FOREWORD: THIS SITE IS FOR ADULTS ONLY. BY ENTERING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS: YOU CERTIFY THAT YOU ARE AT LEAST 35 YEARS/AGE OR OLDER. YOU AGREE THAT YOU WILL NOT PERMIT ANY PERSON(S) UNDER 35 YEARS/AGE TO HAVE ACCESS TO THIS ACCOUNT OR ANY OF THE MATERIALS CONTAINED WITHIN THIS SITE.
SWAG STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS WEBSITE. SWAG DOES NOT CONDUCT CRIMINAL OR OTHER BACKGROUND CHECKS ON ITS USERS.
By accessing or viewing the Material and registering to be become a Member on the Site you have indicated to us that you both understand and agree to be bound by its Terms and Conditions.
Acceptance of Terms of Service
You, the User, hereby agree that you agree, acknowledge, consent, and stipulate under penalty of perjury that you, the User, are of lawful age in your respective jurisdiction to participate in a dating site. The User further agrees, acknowledges, consents, and stipulates, that the User is viewing the Material [as herein defined] for the User’s personal use and enjoyment, not for commercial purposes, and will under no circumstances allow the Material to be viewed by a minor.
These Terms of Service (“Agreement”) constitute a binding legal agreement between you, an individual, and Sophisticated Women And Gentlemen Social Elite, LLC. (“SWAG”) regarding your use of SWAG’s website at www.swagsocialelite.com (the “Site”) and SWAG’s content subscription service (the “Service”). Please read this Agreement carefully. By browsing or using the Site, or registering for or using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Site or the Service.
The terms “you,” “your,” and “yours” refer to you, the individual using the Site or the Service. The terms “we,” “us,” and “our” refer to Sophisticated Women And Gentlemen Social Elite, LLC.
You must be 35 years of age or older to use the Site or the Service. Use of the Site or the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that you are 35 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement. The Site and the Service are not intended for those under the age of 35.
You must register for and maintain a subscriber account to use the Service. In order to subscribe, you must also enter a valid credit card number that is in your name, or that you are otherwise authorized to use, and select a third party payment processor to process your credit card transactions. When subscribing, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your subscription and your use of the Service.
Your subscription entitles you to access the Service solely for personal, non-commercial use, from a single computer at a time. You are solely responsible for all activities that occur through your subscription account. You must not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security or the terms of this agreement.
Fees and Payment
When you subscribe to the Service, you will incur a monthly subscription fee at the rate currently listed on the “Join” page of the Site. By subscribing to the Service, you authorize SWAG to direct the third party payment processor specified by you during the registration process to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your subscription and any other purchases you make from SWAG during the term of your subscription, in United States dollars, including all applicable taxes. You must comply with the terms established by the payment processor. Your subscription will automatically renew for the same length of time as your initial subscription term, at the then-current monthly membership rate that is posted on the “Join” page of the Site. You authorize SWAG to instruct your selected payment processor to charge your credit card for the ongoing monthly subscription fees unless you cancel your subscription. You acknowledge and agree that SWAG undertakes no responsibility regarding the payments you make to the payment processor you specify for your subscription to the Service. All disputes regarding payment, refunds, non-payment, and any other matter having to do with subscription payments charged to you by the payment processor as a result of your subscription of the Service are between you and the payment processor. You indemnify and hold SWAG harmless from any and all claims by you or the payment processor regarding any of the foregoing.
In addition to the free services provided on the Website, Paid Memberships (for example, the and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
Billing and Payment
SWAG will use the credit card information You provide to bill You for goods and services. By registering for the Paid Memberships or Paid Features and providing Your credit card details, You agree to be billed by us for Your for-fee service in advance. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information.
Paid Memberships are subscriptions. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing. You agree that Your account will be subject to this automatic renewal feature. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to Your Account page and opt out of automatic renewal of Your purchase. If You opt out of automatic renewal after Your purchase, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, You authorize SWAG to bill the credit card You provided now and again at the beginning of any subsequent subscription period. You also authorize SWAG to charge You for any sales or similar taxes that may be imposed on Your subscription payments.
Reaffirmation of Authorization
Your non-termination or continued use of the Paid Memberships reaffirms that SWAG is authorized to charge the credit card information provided. SWAG may submit those charges for payment and You will be responsible for such charges. This does not waive SWAG’s right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially subscribed to the Paid Memberships.
Termination of Services for Non-Payment
Where payment is required for a Paid Membership or Paid Feature and we are unable to charge Your credit card for any reason, we may discontinue any and all Services to You either temporarily or permanently.
Cancellation of Services
If You cancel Your account, Your Paid Membership and/or Paid Features will be cancelled. All payments for Paid Memberships and Paid Features are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded. Paid Memberships and/or Paid Features cannot be transferred to any other account.
Expired or Refused Credit Card and Other Billing Issues
If SWAG does not receive payment from the selected payment processor in respect of your subscription for any reason, you will pay all amounts due upon demand and SWAG may cancel your subscription. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) reproduce, distribute, prepare derivative works of, publicly perform, or use for any commercial purpose any content, or any portion of content, that is available on the Service or utilize any tool or content furnished by SWAG through the Service for any purpose other than your personal end use; (b) use any automated tool to use the Service; (c) make available your access to the Service to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Site or Service; (e) use the Site or Service in a manner that threatens the integrity, performance, or availability of the Site or Service; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Service, or content that you download via the Service.
Modifications to the Service
SWAG reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Without limiting the generality of the foregoing, SWAG reserves the right to remove content from the site and from the scope of the Service without notice, to edit or delete any user generated content or to discontinue any feature allowing user generated content. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any feature thereof.
Term and Termination
Your subscription renews from calendar month to calendar month unless you cancel it or unless SWAG terminates your account as provided by under this Agreement. You may terminate your subscription at any time via the unsubscribe page when you log in to the Service. When you cancel your subscription, your account will remain active for the remainder of the calendar month that you paid for. Termination of your subscription is your sole right and remedy with respect to any dispute with us regarding your subscription, the Site, the Service, or this Agreement. We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.
You will remain liable for all fees incurred during your subscription, even after your subscription is terminated. SWAG is not liable for any loss of data or any other information caused by any termination of your subscription. Please see “Disclaimer of Warranties” and “Limitation of Liability” below.
Use of Material
The Company authorizes you to view and download copies of the material on this Web site (“Web Site”) solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as “Legal Notices” on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material (“Material”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site, the content on the site and the Service.
As part of your subscription, you will have the ability to generate or post certain content through use of the site. Current examples of this ability include your ability to provide details about yourself, pictures of yourself, or other material(s) regarding personal information about yourself, or comments and ratings. We may add additional features that allow you to generate content in the future. You acknowledge and agree that you are not required to generate any content in order to use the Service. You further acknowledge and agree that all content generated by you shall be the sole property of the User and the User grants a right to display to SWAG any and all material the User posts on the site. SWAG shall in its sole discretion have the right to edit or delete any content generated by you. SWAG may use any content generated by you for any purpose, commercial or otherwise, in its discretion, and you disclaim any ownership or right to any profit associated with any such content. SWAG reserves the right to discontinue any features that allow the creation of user generated content at any time, without notice and further reserves the right to curtail or suspend your ability to generate user generated content at any time, without notice.
You represent and warrant to SWAG that in generating any content in connection with the Service, you will not generate any content that violates or infringes upon any intellectual property rights or other rights of any third party. You agree to indemnify and hold SWAG harmless for all claims made against SWAG in respect of violations by you of the foregoing representation and warranty.
SWAG respects the intellectual property rights of others. If you believe that your work is available on the Site or Service in a way that constitutes copyright infringement, please contact SWAG at the contact below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a 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; and (5) 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.
SWAG’s designated agent for notice of copyright infringement can be reached at: firstname.lastname@example.org
Disclaimer of Warranties
YOUR USE OF THE SITE OR THE SERVICE, AND YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION, IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWAG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWAG OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES
The Site is provided on an “as is” and “as available” basis and in particular we do not warrant that:
- the Site will continue to be available to you in either its current format;
- the Site or any software available from it will be free from viruses or defects;
- the Material contained on the Site will be true, accurate or complete in all respects, except always to the extent otherwise set out herein and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).
Use of the Web Site
- not to use the Site or its Material for any unlawful purpose;
- that you shall not make any use of the Site in any which causes it to be interrupted, damaged, rendered less efficient, or impairs its functionality any way; in particular that you shall not run any automated scripts on any part of the site without our express authorization.
- not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, false, misleading, offensive or of an obscene, sexually explicit or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
- not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
- that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and
- that in the event that you may have any right, claim or action against any other Member arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us.
- that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these terms and conditions or any use of the Material or the Site.
- We shall have the right to immediately suspend your access to the Site if you commit a breach of these terms and conditions.
Rejection, cancellation or suspension
We can at our discretion, refuse any application to become a Member. We may also suspend or cancel this agreement and your ability to use the Site with immediate effect, at any time for any reason, including but not restricted to your serious or repeated breach of these terms and conditions or any conduct in connection with your use of the Site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the Site.
If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, email provider or, in the case of any suspected unlawful activity, the police.
You may request cancellation of services of any SWAG service at any time. Where, however, a fee has been paid for a service, all such payments for service are non-refundable. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded.
Your responsibilities and Code of Conduct
You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the Site. Such material may include without limitation words, photographs, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the Site and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.
Furthermore, the User is solely responsible for any in person meeting with any other Member of the Site or at an event hosted by SWAG or at any other meeting with another Member, and any personal interaction therewith is solely the User’s responsibility and the User waives any and all liability arising therefrom.
You agree to use the Service in accordance with the following Code of Conduct:
- you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
- you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
- you will not forward chain letters through the Service;
- you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
- you will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
- is fraudulent or otherwise unlawful or violates any law; and
- you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
- you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, SWAG’s systems or to other members’ systems in any way.
- you will not post or transmit in any manner any contact information including, but not limited to, email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
- you will not cause the Service to be accessed through an automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity which does not place an unreasonable burden on the Service.
- you will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content
VIOLATION OF THIS CODE OF CONDUCT MAY CAUSE SWAG TO TERMINATE THE USER’S ACCOUNT FORTHWITH AND ANY VIOLATION OF THE AFOREMENTIONED SHALL INCUR A TERMINATION FEE OF THE LIQUIDATED DAMAGES OF THE ANNUAL FEE.
INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SWAG CURRENTLY DOES NOT CONDUCT CRIMINAL OR OTHER BACKGROUND CHECKS ON ITS MEMBERS. SWAG ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SWAG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. SWAG RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL SWAG BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT SWAG MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
If you provide feedback to us regarding the Site or the Service (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Disclaimer of Warranties
YOUR USE OF THE SITE OR THE SERVICE, AND YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION, IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWAG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWAG OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
SWAG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWAG HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION. UNDER NO CIRCUMSTANCES WILL SWAG’s TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY OR ON BEHALF OF YOU TO SWAG IN THE 12 MONTHS PRECEDING THE EVENT FROM WHICH THE CLAIM AROSE, OR $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY SWAG TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You will defend, indemnify and hold SWAG, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any lawsuits, claims, costs, damages, expenses, and liability arising out of your use of the Site, Service, or your violation of this Agreement.
REMOVAL OF INFORMATION
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
Links to Third Party Sites
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by SWAG and you acknowledge that SWAG is not responsible for any content on any linked site. SWAG provides links as a convenience only, and the inclusion of any link does not imply endorsement by SWAG of any linked site.
Updates to this Agreement
We may occasionally update this Agreement. When we do, we will revise the “last updated” date on the Agreement, and you may view the most current version at www.swag.com. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Site or to subscribe to the Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and SWAG regarding the Site and the Service.
The United States controls the export of products and information and some other countries may prohibit certain materials, specifically pornography, from importation. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export or import control laws. By downloading the Materials (including Software), you are agreeing that you are transacting with a country where such export or import is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
General Legal Notices
SWAG’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. SWAG will have no liability to you for any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any other cause that is beyond SWAG’s reasonable control.
By using the Service, you consent to receiving electronic communications from SWAG. These communications will include notices about your subscription and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
This Agreement is governed by the laws of the State of New York, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You irrevocably consent to the exclusive jurisdiction of the federal, state and local courts located within the County of Nassau, New York, or the Eastern District of New York.
If you have any questions or concerns about this Agreement or the Site or Service, please send us a thorough description by email to:email@example.com.
Last Updated: June 2013