Welcome to The Swapper Network™, a way for adults to meet each other online. The Swapper Network™ is an interactive, online service owned, operated and provided by:Personals Plus, Inc. (The Swapper Network™, Personals Plus, Inc.)By using the The Swapper Network™, Personals Plus, Inc. Website (the "Website") you agree to be bound by the terms and conditions of this Agreement (the "Terms"), as a member of the Service (a "Member"), and you agree to be bound by the Terms for as long as you continue to be a Member. Your membership in The Swapper Network™ service 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. This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by The Swapper Network™, Personals Plus, Inc. from time to time, such modifications to be effective upon posting by The Swapper Network™, Personals Plus, Inc. on the Website. This Agreement includes The Swapper Network™, Personals Plus, Inc.'s Terms of Use Policy for Content Posted on the Website, The Swapper Network™, Personals Plus, Inc.'s Zero Tolerance Spam Policy, and any notices regarding the Website. The TERMS constitute the entire agreement between you and The Swapper Network™, Personals Plus, Inc. and govern your use of the Service, superceding any prior agreements between you and The Swapper Network™, Personals Plus, Inc. You also may be subject to additionalterms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may also receive a copy of this Agreement by emailing us at: webmaster@swappernet.com. Promotions and Special Offers: By using this service or signing up for this service, you agree to allow The Swapper Network™ to submit email messages to you regarding special promotional offers and other information pertaining to your account. This will not be considered to be "unsolicited" email because you are using this service. If you do not wish to receive such email messages, then it will be up to you to either request that your account be removed or that remove you own account. |
| 1. Eligibility.You must be eighteen or over to register as a member of The Swapper Network™, Personals Plus, Inc. or use the Website. Membership in the Service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) - who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature. The materials, which are available within this site may include graphic visualdepictions and descriptions of nudity and sexual activity 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 location where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. |
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by sending an email request to webmaster@swappernet.com. Please allow up to 5 days upon receipt by The Swapper Network™, Personals Plus, Inc. of your email notice of termination, from the email address in your account, to process the request. If The Swapper Network™, Personals Plus, Inc. terminates your membership in the Service because you have breached the Agreement, or you acted in a manner not within the spirit of the website or this agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, certain provisions of this Agreement will remain in effect, including, but not limited to, Sections 4, 5, 7 and 11-19 of this Agreement. |
| 3. Non Commercial Use by Members.The Website is for the personal use of individual Members only and may not be used in connection with any commercial or even non-commercial endeavors, including, but not limited to, businesses, organizations, groups, charities, services and/or events. Organizations, groups, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose.Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. (See also Zero Tolerance Spam Policy.) |
| 4. Proprietary Rights in Content on The Swapper Network™, Personals Plus, Inc.. The Swapper Network™, Personals Plus, Inc. owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of The Swapper Network™, Personals Plus, Inc., andits licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, decomplie, reverse engineer, decode, hack, publish, transmit, distribute, perform, display, or sell any such proprietary information. |
5. Content Posted on the Site.
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6.a. Copyright Policy.You may not post, distribute, or reproduce in any way any copyrighted material,trademarks, or other proprietary information without obtaining the priorwritten consent of the owner of such proprietary rights. Without limitingthe foregoing, if you believe that your work has been copied and posted onthe Service in a way that constitutes copyright infringement, please provideour Copyright Agent with the following information:
Personals Plus, Inc. |
| 6.b. Picture Posting Policy.The Swapper Network™, Personals Plus, Inc. limits the posting of photos to only those of you, the member(s). The space provided is for your photos and is intended to show others what you look like. If people other than you, the member(s), are in the posted picture, they cannot be the main object or focus of the picture and you must have their permission to post their likeness. If they previously granted their permission, but have since changed their mind and retracted that permission, the pictures must be removed immediately. The space provided for photos may also not be used to display banners of any type - especially those that are commercial, promotional, political, controversial, abusive or libelous in nature. Humorous cartoons, especially those related to the lifestyle, are fine as long as they are not all the pictures you have and you do not post no more than ONE in the first four pictures that show up in the profile. You are also responsible for any copyright issues associated with these images. Photos cannot have any type of personal contact information on them, including, but not limited to, phone numbers or web or email addresses on them. Children should never be depicted in any type of image on this web site. Having any child's image posted on a swingers' site in any way, shape or form is inappropriate and puts us in a bad position. SPECIAL NOTE TO SINGLES: Besides the above limitations, persons of the opposite sex should never appear solo in your profile.Any pictures that do not conform to these Terms is subject to immediate removal without warning. |
7. Trial Membership. Free three (3) day trial memberships are offered to all new members of the web site. In the event that your free trial membership is removed for any reason, you agree to hold harmless The Swapper Network™, Personals Plus, Inc. its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to your account or information. As a trial member of this system, you may not be able to access certain material and this is subject to change at the webmasters discretion. You, as a trial member, are granted use of this system. However, The Swapper Network™, Personals Plus, Inc. is not liable to you to provide this service nor is there any implied or written guarantee that you will get the full 3 days. The 3 day trial period is for 3 consecutive days on the calendar not how many times you use the service. The Swapper Network™, Personals Plus, Inc., its officers, directors, employees, agents and third parties have granted you use of this system for your three day trial period. However, it will always be at the webmaster's discretion to remove your account for any reason. Having multiple accounts on this system is prohibited unless you are a paid member of at least one of those accounts. MULTIPLE ACCOUNT VIOLATORS (M.A.V.) NOTE: In the event you have been found to have created multiple accounts you may be held liable for each account that you have created at the maximum price of $99.95 per account. If you have paid in the past and have created multiple accounts after your paid account has expired you grant the Swapper Network the right to charge your credit card for all accounts you have created at the webmasters discretion. In the event you have never paid for a membership and you have multiple accounts you grant the Swapper Network the right to bill you for each account and use all methods available to identify you to levy such charges including, but not limited to, contacting your ISP or your email service provider via a court order to obtain your address and other relevant information. You also agree to make payment for each account you have been billed for. SPECIAL (M.A.V.) NOTE: To all those people that think the internet is completely anonymous think again. We have and in the past and will continue to in the future use any and all legal methods available to us to levy charges both legally and financially for violations of this rule. |
| 8. Lifetime Memberships.A lifetime membership applies only to the account for which it was paid upon and is for the lifetime of the Swapper Network web site. This is not your lifetime or ours. This means that, as long as the web site is in operation, you will have an account. If, however, you decide to voluntarily remove your account for any reason, or the account is removed as a direct result of your failure to keep your password secure, The Swapper Network™, Personals Plus, Inc. is not responsible or obligated to replace the membership or the account. The Webmaster(s) of this web site also reserves the right to remove the account and terminate the membership of any member that does not follow the rules of this web site. As a lifetime member, you also agree to keep your account active by visiting the web site at least once within every 180 days. Any account that is inactive for more than 180 days may be removed at the discretion of the Webmaster(s) to insure that information provided to other members is current. |
9. E-mail Addresses/JAVA/JAVA Script/HTML/URL's/Links(Direct or Indirect).
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| 10. Member Disputes.You are solely responsible for your interactions with other The Swapper Network™, Personals Plus, Inc. Members. The Swapper Network™, Personals Plus, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members. If you need to file a complaint about another member of the Service, open their profile and click on the "Report this user for abuse" link right below the main picture. The Webmaster, should he become involved, will act in an arbitration capacity only to resolve the dispute. However, if the Webmaster discovers that one member or the other, or both, has violated these Terms, their account(s) may be removed from the Service. |
11. Termination. The Swapper Network™, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation:
If your account has been disabled for any reason and you cannot remove your account on your own, you agree to send a written request for removal to Personals Plus, Inc., 15550 Lightwave Dr., Suite 300, Clearwater, FL 33760. This request must postmarked within seven (7) days of the date your access to the service was disconnected. The Swapper Network™, Personals Plus, Inc. will have seven (7) days after the receipt of this requestto remove the account if, at the webmaster's discretion, the request is valid and warranted. |
| 12. Privacy.The Swapper Network™ will keep confidential all information supplied by you to The Swapper Network™, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. All information supplied by you will be kept private and confidential in all cases except when ordered by a court of law to disclose any or all information supplied. |
| 13. Disclaimers.The Swapper Network™, Personals Plus, Inc. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. The Swapper Network™, Personals Plus, Inc. is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. The Swapper Network™, Personals Plus, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Swapper Network™, Personals Plus, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will The Swapper Network™, Personals Plus, Inc. be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and The Swapper Network™, Personals Plus, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Swapper Network™, Personals Plus, Inc. cannot guarantee and does not promise any specific results, expressed or implied, from use of the Website and/or the Service. The Swapper Network™, Personals Plus, Inc. cannot guarantee and does not promise that any Content you post or transmit through the Service is safe from being copied and/or displayed by another member. We have made it difficult, but it is not impossible. |
| 14. Limitation on Liability.Except in jurisdictions where such provisions are restricted, in no event will The Swapper Network™, Personals Plus, Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if The Swapper Network™, Personals Plus, Inc. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Swapper Network™,Personals Plus, Inc.'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, if any, by you to The Swapper Network™, Personals Plus, Inc. for the Service during the term of membership. |
| 15. U.S. Export Controls.Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded fromthe Website 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 SpeciallyDesignated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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. |
| 16. Disputes.If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida, City of Tampa, County of Hillsborough. |
| 17. Indemnity.You agree to indemnify and hold The Swapper Network™, Personals Plus, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. |
| 18. Severability.This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and The Swapper Network™, Personals Plus, Inc. regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. |
| 19. Chargeback Policy. In the event you attempt to chargeback your membership fee, or threaten to chargeback your membership fee, your access to the website will be immediately revoked and your information will be forwarded to our collection agency to get payment. This will include being billed for any and all collection fees, including, but not limited to; a $50 chargeback fee, third party collection fees, attorney's fees and any and all administration fees accrued in an effort to obtain information to collect said fees. This policy will remain in affect even if the service provided is no longer available to you due to your violation of any part of this agreement. This policy will also be enforced by any and all legal remedies necessary to insure your payment is received. |
| If you DO NOT AGREE to the TERMS, please ask for your account to be removed from this system. This document can always be found at http://www.swappernet.com/sn/tos2.aspx unless otherwise indicated here. Please contact us with any questions regarding this agreement. The Swapper Network™ is a trademark of Personals Plus, Inc. |

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