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21st Century Swinger Terms and Conditions of use Close [X]


This web site contains adult material, which may offend certain individuals.
Members agree they are over the age of 18.
21st Century Swingers is a copyrighted web site. Contact admin@21centuryswinger.com for permissions.
Members accept that special offers and related prices are only available on the day of registering

Terms & Conditions

1. Definitions
The following terms shall have the following meanings
“Agreement”. 21st Century Swingers will provide the service of connecting single persons or couples in return for the payments set out below
“Conditions”: The provisions set out below which shall be incorporated into this agreement in their entirety
“Post”: means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the service, and the phrases “Posted” and “Posting” shall be construed accordingly.
“Profile”: means the section containing details and/or information about you composed and posted by you
“You, your or yourself”: means anyone whose application for the service is accepted by 21st Century Swingers

2. Obligations
2.1   21st Century Swingers shall have no liability for damages, death of or injury to you, claims, proceedings actions, awards, expenses, costs and any other losses and/or liabilities unless due to the negligence and other failure of 21st Century Swingers to perform its obligations under this agreement or under the general law.
2.2    21st Century Swingers shall not be liable to the service user for any defect in the service contributed to by you and/or any other user.
2.3    21st Century Swingers shall have no liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive and any and all rights of subrogation they may have against 21st Century Swingers
2.4    21st Century Swingers shall have no liability to you arising out of your use of the service and/or your reliance on any information and/or other material posted on the service or posted to you by other service users.
2.5    21st Century Swingers shall have no liability to you for any:-
      Economic and/or other similar losses: and/or
      Special damages and indirect losses 
Consequential losses, for example, loss of profit, damage to goodwill, health, loss of data, loss of programs and/or service interruptions.
2.6    You shall be under a duty to mitigate any loss damage, costs or expenses that you may suffer
2.7    Our total Liability to you under and/or arising in relation to any contract shall not exceed 5 times the amount paid by you for the service (if any) under this contract or the sum of £500 whichever is the higher.
2.7    Each of the limitations and/or exclusions in this agreement shall be deemed to be repeated and apply as separate provision for each of: 
2.7.1   Liability for breach of contract:
2.7.2   Liability in tort (including negligence): and
2.7.3   Liability for breach of statutory duty: except clause 2.10 above which shall apply once in respect of all the said types of liability
2.8    Nothing in this contract shall exclude or limit any of your statutory rights which may not be excluded or limited due to you acting as a consumer

3. Your obligations.
3.1    Allow 21st Century Swingers to exercise their decision, discretion, judgment or opinion or approval of any matter including photographs mentions in this Agreement or arising from it.
3.2    To accept that photographs may be rejected if at the discretion of the 21st Century Swingers shall deem the photograph to be unsuitable and allow 21st Century Swingers to modify submitted photographs to an appropriate size and/or quality. You also accept that photos submitted may be watermarked by the site your photo is displayed on.
3.3    You shall pay the sum due to 21st Century Swingers under this agreement and without any set-off deduction, counterclaim and/or any other withholding of the monies. Any applicable banking charges on such payments shall be borne by 21st Century Swingers.
3.4    All monies paid by you to 21st Century Swingers are non-refundable and cancellation and/or termination by you or 21st Century Swingers at any time for any reason will not entitle you to a refund of monies paid.
3.5    You will not transmit and/or post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties rights in (including but not limited to) intellectual property and/or privacy rights.
3.6    You will not use the service to advertise or promote another site, service and/or business in any way including but not limited to posting any personal e-mail addresses,
3.7    You will not use the service to solicit other users’ business buy or sell product and/or services through the service, this will result in instant removal from the site and action will be taken against persistent abusers.
3.8    You will not mis-use in any way the service or any information posted on the service.
3.9    You will not post and/or re-produce in any way any information and/or material in which the copyright, trademark and/or intellectual property belongs to another party without first obtaining the prior consent of the owners of such rights.
3.10    You will not use the service to post any chain letters and/or junk e-mail to other users.
3.11    You will not in any way assign transfer, part with and/or authorise any other person to use your Agreement with us.
3.12   You will not transmit and/or post and/or e-mail to another service user any information photographs, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening or likely to cause offence to another user.
3.13    You will not post numerous messages to different users, which are considered identical. 21st Century Swingers has the right to choose what messages are considered as 'identical' and 'numerous'.
3.14    You shall give 21st Century Swingers a reasonable opportunity to remedy for which 21st Century Swingers is liable before you incur any cost and/or expenses in remedying the matter yourself. if you do not do so 21st Century Swingers shall have no liability to you.
4. Price and payment
4.1    The price of the service will be displayed on signup page. Any increases in prices for the service will be displayed to you if, and when they occur.
4.2    All prices payable under this agreement unless otherwise stated are inclusive of vat and other duties taxes and any details given in relation to exchange rates are approximate only and may vary from time to time
4.3    Payment shall not be deemed to be made until 21st Century Swingers received either cash or cleared funds in respect of the full amount outstanding.
4.4    Subscriptions are automatically renewed based on the period agreed between both parties. Cancellation of such subscription will be effective upon that party sending written notice to the other party of their intention three working days prior to the renewal date of your subscription.
4.5    Subscriptions will be payable at the commencement of the agreement and will be automatically renewed. Cancellation of such subscription will be effective upon that party sending written notice to the other party of their intention three working days prior to the renewal date of your subscription.

5. Confidentiality
21st Century Swingers will use all reasonable commercial endeavours to keep your personal details, such as: your surname, email address and credit card number(s) confidential and will not divulge or allow to be divulged to any person such information other than information which is in the public knowledge or it is required to by law.

6. Miscellaneous
6.1    Each party acknowledges that this agreement contains the whole Agreement between the parties and that this agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
6.2    These conditions shall govern the agreement between you and 21st Century Swingers to the exclusion of any other terms or conditions and you agree to abide by these terms and conditions.
6.3    Upon applications for membership you will be required to provide 21st Century Swingers with sufficient information to show that you are 18 years or over and by accepting these conditions you represent and warrant that you are at least 18 years old.
6.4    These conditions supersede all terms and conditions whether written or oral and shall replace any terms and conditions previously notified to you as at the commencement date. Agreements are cancelled as at the commencement date, but without prejudge to any rights, which have already accrued to either of the parties. 21st Century Swingers reserve the right to modify these conditions at any time without any warning to yourself.
6.5    Employees, sub-contactors and/or agents are not authorised to make any representations or warranties concerning the service unless confirmed by 21st Century Swingers in writing.
6.6    21st Century Swingers reserve the right to monitor and at our option to remove/modify for any reason any information, photographs and/or other material posted by you.
6.7    21st Century Swingers shall have the rights to refuse to register applications for membership and to terminate memberships at any time without any refund.
6.8    You acknowledge that any details posted by you on the service will be able to be accessed by the members.
6.9    You shall, be responsible for the accuracy of any information necessary and for adding your email address for 21st Century Swingers to perform the service and for Your interactions with other users.
6.10  The agreement between you and 21st Century Swingers shall come into effect on acceptance of your application for membership. No application for membership shall be deemed to be accepted by 21st Century Swingers until you have received confirmation of your membership from 21st Century Swingers by email.
6.11  Your details and Profile will be displayed on the service and you will be able to view the details and profiles of other users.
6.12    You will not be able to contact or reply to another user’s messages until 21st Century Swingers has received payment unless stated otherwise.
6.13    You are solely responsible for your own interactions with other users.

    1. 21st Century Swingers reserve the rights to make changes to the service as required from time to time by law or applicable safety requirement provided that they do not have a material adverse effect on the quality of the service.

7. Termination
7.1    Either party may cancel this agreement at any time, for any reason. Cancellation of this agreement by either party will be effective upon that party sending written notice to the other party of their intentions. To cancel the agreement you must provide 21st Century Swingers with written notice.
7.2    The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall than be determined accordance with this clause: -  
7.2.1   Your failure to make punctual payment of all sums due to us under the terms of this agreement.
7.2.2   A breach by you to observe any obligation under this agreement not requiring notice to be served and in case obligations requiring notice to be served failure to comply with the terms of any notice.
7.2.3   Persistently breaching the terms of this agreement.
7.2.4   The doing or permitting of any act by which rights in the intellectual property may by prejudiced or put in jeopardy.

8. Termination consequences
In the event of this agreement being determined whether by effluxion of time, Notice, breach or other wise: -
8.1    You shall immediately pay to 21st Century Swingers: -
8.1.1   All arrears of sums due under the terms of this agreement.
8.1.2   All further sums which would but for the determination of this agreement have fallen due at the end of the term.
8.2    Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform outstanding liabilities an under this agreement notwithstanding that other the other may have exercised one or more of the rights and remedies against it.
 8.3  Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the other’s conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.

9. Intellectual property rights and confidentiality
9.1    All intellectual property rights including without limitation all patents copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same in the service shall be owned by 21st Century Swingers absolutely.
9.2    You agree that you will keep confidential and not use except for purposes contemplated by this agreement any and/or all information relating to the service which may be disclosed to you or which you may learn except where such information is public knowledge or it is required to be disclosed by law.

10. Guarantee
10.1    The service is provided in its current form and 21st Century Swingers do not guarantee that the service or any element of the service will meet your requirements, purpose and/or expectations.
10.2    21st Century Swingers do not warrant that any of the information and/or material (including but not limited to the email address and profile) in the service is accurate.
10.3    21st Century Swingers do not provide any warranty in respect of the service, Results availability, and/or uninterrupted use of the service.

11. Force Majeure
Both parties shall be released from their respective obligations in the event and or matters which are due any events outside reasonable control including but not limited to acts of god, national emergency, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion malicious damage, explosion, governmental actions and other similar events whereupon all money due under this agreement shall be paid immediately and in particular : -
11.1    You shall pay to 21st Century Swingers all arrears of payments.
11.2    Each party shall be liable to pay to the other damages for any beach of this agreement and all expenses and costs incurred by that party in enforcing its rights under this agreement.

12. Indemnity
You agree indemnify and keep indemnified 21st Century Swingers against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Online Swingers and arising from and/or relating to your use of the service information and/or other material posted on the service by you and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or breach of statutory duty by you.

13. General
13.1    Each party acknowledges that this agreement contains the whole agreement for the provision of the service and that it has not relied upon any oral written representation made to it by the other or its employees or agents and have made its own independent investigations into all matters relevant to it.
13.2    Any Decision exercise of discretion judgement or opinion or approval of any matter mentioned in this agreement or arising from it shall be binding on all parties unless otherwise expressly provided in this agreement.
13.3    Whilst 21st Century Swingers provide every effort to modify photographs and messages there is no liability on 21st Century Swingers in the event that a message gets sent out un-screened and with an adult content.
13.4    If any provision of this agreement id declared by any judicial or other competent authority to be void, voidable, illegal otherwise unenforceable, or indications to that effect are received by either of the parties from any competent authority the remaining provisions of this agreement shall remain in full force and effect unless 21st Century Swingers in their discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event Online Swingers shall be entitled to terminate this agreement and the provisions of clause (9) shall apply accordingly.
13.5    No waiver by 21st Century Swingers of any breach of this agreement shall be considered as a waiver or any subsequent breach of the same provision or any other provision.
13.6    Unless otherwise stated these terms and conditions will survive termination and/or cancellation of this agreement for any reason.

14. Headings
Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

15. Proper Law and Jurisdiction.
This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England. The parties agree to submit to the non-exclusive jurisdiction of the English courts.


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Advice, Rules & Common Courtesy

i Hygiene
i Ground Rules
i General Conduct
i Sexual Intercourse
i Setting the rules
i View terms & Conditions


The first rule is to meet other human beings and have fun.

Having fun is easy when everyone wants to participate ….

but if not every one approves its not fun ….

respect other people’s wishes and “NO THANK YOU” means   IT’S NOT FOR ME.

 

Hygiene

Common sense really: Be Clean and Disease free. Remember to bathe or shower before attending any meeting of others. Body odours can be a quick way to end your fun. If you play with another partner, please wash up before playing with another.

Condoms are a must: It is up to all to protect themselves as well as their partners. It is advisable to always use condoms especially when meeting others for the first time. With the present concern over sexually transmitted diseases nobody should be offended by using condoms, in fact it is expected by most swingers. If you are careful you can keep your risk low of getting a  Sexually Transmitted Diseases which is always a possibility for those who ignore advice and take risks.

Always be prepared, have a bag full of appropriate items, we suggest it include toiletries, towels, condoms, a change of clothes and of course if you are not wearing any "sexy lingerie".

 

Ground Rules

THE MOST IMPORTANT step to take BEFORE attending any meeting or party with other couples or singles is:-

ALL of you must discuss and set ground rules that both of you MUST agree on before you meet or party, this will ensure there will be no misunderstandings during or after your first night out especially if its yours first meeting or party. You must always discuss your limits of play and any specific things that would upset yourself or your partner. If you discuss intercourse, ALWAYS talk about the use of condoms.

After making ground rules ensure you don't break them! Many arguments are started by one partner bending or breaking the rules that were set by both partners. Use the next occasion to be more adventurous in setting rules. The key to total enjoyment in a swinging lifestyle is good communication between you and your partner and all other people involved.

The more couples/individuals communicate, the more comfortable all of you will be with each other.

 

General Conduct and Behaviour Suggestions

If you are not planning to wear any clothes, have some printed cards with your first names and a contact phone number on to swap if you meet a couple that you would like to keep in touch with.

House Parties: When attending a private party in a home, please remember that it is someone's home and conduct yourselves accordingly. Please respect the house owner’s requests to smoking, drinking, parking, play areas etc.

R.S.V.P:  if you are invited, it is considered proper etiquette to reply as soon as you decide whether or not you will be attending. If it is a couples only club or party, it is not proper to show up without your partner.  Ask ahead if you are unsure if you are expected to bring something i.e. beverage or food item are most common. If you are not asked to bring anything, it is always a nice gesture to give the host a bunch of flowers or scented candles.

When at a private party know the room rules. Doors are never to be locked, though some may be designated as "private", "semi-private", or "open". Just because you go in an open room does not mean that you have to join in. It also does not mean that just anyone can party with you. Remember, you can say no, even in an open room.

Most important, have a good time, act out your fantasies, explore your own sexuality and enjoy everything this lifestyle has to offer with enthusiasm, laughter and a positive attitude. You are there to have the best of times and to share the uninhibited enjoyment with those who have discovered a new dimension in their lifestyles. Don't hesitate to introduce yourselves to other people. You'll find them eager to welcome you. Remember the comfort level and feelings of your spouse and other partners. Always communicate your feelings with your spouse and your new sexual partners.

 

Sexual Intercourse

Intercourse the MOST IMPORTANT rule to talk about before attending any meeting or party. If you don't thoroughly discuss this topic and one of you has intercourse, you can imagine the problems you have just created for each other. Many individuals are not ready to see their partner have intercourse with another person. Others are so excited about the opportunity to see their partner take on several new partners. Only the two of you know the comfort levels and limits you want your partner to go to.

If you are new to swinging, why not try Soft Swinging, it has all the sexual play but not intercourse.

Remember Swinging is not recommended for weak marriages or for couples that don't communicate well with each other.

Couples who are in a strong marriage and are both very sexually active with each other should enjoy seeing their partner have intercourse with new partners and enjoy the same level of play themselves. But you may find out its not for you, in which case be honest and discuss your feelings with you partner before it destroys your partnership.

Most couples will tell you that their sexual experiences at home are heightened significantly after attending meetings and parties.

 

Setting The Rules by Discussing Fantasies

This process works best by discussing each and every possible sexual situation. Such as, will you let me kiss another man or woman? Can I play or suck on someone's breasts? Would you like to see me dress up like a prostitute? Can I play dominate and tell others to make love to me? Would you like to see me take on two men or women at the same time? Can I try a bi experience?

You can also express the desire to your partner. I am going to let all the men play with me! I am going to let every hard cock feel my wet mouth and sticky pussy! I am going to pump my hard cock into a different pussy while you watch! I want you to sit on my face while another lady sucks on my hard cock. I want two cocks in my pussy or mouth at the same time!

By discussing all the possibilities, it gives both of you the opportunity to say, wait a minute, I want that special treat saved only for me, or I'm not ready to go that far. The more situations you discuss, the better mentally prepared both of you will be when these fantasies turn into reality for the first time.

Some couples are into taking their own movies of each other. Talk about all the typical things you do sexually at home with each other and if you are both willing to have these things done by new partners. Do you want to play together so you can see your partner or do you want to play in separate rooms? It is recommended that you play in the same room with new playmates to see your partner’s reaction with a new playmate. The new experiences you share together will be a great turn on when recalling them at home.

 

<< Back to top

21st Century Swinger Terms and Conditions of use Close [X]

This web site contains adult material, which may offend certain individuals.
Members agree they are over the age of 18.
21st Century Swingers is a copyrighted web site. Contact admin@21centuryswinger.com for permissions.
Members accept that special offers and related prices are only available on the day of registering

Terms & Conditions

1. Definitions
The following terms shall have the following meanings
“Agreement”. 21st Century Swingers will provide the service of connecting single persons or couples in return for the payments set out below
“Conditions”: The provisions set out below which shall be incorporated into this agreement in their entirety
“Post”: means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the service, and the phrases “Posted” and “Posting” shall be construed accordingly.
“Profile”: means the section containing details and/or information about you composed and posted by you
“You, your or yourself”: means anyone whose application for the service is accepted by 21st Century Swingers

2. Obligations
2.1   21st Century Swingers shall have no liability for damages, death of or injury to you, claims, proceedings actions, awards, expenses, costs and any other losses and/or liabilities unless due to the negligence and other failure of 21st Century Swingers to perform its obligations under this agreement or under the general law.
2.2    21st Century Swingers shall not be liable to the service user for any defect in the service contributed to by you and/or any other user.
2.3    21st Century Swingers shall have no liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive and any and all rights of subrogation they may have against 21st Century Swingers
2.4    21st Century Swingers shall have no liability to you arising out of your use of the service and/or your reliance on any information and/or other material posted on the service or posted to you by other service users.
2.5    21st Century Swingers shall have no liability to you for any:-
      Economic and/or other similar losses: and/or
      Special damages and indirect losses 
Consequential losses, for example, loss of profit, damage to goodwill, health, loss of data, loss of programs and/or service interruptions.
2.6    You shall be under a duty to mitigate any loss damage, costs or expenses that you may suffer
2.7    Our total Liability to you under and/or arising in relation to any contract shall not exceed 5 times the amount paid by you for the service (if any) under this contract or the sum of £500 whichever is the higher.
2.7    Each of the limitations and/or exclusions in this agreement shall be deemed to be repeated and apply as separate provision for each of: 
2.7.1   Liability for breach of contract:
2.7.2   Liability in tort (including negligence): and
2.7.3   Liability for breach of statutory duty: except clause 2.10 above which shall apply once in respect of all the said types of liability
2.8    Nothing in this contract shall exclude or limit any of your statutory rights which may not be excluded or limited due to you acting as a consumer

3. Your obligations.
3.1    Allow 21st Century Swingers to exercise their decision, discretion, judgment or opinion or approval of any matter including photographs mentions in this Agreement or arising from it.
3.2    To accept that photographs may be rejected if at the discretion of the 21st Century Swingers shall deem the photograph to be unsuitable and allow 21st Century Swingers to modify submitted photographs to an appropriate size and/or quality. You also accept that photos submitted may be watermarked by the site your photo is displayed on.
3.3    You shall pay the sum due to 21st Century Swingers under this agreement and without any set-off deduction, counterclaim and/or any other withholding of the monies. Any applicable banking charges on such payments shall be borne by 21st Century Swingers.
3.4    All monies paid by you to 21st Century Swingers are non-refundable and cancellation and/or termination by you or 21st Century Swingers at any time for any reason will not entitle you to a refund of monies paid.
3.5    You will not transmit and/or post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties rights in (including but not limited to) intellectual property and/or privacy rights.
3.6    You will not use the service to advertise or promote another site, service and/or business in any way including but not limited to posting any personal e-mail addresses,
3.7    You will not use the service to solicit other users’ business buy or sell product and/or services through the service, this will result in instant removal from the site and action will be taken against persistent abusers.
3.8    You will not mis-use in any way the service or any information posted on the service.
3.9    You will not post and/or re-produce in any way any information and/or material in which the copyright, trademark and/or intellectual property belongs to another party without first obtaining the prior consent of the owners of such rights.
3.10    You will not use the service to post any chain letters and/or junk e-mail to other users.
3.11    You will not in any way assign transfer, part with and/or authorise any other person to use your Agreement with us.
3.12   You will not transmit and/or post and/or e-mail to another service user any information photographs, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening or likely to cause offence to another user.
3.13    You will not post numerous messages to different users, which are considered identical. 21st Century Swingers has the right to choose what messages are considered as 'identical' and 'numerous'.
3.14    You shall give 21st Century Swingers a reasonable opportunity to remedy for which 21st Century Swingers is liable before you incur any cost and/or expenses in remedying the matter yourself. if you do not do so 21st Century Swingers shall have no liability to you.
4. Price and payment
4.1    The price of the service will be displayed on signup page. Any increases in prices for the service will be displayed to you if, and when they occur.
4.2    All prices payable under this agreement unless otherwise stated are inclusive of vat and other duties taxes and any details given in relation to exchange rates are approximate only and may vary from time to time
4.3    Payment shall not be deemed to be made until 21st Century Swingers received either cash or cleared funds in respect of the full amount outstanding.
4.4    Subscriptions are automatically renewed based on the period agreed between both parties. Cancellation of such subscription will be effective upon that party sending written notice to the other party of their intention three working days prior to the renewal date of your subscription.
4.5    Subscriptions will be payable at the commencement of the agreement and will be automatically renewed. Cancellation of such subscription will be effective upon that party sending written notice to the other party of their intention three working days prior to the renewal date of your subscription.

5. Confidentiality
21st Century Swingers will use all reasonable commercial endeavours to keep your personal details, such as: your surname, email address and credit card number(s) confidential and will not divulge or allow to be divulged to any person such information other than information which is in the public knowledge or it is required to by law.

6. Miscellaneous
6.1    Each party acknowledges that this agreement contains the whole Agreement between the parties and that this agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
6.2    These conditions shall govern the agreement between you and 21st Century Swingers to the exclusion of any other terms or conditions and you agree to abide by these terms and conditions.
6.3    Upon applications for membership you will be required to provide 21st Century Swingers with sufficient information to show that you are 18 years or over and by accepting these conditions you represent and warrant that you are at least 18 years old.
6.4    These conditions supersede all terms and conditions whether written or oral and shall replace any terms and conditions previously notified to you as at the commencement date. Agreements are cancelled as at the commencement date, but without prejudge to any rights, which have already accrued to either of the parties. 21st Century Swingers reserve the right to modify these conditions at any time without any warning to yourself.
6.5    Employees, sub-contactors and/or agents are not authorised to make any representations or warranties concerning the service unless confirmed by 21st Century Swingers in writing.
6.6    21st Century Swingers reserve the right to monitor and at our option to remove/modify for any reason any information, photographs and/or other material posted by you.
6.7    21st Century Swingers shall have the rights to refuse to register applications for membership and to terminate memberships at any time without any refund.
6.8    You acknowledge that any details posted by you on the service will be able to be accessed by the members.
6.9    You shall, be responsible for the accuracy of any information necessary and for adding your email address for 21st Century Swingers to perform the service and for Your interactions with other users.
6.10  The agreement between you and 21st Century Swingers shall come into effect on acceptance of your application for membership. No application for membership shall be deemed to be accepted by 21st Century Swingers until you have received confirmation of your membership from 21st Century Swingers by email.
6.11  Your details and Profile will be displayed on the service and you will be able to view the details and profiles of other users.
6.12    You will not be able to contact or reply to another user’s messages until 21st Century Swingers has received payment unless stated otherwise.
6.13    You are solely responsible for your own interactions with other users.

    1. 21st Century Swingers reserve the rights to make changes to the service as required from time to time by law or applicable safety requirement provided that they do not have a material adverse effect on the quality of the service.

7. Termination
7.1    Either party may cancel this agreement at any time, for any reason. Cancellation of this agreement by either party will be effective upon that party sending written notice to the other party of their intentions. To cancel the agreement you must provide 21st Century Swingers with written notice.
7.2    The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall than be determined accordance with this clause: -  
7.2.1   Your failure to make punctual payment of all sums due to us under the terms of this agreement.
7.2.2   A breach by you to observe any obligation under this agreement not requiring notice to be served and in case obligations requiring notice to be served failure to comply with the terms of any notice.
7.2.3   Persistently breaching the terms of this agreement.
7.2.4   The doing or permitting of any act by which rights in the intellectual property may by prejudiced or put in jeopardy.

8. Termination consequences
In the event of this agreement being determined whether by effluxion of time, Notice, breach or other wise: -
8.1    You shall immediately pay to 21st Century Swingers: -
8.1.1   All arrears of sums due under the terms of this agreement.
8.1.2   All further sums which would but for the determination of this agreement have fallen due at the end of the term.
8.2    Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform outstanding liabilities an under this agreement notwithstanding that other the other may have exercised one or more of the rights and remedies against it.
 8.3  Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the other’s conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.

9. Intellectual property rights and confidentiality
9.1    All intellectual property rights including without limitation all patents copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same in the service shall be owned by 21st Century Swingers absolutely.
9.2    You agree that you will keep confidential and not use except for purposes contemplated by this agreement any and/or all information relating to the service which may be disclosed to you or which you may learn except where such information is public knowledge or it is required to be disclosed by law.

10. Guarantee
10.1    The service is provided in its current form and 21st Century Swingers do not guarantee that the service or any element of the service will meet your requirements, purpose and/or expectations.
10.2    21st Century Swingers do not warrant that any of the information and/or material (including but not limited to the email address and profile) in the service is accurate.
10.3    21st Century Swingers do not provide any warranty in respect of the service, Results availability, and/or uninterrupted use of the service.

11. Force Majeure
Both parties shall be released from their respective obligations in the event and or matters which are due any events outside reasonable control including but not limited to acts of god, national emergency, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion malicious damage, explosion, governmental actions and other similar events whereupon all money due under this agreement shall be paid immediately and in particular : -
11.1    You shall pay to 21st Century Swingers all arrears of payments.
11.2    Each party shall be liable to pay to the other damages for any beach of this agreement and all expenses and costs incurred by that party in enforcing its rights under this agreement.

12. Indemnity
You agree indemnify and keep indemnified 21st Century Swingers against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Online Swingers and arising from and/or relating to your use of the service information and/or other material posted on the service by you and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or breach of statutory duty by you.

13. General
13.1    Each party acknowledges that this agreement contains the whole agreement for the provision of the service and that it has not relied upon any oral written representation made to it by the other or its employees or agents and have made its own independent investigations into all matters relevant to it.
13.2    Any Decision exercise of discretion judgement or opinion or approval of any matter mentioned in this agreement or arising from it shall be binding on all parties unless otherwise expressly provided in this agreement.
13.3    Whilst 21st Century Swingers provide every effort to modify photographs and messages there is no liability on 21st Century Swingers in the event that a message gets sent out un-screened and with an adult content.
13.4    If any provision of this agreement id declared by any judicial or other competent authority to be void, voidable, illegal otherwise unenforceable, or indications to that effect are received by either of the parties from any competent authority the remaining provisions of this agreement shall remain in full force and effect unless 21st Century Swingers in their discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event Online Swingers shall be entitled to terminate this agreement and the provisions of clause (9) shall apply accordingly.
13.5    No waiver by 21st Century Swingers of any breach of this agreement shall be considered as a waiver or any subsequent breach of the same provision or any other provision.
13.6    Unless otherwise stated these terms and conditions will survive termination and/or cancellation of this agreement for any reason.

14. Headings
Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

15. Proper Law and Jurisdiction.
This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England. The parties agree to submit to the non-exclusive jurisdiction of the English courts.

 



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