Last revised on Sept 30, 2013
- Acceptance and Rejection of Terms.
- Withdrawing Your Consent.You may at any time withdraw your consent to this Agreement by removing your account from this Website. You can do that by going to My account -> Remove Account. The removal of your user account means that you will not be able to use the Service any longer, without creating a new account. You agree that your withdrawal of consent will not affect the legal validity or enforceability of the Agreement prior to the effective date of your withdrawal.
To be eligible to use this Service You must be at least eighteen (18) years of age and single or separated from your spouse in order to register as a Guest User or Subscriber of Swatka.com. Membership in the Service is void where prohibited by government entity. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Guest User or Subscriber, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
You may become a Guest User of the Service for no charge. As a Guest User, you will have the ability to make use of some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with other Users, you must become a paying Subscriber to the Service. Please see Subscribe for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. For purposes of this Agreement the term “User ” includes Guest Users and Subscribers, unless where its usage indicates otherwise. Swatka.com may remove the profiles of Guest Users at any time, for any reason, with or without notice, including automatically upon the expiration of any period of use determined in the sole distraction of Swatka.com.
- Duration of Service; Termination.
This Agreement will remain in full force and effect while you use the Website and/or are a Guest User or Subscriber. You may terminate your Guest User account and/or subscription at any time, for any reason, by following the instructions on the Cancel my Account pages in “Account Settings” page. If you terminate a Subscriber account, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you paid prior to your termination). No refunds, prorated or otherwise, will be due for any account termination by a Subscriber.
Swatka.com may terminate your Guest User account and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Swatka.com. If Swatka.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Swatka.com. Swatka.com is not required to provide you notice prior to terminating your Guest User account and/or subscription. Swatka.com is not required, and may be prohibited in some circumstances, from disclosing a reason for the termination of your account. After your Guest User account or subscription is terminated, all terms that by their nature may survive termination (or which, by their nature, must survive in order to be given their complete effect) of this Agreement shall be deemed to survive such termination.
- Non-commercial Use by Guest Users and Subscribers.
The Website is designed and intended for the personal use of individual Guest Users and Subscribers only and may not be used in connection with any commercial endeavors. Companies, organizations, and/or businesses may not become Guest Users or Subscribers and are not permitted to use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames, account names, photographs and/or email addresses of Guest Users and/or Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Swatka.com, which may be revoked at any time, for any reason, in Swatka.com's sole discretion.
- User Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all forms of communication and activities that occur under your username and password. You agree to immediately notify Swatka.com of any unauthorized use of your username or password or any other breach of security, and to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Facebook ID to your Swatka.com account. Swatka.com will not be liable for any loss or damage arising from your failure to comply with this provision.
- Your Interactions with Other Guest Users and Subscribers.
- IN NO EVENT SHALL SWATKA.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW SWATKA.COM'S SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT SWATKA.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER GUEST USERS AND SUBSCRIBERS.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT SWATKA.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ALL OF ITS USERS. SWATKA.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF USERS OR ATTEMPT TO VERIFY OR CONFIRM THE STATEMENTS OR IDENTITIES OF ITS USERS. SWATKA.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. SWATKA.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- Content on Swatka.com.
- Proprietary Rights.Swatka.com and Swatka LLC own and retain all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Swatka LLC. Except for that information which is in the public domain or for which you have been given written permission from Swatka LLC, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, including, but not limited to, screenshots, screencasts or photographs of the Services, the Website or any elements thereof.
- Reliance on Content.Opinions, advice, statements, offers, or other information or content made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Swatka.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Swatka.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any User.
- Information and Content Posted by You on Swatka.com.
- You are solely responsible for the Information and Content that you publish or display (hereinafter, “post”) on the Service, or share and transmit to other Users. You will not post on the Service, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
- You will not provide inaccurate, misleading or false information to Swatka.com or to any other User. If information posted and provided to Swatka.com, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Swatka.com of such change.
- You understand and agree that Swatka.com may delete any information, content, messages, double-blind emails, photos, profiles and any other materials submit, provide or upload (collectively, “Content”), in each case in whole or in part, that in the sole judgment of Swatka.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Users. Although Swatka.com cannot monitor the conduct of its Users off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Users to a number which we deem appropriate in our sole discretion.
- All information you include in your User profile must be accurate, current and complete.
- Prohibited Activities.
Swatka.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not promote racism, bigotry, hatred or physical harm of any kind against any group or individual.
- You will not take any action that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- You will not upload video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- You will not express or imply that any statements you make are endorsed by Swatka.com without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application or other automated tools to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service or the Website, without Swatka.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Swatka.com or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Subscriptions; Charges on Your User Billing Account.
- Subscription Billing and Payment.Swatka.com bills you through an online account (referred to as your “User Billing Account”) for use of the Service. You agree to pay Swatka.com all charges at the prices you agreed to for access to the Service, and you authorize Swatka.com to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
- Automatic Renewal of your Subscription. If you agreed to this option during the initial subscripton process Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. You will receive the subscription renewal reminder email two days prior to expiration of the current subscription period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change / Cancel Membership page on My Account Settings page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Swatka.com to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize Swatka.com to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Swatka.com does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that Swatka.com may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
- Accurate and Current Information. You are required to provide current, complete and accurate information for your User Billing Account.
- Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Swatka.com is authorized to charge your Payment Method. Swatka.com may submit those charges for payment and you will be responsible for such charges. This does not waive Swatka.com's right to seek payment directly from you.
- Free Trials and Promotions. Any free trial or promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. Your failure to timely do so constitutes your agreement to pay for the Service.
- Modifications to Service.
Swatka.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Swatka.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses.
In order to protect the integrity of the Service, Swatka.com has the right at any time in its sole discretion to block access to the Service from certain IP addresses, even if that deprives Users of access.
- Copyright Policy.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Swatka.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Swatka.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyright@Swatka.com or Swatka LLC P.O. Box 3029, Lisle, IL 60532-8029.
- Member Disputes.
You are solely responsible for your interactions with other Swatka.com Users. Swatka.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Privacy and Communications.
- Swatka.com is not responsible for any incorrect or inaccurate Information or Content posted on the Website or in connection with the Service, whether caused by users of the Website, Guest Users and/or Subscribers or by any of the equipment or programming associated with or utilized in the Service. Swatka.com is not responsible for the conduct, whether online or offline, of any user of the Website or User of the Service. Swatka.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Guest user or Subscriber communications. Swatka.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to a User's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Swatka.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. The Website and the Service are provided “AS-IS” and Swatka.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Swatka.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Swatka.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website.
- Links to other sites.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Swatka.com has no control over such sites and resources, you acknowledge and agree that Swatka.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Swatka.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
- Linked Accounts
Swatka.com permits you to associate a Swatka.com username and password with your Facebook ID. When you establish a linked account, you can sign into Facebook and automatically sign into Swatka.com at the same time. Swatka.com is not responsible for the operation or functionality of Facebook. Facebook is a registered trademark of Facebook, Inc.
- Limitation on Liability.
In no event will Swatka.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Swatka.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Swatka.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Swatka.com for the Service during your term of membership. If you never became a subscriber, you agree that Swatka.com's maximum liability to you for any reason is $1.
- U.S. Export Controls.
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Arbitration and Governing Law.
- Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association, before a single arbitrator, pursuant to the then-current commercial arbitration rules, with the hearing and all proceedings related thereto to take place in DuPage County, Illinois. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Swatka.com in the small-claims courts serving DuPage County, Illinois. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Swatka.com any class action, class arbitration, or other representative action or proceeding. If Swatka.com prevails in any arbitration proceeding, you agree to indemnify and hold Swatka.com harmless from any and all reasonable legal fees and costs incurred in the arbitration process, including the costs of arbitration.
- Notice of Rights.By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Swatka.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a hearing before an arbitrator. The arbitrator can grant any relief that a court can, except that you agree that the Arbitrator may not ever award punitive or exemplary damages of any kind. You should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Court Proceedings.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Swatka.com (except for small-claims court actions) may be commenced only in the federal or state courts serving DuPage County, Illinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. If Swatka.com is the prevailing party in any court proceeding, it shall be entitled to recover its reasonable attorneys' fees and costs from you as part of the decision or judgment.
- Governing Law.This Agreement, and any dispute between you and Swatka.com, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Indemnity by You.
You agree to indemnify and hold Swatka.com, Swatka LLC its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service, any violation of this Agreement and/or any claim arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Other and Amendments.
This Agreement contains the entire agreement between you and Swatka.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Swatka.com at any time.
Please Contact Us with any questions regarding this agreement. Swatka and Swatka.com are trademarks of Swatka LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.