Diamond Swingers: Terms of Use
Welcome to Diamond Swingers, a way for adults to meet each other
online. The Diamond Swingers website is an interactive, online service
owned, operated and provided by: NewMeyer Entertainment LLC.
E-Mail: NewMeyer Entertainment By using the Diamond Swingers Personals you agree to be bound by the terms and conditions of this Agreement (the "Terms"), as a member of the Service (a "Member"), and you agree to be bound by the Terms for as long as you continue to be a Member. Your membership at Diamond Swingers is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by the owners of Diamond Swingers. From time to time, such modifications to be effective upon posting by the owners of Diamond Swingers. On the Website. This Agreement includes the Diamond Swingers Terms of Use Policy for Content Posted on the Website, the Diamond Swingers ZERO TOLERANCE SPAM POLICY, and any notices regarding the Website. The TERMS constitute the entire agreement between you and Diamond Swingers and govern your use of the Service, super ceding any prior agreements between you and the Diamond Swingers. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may also receive a copy of this Agreement by emailing us at: NewMeyer Entertainment
Promotions and Special Offers: By using this service or signing up for this service, you agree to allow Diamond Swingers to submit email messages to you regarding special promotional offers and other information pertaining to your account. This will not be considered to be "unsolicited" email because you are using this service. If you do not wish to receive such email messages, then it will be up to you to either request that your account be removed or that remove you own account. 1. Eligibility. You must be eighteen or over to register as a member of Diamond Swingers or use the Website. Membership in the Service is void where prohibited. By using and/or viewing this site, 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 and that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) - who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. 2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by sending an email request to NewMeyer Entertainment.Please allow up to 5 days upon receipt by Diamond Swingers of your email notice of termination, from the email address in your account, to process the request.
Diamond Swingers also reserves the right to remove any account at anytime for any reason or no reason to protect our service, employees or its member base. If Diamond Swingers terminates your membership in the Service because you have breached the Agreement, or you acted in a manner not within the spirit of the website or this agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, certain provisions of this Agreement will remain in effect, including, but not limited to, Sections 4, 5, 7 and 11-19 of this Agreement.
Special Note - Threats: Any threat posed against Diamond Swingers, NewMeyer Entertainment, LLC., its employees or its members, that includes, but is not limited to, physical harm or damage, or legal or financial action being taken, will result in the immediate removal of your account with no possibility of any refund of unused subscription fees. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial or even non-commercial endeavors, including, but not limited to, businesses, organizations, groups, charities, services and/or events. Organizations, groups, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Diamond Swingers, NewMeyer Entertainment, LLC. and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, decompile, reverse engineer, decode, hack, publish, transmit, distribute, perform, display, or sell any such proprietary information. 5. Content Posted on the Site. You understand and agree that Diamond Swingers, NewMeyer Entertainment, LLC. may review and delete any content, messages, photos or profiles (collectively, "Content") that, in the sole judgment of Diamond Swingers, NewMeyer Entertainment, LLC., violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members, or does not comply with the intended use or spirit of this agreement. This content may be removed with or without your being notified of such removal. The offending content may also be edited by Diamond Swingers comply with this agreement at the webmasters discretion. In the event an edit is necessary you also agree to leave such edits in place or face the complete removal of any and all content posted by you including but not limited to email messages, profile content, or any and all postings to any area of the web site. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Diamond Swingers, NewMeyer Entertainment, LLC., are those of their respective authors and not of Diamond Swingers, NewMeyer Entertainment, LLC., and should not necessarily be relied upon. Such authors are solely responsible for such content. Diamond Swingers, NewMeyer Entertainment, LLC. does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Diamond Swingers, NewMeyer Entertainment, LLC Under no circumstances will Diamond Swingers, NewMeyer Entertainment, LLC be responsible for any loss or damage resulting from any reliance on information or other content posted on Diamond Swingers, NewMeyer Entertainment, LLC. service, or transmitted to Diamond Swingers, NewMeyer Entertainment, LLC members. By posting Content to any public area of Diamond Swingers, NewMeyer Entertainment, LLC you automatically grant, and you represent and warrant that you have the right to grant, to Diamond Swingers, NewMeyer Entertainment, LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and acknowledge that Diamond Swingers, NewMeyer Entertainment, LLC may establish general practices and limits concerning the use of the Service, including, without limitation, to the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on The Diamond Swingers, NewMeyer Entertainment, LLC our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Diamond Swingers, NewMeyer Entertainment, LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Diamond Swingers, NewMeyer Entertainment, LLC reserves the right to remove accounts that are inactive for an extended period of time. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Diamond Swingers, NewMeyer Entertainment, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as Content that promotes solicitation, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming” promotes information that you know is false (i.e., posting photos that are not of you), misleading or deceitful (i.e., single posing as a couple to circumvent a block, creating new accounts to circumvent blocks, etc.) or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains script tags especially JAVA, or an overabundance of any code that is likely to, or is designed to inhibit, lock out, crash or otherwise cause damage to other members' computers. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);provides material that contains, portrays, or exploits people under the age of 18 (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) in any manner, non-sexual or sexual, non-violent or violent, or solicits personal information from anyone under 18 (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority);provides material that exploits animals in a sexual or violent manner; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(See also Zero Tolerance Spam Policy.)You must use the Service in a manner consistent 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 include in your Member profile, or send messages through Diamond Swingers, NewMeyer Entertainment, LLC Diamond Swingers, NewMeyer Entertainment, LLC's mail system any information or URL, direct or indirect, that......provides a service or services the same or similar to those offered by Diamond Swingers, NewMeyer Entertainment, LLC, such as picture posting or matchmaking of any kind,...requires, encourages or influences the member to sign up for or join any group, list, web site or service, paid or free,...requires, encourages or influences the member to purchase any type of product or service,...requires, encourages or influences the member to engage in any illegal activities or schemes. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not include in your Member profile any advertising, solicitation, or promotion of any product, business, service or event, for profit or non-profit. (See the Zero Tolerance Spam Policy) You may not transmit any chain letters or junk email to other Members. Although Diamond Swingers, NewMeyer Entertainment, LLC cannot monitor the conduct of its Members 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 Members from such advertising or solicitation, Diamond Swingers, NewMeyer Entertainment, LLC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Diamond Swingers, NewMeyer Entertainment, and LLC. deems appropriate in its sole discretion. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 6a Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent 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. 6b. Picture Posting Policy Diamond Swingers, NewMeyer Entertainment, LLC limits the posting of photos to only those of you, the member(s). The space provided is for your photos and is intended to show others what you look like. If people other than you, the member(s), are in the posted picture, they cannot be the main object or focus of the picture and you must have their permission to post their likeness. If they previously granted their permission, but have since changed their mind and retracted that permission, the pictures must be removed immediately.
The space provided for photos may also not be used to display banners of any type - especially those that are commercial, promotional, political, controversial, abusive or libelous in nature. Humorous cartoons, especially those related to the lifestyle, are fine as long as they are not all the pictures you have and you do not post no more than ONE in the first four pictures that show up in the profile. You are also responsible for any copyright issues associated with these images.
Photos cannot have any type of personal contact information on them, including, but not limited to, phone numbers or web or email addresses on them. Children should never be depicted in any type of image on this web site. Having any child's image posted on a swingers' site in any way, shape or form is inappropriate and puts us in a bad position. 7. Trial Membership. Free seven (7) day trial memberships are offered to all new members of the web site. In the event that your free trial membership is removed for any reason, you agree to hold harmless Diamond Swingers, NewMeyer Entertainment, LLC. its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to your account or information. As a trial member of this system, you may not be able to access certain material and this is subject to change at the webmasters discretion. You, as a trial member, are granted use of this system. However, Diamond Swingers, NewMeyer Entertainment, LLC. is not liable to you to provide this service nor is there any implied or written guarantee that you will get the full 7 days. The7 day trial period is for 7consecutive days on the calendar not how many times you use the service. Diamond Swingers, NewMeyer Entertainment, LLC, its officers, directors, employees, agents and third parties have granted you use of this system for your three day trial period. However, it will always be at the webmaster's discretion to remove your account for any reason. Having multiple accounts on this system is prohibited unless you are a paid member of at least one of those accounts. Having multiple accounts will cause all of your accounts to be removed from this system and you will be blocked from using this Web Site again. You may also be liable for payment for those extra accounts that you had. A 7 day free trial is offered to all new members in order that you can become familiar with how the Website works and whether the Service meets your needs. Anyone found to have signed up a new account after an account has expired may have all accounts removed and be blocked from using this system again. Upon login to this Web Site your IP address will be stored in our database as well as other relevant information so you can be identified as a valid user of this system. If you have paid in the past and have created multiple accounts after your paid account has expired you grant the Diamond Swingers, NewMeyer Entertainment, LLC the right to charge your credit card for all accounts you have created at the webmasters discretion. In the event you have never paid for a membership and you have multiple accounts you grant the Diamond Swingers, NewMeyer Entertainment, LLC the right to bill you for each account and use all methods available to identify you to levy such charges including, but not limited to, contacting your ISP or your email service provider via a court order to obtain your address and other relevant information. You also agree to make payment for each account you have been billed for. SPECIAL (M.A.V.) NOTE: To all those people that think the internet is completely anonymous think again. We have and in the past and will continue to in the future use any and all legal methods available to us to levy charges both legally and financially for violations of this rule. 8. Member Disputes. You are solely responsible for your interactions with other Diamond Swingers, NewMeyer Entertainment, LLC. Members. Diamond Swingers, NewMeyer Entertainment, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members. If you need to file a complaint about another member of the Service, open their profile and click on the "Report this user for abuse" link right below the main picture. The Webmaster, should he become involved, will act in an arbitration capacity only to resolve the dispute. However, if the Webmaster discovers that one member or the other, or both, has violated these Terms, their account(s) may be removed from the Service. 9. Termination. Diamond Swingers, NewMeyer Entertainment, LLC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation: for lack of use. Any trial or paid user that has not been seen on the system for over 120 will be removed. Members must log into the system within 180 days in order to avoid having their account removed for neglect; if Diamond Swingers, NewMeyer Entertainment, LLC. believes that you have violated or acted inconsistently with the letter or spirit of the TERMS; any threat, real or implied, posed against Diamond Swingers, NewMeyer Entertainment, LLC or any other system owned and operated by us, or its personnel, employees, or its members made via the Service's mail system, regular email or through any other media or delivery source. The Diamond Swingers, NewMeyer Entertainment, LLC., at any time discontinues providing the Service, or any part thereof, with or without notice; You agree that any termination of your access to the Service under any provision of these TERMS may be effected without prior notice, and acknowledge and agree that Diamond Swingers, NewMeyer Entertainment, LLC. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Diamond Swingers, NewMeyer Entertainment, LLC shall not be liable to you or any third-party for any termination of your access to the Service. While Diamond Swingers, NewMeyer Entertainment, LLC. reserves the right to remove your account at anytime for any reason at the webmasters discretion, of course the reason will be justified if this become necessary. However, The Diamond Swingers, NewMeyer Entertainment, LLC. is under no obligation to provide such justification. If your account was removed in error or by software or hardware failure the Diamond Swingers, NewMeyer Entertainment, LLC will make every effort to get you setup with a new account as soon as possible. However, you will agree to hold harmless Diamond Swingers, NewMeyer Entertainment, LLC its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to such account. The Web master, Diamond Swingers, NewMeyer Entertainment, LLC, is not required to remove your information at your request. This can be done by when selecting the "Remove My Account" option on the "Main Menu" of the web site.
If your account has been disabled for any reason and you cannot remove your account on your own, you agree to send a written request for removal to NewMeyer Entertainment, PO box 514 Eureka, Mo 63025 This request must postmarked within seven (7) days of the date your access to the service was disconnected. Diamond Swingers, NewMeyer Entertainment, LLC. will have seven (7) days after the receipt of this request to remove the account if, at the webmaster's discretion, the request is valid and warranted10. Privacy. Diamond Swingers, NewMeyer Entertainment, LLC will keep confidential all information supplied by you to Diamond Swingers, NewMeyer Entertainment, LLC including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. All information supplied by you will be kept private and confidential in all cases except when ordered by a court of law to disclose any or all information supplied. 11. Disclaimers. Diamond Swingers, NewMeyer Entertainment, LLC. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service Diamond Swingers, NewMeyer Entertainment, LLC. is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Diamond Swingers, NewMeyer Entertainment, LLC. 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, user or Member communications Diamond Swingers, NewMeyer Entertainment, LLC. 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 users and/or Members 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 Diamond Swingers, NewMeyer Entertainment, LLC 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 Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Diamond Swingers, NewMeyer Entertainment, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Diamond Swingers, NewMeyer Entertainment, LLC. cannot guarantee and does not promise any specific results, expressed or implied, from use of the Website and/or the Service. Diamond Swingers, NewMeyer Entertainment, LLC cannot guarantee and does not promise that any Content you post or transmit through the Service is safe from being copied and/or displayed by another member. We have made it difficult, but it is not impossible. 12. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Diamond Swingers, NewMeyer Entertainment, LLC. 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 Web site or the Service, even if Diamond Swingers, NewMeyer Entertainment, LLC. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, liability to you for any cause whatsoever, and regardless of the form of the action, Diamond Swingers, NewMeyer Entertainment, LLC will at all times be limited to the amount paid, if any, by you to Diamond Swingers, NewMeyer Entertainment, LLC. for the Service during the term of membership. 13. 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. 14. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Missouri, City of ST. Louis. 15. Indemnity. You agree to indemnify and hold Diamond Swingers, NewMeyer Entertainment, 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 in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 16. Sever ability. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you Diamond Swingers, NewMeyer Entertainment, LLC 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. 17. To avoid measures taken against you, we encourage you to contact us first in case there are any outstanding issues with your membership or any problems with the billing on your account. By visiting our website or placing an order for any of our services, you confirm that you have read, understood, and agree to abide by all notices, policies, and terms..
If you DO NOT AGREE to the TERMS, please ask for your account to be removed from this system. This document can always be found at www.diamondswingers.net unless otherwise indicated here
E-Mail: NewMeyer Entertainment By using the Diamond Swingers Personals you agree to be bound by the terms and conditions of this Agreement (the "Terms"), as a member of the Service (a "Member"), and you agree to be bound by the Terms for as long as you continue to be a Member. Your membership at Diamond Swingers is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by the owners of Diamond Swingers. From time to time, such modifications to be effective upon posting by the owners of Diamond Swingers. On the Website. This Agreement includes the Diamond Swingers Terms of Use Policy for Content Posted on the Website, the Diamond Swingers ZERO TOLERANCE SPAM POLICY, and any notices regarding the Website. The TERMS constitute the entire agreement between you and Diamond Swingers and govern your use of the Service, super ceding any prior agreements between you and the Diamond Swingers. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may also receive a copy of this Agreement by emailing us at: NewMeyer Entertainment
Promotions and Special Offers: By using this service or signing up for this service, you agree to allow Diamond Swingers to submit email messages to you regarding special promotional offers and other information pertaining to your account. This will not be considered to be "unsolicited" email because you are using this service. If you do not wish to receive such email messages, then it will be up to you to either request that your account be removed or that remove you own account. 1. Eligibility. You must be eighteen or over to register as a member of Diamond Swingers or use the Website. Membership in the Service is void where prohibited. By using and/or viewing this site, 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 and that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) - who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. 2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by sending an email request to NewMeyer Entertainment.Please allow up to 5 days upon receipt by Diamond Swingers of your email notice of termination, from the email address in your account, to process the request.
Diamond Swingers also reserves the right to remove any account at anytime for any reason or no reason to protect our service, employees or its member base. If Diamond Swingers terminates your membership in the Service because you have breached the Agreement, or you acted in a manner not within the spirit of the website or this agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, certain provisions of this Agreement will remain in effect, including, but not limited to, Sections 4, 5, 7 and 11-19 of this Agreement.
Special Note - Threats: Any threat posed against Diamond Swingers, NewMeyer Entertainment, LLC., its employees or its members, that includes, but is not limited to, physical harm or damage, or legal or financial action being taken, will result in the immediate removal of your account with no possibility of any refund of unused subscription fees. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial or even non-commercial endeavors, including, but not limited to, businesses, organizations, groups, charities, services and/or events. Organizations, groups, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Diamond Swingers, NewMeyer Entertainment, LLC. and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, decompile, reverse engineer, decode, hack, publish, transmit, distribute, perform, display, or sell any such proprietary information. 5. Content Posted on the Site. You understand and agree that Diamond Swingers, NewMeyer Entertainment, LLC. may review and delete any content, messages, photos or profiles (collectively, "Content") that, in the sole judgment of Diamond Swingers, NewMeyer Entertainment, LLC., violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members, or does not comply with the intended use or spirit of this agreement. This content may be removed with or without your being notified of such removal. The offending content may also be edited by Diamond Swingers comply with this agreement at the webmasters discretion. In the event an edit is necessary you also agree to leave such edits in place or face the complete removal of any and all content posted by you including but not limited to email messages, profile content, or any and all postings to any area of the web site. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Diamond Swingers, NewMeyer Entertainment, LLC., are those of their respective authors and not of Diamond Swingers, NewMeyer Entertainment, LLC., and should not necessarily be relied upon. Such authors are solely responsible for such content. Diamond Swingers, NewMeyer Entertainment, LLC. does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Diamond Swingers, NewMeyer Entertainment, LLC Under no circumstances will Diamond Swingers, NewMeyer Entertainment, LLC be responsible for any loss or damage resulting from any reliance on information or other content posted on Diamond Swingers, NewMeyer Entertainment, LLC. service, or transmitted to Diamond Swingers, NewMeyer Entertainment, LLC members. By posting Content to any public area of Diamond Swingers, NewMeyer Entertainment, LLC you automatically grant, and you represent and warrant that you have the right to grant, to Diamond Swingers, NewMeyer Entertainment, LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and acknowledge that Diamond Swingers, NewMeyer Entertainment, LLC may establish general practices and limits concerning the use of the Service, including, without limitation, to the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on The Diamond Swingers, NewMeyer Entertainment, LLC our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Diamond Swingers, NewMeyer Entertainment, LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Diamond Swingers, NewMeyer Entertainment, LLC reserves the right to remove accounts that are inactive for an extended period of time. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Diamond Swingers, NewMeyer Entertainment, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as Content that promotes solicitation, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming” promotes information that you know is false (i.e., posting photos that are not of you), misleading or deceitful (i.e., single posing as a couple to circumvent a block, creating new accounts to circumvent blocks, etc.) or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains script tags especially JAVA, or an overabundance of any code that is likely to, or is designed to inhibit, lock out, crash or otherwise cause damage to other members' computers. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);provides material that contains, portrays, or exploits people under the age of 18 (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) in any manner, non-sexual or sexual, non-violent or violent, or solicits personal information from anyone under 18 (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority);provides material that exploits animals in a sexual or violent manner; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(See also Zero Tolerance Spam Policy.)You must use the Service in a manner consistent 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 include in your Member profile, or send messages through Diamond Swingers, NewMeyer Entertainment, LLC Diamond Swingers, NewMeyer Entertainment, LLC's mail system any information or URL, direct or indirect, that......provides a service or services the same or similar to those offered by Diamond Swingers, NewMeyer Entertainment, LLC, such as picture posting or matchmaking of any kind,...requires, encourages or influences the member to sign up for or join any group, list, web site or service, paid or free,...requires, encourages or influences the member to purchase any type of product or service,...requires, encourages or influences the member to engage in any illegal activities or schemes. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not include in your Member profile any advertising, solicitation, or promotion of any product, business, service or event, for profit or non-profit. (See the Zero Tolerance Spam Policy) You may not transmit any chain letters or junk email to other Members. Although Diamond Swingers, NewMeyer Entertainment, LLC cannot monitor the conduct of its Members 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 Members from such advertising or solicitation, Diamond Swingers, NewMeyer Entertainment, LLC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Diamond Swingers, NewMeyer Entertainment, and LLC. deems appropriate in its sole discretion. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 6a Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent 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. 6b. Picture Posting Policy Diamond Swingers, NewMeyer Entertainment, LLC limits the posting of photos to only those of you, the member(s). The space provided is for your photos and is intended to show others what you look like. If people other than you, the member(s), are in the posted picture, they cannot be the main object or focus of the picture and you must have their permission to post their likeness. If they previously granted their permission, but have since changed their mind and retracted that permission, the pictures must be removed immediately.
The space provided for photos may also not be used to display banners of any type - especially those that are commercial, promotional, political, controversial, abusive or libelous in nature. Humorous cartoons, especially those related to the lifestyle, are fine as long as they are not all the pictures you have and you do not post no more than ONE in the first four pictures that show up in the profile. You are also responsible for any copyright issues associated with these images.
Photos cannot have any type of personal contact information on them, including, but not limited to, phone numbers or web or email addresses on them. Children should never be depicted in any type of image on this web site. Having any child's image posted on a swingers' site in any way, shape or form is inappropriate and puts us in a bad position. 7. Trial Membership. Free seven (7) day trial memberships are offered to all new members of the web site. In the event that your free trial membership is removed for any reason, you agree to hold harmless Diamond Swingers, NewMeyer Entertainment, LLC. its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to your account or information. As a trial member of this system, you may not be able to access certain material and this is subject to change at the webmasters discretion. You, as a trial member, are granted use of this system. However, Diamond Swingers, NewMeyer Entertainment, LLC. is not liable to you to provide this service nor is there any implied or written guarantee that you will get the full 7 days. The7 day trial period is for 7consecutive days on the calendar not how many times you use the service. Diamond Swingers, NewMeyer Entertainment, LLC, its officers, directors, employees, agents and third parties have granted you use of this system for your three day trial period. However, it will always be at the webmaster's discretion to remove your account for any reason. Having multiple accounts on this system is prohibited unless you are a paid member of at least one of those accounts. Having multiple accounts will cause all of your accounts to be removed from this system and you will be blocked from using this Web Site again. You may also be liable for payment for those extra accounts that you had. A 7 day free trial is offered to all new members in order that you can become familiar with how the Website works and whether the Service meets your needs. Anyone found to have signed up a new account after an account has expired may have all accounts removed and be blocked from using this system again. Upon login to this Web Site your IP address will be stored in our database as well as other relevant information so you can be identified as a valid user of this system. If you have paid in the past and have created multiple accounts after your paid account has expired you grant the Diamond Swingers, NewMeyer Entertainment, LLC the right to charge your credit card for all accounts you have created at the webmasters discretion. In the event you have never paid for a membership and you have multiple accounts you grant the Diamond Swingers, NewMeyer Entertainment, LLC the right to bill you for each account and use all methods available to identify you to levy such charges including, but not limited to, contacting your ISP or your email service provider via a court order to obtain your address and other relevant information. You also agree to make payment for each account you have been billed for. SPECIAL (M.A.V.) NOTE: To all those people that think the internet is completely anonymous think again. We have and in the past and will continue to in the future use any and all legal methods available to us to levy charges both legally and financially for violations of this rule. 8. Member Disputes. You are solely responsible for your interactions with other Diamond Swingers, NewMeyer Entertainment, LLC. Members. Diamond Swingers, NewMeyer Entertainment, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members. If you need to file a complaint about another member of the Service, open their profile and click on the "Report this user for abuse" link right below the main picture. The Webmaster, should he become involved, will act in an arbitration capacity only to resolve the dispute. However, if the Webmaster discovers that one member or the other, or both, has violated these Terms, their account(s) may be removed from the Service. 9. Termination. Diamond Swingers, NewMeyer Entertainment, LLC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation: for lack of use. Any trial or paid user that has not been seen on the system for over 120 will be removed. Members must log into the system within 180 days in order to avoid having their account removed for neglect; if Diamond Swingers, NewMeyer Entertainment, LLC. believes that you have violated or acted inconsistently with the letter or spirit of the TERMS; any threat, real or implied, posed against Diamond Swingers, NewMeyer Entertainment, LLC or any other system owned and operated by us, or its personnel, employees, or its members made via the Service's mail system, regular email or through any other media or delivery source. The Diamond Swingers, NewMeyer Entertainment, LLC., at any time discontinues providing the Service, or any part thereof, with or without notice; You agree that any termination of your access to the Service under any provision of these TERMS may be effected without prior notice, and acknowledge and agree that Diamond Swingers, NewMeyer Entertainment, LLC. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Diamond Swingers, NewMeyer Entertainment, LLC shall not be liable to you or any third-party for any termination of your access to the Service. While Diamond Swingers, NewMeyer Entertainment, LLC. reserves the right to remove your account at anytime for any reason at the webmasters discretion, of course the reason will be justified if this become necessary. However, The Diamond Swingers, NewMeyer Entertainment, LLC. is under no obligation to provide such justification. If your account was removed in error or by software or hardware failure the Diamond Swingers, NewMeyer Entertainment, LLC will make every effort to get you setup with a new account as soon as possible. However, you will agree to hold harmless Diamond Swingers, NewMeyer Entertainment, LLC its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to such account. The Web master, Diamond Swingers, NewMeyer Entertainment, LLC, is not required to remove your information at your request. This can be done by when selecting the "Remove My Account" option on the "Main Menu" of the web site.
If your account has been disabled for any reason and you cannot remove your account on your own, you agree to send a written request for removal to NewMeyer Entertainment, PO box 514 Eureka, Mo 63025 This request must postmarked within seven (7) days of the date your access to the service was disconnected. Diamond Swingers, NewMeyer Entertainment, LLC. will have seven (7) days after the receipt of this request to remove the account if, at the webmaster's discretion, the request is valid and warranted10. Privacy. Diamond Swingers, NewMeyer Entertainment, LLC will keep confidential all information supplied by you to Diamond Swingers, NewMeyer Entertainment, LLC including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. All information supplied by you will be kept private and confidential in all cases except when ordered by a court of law to disclose any or all information supplied. 11. Disclaimers. Diamond Swingers, NewMeyer Entertainment, LLC. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service Diamond Swingers, NewMeyer Entertainment, LLC. is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Diamond Swingers, NewMeyer Entertainment, LLC. 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, user or Member communications Diamond Swingers, NewMeyer Entertainment, LLC. 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 users and/or Members 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 Diamond Swingers, NewMeyer Entertainment, LLC 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 Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Diamond Swingers, NewMeyer Entertainment, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Diamond Swingers, NewMeyer Entertainment, LLC. cannot guarantee and does not promise any specific results, expressed or implied, from use of the Website and/or the Service. Diamond Swingers, NewMeyer Entertainment, LLC cannot guarantee and does not promise that any Content you post or transmit through the Service is safe from being copied and/or displayed by another member. We have made it difficult, but it is not impossible. 12. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Diamond Swingers, NewMeyer Entertainment, LLC. 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 Web site or the Service, even if Diamond Swingers, NewMeyer Entertainment, LLC. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, liability to you for any cause whatsoever, and regardless of the form of the action, Diamond Swingers, NewMeyer Entertainment, LLC will at all times be limited to the amount paid, if any, by you to Diamond Swingers, NewMeyer Entertainment, LLC. for the Service during the term of membership. 13. 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. 14. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Missouri, City of ST. Louis. 15. Indemnity. You agree to indemnify and hold Diamond Swingers, NewMeyer Entertainment, 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 in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 16. Sever ability. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you Diamond Swingers, NewMeyer Entertainment, LLC 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. 17. To avoid measures taken against you, we encourage you to contact us first in case there are any outstanding issues with your membership or any problems with the billing on your account. By visiting our website or placing an order for any of our services, you confirm that you have read, understood, and agree to abide by all notices, policies, and terms..
If you DO NOT AGREE to the TERMS, please ask for your account to be removed from this system. This document can always be found at www.diamondswingers.net unless otherwise indicated here