INTRODUCTION
and AGREEMENT
This service is provided by
Tech-Style ("Swing Central"). This service
provides a forum for people to meet and communicate with
each other online. It is intended only for entertainment
purposes. Nothing in this agreement should be interpreted
as any warranty or other form of guarantee.
This is a contractual agreement
between you and Swing Central. Please read this agreement
carefully. By registering and observing the terms of this
agreement, you become a licensee of Swing Central. The
license issued by Swing Central permits you, the
"Member," to access the Swing Central and the
use of the online facilities. By completing this
registration you agree to be bound by the terms and
conditions of this agreement for as long as you continue
to be a member. If you do not agree to the terms, please
do not register for the Swing Central service. The terms
of this agreement are subject to change by Swing Central
at any time, effective upon notice to you. Swing Central
reserves the right to cancel your license without notice
for any infraction of the agreement on your part or if
any portion of the service provided becomes unlawful.
TERMS
As a Member, you
acknowledge and agree as follows:
Your
membership is for your sole, personal use.
You may not
authorize others to use your membership, and you
may not assign or otherwise transfer your account
to any other person or entity.
You are solely
responsible for the content of information you
publish or display ("post") on the
service or transmit to other Members.
You will not
post or transmit to other Members or Employees
any item that is defamatory, inaccurate, abusive,
obscene, profane, offensive sexually oriented,
threatening, harassing, racially offensive or
illegal, or any material that infringes or
violates another's rights (including but not
limited to intellectual property rights and
rights of privacy and publicity).
You will not
include in your profile any of the
following items:
telephone
numbers
street
addresses
last
names
Commercial
URL's
E-mail
addresses
Any
information that is solicitous of any
type of product or service
You will not
post any photos containing any personal
information.
Swing Central
reserves the right, but has no obligation, to
reject any profile or photo that does not comply
with these prohibitions.
You will not
engage in advertising to or solicitation of other
members to buy or sell any products or services
through the Swing Central service.
You will not
transmit any chain letters or junk E-mail to
other Members.
You will not
post, distribute or reproduce any copyrighted
material, trademarks or other proprietary
information without obtaining the prior consent
of the owner of such proprietary rights.
You are solely
responsible for your own interactions with other
Members.
Swing Central
reserves the right but is under no obligation or
duty to monitor disputes between you and other
Members.
Your usage of
the Swing Central service must be in a manner
consistent with all applicable state and federal
laws and regulations.
Swing Central
makes no representations about anonymity. While
Swing Central strives to maintain security and
control over any member's personal information
that may be procured and accumulated, Swing
Central makes no representation of security nor
guarantees of anonymity. It should be noted
however that; Swing Central does not sell, share,
or trade it's membership list with any other
service or business enterprise. By execution of
this agreement, you hereby waive any claim or
claims that you may have and hold harmless Swing
Central for any revelation of personal
information.
GOLD MEMBERS
are responsible for paying periodic subscription
fees according to the then-current billing terms.
Subscription fees are non-refundable.
Subscribership
may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform
Swing Central of the following: dual registration
for services by customer; and apparent breaches
of security, such as loss, theft, or unauthorized
disclosure or use of an ID or password. Until
Swing Central is notified, by electronic or
conventional mail, of a breach in security, the
Subscriber will remain liable for any
unauthorized use of the Service and payment for
the remainder of the membership period current at
the time of the notification. Upon request,
Subscribers will be given access to billing
records that support charges for use of the
Service.
Subscription
to the Service may be terminated at any time, and
without cause, by Swing Central upon
notification by electronic or conventional mail,
or by telephone. Subscribers are liable for
charges incurred by them until termination of
service, this includes the total fee for the
remainder of the membership period current at the
time cancellation is requested. It is clearly
stated on the form where users enter their credit
card billing information: "For your
convenience your account will automatically be
renewed, unless you inform us otherwise."
The responsibility to terminate membership is
yours. Subscription fees are automatically
renewed, and therefore automatically credit card
or check debited, at the end of the original term
selected, for a like period of time, unless
proper notice is received from the Subscriber at
least four (4) days prior to renewal. 30 day
membership subscriptions are automatically renewed every 30 days
at the then-applicable monthly rate. 90 day
membership subscriptions are automatically renewed every 90 days
at the then-applicable monthly rate. Shorter period
"Trial" memberships, are automatically renewed as a
30 day membership at the then-applicable monthly rate
upon the expiration of the initial trial period. Such
memberships are then renewed accordingly as 30 day
period membership subscriptions.
Unless and until this agreement is cancelled in
accordance with the terms hereof, Subscriber
hereby authorizes Tech-Style to charge
subscriber's credit card (or other approved
facility) to pay for the ongoing cost of
membership.
Any liability
of Swing Central including without limitation any
failure of performance, error, omission,
interruption, deletion, defect, delay in
operation or transmission, communications line
failure, theft or destruction or unauthorized
access to, alteration of, or use of records,
whether for breach of contract, tortous behavior,
negligence, or under any other cause or action,
shall be strictly limited to the amount paid by
or on behalf of the subscriber to Swing Central
for the preceding 1 month. Some states do not
allow the limitation or exclusion of liability
for incidental or consequential damages, so the
above limitation or exclusion may not apply to
you.
Except for
public domain material and electronic messages,
all material displayed on the Service is
copyrighted by Swing Central and may not be
copied, redistributed, or downloaded, in whole or
in part, without the prior written consent of
Tech Style, unless otherwise clearly stated in
this Agreement.
Swing Central
reserves the right to use as promotional
material, part of or the entirety of any photos,
ads or other graphic and written material
submitted for posting in any area of Swing
Central. No e-mail addresses will be given out in
conjunction with this policy, nor will anyone's
full name be used in any promotional materials.
Swing Central is in no way responsible for the
content of any materials submitted under false
pretenses, and the submittor accepts all legal
responsibility for any actions arising in
response to information or images they supply to
Swing Central.
Except for
public domain material and electronic messages,
all material displayed on the Service is
copyrighted by Swing Central and may not be
copied, redistributed, or downloaded, in whole or
in part, without the prior written consent of
Tech Style, unless otherwise clearly stated in
this Agreement.
You are over
eighteen years of age.
Your State
and/or governing laws you reside under permits
access to sexually explicit material.
You wish to
view sexually explicit material.
You wish to
electronically transfer sexually explicit data
via the Internet (WWW) to your computer for your
own private use.
You agree to
maintain the supplied Username and Password under
your personal control. You further understand
that said Username and Password may not be passed
to any other person, for any reason, at any time.
No material
will be shown or otherwise presented to any minor
under the age of twenty one or the appropriate
legal age in your community.
All material
is for your own personal entertainment and no
commercial license is granted.
INDEMNITY BY MEMBER
You agree to defend, indemnify,
hold harmless, and reimburse Swing Central, its officers,
directors, employees, agents and third parties, from any
losses, costs, liabilities and expenses – including
Swing Central’s reasonable attorney’s fees
– relating to or arising out of your use and
activities while using the Swing Central service,
including any breach by you of the terms of this
Agreement.
MEMBER COMPLAINT PROCEDURE
To resolve a complaint regarding
the Swing Central service, you should contact Swing
Central’s Support Department at scadmin@tech-style.net.
MISCELLANEOUS TERMS
The parties to this Agreement agree
that it shall be binding upon them, and their respective
personal representatives, successors and assigns. This
Agreement contains the final agreement between the
parties hereto, and they shall not be bound by any terms,
conditions, oral statements, warranties or
representations not herein contained. The parties
acknowledge that for any jurisdictional issues that may
arise in the interpretation or enforcement of this
Agreement, this Agreement and any negotiations
considering it, occurred via the Internet but were
consemenated in the Commonwealth of Ohio. It is the
parties understanding and intention that this Agreement
shall be construed under the laws of the Commonwealth of
Ohio and that the court system of the Commonwealth of
Ohio shall have exclusive jurisdiction over any
disagreement that may arise during the pendency of this
Agreement, any interpretation of this Agreement, or any
other matter that may arise between the parties.
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