These terms of service (“Terms”, “Agreement”) are an agreement between swingasia.com (“swingasia.com”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the www.swingasia.com website and any of its products or services (collectively, “Website” or “Services”).
Accounts and Membership
You must be at least 21 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 21 years of age. If you create an account at the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If you purchase a premium or lifetime membership, and your account status changes during the membership, we reserve the right to terminate your account as it violates our terms and conditions. We may block your email address and Internet protocol address to prevent further registration.
Membership Types
A. Free Members
You can become a Free Member simply by completing Registration. Free Members have limited access to our site.
B. Premium Members
You can become a Premium Member by first completing the registration and after you can opt to become a Premium Member. Premium Members enjoy additional access to our site that is not available to Free Members.
C. Lifetime Premium Members
Obtaining a Lifetime Membership requires completing the initial registration process and subsequently opting for an upgrade. A Lifetime Membership provides unrestricted access for 20 years, after which it will revert to a Free Membership. Lifetime Members are exempt from any renewal obligations and are solely responsible for the initial Premium fees. Lifetime Members enjoy exclusive site features that are not available to Free Members. Access will remain valid unless one of the following conditions occurs: the site is discontinued, becomes generally unavailable, the account is terminated due to a violation of our Terms and Conditions or Privacy Policy, or upon a termination request made by the Lifetime account holder. swingasia.com will exert reasonable efforts to ensure continuous site operation.
Membership Status Changes and Validity
In the event that your relationship status changes from a couple to a single after purchasing a paid membership or from a single to a couple, we reserve the right to invalidate your paid membership and change your membership status to back free or terminate the account.
User Content
We do not own any data, information, or material (“Content”) that you submit to the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Content Provider Agreement
We require the content providers to obtain and keep on record written consent from all persons depicted in the content specific to the following areas:
- Consent to be depicted in the content.
- Consent to allow for the public distribution of the content and to upload the content to the website.
- If the content will be made available for downloading by other users, consent to have the content available to be downloaded.
- Require the content provider to verify the identity and age of all persons depicted in content to ensure that all persons depicted are adults and to be able to provide supporting documents upon request.
User Conduct
Without limitation, you agree to refrain from the following actions while using the site:
1. Transmitting any information, data, text, files, links, software, chats, communication, or other materials that is unlawful, false, misleading, harmful, threatening, abusive, or that encourages conduct that could constitute a criminal offense.
2. (a) Posting any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration;
(b) Posting any material on the site that exploits minors in any way;
(c) Posting any material on the site that in any way constitutes or assists in human trafficking.
(d) Posting any ad for products or services, use or sale of which is prohibited by any law or regulation.
3. Disseminate Content or other materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
4. Seek to use for financial gain the Website, related computer facilities, or information available on the Website unless prior written authorization has been given by DashBoardHosting.
5. Use the Website, or anything available on the Website, to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
6. You should refrain from utilizing any Member’s email address obtained from our website for any purpose other than what the Member has specifically directed. It is important to emphasize that, regardless of any directions provided by the Member, you are strictly prohibited from using any email addresses to send advertisements or other solicitations to our members.
7. Individuals misrepresenting their identities or engaging in deceptive behavior that involves falsely portraying themselves as a different demographic, whether singular or multiple, is prohibited under our terms and conditions.
We will uphold the stated Code of Conduct as needed in all instances. When utilizing our facilities, it is essential to understand that you assume any associated risks, and we explicitly absolve ourselves of any responsibility for the content accessed through these facilities.
User Data Shared
By creating an account at swingasia.com you agree and understand that swingasia.com may share some of your profile data (profile description, images, videos, comments, etc…) for targeted advertising purposes via Google, Facebook, Twitter, Reddit, Instagram, TikTok, etc.
Adult Content
Please be aware that there may be certain adult or mature content available on the Website. Where there is mature or adult content, individuals who are less than 21 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 21 seeks to conduct a transaction through the Services, we will immediately begin the removal process for that account.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related website has been modified or updated.
Backups
We perform regular backups of the Website and Content and will do our best to ensure the completeness and accuracy of these backups. In the event of the hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
Links to other Websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site pages or other websites is at your own risk.
Advertisements
During the use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third-party.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer from swingasia.com to you any swingasia.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with swingasia.com. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of swingasia.com or swingasia.com licensors. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any swingasia.com or third-party trademarks.
Disclaimer of Warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will swingasia.com, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if swingasia.com has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of swingasia.com and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually Premium in cash by you to swingasia.com for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold swingasia.com and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Texas, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Texas, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Refund Policy
Visit our Refund Policy.
Cancellation Policy
Visit our Cancellation Policy.
Legal Pages
Visit all our Legal Pages.
Contacting Us
If you have any questions about this Policy, please Contact Us.
Policy Updates
We reserve the right to revise the terms of these policies. Any changes made will apply to all memberships created or renewed after the date such change was implemented.