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Welcome to The Swapper Network™, a way for adults to meet each other online. The Swapper Network™ is an interactive, online service.

Address:
Personal Lifestyle Media, Inc.
20 Eglinton Ave. West, Suite 1200
Box 2055
Toronto, ON Canada M4R 1K8

By using the The Swapper Network™ 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.

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™ from time to time, such modifications to be effective upon posting by The Swapper Network™ on the Website. This Agreement includes The Swapper Network™'s Terms of Use Policy for Content Posted on the Website, The Swapper Network™'s Zero Tolerance Spam Policy, and any notices regarding the Website. The Terms constitute the entire agreement between you and The Swapper Network™ and govern your use of the Service, superceding any prior agreements between you and The Swapper Network™.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may request a copy of this Agreement by emailing us at: support@swappernet.com.

1. Eligibility. You must be eighteen or over to register as a member of The Swapper Network™ 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 not a Minor (Minor as used in the Terms means any person who has not reached the age of majority according to the laws of the state in which he or she resides – in most states the age of majority is 18-years old but can be as high as 21-years old in certain states including AL, MS, NE, WY, and 19-years old in certain Canadian provinces including BC, NB, Nfld, NWT, NS, Nunavut and YT 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 visual depictions and descriptions of nudity and sexual activity and should not be accessed by any Minor or who is offended by such materials or who does not wish to be exposed to such materials.

2.  User Conduct. In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized or unlawful purpose, (d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, (e) use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (g) "stalk" or harass any other user of our Service, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) use our Service for any commercial purpose whatsoever, (j) impersonate any person or entity, (k) remove any copyright, trademark or other proprietary right notices contained in the Service, (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service, or (m) assist any third party in doing any of the foregoing.

3.  Username and Password. You will select a username and password when completing the registration process. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.  You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section.

4. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. The Swapper Network also reserves the right to remove any account at anytime for any reason or no reason to protect our service, employee's or its member base.

If The Swapper Network™ 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.

Special Note - Threats: Any threat posed against The Swapper Network™, its employees or its members, that includes, but is not limited to, physical harm or damage, or legal or financial action being taken, will result in the immediate removal of your account with no possibility of any refund of unused subscription fees.

5. 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.)

6. Proprietary Rights in Content on The Swapper Network™. The Swapper Network™ 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™, and its 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, decompile, reverse engineer, decode, hack, publish, transmit, distribute, perform, display, or sell any such proprietary information. 

7. Content Posted on the Site.
a.         The Swapper Network™ has no obligation to post any content that you or anyone else submits.  You understand and agree that The Swapper Network™ may, but is not required to, review and delete any content, messages, photos or profiles (collectively, "Content") that, in the sole judgment of The Swapper Network™, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members, or does not comply with the intended use or spirit of this agreement. This content may be removed with or without your being notified of such removal. The offending content may also be edited by the Swapper Network comply with this agreement at the webmasters discretion. In the event an edit is necessary you also agree to leave such edits in place or face the complete removal of any and all content posted by you including but not limited to email messages, profile content, or any and all postings to any area of the web site.

b.         You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

c.         Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by The Swapper Network™, are those of their respective authors and not of The Swapper Network™, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Swapper Network™ does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than The Swapper Network™ Under no circumstances will The Swapper Network™ be responsible for any loss or damage resulting from any reliance on information or other content posted on The Swapper Network™, The Swapper Network™ service, or transmitted to The Swapper Network™ members.

d.         By posting Content to any public area of The Swapper Network™, you automatically grant, and you represent and warrant that you have the right to grant, to The Swapper Network™ an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.  You waive absolutely any and all moral rights to be identified as the author of the content, including your photograph, and any similar rights in any jurisdiction in the world.

e.         You understand and acknowledge that The Swapper Network™ may establish general practices and limits concerning the use of the Service, including, without limitation, to the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on The Swapper Network™ our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that The Swapper Network™ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that The Swapper Network™ reserves the right to remove accounts that are inactive for an extended period of time.

f.          The following is a partial list of the kind of Content that is illegal or prohibited on the Website. The Swapper Network™ reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

• is patently offensive to the online community, such as Content that promotes solicitation, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  
• harasses or advocates harassment of another person;
  
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
  
• promotes information that you know is false (i.e., posting photos that are not of you), misleading or deceitful (i.e., single posing as a couple to circumvent a block, creating new accounts to circumvent blocks, etc.) 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 script tags (<script></script>), especially JAVA, or an overabundance of any code that is likely to, or is designed to inhibit, lock out, crash or otherwise cause damage to other members' computers.
  
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  
• provides material that contains, portrays, or exploits Minors in any manner, non-sexual or sexual, non-violent or violent, or solicits personal information from any Minor;
  
• provides material that exploits animals in a sexual or violent manner;
  
• 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; and
  
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  

g.         You must use the Service in a manner consistent with any and all applicable laws and regulations.

h.         You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

i.          You may not include in your Member profile, or send messages through The Swapper Network™'s mail system any information or URL, direct or indirect, that...

• provides a service or services the same or similar to those offered by The Swapper Network™, such as picture posting or matchmaking of any kind,
  
• requires, encourages or influences the member to sign up for or join any group, list, web site or service, paid or free,
  
• requires, encourages or influences the member to purchase any type of product or service,
  
• requires, encourages or influences the member to engage in any illegal activities or schemes.

j.          You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not include in your Member profile any advertising, solicitation, or promotion of any product, business, service or event, for profit or non-profit. (See the Zero Tolerance Spam Policy) You may not transmit any chain letters or junk email to other Members. Although The Swapper Network™ cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, The Swapper Network™ reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which The Swapper Network™ deems appropriate in its sole discretion.

k.         NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

l.          In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.

8  Copyright and Photos.
a.         Copyright Policy.  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. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• 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 the Website;
  
• 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.

The Swapper Network™'s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Personal Lifestyle Media, Inc.
20 Eglinton Ave. West, Suite 1200
Box 2055
Toronto, ON Canada M4R 1K8
Support @swappernet.com

b.         Picture Posting Policy.  The Swapper Network™ 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 not allowed on The Swapper Network.

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.

9. Membership.
a.         Trial Membership.  A free two (2) week trial memberships is 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™ 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™ is not liable to you to provide this service nor is there any implied or written guarantee that you will get the full 2 weeks. The 2 week trial period is for 14 consecutive days on the calendar not how many times you use the service. The Swapper Network™, its officers, directors, employees, agents and third parties have granted you use of this system for your two week 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.  You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.

b.         Subscription.  In order to become a Member you must subscribe.  We bill you through the method chosen by you during sign up.  You agree to make payment under the selected method of payment.  In the event that your chosen payment method does not effectuate payment, you agree to promptly pay all amounts due upon demand by us. You are responsible for paying all applicable taxes associated with use of the Service.  All funds are quoted in United States currency.  We reserve the right to change our pricing policy or the method or manner in which we charge for the Service at any time at our sole discretion.  In the event that your subscription is set for auto-renewal at noted below, we will notify of any increase in fees to be charged to you prior to renewal.  Your failure to cancel your subscription affirms your agreement to the new charges.  You agree to provide accurate and complete information for billing purposes and to update your billing information in the event of any changes.  You may make changes to your billing information by going to Account Settings.

c.         Cancellations. 

• Cancellation at Anytime.  You may terminate your membership at any time, for any reason by sending an email request to support@swappernet.com. Please allow up to 5 days upon receipt by The Swapper Network™ of your email notice of termination, from the email address in your account, to process the request.  You shall not be entitled to a refund of any fees paid.

• 3-day Cancellation.  You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight (Eastern Standard Time) on the third business day following the date of this contract, excluding Sundays and holidays.  To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect.  This notice shall be sent to: 

  Personal Lifestyle Media, Inc.
  Customer Service - Cancellations
  20 Eglinton Ave. West, Suite 1200
  Box 2055
  Toronto, ON Canada M4R 1K8

  Any refunds under this 3-day cancellation policy will be made within 10 days after our receipt of your cancellation notice.

• Death or Disability.  If by reason of death or Disability you, the buyer, are unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of Disability. "Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to us, the seller. If you, the buyer, have prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received due to death or Disability shall be promptly refunded to the buyer or his or her representative.

d.         Auto-renewal.  In order to provide uninterrupted service to you, your subscription to the Service consist of an original subscription period, followed by recurring periods. Your subscription will be automatically extended for successive renewal periods of the same duration as the original subscription period, at the then-current non-promotional rate. By entering into this Agreement, you acknowledge that your subscription will be subject to auto-renewals as described above and that you will be charged for the renewal subscription fees without further notice. You specifically authorize us to charge you via your selected payment method on a recurring basis for all charges without further notice or billing.  To change or cancel your subscription at any time, follow the directions above under Cancellation at Anytime or go to Account Settings and modify your selections. If you cancel, you may use the Service until the end of your then-current subscription period; but your subscription will not be auto-renewed. You shall not be entitled to a refund for any fees paid for the current term.

e.         Multiple Accounts.  Having multiple accounts will cause all of your accounts to be removed from this system and you will be blocked from using this Website again. You may also be liable for payment for those extra accounts that you had. A three day free trial is offered to all new members in order that you can become familiar with how the Website works and whether the Service meets your needs. Anyone found to have signed up a new account after an account has expired may have all accounts removed and be blocked from using this system again. Upon login to this Website your IP address will be stored in our database as well as other relevant information so you can be identified as a valid user of this system.

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 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.

10. 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™ 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. 

11. E-mail Addresses/JAVA/JAVA Script/HTML/URL's/Links(Direct or Indirect).

All profiles must contain a current, valid email address. This address is only visible to the webmaster. Your email address is the only way we have to contact you should there be a problem with your account or you lose your username and password. Failure, on your part, to provide a current, valid email address may cause your profile to be removed. If your profile does not have a current, valid email address, you may be sent a message asking you to provide one. If this is not corrected within 48 hours, your account may be removed at the Webmaster's discretion.

a.         To change or update your email address, click on the "Change Profile" link in the menu at the top of any page and then select "Edit Questions". The textbox for your email address is three-quarters of the way down the page. Please use only a SINGLE email address as this data field is used by The Swapper Network™ and its webmasters to locate your account. Make your change(s) and then click the "Save all answers" button.

b.         E-mail Addresses/URL's/Links(Direct or Indirect) are NOT allowed in the essays of your profile. URL's/Links(Direct or Indirect) are NOT allowed in the messages you send to other members.

c.         JAVA or JAVA Script within the essay portion of your profile is strictly prohibited. In the event you place Java or Java Script within your essays the offending content will be removed or if we choose we may remove the entire profile at our discretion without the possibility of refund.

d.         IFRAME tags, REDIRECTORS, CURSOR replacements, MARKEES and other destructive HTML is also prohibited within the essays or on-line messaging system of the Swapper Network web site.

e.         HTML - is only allowed for the purpose of placing icons or images provided those images are not for the promotion or selling of products or services. HTML is also allowed for the purpose of changing font colors and sizes; provided these changes do not interfere with the intended purpose of the pages they are viewed on. HTML table tags may also be used provided those table tags comply with the current standards in all browsers used on the internet today. Meaning in the event a tag does not work on a certain browser this content may be removed at our discretion. Other HTML tags may be prohibited as well as the ones listed above. In the event we remove such content you agree to comply with such removal of content unfit for this web site.

12. Member Disputes.  You are solely responsible for your interactions with other The Swapper Network™ Members. The Swapper Network™ reserves the right, but has no obligation, to monitor disputes between you and other Members. If you need to file a complaint with The Swapper Network™ 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. 

We will not be responsible for any damage or harm resulting from your interactions with other users of our Service.  You should not provide your financial information (for example, your credit card or bank account information) to other users of our Site.  While we do make certain efforts to screen users, you understand that we do not in any way inquire into the backgrounds of our users or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, filthy, excessively violent, harassing or otherwise objectionable. Email messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law.  In no event shall we 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 users of the Service or persons you meet through the Service. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service.  We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users.

13. 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:

• for lack of use. Any trial or paid user that has not been seen on the system for over 120 days with the exception of a lifetime membership will be removed. Lifetime members must log into the system within 180 days in order to avoid having their account removed for neglect;
  
• if The Swapper Network™ believes that you have violated or acted inconsistently with the letter or spirit of the Terms;
  
• any threat, real or implied, posed against The Swapper Network™ or any other system owned and operated by us, or its personnel, employees, or its members made via the Service's mail system, regular email or through any other media or delivery source.
  
• The Swapper Network™, at any time discontinues providing the Service, or any part thereof, with or without notice;

You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that The Swapper Network™ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Swapper Network™ shall not be liable to you or any third-party for any termination of your access to the Service. While The Swapper Network™ reserves the right to remove your account at anytime for any reason at the webmasters discretion, of course the reason will be justified if this become necessary. However, The Swapper Network™ is under no obligation to provide such justification. If your account was removed in error or by software or hardware failure the Swapper Network will make every effort to get you setup with a new account as soon as possible. However, you will agree to hold harmless The Swapper Network™, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to such account. The Web master, The Swapper Network™, is not required to remove your information at your request. This can be done by when selecting the "Remove My Account" option on the "Main Menu" of the web site.

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 Personal Lifestyle Media, Inc., 20 Eglinton Ave. West, Suite 1200, Box 2055, Toronto, ON Canada M4R 1K8. This request must postmarked within seven (7) days of the date your access to the service was disconnected. The Swapper Network™ will have seven (7) days after the receipt of this requestor remove the account if, at the webmaster's discretion, the request is valid and warranted.

14. Privacy.  Use of the Service is also governed by our Privacy Policy  http://www.swappernet.com/sn/privacypolicy.aspx.

15 Blocking of IP Addresses. In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing our Site.

16. Representations and Warranties. You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

17. DISCLAIMER OF WARRANTIES. YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE 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 OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. WE ASSUME 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 COMMUNICATIONS.

D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

18. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR SITE OR OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON, OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.

B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.

C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.

D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 

19. U.S. Export Controls.  Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) any 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 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. 

20. 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 exclusive venue in the state and federal courts of the State of Hillsborough or Pinellas County, Florida.

21. Indemnity.  You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether if and how we wish to settle it.

22. 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™ 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.

23. 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 trademarked name.

Updated April 13, 2009.