IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE SERVICE AGREEMENT, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE SERVICE AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
SwinFun does not claim any ownership rights in any Content that you make available through the Services and nothing in these Service Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, SwinFun and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of any countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other users, including text messages, chat, photographs, or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post as part of the Service, or transmit to any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to SwinFun through the Services or to other Users (collectively referred to as " post "), including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are " User Content ").
SwinFun has no tolerance for objectionable or prohibited content. You are not allowed to post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable American or international law, rule or regulation or is prohibited under these Terms. Objectionable or Prohibited Content includes without limitation User Content that:
Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that SwinFun may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of SwinFun or any other person. The Service reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
SwinFun may terminate any User Account You have with the SwinFun Services or Your use of the SwinFun Services or any portion thereof, if SwinFun believes that you have breached this Agreement, or for any other reason, in its sole discretion. SwinFun may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the SwinFun Services or any User Account You may have or portion thereof may be effected without prior notice, and You agree that SwinFun will not be liable to You or any third party for any such termination. For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the SwinFun Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the SwinFun Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SwinFun may have at law or in equity.
Please remember you are solely responsible for and bear all liability for such content, so think carefully before posting anything.
You may only use other SwinFun's personal information for the purpose of connecting and meeting each other. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. SwinFun reserves the right to terminate your account if you misuse other users' information.
You may cancel your membership at any time by disabling your membership in your membership preferences or by contacting Customer Service. You can reach the SwinFun customer service at any time via: firstname.lastname@example.org
Please note only registered SwinFun users can access all of the SwinFun services. If you are not registered: you will only be able to access the publicly available areas of SwinFun; you will not have a SwinFun profile; and you will not be able to upload any Content. If you are a registered SwinFun, your access to SwinFun may depend on certain criteria relating to your profile - we can change or update this criteria from time to time without prior notice and at our discretion.
SwinFun reserves the right to suspend, withdraw, amend, modify or vary the service provided on SwinFun without notice and without incurring any liability to you.
SwinFun is provided on an "as is" basis - no warranty is given about the availability, performance, accuracy, quality or functionality of SwinFun. We can't promise that SwinFun will always be up and running as sometimes we need to perform maintenance to the site, or there may be a fault or other situation beyond our control.
SwinFun offers 4 subscription options for VIP membership service with the price from $9.99 every 7 days to $69.99 every 6 months to choose from. Your GooglePlay account will be charged at confirmation of your purchase. Here are the options:
Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice.
Add up to 30 minutes video chat durations, one time payment without auto renewal.
Add up to 120 minutes video chat durations, one time payment without auto renewal.
Add up to 420 minutes video chat durations, one time payment without auto renewal.
Add up to 720 minutes video chat durations, one time payment without auto renewal.
Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice.
These Service Agreement shall be governed by and construed in accordance with the laws of HK, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and SwinFun related to these Service Agreement, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in HK. You agree to submit to the personal jurisdiction of the courts located within HK for the purpose of litigating all such claims or disputes.
If you subscribed using your GooglePlay Store account: By GooglePlay: You are entitled to a full refund during the 48 hours after the subscription begins according to GooglePlay policies. To request a refund, go to https://play.google.com/store/account, scroll down to "Order History", find the transaction and hit "Report a problem". You can also learn more at https://support.google.com.
By SwinFun: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within 48 hours of the transaction date.
You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices: SwinFun may provide you with notices, including those regarding changes to this Agreement, by email or postings on the SwinFun Services. You hereby consent to the use of electronic communications.
You may not assign, But SwinFun May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, SwinFun may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word "including" means "including without limitation." This Agreement is the entire agreement between you and us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
This agreement contains the entire agreement between you and SwinFun regarding the subject matter hereof. This agreement supersedes all prior written and oral understandings, writings, and representations, express or implied. This agreement may only be amended by SwinFun upon notice by SwinFun. Each party confirms that it has not relied upon any representation not expressly set forth herein to enter into this agreement. A failure by either party hereto to exercise or enforce any rights conferred upon it by this agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time(s). This agreement shall be governed by and construed under the laws of Florida, without regard to conflict of law principles. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this agreement shall survive its termination.