PartyCouples.com (r) TERMS OF SERVICE AGREEMENT
To
ensure that you enjoy the highest standards of quality and service during
your visits to our site, we encourage you to read through the following
information. These legal notices spell out the terms and conditions to
which Users are expected to adhere.
CONTENTS AND USER SUBMISSIONS
1.1 The contents of this website are intended for the
personal, noncommercial use of its Users. All materials on this
website
(including, but not limited to, news articles, photographs, images, illustrations,
audio and video clips, also known as “The Content”) are
protected by copyright and other intellectual property laws, and
are owned or controlled
by the party credited as the provider of the content, software, or other
materials. Users shall abide by all additional copyright or other
notices,
information, or restrictions appearing in conjunction with any Content
accessed through the Service. PartyCouples.com will strictly peruse
all violators of copyright laws, and unauthorized use of our REGISTERED
TRADEMARK.
1.2 The entire website is protected by copyright as
a collective work and/or compilation pursuant to U.S. copyright laws,
international conventions, and other copyright laws. Except as set
forth in Section 1 of this Terms of Service, Users may not modify, adapt,
translate,
exhibit, publish, transmit, participate in the transfer or sale of,
reproduce (except as provided in this section of the terms of Service),
create
derivative
works from, distribute, perform, display, reverse engineer, de-compile
or dissemble, or in any way exploit, any of the content, software,
materials or Service in whole or in part. PartyCouples.com will strictly peruse
all violators of copyright laws, and unauthorized use of our REGISTERED
TRADEMARK.
1.3 Users may NOT download or copy the Content unless
the Content is specifically designated for DOWNLOAD. Downloadable
items displayed on this Service for personal, noncommercial
use only, provided that User maintains all copyright and other notices
contained in such Content. Copying or storing of any allowed downloadable
Content for other
than personal, noncommercial use is expressly prohibited without the
prior written permission from the website or the copyright holder
identified
in the individual Content’s proprietary notices including copyright
notice. No member shall download and use the photos and writings of
others
without express written permission of the owner of such property. Any
violation of this provision will constitute immediate removal from this
website without refund or recourse. PartyCouples.com will strictly peruse
all violators of copyright laws, and unauthorized use of our REGISTERED
TRADEMARK.
PROFILES, FORUMS AND DISCUSSIONS
2.1 User shall not upload to, distribute, or otherwise
publish through the website, any Content which is libelous, defamatory,
obscene, pornographic, profane, sexually explicit, abusive or otherwise
violates any law. Please use your best judgment, and be respectful
of
other individuals using the bulletin boards. Do not use vulgar, abusive,
or hateful language. Bulletin boards within the website are provided
to
give our users an interesting and stimulating forum in which they may
express their opinions and share their ideas. Neither the website,
nor
the management, endorses the opinions placed on these bulletin boards.
User acknowledges that any submissions may be
published, transmitted and/or displayed on the Internet on our website.
We reserve the right to remove any submission and electronically
strip any HTML, scripts, animations, URL's, E-mail addresses, or
any other non-text submission. In addition, User warrants
that all moral rights in any upload materials have been
waived.
2.2 The Profiles, Forums, Internal Mail, Photo Chat
and Video Chat shall be used only in a noncommercial manner. Any
representation of any URL other than PartyCouples.com, commercial
establishment, parties, swing clubs, or resorts will be grounds for
termination. NO PHONE NUMBERS can be listed on any profile or posting
anywhere on the site. User shall not, without express approval
from the webmaster, distribute or otherwise publish any material
containing any solicitation of PARTIES, FUNDS,
MEMBERSHIPS,
WESBSITES, ADVERTISING or any other solicitation for goods or services,
competitive or not.
2.3 The website promotes input from its users. However,
by submitting an idea, suggestion, or recommendation, the User waives
all right to the idea as intellectual property, and consents to the website
utilizing that idea, suggestion, or recommendation without attribution
or compensation. It is our utmost desire to provide every possible feature
and enhancement you desire. It is your suggestions that will make
PartyCouples.com the place to be on the web.
2.4 While PartyCouples.com does not
and cannot review every message posted by Users in the Forums and
is not responsible
for
any content of these messages, the management reserves the right to delete,
move or edit messages that it, in its sole discretion, deems are
in violation
of the law (including trademark and copyright law), or this User Agreement,
or are abusive, defamatory, obscene, or otherwise unacceptable.
Users
shall remain solely responsible for the content of their messages, legally
and morally. Every user accepts full responsibility for the legality
of any photos and text uploaded to this
website. All submissions are traceable back to the user that submitted
them. (no matter how good you think you are)
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 PartyCouples.com contains links
to other World Wide Web Internet sites, resources, and sponsors.
Selection of an
ad banner
or link redirects the User to a third party. Transactions that occur
between the User and the Third Party are strictly between the User
and the third
party and are not the responsibility of PartyCouples.com.com. PartyCouples.com.com
is not responsible for the availability of these outside resources
or
their contents. User should direct any concerns regarding any external
link to it’s site administrator or Webmaster.
3.2 PartyCouples.com.com permits its Users ONLY to
publish links personal websites that depict the photos and writings
of the user
in a manner to expand on the capable space offered in a PartyCouples.com.com
profile listing. PartyCouples.com.com and management checks the
content of User-linked web sites. Any link to a personal site containing
links to other adult websites or commercial sites will be removed.
Other links may direct the User to offensive,
obscene, or pornographic material. Use of User links is at the
User’s
discretion and peril. PartyCouples.com.com is not responsible for
content found
on User-linked
sites. It is
the responsibility
of the User / Website owner to obey all Internet laws pertaining to content
of these linked websites. No personal website will be allowed to be
linked
to if the site is promoting adult websites in any fashion, directly,
indirectly or by affiliate status. Users linking to such websites will
be immediately
removed from our system without recourse.
REPRESENTATIONS AND WARRANTIES
4.1 User represents, warrants and covenants that:
that no materials of any kind submitted by User or use thereof, in accordance
with the terms and conditions of this User Agreement, will:
(i) violate, plagiarize, or infringe upon the rights of any third party,
including copyright, trademark, privacy or publicity, moral rights, contract
or other personal or proprietary right;
(ii) contain libelous or otherwise unlawful material;
(iii) constitute false or misleading indications of origin or statements
of facts;
(iv) slander, libel or defame any person or entity;
(v) cause injury of any kind to any person or entity; or
(vi) violate any applicable laws, rules, regulations, or other governmental
regulations; and
that User is at least 18 years old. User hereby indemnifies, defends and
holds PartyCouples.com.com and all officers, directors, owners, agents,
information providers, affiliates, licensors and licensees (collectively,
the “Indemnified Parties”) harmless from and against any and
all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by User of the User Agreement
or the foregoing representations, warranties and covenants, including,
without limitation, reasonable attorney’s fees. User shall cooperate
as fully as reasonably required in the defense of any claim. PartyCouples.com.com
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by User.
4.2 PartyCouples.com.com neither represents nor endorses
the accuracy or reliability of any advice, opinion, statement, or other
information, displayed, uploaded, or distributed through the Service by
User, information provider or any other person or entity.
PARTYCOUPLES.COM, AND ANY MATERIALS PROVIDED
BY PARTYCOUPLES.COM OR THIRD
PARTIES, ARE PROVIDED “AS
IS.” PARTYCOUPLES.COM
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
THE MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER
WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION,
WHETHER ORAL, IN WRITING,
OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS
OF ANY MATERIALS PROVIDED THROUGH THE SERVICE.
PARTYCOUPLES.COM SHALL
NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR
INDIRECT, CONSEQUENTIAL, SPECIAL PUNITIVE OR EXEMPLARY
DAMAGE OR LOSS
INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, THE ACCESS SOFTWARE
OR ANY OF THE MATERIALS PROVIDED BY PARTYCOUPLES.COM
OR THIRD PARTIES
THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF
FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF
THE SERVICE OR THE ACCESS
SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION,
EVEN IF PARTYCOUPLES.COM HAS
ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS.
4.3 User hereby acknowledges that use of the website
is at the User’s sole discretion.
SOFTWARE LICENSES
5.1 User shall have NO rights to the proprietary software
and related documentation enhancements, or modifications thereto, provided
to the User to access the website
(Access Software). User may not sublicense, assign or transfer any membership
right / user rights granted by PartyCouples.com.com, and any attempt
at
such sublicense, assignment, or transfer is void and the membership will
be immediately terminated. User may not copy any software, programming
or scripts on the PartyCouples.com.com website for any reason. User may
not copy, distribute, modify, reverse engineer, or create derivative
works
from PartyCouples.com.com Software.
TERMINATION
6.1 PartyCouples.com.com may, in its sole discretion,
terminate or suspend User’s access to all or any part of the Service
for any reason, including, but not limited to, breach of the Terms of
Service. Termination or suspension does not entitle the User to a refund
of subscription monies paid. Termination or suspension will result in
the forfeiture of all subscription monies paid. Suspension or termination
is at the sole discretion of the Webmaster. Any decision to suspend or terminate is final and non-disputable.
Users will be suspended or terminated for violation of any regulation
outlined in this agreement, or any disruption caused to any other member
of this website. PartyCouples.com will not tolerate any disruptive member.
In the event of any disruption, all members involved in the dispute will
be immediately suspended from use of this site and may result in a full
termination of services.
6.2 Users of PartyCouples.com.com acknowledge that site
administrators have the right to terminate use without notice for any
User who restricts, inhibits or disrupts access to the website or attempts
to alter or improperly access any feature or function of the site. This
includes any type of “spider” software designed to rapidly
download any portion of this website for storage or off-line viewing.
A User’s access is limited to the viewing of pages presented on
this website by a single use of any username and password combination.
Any abuse of distributing the username and password used for entry to
this site is grounds for immediate termination and purging of your profile
information with warning. Any posting of illegal content or photos not
taken by you, or belonging to you may also lead to immediate termination.
if the User posts or transmits any illegal content, or harasses or threatens
any PartyCouples.com.com User or employee, posts content (including the
creation of usernames) that is offensive or otherwise disruptive; creation
of multiple accounts, or accounts with false and misleading information;
posts unsolicited advertising; or improperly impersonates an employee
or other individual.
GUIDELINES FOR USE
7.1 The primary purpose of this website is to enable
members with similar interests to communicate with each other by several
different medias. PartyCouples.com.com is only the provider of the medias
and has no control over the content or accuracy of what is portrayed in
these medias. Users can chat with each other, exchange stories or pictures,
and even to meet each other in person. Meeting in person should be done
with caution and at the sole risk of the User. In this regard, this website
is much like a national “Personals” section, and the same
care that one would exercise when giving information to strangers, or
setting up meetings with strangers, must be used here. PartyCouples.com.com
will NEVER give information about one User to another Your personal information
will only be available to specific staff members. Further, Users are cautioned
that giving any information to another User on this website carries with
it significant risks. Other advertisers may be perfectly wonderful individuals,
or they may not be. There is no reasonable way to determine this in advance
of your meeting. In short, if you give any information to anyone, you
are taking a significant risk. These risks are greatly increased if you
plan to meet other Users face-to-face. Please use caution and common-sense
when creating a personal meeting.
7.2 PartyCouples.com.com offers a “Certified
Couple”
. The verification
indicates that the User in question is the couple they say they are,
verified by other members or seen by the PartyCouples.com staff. The validity
of their relationship is beyond our control. We are only verifying that
we have seen a couple at the time of verification..
Members are awarded a “Certified Couple” icon
when they are verified by our staff members. partyCouples.com management has the sole discretion to determine
what
constitutes sufficient evidence. PartyCouples.com.com
promises to be as diligent as possible in awarding these verification
icons. Use the existence
of
the verification icon may assume the couple MAY be for real and expand
your own due diligence in ascertaining the real truth. One phone call
to the wife can generally dispel any myth there may be. Furthermore,
the
“Verification” only affirms that the User is a member and
has made contact with PartyCouples.com.com. There is no proof
either one of the applying members are swingers or will participate in
any activity or
function.
The “Verification” does not indicate that this User is safe
to contact, meet, or give information to. Use the same caution when
dealing
with a “Verified” or “Rated Single” that you
would use when dealing with any other User.
PRIVACY POLICY
8.1 PartyCouples.com.com takes every precaution to
protect your privacy. Only authorized employees have access to your
username,
password and only OFFICERS have access to any credit card transactions,
and PartyCouples.com.com has strict rules on its employees who have
access either to the databases
that
store
user information or to the servers that host our services. Your credit
card number is encrypted when accepted on our secure processing page.
Unlike
other websites that “hand-off” transactions to third party
processors, your credit card information NEVER leaves our facility by
the internet, encrypted or not. Your information is processed directly
to the bank from our own credit card processing servers by special protected
connections to the bank processing centers. No other lifestyle website
offers such protection. Your information is VERY secure! However, if
you
are in doubt, PartyCouples.com.com will accept your cardholder information
over the phone and process the transaction manually. PartyCouples.com.com
will not give information of any kind about a User to anyone. Users should
take care to protect their username and password. Exit from your web
browser
after every use. Chose a username and password that only you know, or
can guess.
MISCELLANEOUS
9.1 This User Agreement has been made in and shall be
construed and enforced in accordance with Nevada law. Any action to
enforce this agreement shall be brought in the federal or state court
located in California.
9.2 Official correspondence must be sent via certified
postal mail to:
Right Connection, Inc.
PartyCouples.com Division
2375 E Tropicana Ave #172
Las Vegas, NV 89119
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