1.1 Eligibility. You must be eighteen years of age or over to register as a Member of or use this Site. Membership to the Site is void where prohibited by law. As a member, you agree and guarantee that you have the right, authority, and capacity to agree with these terms and will abide by all of the terms and conditions of this Agreement, that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any state or country where 18 is not the age of majority) and wish to have access to Adult oriented material. The materials available within this Site may be of an adult nature and should not be accessed by anyone who is younger than 18-years old (21-years old in AL, MS, NE, WY, and any other state or country where 18 is not the age of majority).
By using this Site you agree and guarantee to 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 State or country where 18 is not the age of majority).
B) That you will not permit anyone under 18-years of age (21-years old in AL, MS, NE, WY, and any other state or country where 18 is not the age of majority) to view any of the materials contained within this Site.
C) That you willingly enter this site for the purpose of viewing adult oriented material for your personal entertainment.
D) That you have not notified any governmental agency that you do not wish to receive Adult oriented material.
E) That you will only view this site in the privacy of your home or from a location that does not break any laws, offend anyone or expose anyone under 18 (21-years old in AL, MS, NE, WY, and any other state or country where 18 is not the age of majority).
F) You agree that, if you are an officer of the law, state of federal investigator or agent of any kind, you are registering as a Member, using the Site, and are present at any Swingingmyspace.com event only for your personal use and interest.
G) You represent that, if you are a member of the press of any kind (including print, television and radio), you are registering as a Member, using the Site, and are present at any Swingingmyspace.com event only for your personal use and interest.
1.2 Terms of Service. This Agreement will remain in full force and effect while you use the Site and/or are a Member (the “Service”). You may terminate your membership at any time, for any reason by written or email notice of termination. FMS may terminate your membership at any time, effective 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 FMS. If FMS terminates your membership because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 1.1, 2.1 and 4.2 of this Agreement.
1.3 Content. The contents of the Site are intended for the personal, noncommercial use of its Members. All materials on this Site (including, but not limited to, news articles, messages, photographs, images, illustrations, audio and video clips (“The Content”)) are protected by copyright and other intellectual property laws, and are owned or controlled by the party credited as the provider of the content, software, or other materials. You shall abide by all additional copyright or other notices, information, or restrictions appearing in conjunction with any Content accessed through the Service. It is illegal to collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email. Any illegal use of the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Focused Media Services, LLC (“FMS”) owns and retains all proprietary rights to the Site and the service. The Site and Content is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Site in whole or in part.
You may not download or copy the Content. Copying or storing of any Content is expressly prohibited without the prior written permission from FMS or the copyright holder identified in the individual Content’s proprietary notices including copyright notice.
POSTED CONTENT IN PROFILES, FORUM AND CHAT DISCUSSIONS; DISPUTES
2.1 Reservation of Rights. FMS reserves the right to delete any Content, profiles or messages that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of FMS and/or its Members. By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to FMS, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
2.2 Posted Content. You are solely responsible for the content that you publish or display on the Site, or transmit to other Members. Illegal or prohibited Content will not be tolerated. FMS will investigate and take appropriate action against anyone who violates this provision. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information known to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without FMS’ prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. While the management does not and cannot review every message posted by Members in the Forum, Chatroom or in the profiles and is not responsible for any content of these messages, the management reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law) or this Agreement, or are abusive, defamatory, obscene, or otherwise unacceptable.
2.3 Manner of use. You must use the Site in a manner consistent with any and all applicable laws and regulations and shall not upload, distribute, or otherwise publish through the Site, any Content which is libelous, defamatory, obscene, profane, and abusive or otherwise violates any law. You agree that you will not monitor or copy the Site’s web pages or Content without FMS’ prior express written consent. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service except with FMS’ prior express written consent. You must be respectful of other individuals using the Forum. The Forum within the Site is provided to give the Members an interesting and stimulating forum in which they may express their opinions and share their ideas. Neither the Site nor FMS or the management endorses the opinions placed in the Forum. Any inappropriate submissions may be edited, removed, or modified at the sole discretion of FMS. In addition, you warrant that all moral rights in any uploaded materials have been waived.
You may not copy and paste into the Forum or Chatroom any email(s) sent to you, from any source, without first obtaining the expressed or written approval of the party who originally sent such email(s).
The Site welcomes input from its Members. However, by submitting an idea, suggestion, or recommendation, you waive all right to the idea as intellectual property. FMS has no obligation to compensate you for any idea, suggestion or recommendation.
2.4 Member Disputes. FMS does not control the information provided by other Members that are made available through the Site. You may find other Members’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Site. You are solely responsible for your interactions with other Members. Because it is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the Site, you release FMS, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." FMS reserves the right, but has no obligation, to monitor disputes between you and another member.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Site contains links to other World Wide Web internet sites, resources, and sponsors. Transactions that occur between the Member and third party links are strictly between the Member and the third party and are not the responsibility of FMS. FMS is not responsible for the availability of these outside resources or their contents. You should direct any concerns regarding any external link to its site administrator or Webmaster.
You may publish certain links to other internet sites in your profile. FMS reserves the right to delete certain links to sites that compete with FMS or provide content that, in its sole discretion, FMS believes is inconsistent with the high standards of Content the Members expect. Neither FMS nor its management check or review all Member-linked web sites. Use of Member links is at the Member’s discretion and peril. FMS is not responsible for content found on Member-linked sites.
REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant that no Content submitted by you, in accordance with the terms and conditions of this Agreement, will: (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary right; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of facts; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations, or other governmental regulations; and (vii) that all people appearing in any pictures or video clips posted by you shall be at least 18 years old. You hereby agree to indemnify, defend and hold FMS and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney’s fees. You shall cooperate as fully as reasonably required in the defense of any claim. FMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
4.2 FMS neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Site by the Members, information provider or any other person or entity.
THE SITE, AND ANY MATERIALS PROVIDED BY FMS OR THIRD PARTIES, ARE PROVIDED “AS IS.” FMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. FMS SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, INCLUDING LOSS OF PROFITS, OR OTHER LOSS INCURRED IN CONNECTION WITH THE USE OF THE SITE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY FMS OR THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF FMS HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTWITHSTANDING THE ANYTHING HEREIN TO THE CONTRARY, FMS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO FMS FOR THE USE OF THE SITE DURING THE TERM OF YOUR MEMBERSHIP.
4.3 You hereby acknowledge that use of the Site is at the Member’s sole risk.
SOFTWARE LICENSES; EXPORT CONTROL
5.1 You shall have no rights to the proprietary software, including periodic updates, provided to you to access the Site (Access Software). You may not sublicense, assign or transfer any licenses granted by FMS, and any attempt at such sublicense, assignment, or transfer is void. You may not copy, distribute, modify, reverse engineer, or create derivative works from access software.
5.2 Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Access Software or Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TERMINATION
6.1 FMS may, in its sole discretion, terminate or suspend Member’s access to all or any part of the Site for any reason, including, but not limited to, breach of this Agreement. Termination or suspension does not entitle the Member to a refund of membership fees. Termination or suspension will result in the forfeiture of all membership fees paid.
6.2 You acknowledge that Site administrators have the right to terminate use without notice for any Member who restricts, inhibits or disrupts access to the Site or attempts to alter or improperly access any feature or function of the site. Your access may also be subject to termination if you post or transmit any illegal content, or harass or threaten any Member or employee, post content (including the creation of usernames) that is offensive or otherwise disruptive; create multiple accounts, or accounts with false and misleading information; post unsolicited advertising; impersonate an employee or other individual; or for any other reason that FMS, in its sole discretion, determines is not in the best interest of, or threatens the safety or privacy of, the Members.
GUIDELINES FOR USE
7.1 The primary purpose of this Site is to enable Members with similar interests to communicate with each other, whether by email, telephone or in person. Members should use their common sense in sharing personal information with other members, when that personal information could be used to identify the member. FMS waives all liability when members choose to provide personally identifiable information to other members. Members must take proper precaution when meeting other members face-to-face. FMA waives all liability for the outcomes of such face-to-face meetings.
PRIVACY POLICY
8.1 See our privacy policy for information.
COPYRIGHT POLICY
9.1 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide FMS with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FMS’s agent for notice of claims of copyright infringement can be reached at the address below. It is the intention of FMS to fully comply with the DMCA, including the notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the notice and "take down" requirements above deviate from the requirements under the DMCA then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
MISCELLANEOUS
10.1 This Agreement has been made in and shall be construed and enforced in accordance with New Jersey law. Any action to enforce this agreement shall be brought in the federal or state court located in New Jersey.
10.2 FMS claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity.
10.3 FMS may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall be effective 30 days after they are initially posted on the Site. You will receive email notification of all policy updates.
10.4 Official correspondence regarding this Agreement must be sent via postal mail to:
Focused Media Services LLC Po Box 170 Jobstown NJ 08041
We reserve the right to update our Terms from time to time so please visit this page regularly.