate deactivation.
- Members are only permitted to link to other Swinging Sites (as long as one of the SwingFree.co.uk banners are displayed) or a profile you have created on AdultWork.com or GaySwap.com. Links to escort sites, escort directories or webcam sites are not permitted.
- All links must link to a site that displays one of the SwingFree.co.uk Banners.
- All accessible pages, HTML, JavaScript and images, whilst not necessarily the property of the proprietors, may not
be copied or linked to without prior permission. This excludes links to profiles as long as they are linked to
using one of the URLs displayed at the bottom of each profile page.
- You must be fully entitled to upload all photos, movies and other content you upload on the Site. Any members who
remove identifiable images or content whilst pending transfers are in existence, will forfeit credits accumulated
should there be any question as to the authenticity of the profile.
- The photos and movies you upload must feature you, have been filmed by you and/or legally belong to you. Movies or
photos uploaded that have been obtained from other sources will not be accepted and will result in loss of credits.
Movies or photos featuring children or animals or that make references to incest or rape will not be accepted and authorities will be informed. Credits will
only be accrued for a movie after it has been viewed twice in any one day. Only one free movie is allowed per
profile/library. The amount of credits charged must not fall below the specified minimum per megabyte value. The
current thresholds can be viewed here. Any movies for which you set a price of zero, may be used as promotional material to promote this
website only.
- The following items may not be advertised on this site:
Premium rate phone numbers or adult chat line numbers are not permitted in profiles, auto-responses or email
signatures.
- Registering on this site will automatically opt you in for receiving periodical, topical emails and SMS messages
to your phone. If you do not wish to receive any emails or SMS messages from the Site or it's agents do not register.
- Webcam providers may not list email addresses or IDs for Windows, MSN or Yahoo Messenger programmes in their
profiles, auto-responses or signatures. All webcam bookings arranged with visitors to SwingFree.co.uk must be
conducted using SwingFree.co.uk Credits using the DirectCam and DirectChat system.
- All members are expected to operate in an open, fair and proper manner. Persons abusing the payment mechanisms or
credits system, (which includes setting up false profiles and accruing credits fraudulently) or those found moving
credits around between members (for services/galleries that have been set-up
obviously to try and defraud other members or the system), will be subject to whatever action is deemed fit by
us and will most likely result in deactivation and loss of credits accrued.
- Any SMS messages that you send to this site via our short code, or in reply to a message that has originated from
the site will be charged to your mobile phone bill at your standard text message rate as defined in your mobile phone
contract.
- It is not permitted to copy other people's profiles. Be original with your text. Anyone who has obviously
copied text or images from another member's profile will be deactivated.
- Telephone numbers and Links/URLs to other websites are not permitted in Profiles or any content displayed thereon.
If you wish to display URLs, please use the Manage Links button within your Edit Profile Page. This
condition of use applies to your Nickname, Profile Summary Field, Details Field, Interview Responses; Pictures
(including blog & movie thumbnails), Picture and Movie titles and descriptions, and Email Auto-response.
Images may be watermarked with a copyright message referencing a legal entity only, such as a persons name or company,
not website URL. Evidence of name registration may be required.
- Any image or movie you upload to this Site may be automatically watermarked with the Site's name or URL.
- Email addresses may not be entered in your Profile Details, email auto-response, email signature, blogs and/or
within the titles of images and movies.
- Home addresses, premise addresses or any other form of postal address may not be entered in your Profile Details,
email auto-response, email signature, blogs and/or within the titles of images and movies.
- Your advertising and any communication or promises made to your potential contacts must
always be within the law. Any advice published is purely advisory and in no way represents an offer inferred or
implied, and SwingFree.co.uk accepts absolutely no responsibility for the actions of individuals. Any complaint of financial improprietory, false representation, misleading advertising
e.g. representing one's self as a bona fide member of SwingFree.co.uk will result in your membership being terminated and loss of any revenues without
compensation.
- Pay-Per-View Pictures: Misleading titles/descriptions will most likely result in deactivation and loss of
credits. All pictures uploaded must be at least 400 pixels wide or tall. Increasing the amount of white space or
padding around an image to increase it to this size is not permitted. If you have less than 5 pictures in your Pay-Per-View Gallery the price will automatically be adjusted back to the minimum of 0.5 credits
- Credits can be
transferred to ePassporte account holders in USD once 30 credits have been accrued. Credits may be requested in
the form of a cheque/check in a range of currencies and posted to anywhere in the World for amounts over 50 credits. Credits may be requested to your Bank Account in the form of a European Standard Payment Request providing that your account accepts such payments (if your European Bank Account is eligible it will have a BIC and IBAN number) once a minimum level of 150 credits has been accrued.
- In the event any member not being able to satisfactorily view a movie (Freeview or pay per view), we request that
you advise us via the Help Centre within six hours. Reports of problems beyond the six hour period will not be
included in our policy of a refund or despatch of the movie via email.
- Removing/deleting and re-uploading content that has previously been uploaded in an attempt to increase exposure to
your profile is not permitted.
- Any textual information you enter on to, or exchange with the site or it's members via the site must be written in
English. Your profile, email response/signature may not be written in a language other than
English.
- Any fraudulent credit activities will result in your account and all credits being suspended pending our
investigation. We reserve the right to:
a) suspend accounts indefinitely; and
b) freeze credits for a period of up to 120 days.
If you are later determined to be entitled to some or all of the credits, SwingFree.co.uk will release
those credits to you (subject to the minimum balance for withdrawal).
- If, after self deactivation, you do not:
a) reactivate your account within one month; and
b) request that any funds be transferred from your Account within two months (subject to the minimum balance for
withdrawal)
then your funds will automatically be forfeited.
- If, after making a credits transfer request, should there be any question as to the authenticity of your profile,
and if you:
a) remove any identifiable images or content or
b) fail to provide identification upon request
those transfers will become void and and any credits accumulated will be forfeited. The Webmasters decision on this
will be final.
- Marketing & Promotions - We reserve the right, from time to
time, to offer promotions in order to attract new members and to help build traffic.
We reserve the right to offer limited free previews of private galleries and movies in any such marketing,
promotion or campaign. With the exception of Affiliate Promotion Pages, any content you have uploaded to this Site
will not be displayed on any other website by us, unless you have elected to allow your profile (in whole or in part)
to be used for advertising SwingFree.co.uk both online and offline (print, mail & TV). Any content you have uploaded
to this site will not be displayed on any other website by us. Should any of your uploaded content appear on
other websites, you should pursue the issue with the website owner.
- The forms and
input fields on this website may only be used for their intended and designed purpose. Anyone found to be
misusing a form or entering information that specifically contradicts the purpose of the field or containing form,
will be subject to whatever action is deemed fit by the webmaster and may result in closure of your profile and loss
of associated credits.
- Your profile, email auto response and email signature may not be used to entice or encourage members to your own website in order to avail themselves of information that is available or chargeable for display on either Swingfree, Adultwork or Gayswap as part of a paid for service (e.g. telephone numbers, email addresses or Instant Messenger IDs)
- For the benefit of the membership, it is not permitted to redirect other members (via profiles, email auto response, email signatures or in correspondence) to any sites that offer direct competition with SwingFree, AdultWork or GaySwap. This includes, but is not limited to, auctions, movies, digital images, webcam or phone chat services. SwingFree.co.uk is a club where members are expected to operate openly and honestly.
- Members that do not login for a period of 60 days will be automatically suspended. No restriction will be placed on them reconfiguring their preferences should they revisit the Site.
- Please refrain from using phrases such as "Verified", "Recommended"
or "Official" within titles, profiles or sale items as this can appear as misleading to members. If you have
uploaded a verification photo, we make no warranties or guarantees that the picture is of the person(s) advertising or
appearing on the profile page. The verification photos are to enable customers to make their own judgment as to the
authenticity of the profile.
- DirectCam is for the provision of live interactive (text, audio &
video) adult themed services, broadcast from a webcam and/or microphone via the DirectCam Platform to visitors to the
Site. Any member found to be abusing this basic usage definition by way of spamming, advertising other websites
or services, posting off topic messages or banners, or using images to misrepresent their status or offering will most
likely be deactivated. Members are reminded that SwingFree.co.uk is a club where members are expected to operate
openly and honestly.
- Swingfree.co.uk is a Site which has been set up for genuine adult swingers. It is not permitted to create profiles on Swingfree.co.uk solely to obtain credits for the sale of images and movies, DirectChat and DirectCam. If you wish to create a commercial profile, please register at www.adultwork.com and/or www.gayswap.com.
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