1. Introduction. This Agreement
is a legal document which sets out your rights and obligations, and those of
Local Swingers also referred to as ("we" or "us"), in relation
to this site and the services offered by Local Swingers through it (the "Local
Swingers Service"). By registering for the Local Swingers Service, you
agree to the terms of this Agreement, and you re-affirm that agreement every
time you use it. Visitors to the Local Swingers Service who do not register
to become a Member (see 2 below) similarly affirm that they are bound by this
Agreement each time they access the Local Swingers Service. You should be aware
that this Agreement may change from time to time in accordance with Clause 23
2 Types of membership. People
who register for the Local Swingers Service become "Members". They
must be at least 18 years of age. The Membership divides between those who decide
to pay our fee for a full annual membership (which we call "Full Members"),
and those who do not ("Basic Members").
As well as being able to browse the Local Swingers Service like any visitor
to it, Basic Members may:
- post their name or alias
and some other details in the profiles page and other editable pages on the
Local Swingers Service;
- receive messages, using internal mail system with optional mail notification
which will be sent to the email address contained in My Account (which are provided
during Registration and may be updated subsequently), sent by Full Members;
- reply to messages received
from other member using our internal mail system.
- upload photos up to a
maximum space allocation of 1MB.
- send messages using mail
credits purchased subject to availability
In addition to the facilities available to Basic Members, Full Members may:
- send messages to both
Full and Basic Members using the internal mail system;
- post to message boards
which may be available on the Local Swingers Service;
- upload photographs up
to a maximum space allocation of 10MB;
- use the Local Swingers
Live Chat Room service
- Full Members registered
as a Couple, or Single Female may post to Swingdate
We are not an internet service
provider, however. In order to use the Local Swingers Service, you must have
internet access and all the software (and skills) required for email and web
3 Important Note: Full Membership.
If you decide to become a Full Member, and therefore pay our Full Membership
fee, you are agreeing to take the Full Membership we make available to you shortly
after that fee is paid. You will not be entitled to any refund of that fee.
Your Full Membership will last for the set period purchased as advertised. If
you wish to continue with Full Membership after the expiry of that period, we
will enable you to do so, at our then-current terms and prices. But please note
that we reserve the right to change the amount of the fee for Full Membership,
the period which it covers, the services which it enables you to obtain and
other factors from time to time. However, these changes, unless they are changed
under Clause 8 or Clause 9 below, will not affect your then-current Full Membership.
4. Registration. You undertake
to register for the Local Swingers Service using accurate and current information
about yourself – including your correct name, address and any other requested
details. You also undertake only to add yourself to a location on the Local
swingers Service which you live within 30 miles, are currently visiting, or
plan to visit in the future. It is the user’s responsibility to maintain
accurate information regarding their contact, and location details. If you are
asked for, and provide, details of a credit, debit or charge card; in that event,
you must ensure that (a) you are fully entitled to use that card, and (b) it
has available funds sufficient to cover the charges which are deducted from
it. As part of the registration process for the Local Swingers Service, you
will receive a verification email, the purpose of which is to take reasonable
steps to ensure that the email address you have nominated during registration
is controlled by you. That email contains simple instructions which you must
policy of Local Swingers forms part of this Agreement, and by agreeing to this
Agreement, you also give your consent to the way we may handle your personal
data in that policy. Given the global nature of the World Wide Web, any posting
on the Local Swingers Service (including any which contain personal information)
is, of course, accessible to internet users around the world.
The following information
given during the registration, or upgrade process, will not be made available
to other members or third parties unless we are legally required to do so:
- Login Name
- Email Address
- Your Name
- postal address
6 Local Swingers Role. You, whether you are a Member or just a non-Member who
visits the Local Swingers Service, acknowledge that we are not and cannot be
responsible for the behaviour of Members - whether on the Local Swingers Service
or outside of it. We only provide a venue where the Local Swingers Service may
be accessed. In particular, you should be aware that Local Swingers does not
pre-screen or monitor the material contributed by Members.
7 Additional services. Local
Swingers may offer new or additional services through the Local Swingers Service
from time to time. Your use of those services may be subject to additional terms
and conditions, or rules of use, which you must comply with. Provided that those
terms or rules are notified to you on the Local Swingers Service in an appropriate
manner (as determined by Local Swingers in its reasonable discretion), any failure
by you to comply with a material provision of the terms or rules governing those
services will amount to a breach of this Agreement.
8 Operation of Local Swingers
Services. Local Swingers reserves the right to withdraw or modify one or more
aspects of the Local swingers Service where we have legal or technical reasons
to do so (including technical difficulties experienced by Local Swingers or
on the Internet). There may also be times when the Local Swingers Service becomes
unavailable, whether on a scheduled or unscheduled basis. For security or other
reasons, we may require you to change password or other information which facilitates
access to the Local Swingers Service.
9 Misuse of Local Swingers
Services. We reserve the right (a) to suspend or terminate any Member’s
access to the Local Swingers service, or parts of it, and/or (b) to edit, or
require the Member to edit, material posted on the Local Swingers Service, if
the relevant Member or material appears to us to be in breach of any provision
of this Agreement. Any person whose access has been suspended or terminated
must not re-register for, or re-access, the Local Swingers Service without our
prior consent. You are responsible for everything which is done on or through
the Local Swingers Service while your Membership account is logged on to the
Local Swingers Service, or through your email address(es).
10 Relevance. The Local
Swingers Service is intended to be used by its Members for the purposes referred
to in Clause 2 above. Accordingly, Members must not:
- include an email address,
postal address, phone number, the address of any website, or any other information
which is intended to facilitate direct communication, in material which is posted
on the Local Swingers Service – Full Members, and the recipients of their
emails, can share this information, should they wish, once direct contact has
- place material on, or
otherwise use, the Local Swingers Service for any business or commercial purpose;
- use your access to the
Local Swingers Service, or information gathered from it, for the sending of
unsolicited bulk email (sometimes known as spam).
(i) We reserve the right
to provide a free service to all members for a period of up to 12 months following
the launch of the service. We also reserve the right to incorporate a fee based
service within that same 12 month period, should we deem it appropriate.
(ii) You acknowledge that
we are entitled to alter the amount or the basis of the calculation of our fees
from time to time, provided that such amount or basis is clearly stated at the
time when you agree to take the relevant Local Swingers Service.
(iii) Fees paid by a Full
Member will not be rebated or refunded by Local Swingers, unless the Local Swingers
Service for which the Full Member has subscribed is completely withdrawn from
that Full Member by us other than in circumstances permitted under this Agreement.
We may add new or ancillary
services from time to time which require the payment of fees – either
to us or a nominated third party – on terms which will be provided to
you at the time.
12 Prohibitions. You are
responsible for ensuring that no material you post, or which is posted through
a machine on which you access the Local Swingers Service, nor any activity or
communication you make in connection with any Local Swingers Service, will be
capable of (a) infringing the intellectual property or other rights of any person
or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise,
or (c) appearing to be offensive, threatening, obscene, false, unreliable or
13 Alerting Local Swingers.
If you see anything on the Local Swingers Service which appears to infringe
this Agreement, then please contact us to inform us of it by using the "Internal
Mail System" function, or by emailing us. We do not generally monitor material
contributed by Members before it is placed on the Local Swingers Service, and
so we are reliant upon users to point out any which infringes this Agreement.
14 Withdrawal of material
and Termination of Membership. Each Member acknowledges that we are entitled
to withdraw any material on the Local Swingers Service, whether this is based
on information received from Members or others, or our own determination to
be capable of breaching any part of this Agreement, or to bring the Local Swingers
Service into disrepute. However, each user acknowledges that we do not monitor
material which appears on the Local Swingers Service, and that we are reliant
upon you and all users to notify us of anything you see here which appears likely
to breach this Agreement, using the notification techniques which are made available
on the Local Swingers Service.
15 Disclaimer and Release.
Local Swingers has no control over, or responsibility for, the truth or accuracy
of any material available on the Local Swingers Service, whether provided by
Members or others.
- If any third party sites
are linked to, or from, the Local Swingers Service, this does not mean that
we endorse or have any responsibility for the site in question or anything which
appears on it.
- You should exercise no
lesser degree of caution in appraising what you see on the Local Swingers Service
than you do offline.
- Even though Members are
prohibited from doing so, people may provide information, or otherwise behave,
in a way that is unreliable, misleading or even illegal. Further, you should
note that people may not necessarily be who they say they are.
- Your use of the Local
Swingers Service is entirely at your own risk.
Accordingly, to the extent
that the law permits, you release Local Swingers, its directors, contractors
and employees, from all liability arising out of or in connection with the Local
Swingers Service and the material included here by Members and other third parties.
16 Intellectual Property.
You acknowledge that all copyright, trade marks, and other intellectual property
rights in and relating to the Local Swingers Service (including the material
which is contributed by Members) are owned by Local Swingers. It is easy to
copy material which appears on web-sites, but this does not mean it is legal.
Therefore, no-one may copy, distribute, show in public or create any derivative
work from the Local Swingers Service, or any of the material which is found
on the Local Swingers Service unless properly licensed to do so by us.
By submitting any material
to the content of the Local Swingers Service, you:
- are representing that
you are fully entitled to do so;
- grant us a non-exclusive,
royalty-free, non-terminable licence right to copy, modify, distribute, show
in public and create derivative works from that material in any form, anywhere;
- authorize us to adapt
the relevant material in the course of doing so, and so waive your moral rights
to object to any derogatory treatment, or to be identified as the author, of
the material in question.
17 Excluded loss. We will not be liable to you or any third party for any indirect
or consequential loss or damage, or for any loss of data, profit, revenue or
business, howsoever caused (whether arising out of any negligence or breach
of this Agreement or otherwise). Local Swingers will also not be liable for
any failure to perform its obligations under this Agreement caused by matters
beyond its reasonable control.
18 Maximum liability. Without
limiting the preceding Clause, during any period of twelve months, the aggregate
liability of Local Swingers under this Agreement (whether arising in negligence
or otherwise) will not under any circumstances exceed the greater of (a) £5,
or (b) an amount equal to the sums paid by you to us by way of Full Membership
fees during the relevant period of twelve months, regardless of the cause or
form of action.
19 Non-excluded Liabilities.
Nothing in this Agreement limits Local Swingers liability for death or personal
injury resulting from our negligence, or any other liability which may not by
law be excluded. Any statutory rights you may have as a consumer remain unaffected.
20 Indemnity. You agree
to indemnify us against all liabilities, claims and expenses that may arise
from any breach of this Agreement by you or through a machine on which you access
the Local Swingers Service.
21 Assignment. We reserve
the right to assign this Agreement, and to assign or subcontract any or all
of our rights and obligations under this Agreement. You may not without the
written consent of Local Swingers assign or dispose of this Agreement.
22 Entire Agreement. This
agreement between us and you concerning the Local Swingers Service and they
replace all earlier agreements and understandings with you, except for any fraud
or fraudulent representation by either of us. A person who is not a party to
this Agreement has no right under the Contracts (Rights of Third Parties) Act
1999 to rely upon or enforce any term of this Agreement.
23 Changes to this Agreement.
Local Swingers reserves the right to change this Agreement from time to time,
and post the new version on the Local Swingers Service. When we do so, we will
notify you of the fact that there are changed terms on the main screen (http://www.local-swingers.co.uk),
and the new version of these terms and conditions will take effect, and will
govern all Local Swingers Services and your relationship with Local Swingers:
- commencing four weeks
after the date of posting (or such later date as Local Swingers indicates in
the relevant posting), if any of the changes is to an operative provision of
this Agreement which is capable of adversely affecting you; if you do not wish
to be governed by the new version of the Agreement, you may notify us on or
before the date when the new version of the Agreement is to take effect, and
from that date you must cease to use the Local Swingers Service; or
- immediately upon the date
of posting (or such later date as Local Swingers indicates in the relevant posting),
if the changes are not to operative provisions, or not capable of adversely
affecting you - examples of which would include, without limitation, changes
to one or more of Local Swingers addresses or email addresses referred to in
24 Severability. In the
event that any term of this Agreement is held to be invalid or unenforceable
by judicial decree or decision, the remainder of this Agreement shall remain
valid and enforceable.
25 Law. This Agreement shall
be governed by and construed in accordance with the laws of England and Wales.
26 Contact. You can contact
us by emailing firstname.lastname@example.org or by mail to:
Eshells, PO Box 9262, Colchester, CO1 9AW