terms

TERMS AND CONDITIONS OF USE OF heepswing.com

LAST UPDATED 2019

Please read the following User Agreement.

Heepswing.com will not use our members database, profile text, images or videos for any other web site or sell these assets to any third party.

When you sign up for any service on the social networking platform contained within the heepswing.com site such services, platform and site are referred to herein collectively as the “Site,” you agree to all of the terms and conditions of this User Agreement (the “Agreement”). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Site. Please read the following terms and conditions carefully.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.

Right to Use Your right to use the Site is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, terminate, or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. We may also impose limits on certain features and aspects of the Site or restrict your access to parts or all of the Site without notice or liability.

Export Control The Site must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site e would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site must not be accessed by (i) anyone located in any country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.

Adults Only THIS SERVICE IS FOR ADULTS ONLY. By using or viewing the Site, you represent, warrant, and covenant that you are aware that the Site may contain explicit adult oriented materials, are the greater of 18 years old or the age of majority in your jurisdiction (the “Age of Majority”), and are not prohibited by law from using the Site. If you use of the Site in violation of this section, you may be subject to legal action as a result. In the event you become aware of a user who is not at least the Age of Majority, you must immediately cease all conversation with such user and report the user’s account to us regardless of the age of consent or other similar laws in your area. Failure to do so will subject your account to termination and, if we feel it appropriate, in our sole and absolute discretion, a report regarding your account being submitted to law enforcement

Code of Conduct You agree to use the Site in accordance with the following Code of Conduct:

  1. a) You are solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the “Content”) that you post on the Site or display to other members of the Site. You will keep all Content provided to you through the Site private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
  2. b) You are aware that the Site may contain explicit adult oriented materials provided only by consenting users;
  3. c) You will not use the Site to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive or defamatory statements; or racist or offensive language, nor will you state, for fantasy role-play or any other reason, that you engage or have engaged in any illegal activity;
  4. d) You will not post any Content or use the Site in any way that:
  5. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
  6. is fraudulent or otherwise unlawful conduct in connection with your use of the Site or violates any law.
  7. e) You will not use the Site to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services;
  8. f) Your use of the Site is for your own personal use. You may not allow others to use the Site and you may not transfer accounts with other users;
  9. g) You will not use the Site to infringe on any privacy right, property right, or other civil right of any person;
  10. h) You will not use the Site to impersonate any third party, with or without their permission, nor will you claim to be any age that you are not (for the avoidance of doubt, anyone claiming to be underage, even he or she is an adult, for fantasy role-play or any other reason, will have his or her account terminated and, in our sole discretion, reported to law enforcement and/or the National Center for Missing and Exploited Children); and
  11. i) You will not record or otherwise capture any portion of any other member’s profile or chats (whether video or text) for any purpose without such member’s express written consent; this means you may not screen cap, crawl, spider or in any other way capture and/or share any portion of any member’s profile on the Site; and
  12. i) You will not forward any chain letters through the Site.

Privacy and Use of Information. As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party. Please note, however, all information you provide to us may be shared with other third parties as necessary to comply with applicable law and to generally cooperate with law enforcement and the court system in investigating and prosecuting suspected criminal activities or otherwise, including, without limitation, in response to inquiries from law enforcement and regulatory agencies.

Content Posted By Members By agreeing to the terms and conditions of this Agreement, you represent and warrant that all Content you upload to the Site does not in any way infringe on anyone’s intellectual property rights. You also authorize the Site to post any and all photographs uploaded by you throughout the Site. The Site hereby asserts immunity with respect to all Content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. We will remove any Content that you may post on the Site upon being notified, as provided in these terms and conditions, that the Content you post on the Site violates the intellectual property rights of another. We may remove any Content that you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you prior notice of such removal. Members and others are prohibited from uploading any Content to the Site which, in our sole opinion, might be illegal or offensive, including, but not limited to, Content involving bestiality, urination, other bodily excretions, defamatory material or otherwise obscene material, or any conduct that violates the prohibitions set forth under “Code of Conduct,” above, or any other provision of this Agreement. You may not post any Content that solicits any information or response from anyone under 18 years of age, mischaracterizes your identity, solicits any information that might be used for unlawful purposes, or encourages unlawful activities. You may not post any Content for commercial purposes, including, but not limited to, email marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, the Site reserves the right, in the Site’s sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all authorities that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Site as a result of Content you have posted on the Site, or your engaging in any prohibited activities, as set forth in this section or in this Agreement, you agree to indemnify and hold the Site harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that the Site may incur as a consequence of your posting of such content or engaging in such prohibited activities.

No Site Created Profiles

Unlike many competitors, this Site does not contain any profiles created by the Site whether to increase member numbers or entertain or otherwise engage with users of the Site nor for any other purpose.

Total Member Numbers

From time to time we may include an estimation regarding the number of members on the Site website. Please note that we do work expeditiously to remove what we believe to be fraudulent/malicious profiles as and when they are reported. We take all such reports extremely serious as we intend for the Site to be a place for like-minded men and women to communicate and we have no tolerance for individuals abusing our system. If you are contacted through the Site (whether by instant message, chat rooms, messages or otherwise) and believe such contact to be fraudulent/malicious please immediately report the matter to us.

Member’s Obligation to Comply with 18 U.S.C. 2257 With Respect to Certain Content You should be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2)(A)(i)-(v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an “18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.

Use of Information on the Site

You acknowledge and agree that:

  1. a) We cannot ensure the security or privacy of information you provide through the Internet, email, messaging or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
  2. b) We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Site and you should use caution in selecting the personal information you provide to others through the Site;>
  3. c) We cannot assume any responsibility for the content of any communication sent by any user on the Site, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
  4. d) You acknowledge that you cannot bring legal action against the Site or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Site; and
  5. e) Any and all images uploaded to the Site are subject to an irrevocable, unlimited, worldwide, fully paid, royalty free license from you to the Site and such images may be used by the Site, without restriction, on the Site, in emails and as marketing materials.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Site, including but not limited to, information regarding a member’s age and marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.

Dating Site Cautions

The following are precautions you should consider when meeting or corresponding with anyone on any dating or social networking website:

(a) Anyone who is able to commit identity theft can also falsify a dating profile;

(b) There is no substitute for acting with caution when communicating with any stranger who wants to meet you;

(c) Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your dating profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it; and

(d) If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.

Should you elect to interact with any member of the Site outside of the Site, despite the cautions and warnings contained above and elsewhere in this Agreement, you understand and agree we shall bear no responsibility in connection with such interactions, regardless of the form of such interactions, including, without limitation, text, telephone, purchases, money transactions, email or in-person.

 

Introductions

The Site may cause pop-ups to display as a system notification on your screen while you are viewing the Site. These system notifications may or may not indicate they have been initiated by the Site and may provide you with limited information about other members of the Site and/or such member’s activity on the Site. The system notifications may prompt you to initiate dialogue with other member(s) (who may or may not have upgraded to a paid account and may have varying login and activity levels). If you wish to initiate dialogue and have not purchased a membership to the Site, you will be required to purchase a paid membership prior to being able to initiate or even review any dialogue; however, it is possible that the member with whom you wish to initiate dialogue may not respond for various reasons including, without limitation, the member is not interested in responding, may not be actively monitoring his/her account and/or may no longer be available. If the sole reason you upgrade your membership is to correspond with one specific member and such member does not respond to your correspondence, you may request a full refund within ten (10) days of your initial membership purchase by calling customer service. Upon initiating the refund, your account will revert to free and you will not be able to review any responses or messages from any members should any be sent to your account.

Notice of Claimed Infringement

The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site’s Designated Copyright Agent the following information:

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