Playcpls.com

Please read the following terms and conditions, as they are for the agreement between you and Playcpls.com.

This Agreement constitutes your agreement with Playcpls.com with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user. As used in this Agreement, we and us means Playcpls.com.

PURPOSE

Playcpls.com is a meeting place for couples and singles in the swinging lifestyle. We do not discriminate based on age (notwithstanding paragraph 5), sex, race, religion, or sexual preference.

AUTHORIZED ACCESS

If an account is suspended the person or persons who created the account are no longer authorized to access the site without first resolving the problem that caused the suspension. Any attempt by a person to create an additional account after having an account suspended will constitute unauthorized access to the system without consent.

RIGHT TO USE

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

AUTHORIZED USE

You may only use the service for the purpose of meeting and communicating with other users of the service. All information obtained through the use of the service is private and may not be used or distributed outside of the service.

AGE

Minors are not allowed to create, view, or browse profiles. Playcpls is a site for singles and couples 18 and older. You represent, warrant and covenant that you are at least 18 years old.

CODE OF CONDUCT

You will keep all information provided to you through the service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; you will not use the service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, defamatory statements, or racist, obscene, or offensive language. You will not use the service to infringe the privacy rights, property rights, or any other rights of any person; you will not post messages, pictures or recordings or use the service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; you will not use the service to distribute, promote or otherwise publish any material containing any solicitation or advertising; you will not use the service to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the service, Playcpls.com systems or to other members' systems in any way; you will not advertise or promote Playcpls.com on any other site in a manner which violates that site's policies or user agreements. You will not refer to another user by first and last name or user name in your profile description or forum posts without the express written consent of that user.

STATUS

Your status must accurately reflect your situation. Singles must select their status as a single and couples must select their status as a couple.

FORUMS

All posts must be made in the proper forum. Posts made outside of the proper forum may be deleted and at the sole discretion of management the user making the post may be suspended. You may not make a post containing another user's first or last name or containing any other information which might enable someone to personally identify another user unless that user has already posted the same information within the last 30 days in the same forum. You may not personally attack another user in the forums. You may attack another person's views or opinions but not the user. You may not use vulgar language toward another user in the forums. Forum posts are public and there is no expectation of privacy. Forum posts discussing illegal activities will be reported to the proper authorities. Playcpls management may at anytime suspend or revoke a user's forum posting privileges with or without cause. The above forum rules will be enforced based on the spirit in which they were written as determined solely by the management of Playcpls. Any suspension or revocation of an account or of forum posting privileges may be permanent or may be for a finite period of time as determined solely by the management.

PROFILES

The intent of all profiles must be for the express purpose of providing accurate and truthfull information about the person or couple who created the profile. Each person or couple may have one and only one profile on Playcpls. If you try to create multiple profiles ALL profiles you create will be suspended. The following items, without limitation, are specifically prohibited in profiles: Depictions, descriptions, pictures, or solicitations of persons under the age of 18. Abusive, vulgar, or racist statements or language. Discussion or descriptions of illegal acts or behavior (i.e., drug use, violence) Advertisements or solicitations foreign languages (to effectively monitor profiles, they must be in English) Unauthorized use of copyrighted or trademarked material. Any information about a user other than the user creating the profile. Links or text directing users to external sites.

PICTURES

Any photo uploaded must be a true and accurate representation of the person uploading the picture and the person uploading the picture must be the person who created the profile to which the picture is being uploaded. The main picture must be of you. It may not be a cartoon, drawing, graphic, painting, etc. The following, without limitation, are specifically prohibited in ALL pictures: Depictions of persons under the age of 18. Pictures of persons other than that of the person or couple that created the profile unless you have the express written permission from the person whose picture you are posting. Pictures doctored or modified in any manner other than to obscure a part of the picture. Pictures depicting bodily fluids, pictures with embedded text providing links to or promoting external sites.

PRIVACY AND USE OF INFORMATION

You acknowledge that we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the service; and we cannot assume any responsibility for the content of messages sent by other users of the service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the service. You may not use the service for any unlawful purpose. We may refuse to grant you an ID or profile name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

MONITORING OF INFORMATION

We reserve the right to monitor all communications of the service, both public and private, to ensure that they conform to the Service Agreement.

REMOVAL OF INFORMATION

While we do not and cannot review every message or other material posted or sent by users of the service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, messages and other materials you may upload to the service or users of the service.

TERMINATION OF ACCESS TO SERVICE

We may, in our sole discretion, terminate or suspend your access to all or part of the service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the service or the Internet by others may be grounds for termination of your access to all or part of the service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

PROPRIETARY INFORMATION

The service contains information, which is proprietary to our users and us. We assert full copyright protection in the service. Information posted by us or users of the service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

NO RESPONSIBILITY

You acknowledge that we are not responsible for suspension of the service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the service during the previous 3 months. We may discontinue or change the service or its availability to you at any time, and you may stop using the service at any time.

SECURITY

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the service by users using your password, including but not limited to use of your password by any third party.

EXTERNAL LINKS

The service may from time to time contain links to other Internet sites and resources (External Links). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

PROMOTIONS

You may not use your profile or our service to promote parties, events, gatherings, trips, outings, etc. unless the event being promoted is a not for profit event. Not for profit means that the event will not be benefiting someone financially through monetary compensation or otherwise.

INDEMNITY

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

NO WARRANTIES

The service is distributed on an as is basis. We do not warrant that this service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the service. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the service by Playcpls.com or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by Playcpls.com or any user of the service or any other service. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

MODIFICATIONS

Notification of changes in this Agreement will be posted on the service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the service. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

DISCLOSURE AND OTHER COMMUNICATION

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the service, or of any Playcpls.com related products and services. We reserve the right to disclose information about your usage of the service and demographics in forms that do not reveal your personal identity. By using the service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.

GOVERNING LAW

This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Playcpls.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

ASSIGNMENT

You do not have the right to assign this Agreement or any of your rights to the service to anyone. Playcpls.com has the right to assign any or all of its rights and duties under this Agreement or to the service to any third party. At the election of Playcpls.com, if Playcpls.com's obligations hereunder are assumed by a third party, Playcpls.com shall be relieved of any and all liability under this Agreement.

DISCLOSURE

The services hereunder are offered by Playcpls.com

The protection of your privacy being very important, we have adopted the following practices to safeguard the confidentiality of your personal information. We will notify all registered users via email of any change to this Privacy Statement, unless you have opted-out of receiving email from us. From time to time, changes to this Privacy Statement will also be communicated on this site.

PRIVACY POLICY

What information do you gather automatically from visitors? We use your IP address (the series of numbers associated with your individual computer) to help us maintain our site and identify problems with our server. Your IP address does not disclose any personally revealing information about you.

What information will you ask me for?

When you register to use any PlayCpls.com service you will be asked for some general identifying information which will enable us to provide you with this individualized service. We gather contact information (like your email address), demographic information (like your city of residence or age).

You will be asked for some personal but non-identifying information to complete your profile (i.e. whether you have preferences, height, weight, whether you smoke, etc). This information is not linked in any way to your personally identifiable information, for other members to see. Obviously, if you provide us with a photograph some of your information may become personally identifiable information.

How will this information be used and who has access to it?

If you choose to have them sent to you, we may use your contact information to send you valuable updates and timely notices of promotions and mailbox status reports. Our site provides you with the opportunity to opt-in to receiving different types of communications from us at the point where we request registration information. You may modify this choice at any time by selecting Preferences from the member home page.

Your non-personally identifying demographic information is used to personalize your experience, allow other members to find you through a search, to compose your personal profile and to deliver targeted advertising and promotional offers to you from external companies that are of the highest relevance to your demographic profile. Other than your mail box, your contact information is never available to other members or organizations.

The personally identifiable information we collect from you is used for internal review and to improve the content and functionality of our web server or customize the layout of our pages for each individual member. The specific information we collect is not shared with other organizations and we will never release your personally identifiable information to an external organization without your prior consent except for the purposes of validating credit information and collecting debts, or unless we reasonably believe we are required to do so by operation of law.

How long do you keep the information I've given you?

We keep the information you have given us for as long as you are a member on the site. Certain personally identifiable information that you have supplied to us will always be retained however it will not be available to others. We keep this information to do matches on regular account creators; that is, those people who continually create and delete accounts. Individuals who engage in this practice will be actively pursued and will become part of our fraudulent accounts database.

Can I change the information I have already given you?

You can always verify or request the removal of the personally identifiable information we have collected and change your registration information by selecting Settings or Edit Profile from the main menu on the site. Any such request may also be made by contacting PlayCpls.com by sending an email to Admin@playcpls.com.

Do you monitor online behavior?

Our members communicate with each other through instant messages and onsite mail. While we do not, as a rule, moderate or monitor members' private exchanges, we reserve the right to do so if we suspect users of being under 18 or of using our service for the purpose of solicitation or any other violation of our User Agreement or Privacy Policy. Member submissions that appear on the public area of the site are moderated and, if necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the site.

Is there any situation in which my personal information may be divulged?

PlayCpls.com cooperates with law enforcement inquiries, as well as other third parties to enforce laws. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, harassment, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. Further, we can (and you authorize us to) disclose your User ID, name, street address, city, state, zip code, country, phone number, email, and company name to PlayCpls.com users as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, harassment, intellectual property infringement, or other unlawful activity.