Terms of Use

SwPt - Swing Portugal (hereinafter referred to as “SwPt” or the “Site”) is a social network service created to serve the Swing Community and provide information about it, allowing its members to create unique online personal profiles, exclusively dedicated to the Swinger and Liberal lifestyle, with the purpose of meeting and communicating with old and new friends. The service is operated by SwPt. By using the SwPt Site you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member (“member”). If you wish to become a member, communicate with other Members and develop a network of friends and acquaintances for socializing purposes only, and use the SwPt services (the “Service”), please read this Agreement and indicate your acceptance by following the instructions in the registration process.

Notice: this site contains adult material. You must be over 18 or 21 (depending on applicable law) to participate. All members of this site are over 18 years of age.

This Agreement sets out the binding legal terms for use of this Site and for your membership of the Service. By completing your registration on SwPt.org, you acknowledge that you have read the Terms of Use and that you accept the terms and conditions contained herein, and agree to comply with and respect them.

SwPt may modify this Agreement when necessary, and any such modification will be effective once published on the Site by SwPt. You agree to be bound by any changes to this Agreement when you use the Service following the publication of any modifications. This agreement contains SwPt's policy for acceptable use and content published on the Site, and your rights, obligations and restrictions regarding your use of this Site and the Service.

Please choose carefully the information you publish on SwPt and provide to other Members. Any photograph you publish may not contain minors, animals, objects/items protected by law or copyright, or material that is offensive and/or racist in content. Information provided by other SwPt Members (for example, in their Profile) may contain material, products or services that are inaccurate/incorrect, inappropriate or offensive, and SwPt assumes no responsibility or legal obligation for such material/content but reserves the right to remove any content and materials that are in breach of these Terms of Use.

SwPt reserves the right, in its sole and absolute discretion, to refuse membership to any person; to reject, refuse to publish or remove any posting/content (including email) made by you; or to restrict, suspend or terminate any member's membership and access to all or any part of the Site and/or Services at any time, with or without prior notice, for any or no reason, and without liability, including but not limited to a member's failure to comply with the Terms of Use or breach of the Code of Conduct as described below.

By participating in any SwPt Event off the SwPt Site, you agree to completely and fully release SwPt from any and all losses, damages, rights, claims and actions of any nature, including without limitation personal injury, death and property damage, whether directly or indirectly related to or arising out of your participation in any such SwPt Event.

It is understood and acknowledged that SwPt will not be responsible for temporary or intermittent problems or interruptions of the service provided by SwPt, whether due to issues with the server or software itself, or due to the hardware or software capabilities of a member.

1. Eligibility.

Membership of this Service where it is not authorized by local laws is prohibited. By using this Site and the Service, you declare and warrant that all registration information you submit is truthful and accurate and that you agree to keep such information accurate. You further declare and warrant that you are 18 years of age or older and that your use of SwPt will not violate any applicable law or regulation. Your profile may be deleted without prior notice if it is found that you are misrepresenting your age. Your membership is for your personal use only, and you may not authorize third parties to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for interactions with other members.

You must read and accept the terms and conditions contained herein, as they apply each time you visit this site.

You must be familiar with the details of our Privacy Policy.

You must use the site in accordance with the laws in force in the country where you are located.

2. Your interactions.

You are solely responsible for your interactions and communication with other Members. You understand that SwPt does not evaluate, select, monitor or screen its Members in any way, that SwPt does not investigate the backgrounds of its Members, nor does it attempt to verify the statements of its Members. SwPt makes no representation or warranty, express or implied, regarding the conduct of Members or their compatibility with any current or future Members. However, we recommend that if you choose to meet or exchange personal information with any other SwPt member, then for your own self-protection it would be advisable to perform a background check on that person.

SwPt shall not be liable, under any circumstances, for any damages, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising from or related to the conduct of you or any other person as a result of using the Service, including without limitation physical injury, emotional distress, and/or any other damages resulting from communications or encounters with other registered members of this Service or persons you meet through this Service.

Members acknowledge and consent to the random monitoring of member transmissions by SwPt, in order to attempt to ensure member compliance with the Code of Conduct. This is not intended to be a guarantee by SwPt, as the monitoring of all transmissions would not be feasible or practical.

3. Terms/Fees.

This Agreement will remain in full force and effect for as long as you use the Site, the Service and/or are a member of SwPt. You may terminate your membership at any time. SwPt may change your member status or terminate your membership for any reason, whether or not with prior notice to the email address provided in the member registration form or to another email address you may subsequently provide to SwPt. By using the Service and becoming a member, you acknowledge that SwPt reserves the right to charge certain fees for the Service. By using the Service and becoming a member, you likewise acknowledge that SwPt, in its sole discretion, reserves the right to change your member status or to terminate your membership, with no obligation to refund any amounts paid for the Service in whole or in part, or if the member breaches/violates this Agreement or does not pay for the Service as required by this Agreement.

As regards the “Lifetime” account status, this is considered for the useful life of the site or of its current ownership. Lifetime does not mean your entire life. SwPt reserves the right to cancel a lifetime membership at any time and for any reason. If you cancel your lifetime membership and later decide to create a new account, it is up to SwPt to decide whether to reinstate your lifetime membership.

Paid access services carry prices that depend on the type of associated status and are available for consultation directly on the Site (prices include taxes, unless otherwise indicated). The chosen payment method may possibly correspond to an option to extend account status by constant, equal and automatic renewal periods (subscription), the cancellation of which may be requested at any time by sending an email to admin@swpt.org, with the cancellation of this option only taking effect after 5 business days from receipt of the request. No refund will be granted for payment resulting from the member's failure to cancel automatic payment.

If you are an EU consumer, as defined in European Directive 97/7/EC, and upgrade your account status, you may cancel it within 14 days of the date you made the payment by sending us a written notice in accordance with European Directive 97/7/EC. The refund will be made within 30 days from the date of the notification. However, the right to a full refund ceases as soon as you have used the site after payment, in which case you agree to performance of the contract beginning before the cancellation period expires, and SwPt reserves the right to be adequately paid for the service provided; the calculation of the proportional refund amount will be based on the price agreed in the contract.

4. Non-commercial use by Members.

The Site is for the personal use of Members only and may not be used in connection with any commercial activity except those specifically endorsed or approved by SwPt Administration. Illegal and/or unauthorized use of the Site, including the collection of Members' Nicknames and/or email addresses by electronic or other means for the purpose of sending unsolicited or unauthorized emails (SPAM), or unauthorized framing of or linking to the Site, will be investigated. Commercial advertising, affiliate links and other forms of solicitation may be removed from member profiles without prior notice and may result in termination of all membership privileges. SwPt will take appropriate legal action against any unauthorized use of the Site.

5. Ownership rights in content on SwPt.

SwPt owns and retains all ownership rights in the Site and the Service. The Site contains material protected by copyright, trademarks and other proprietary information owned by SwPt and its licensors. Except for information in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of this proprietary information.

The acronym “SwPt” is a registered trademark owned by the holders of the company that manages and owns the site and its programmatic contents. Accordingly, any unauthorized use of the acronym “SwPt” — on its own or together with other letters, acronyms or words (for example, in a nickname or email address) — is expressly prohibited and subject to appropriate legal measures.

6. Content published on the Site & Code of Conduct.

a. You understand and agree that SwPt may review and delete any content, messages, chat messages, photographs and profiles (collectively, “Content”) that in SwPt's sole discretion violates this Agreement or that may be offensive, illegal or may violate the rights of, harm or threaten the safety of any Member.

b. You are solely responsible for the Content you publish or display (hereinafter referred to as “post”) on the Service, or for any other material or information you transmit to other Members.

c. By posting any Content in the public areas of the Site, you hereby grant SwPt a worldwide, non-exclusive, fully paid-up license to use, perform and publicly display such Content on the Site. This license will terminate at the moment you remove such Content from the Site.

d. The site may contain content that cannot be shared or that you may find objectionable.

e. Described below is a partial list of the type of Content that is illegal or prohibited on the Site. SwPt reserves the right to investigate and take appropriate legal measures in its sole discretion against anyone who violates this provision, including but not limited to the removal of the offending communication from the Service and termination of such transgressors' membership. Prohibited Content includes Content that:

i. is clearly offensive and promotes racism, bigotry/intolerance, hatred or physical harm of any nature against any group or individual;

ii. harasses or encourages/advocates the harassment of another person;

iii. involves the transmission of “junk mail”, “chain letters” or “unsolicited mass emails” or “spamming”;

iv. promotes information that you know to be false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous/slanderous.

v. promotes the illegal or unauthorized copying of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;

vi. contains restricted-access pages or password-protected pages, or hidden pages or images (those not linked to or from another accessible page);

vii. provides material that exploits persons under 18 years of age in a sexual or violent manner, or solicits personal information from any person under 18 years of age;

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

ix. solicits passwords or personally identifying information for commercial or unlawful purposes from other users;

or x. involves commercial activities and/or sales without our written consent, such as contests, sweepstakes, raffles, betting, barter, advertising or pyramid schemes.

f. You must use the Service in a manner consistent with any and all applicable legal and regulatory provisions.

g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not send any chain letters or junk mail to other Members. Although SwPt cannot control the conduct of its Members off the Site, it also constitutes a violation of these rules to use any information obtained through the Service to stalk/harass, abuse or harm another person, or 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, SwPt reserves the right to restrict, to an amount that SwPt deems appropriate in its sole discretion, the number of emails a Member may send to other Members in any 24-hour period.

h. You may not cover or obscure banner advertising on your personal profile page, or on any other SwPt page, through HTML/CSS or any other means.

i. Any automated use of the system is prohibited, such as using scripts to add friends.

j. You may not attempt to impersonate another member or a person who is not a SwPt member.

k. You may not use another Member's account, nickname or password under any circumstances, nor may you disclose your password to third parties or allow third parties to access your account.

l. You may not sell or in any way transfer your profile.

If you, as a Member, have been offended by the acts or behavior of another Member who has violated SwPt's Code of Conduct or any of the terms and conditions of this Membership Agreement, it is your responsibility to report such behavior to SwPt Administration, at the emails provided, or by using the contact form on the “Contact Us” page available on the site.

Upon receipt of such notification, SwPt will review and resolve the reported situation within 7 business days. SwPt will monitor the mail and/or chat of all parties involved and analyze the reported content, such as photographs and comments, to determine whether they represent an actual violation of these Terms of Use and/or the Code of Conduct. Once the analysis process is complete, the members will be informed of SwPt's decision. If non-compliance with the Terms of Use and/or the Code of Conduct is confirmed, the members will be informed of the decision and will have 48 hours to object to it; after that period, the content will be removed and the members' accounts will be suspended.

If the offending behavior continues or is repeated, the account of the offending member(s) will be closed, terminating their membership, at SwPt's sole discretion. In addition, if any monitored emails contain language involving threats or any other violations of the law, such emails will be forwarded to the competent authorities.

7. Transactions with Advertisers or Sponsors.

SwPt may use advertisers and/or sponsors to reduce the costs of providing the Service. As a condition of using the Service, Members agree that we may post advertisements and other promotions on the Site, from SwPt or from third parties, and that we may send you advertisements and promotions through any means related to the Service, including but not limited to the email address provided in the Site registration form. Members also agree not to attempt to block advertisements and promotions or to otherwise restrict them. SOME COUNTRIES DO NOT AUTHORIZE THE SENDING OF ADVERTISING MESSAGES WITHOUT THE MEMBER'S EXPRESS CONSENT. THE ABOVE PROVISION MAY THEREFORE NOT APPLY TO THE MEMBER. The inclusion of advertisements or promotions on the Site or in the Service does not imply that SwPt is not involved in the content, and/or service and/or in the product, service or company in question. We try to ensure that advertisements and promotions are of interest to Members. Members have the right to request, at any time, that they no longer (from then on) be included in direct marketing actions. SwPt has no involvement in and is in no way responsible for any transactions of products or services made available by such third parties, or for the content of information made available in connection with third-party products or services. Members also agree that SwPt is not responsible for any damages, of whatever nature, arising from such transactions.

Additionally, the provisions of Portuguese Law allow any user to indicate that they do not wish to receive unwanted advertising, and therefore SwPt must comply with these provisions. You may, at any time, “opt out” or “remove” your email from the service's mass-mailing list by editing the settings of your profile.

8. Copyright Policy.

You may not in any way publish, distribute or reproduce any material protected by copyright, trademark or other information subject to proprietary rights without first obtaining the written consent of the holder of such proprietary rights. It is SwPt's policy to terminate all membership privileges of anyone who repeatedly infringes copyrights following prompt notification to SwPt by the copyright owner or by the copyright owner's legal representative. Without limiting the foregoing, if you believe that your work has been copied and published on the Service in a way that constitutes copyright infringement, please provide SwPt with the following information: an electronic or physical signature of the person authorized to act on behalf of the interests of the copyright owner; a description of the copyrighted work you claim has been infringed; a description of where on the Site the material you claim is infringing is located; your postal address, phone number and email address; a written statement by you that you believe in good faith that the contested use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. For purposes of notifying claims of copyright infringement, SwPt can be contacted through the email address Admin@swpt.org.

9. Disputes between Members.

You are solely responsible for your interactions with other SwPt Members. SwPt reserves the right, but not the obligation, to monitor disputes between you and other Members.

10. Complaints Policy — Online dispute resolution for consumer disputes.

Consumers resident in Europe should be aware that the European Commission has launched an online platform that acts as an alternative dispute resolution instrument. This instrument may be used by European consumers to resolve controversies and disputes related to or arising from online contracts for goods and services. Therefore, if you are a European Consumer, you may use this platform to seek resolution of any disputes arising from online contracts with the owner. The platform can be found at the following link: http://ec.europa.eu/consumers/odr/

The owner is available to answer any questions sent by email to any of the email addresses listed in the Contacts section of the site.

11. Disclaimer, Release and Limitation of Liability / Waivers.

SwPt is not responsible for any incorrect or inaccurate content published on the Site or related to the Service provided, whether caused by Site users, Members or by any equipment or programming associated with or used in the Service. SwPt is not responsible for the conduct, whether online or offline, of any Site user or Service Member. SwPt assumes no responsibility for any error, omission, interruption, suppression, defect, delay in operation or transmission, communication-line failure, theft or destruction or unauthorized access to, or alteration of, any user's or Member's communication. SwPt is not responsible for any problems or technical malfunction of any network or telephone lines, online computer systems, servers or Internet access providers, computer equipment, software, failure of any email or readers due to technical problems or Internet traffic congestion on the Internet or on any Site, or a combination of these, including any injury or damage to users and/or Members or to any person's computer, related to or resulting from participation in or downloading of materials in connection with the Site and/or related to the Service. SwPt shall not in any case be liable for any loss or damage, including personal injury or death, resulting from the use of the Site or the Service or of any Content published on the Site or transmitted to Members, or from any interactions between Members of the Site, whether online or offline. The Site and the Service are provided “As Is”, and SwPt expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SwPt cannot guarantee and does not promise any specific results from the use of this Site and/or the Service.

12. Limitation of Liability.

SwPt SHALL NOT IN ANY CASE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST-PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE OR THE SERVICE, EVEN IF SwPt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN, SwPt's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED ONLY TO THE AMOUNT PAID, IF ANY, BY YOU TO SwPt FOR THE SERVICE DURING THE DURATION OF YOUR MEMBERSHIP.

13. Disputes

If there is any dispute about or involving the Site and/or the Service, by using the Site you agree that any dispute will be governed by the laws of the area where we are based, regardless of the existence of any conflict of laws, and you agree to personal jurisdiction in and at the venue of the area/district in which we are based.

14. Indemnification

You agree to indemnify and hold harmless SwPt, its affiliates, associates, staff, agents and other partners and employees from any loss, liability, claim or demand, including attorneys' 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.

15. Miscellaneous

This Agreement is accepted by your use of the Site and is reaffirmed and additionally confirmed by becoming a Member of the Service. This Agreement constitutes the entire agreement between you and SwPt regarding the use of the Site and/or the Service. SwPt's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. SwPt is a registered trademark owned by SwPt Administration.