Welcome to www.Local-Swingers.co.uk, the service
for adults to meet each other online operated by E-Shell Internet Limited (‘www.Local-Swingers.co.uk’ or ‘we’ or ‘us’), a company registered
in England and Wales (Company No. 05911339) whose registered office
is 41 Thompson Avenue Colchester Essex CO3 4HW. WARNING: This
website contains adult material. You must be at
least 18 years old to register on www.Local-Swingers.co.uk. Access by any one under the age of
18 is strictly prohibited.
Please read these terms and conditions carefully, they contain important
information about your rights and obligations. You can print out these terms
and conditions by clicking on the print icon on your browser.
read these terms and condition carefully before attempting to subscribe to
www.Local-Swingers.co.uk (the ’website’).
1.2 You may not post any naked photographs
where the person appears to be under the age of 18. Members are also
governed by the laws of their country and must not enter into any act which
would be considered illegal by such laws.
You may not post any material considered to be "extreme" or "violent" pornography as per Section 63 of the
UK Criminal Justice and Immigration Act 2008
1.3 You may not permit any party to appear on
the webcams who appear to be under the age of 18.
1.4 By clicking on the ‘I Accept’ button at the bottom of these
terms and conditions and subscribing you agree to be legally bound by these
terms and conditions as they may be modified and posted on our website from
time to time.
1.5 We will remove without
reservation if we believe the photograph is unlawful or the we have reasonable
grounds to believe the person is under 18.
1.6 We reserve the right to remove the photographs and ban you
from the service.
you do not wish to be bound by these terms and conditions then please leave the
1.8 Please note that our
website is available only to individuals that can form legally binding
contracts under applicable law. The contents of our website are aimed at users
aged 18 years old and above. If you do not qualify, please leave our website
2. Our Service
2.1 www.Local-Swingers.co.uk is a website dedicated to adult
swinging. There is no charge to register as a member of this website. On this website
you’ll find a a forum message system, photograph display system, website camera
(webcam) facility, a live chat room, and information on all matters relating to
swingers across the UK.
2.2 We cannot guarantee that each member is 18 years old or older.
3. Access to
3.1 Subscription to www.Local-Swingers.co.uk
is free. Payment is required when you wish to upgrade your account and have
unrestricted access to the whole site. When we accept your details we grant you
a non-exclusive, non-transferable licence to use the services on our website
(the ‘Services’). This licence to use our Services is granted on the terms and
conditions of this Agreement. All content uploaded by users to our website will
be referred to as ‘Material’.
3.2 In relation to the service, please read the Acceptable Use
Policy, but note that you are permitted to do the following:
3.2.1 You may:
(i) display materials electronically on a single computer to one
(ii) download and store one
copy of the Materials readable form; and
(iii) print one
copy of the Materials.
3.2.2 You may not:
(i) download, store, reproduce, transmit, display, copy, distribute
or use Materials other than in accordance with sub-clause 3.2.1 above;
(ii) sub-license, rent, lease, transfer or attempt to assign the
rights in the Materials to any other person;
(iii) make the Materials available on a network;
(iv) use the Materials in any manner, or transfer or export the
Materials or any copies into any country, other than in compliance with
applicable laws; or
(v) allow any other person to use the Materials other than in
accordance with the terms and conditions.
(vi) You accept that are responsible for the confidentiality and use of
your username and password, and agree not to transfer or re-sell your account
to any third party. If you believe your account is no longer secure you must
immediately change your password, which can be done in the ‘my account’
3.3 The Materials are presented solely for your private, personal
and non-commercial use, and may not be re-sold.
3.4 We may terminate or suspend your use of the Service at any
time if you are found in breach of any of these terms and conditions.
4.1 To access the Service we require payment by credit / debit card, cheque or
postal order. Couples and single female members can make payment for 1
month, 3 months, 6 months or 12 months subscription. Single male members can
make payment for 3 months and 12 months subscription only. Your credit card will not be automatically debited to renew
your membership, your account will simply
downgrade until you make another payment if you so wish.
4.2 Please note that if
you cancel the subscription service and you are a monthly subscriber you MUST
first cancel the payment before cancelling the service. Failure to do so will
result in your account continuing to be charged and there will be no right to a
is entitled to refuse any subscription request placed
by you. If your upgrade request is accepted,
we will confirm acceptance to you by online electronic means (‘Confirmation’)
to the e-mail address you have given us on registration.
4.5 We reserve the right
to obtain validation of your credit or debit card details before providing you
with any Service.
4.6 We do not refund any of the upgrade fees.
5. Warranties and Returns
(a) we have
a right to license the Materials to you; and
(b) we will
provide the Service with reasonable skill and care.
you have any complaints, you should direct them to us via e-mail we will respond
within 72 hours.
warrant that at all times you will comply with the Acceptable Use Policy and
Chat Room Rules. These can be found on the website on entry to the service.
We reserve the right to make changes or corrections,
alter, suspend or discontinue any aspect of the Service, including your access
to it. Unless explicitly stated to the contrary any new features will be
subject to these terms and conditions. Please note that although we try to
ensure that the content of our website and/or the Service is accurate, it our
website and/or the Service may contain typographical errors or other
7. Information you provide
following applies to any information you provide to us, for example, during any
registration or subscription process:
7.1.1 You authorise us to use, store or otherwise
process any personal information which relates to and/or identifies you,
including, but not limited to, your name and address, to the extent reasonably
necessary to provide the service which are available through our website by us.
7.1.2 You must ensure that the personal Information
you provide is accurate and complete and that all registration details where
applicable contain your correct name, address and other requested details. For
more information about how we deal with your Personal Information, please read
note your information will NEVER be used by sold to third party unless the
business is sold. We will never use any
information you give us for anything other than for administration purposes,
helping you to make the most of it. Access to your photographs and to the forum
sections of the website can be controlled by you. This will ensure anonymity.
We advise you to set up your controls to ensure no one spam your e-mail
are used to provide anonymous
statistics on webtraffic to our website.
You are solely responsible in all respects for all use of and for
protecting the confidentiality of any username, e-mail verification and
password that may be given to you or selected by you for access to the Service.
You may not share these with or transfer them to any third parties. You must
notify us immediately of any unauthorised use of them or any other breach of
security regarding our website that comes to your attention.
9. Applicability of online
website is controlled and operated by us from our offices in the UK. Where
Materials published in the Service are supplied by third parties, you
understand that we do not control or endorse their contents in any way. All
Materials which are offered by third parties, are published in good faith but
we do not (to the extent permitted by applicable law) accept responsibility for
the accuracy or otherwise of those Materials (on or off-line) and the use of
those Materials. You assume total
responsibility and risk for your use of the Materials and the Service.]
have used our reasonable endeavours to ensure that all Materials comply with UK
laws. However, we make no representations that the Materials and the Service
are appropriate or available for use in locations outside the UK. Those who
visit our website from other locations do so on their own initiative and are
responsible for compliance with all applicable laws. If use of our website
and/or viewing of it, or use of any material or content on our website or
services, or products offered through our website are contrary to or infringe any
applicable law in your jurisdiction(s), you are not authorised to view or use
our website and you must exit immediately.
9.3 We make no warranties, express or implied that making the
Materials and the Service available in any particular jurisdiction outside the
UK is permitted under any applicable non-UK laws or regulations. Accordingly,
if making the Service, the Materials or any part available in your jurisdiction
or to you (by reason of nationality, residence or otherwise) is prohibited, the
Service or the relevant Materials are not offered for subscription by you. You
accept that if you are resident outside the UK, you must satisfy yourself that
you are lawfully able to subscribe to the Service. We accept no liability, to
the extent permitted by applicable law, for any costs, losses or damages
resulting from or related to the access or attempted access of the Service by
persons in jurisdictions outside the UK or who are nominees of or trustees for
citizens, residents or nationals of other countries.
10. Intellectual Property Rights
materials on the website are protected by copyright and are protected under
treaty provisions and world-wide copyright laws. All rights reserved to E-Shell
Internet Limited. Materials may not be reproduced, copied, edited, published,
transmitted or uploaded in any way without E-Shell Internet Limited’s written
permission. Except as expressly stated in the limited licence provisions in
this Agreement, E-Shell Internet Limited does not grant any express or implied
right to you under any of its trade marks, copyrights or other intellectual
property or proprietary information.
11. Linked Websites
We make no representations whatsoever about any
other websites which you may access through the Service. When you access any
other website you understand that it is independent from us and that we have no
control over the content or availability of that website. In addition, a link
to any other website does not mean that we endorse or accepts any
responsibility for the content, or the use of, such a website and shall not be
liable for any loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any content, goods or services available
on or through any other web or resource. Any concerns regarding any external
link should be directed to its website administrator or webmaster.
12. Service Access
we endeavour to ensure that our website is normally available 24 hours a day,
we do not guarantee that it will be uninterrupted or error free. You must not
attempt to interfere with the proper working of the Service and, in particular, you must not attempt to circumvent
security, tamper with, hack into, or otherwise disrupt any computer system,
server, website, router or any other Internet connected device.
13.1 Nothing in this condition shall exclude or limit E-Shell
Internet Limited’s liability for (i) death or personal injury caused by
negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any
liability which cannot be excluded or limited under applicable law.
13.2 E-Shell Internet Limited will
not be liable or responsible to you or any third person for any amount or kind
of loss or damage that may result (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption of any type, and whether
in tort (including without limitation negligence), contract or otherwise) in
connection with the service or this website in any way or in connection with
the use, inability to use or the results of use of this website.
limitations and exclusions in this condition do not affect your non-excludable
statutory rights only apply to the extent permitted by applicable law.
14.1 We may assign, transfer, novate or subcontract any or all of
our rights and obligations under these terms and conditions at any time.
14.2 We may alter these terms and conditions from time to time and
post the new version on our website, following which all use of the Service
will be governed by that version.
the subscription request form and payment method instructions, if any, are the
whole agreement between you and us. You acknowledge that you have not entered
into this agreement in reliance upon any statement, warranty or representation
made by us and or any other person and you irrevocably and unconditionally
waive any rights to claim damages and/or to rescind these terms and conditions
by reason of any misrepresentation (other than a fraudulent misrepresentation)
and payment method instructions.
14.4 If any provision or term of these terms and conditions shall
become or be declared illegal, invalid or unenforceable for any reason
whatsoever, such term or provision shall be divisible from the other terms and
conditions and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of our website are
governed by English law and you submit to the non-exclusive jurisdiction of the
14.6 Except in respect of a payment obligation, neither you nor
Company Name will be held liable for any failure to perform any obligation to
the other due to causes beyond your or our respective reasonable control.
14.7 Failure or delay by either party enforcing an obligation or
exercising a right under these terms and conditions does not constitute a
waiver of that right or remedy.
14.8 These terms and conditions do not confer any rights on any
person or party (other than you and/or us) pursuant to the Contracts (Rights
of Third Parties) Act 1999.]
These terms and conditions replace all other terms and conditions
previously applicable to the provision of the Service.
1.2 Local-Swingers.co.uk dated 01 September 2012