Terms of Service

This page will contain the terms of service of your choice.

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the condomswappers.com domain name, the "Condomswappers Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF CONDOMSWAPPERS PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website. The Terms are coincided by the Condomswappers Policies that can be seen here, if you plan on posting content of any kind please read these.


Condomswappers Website

These Terms of Use apply to all users of the Condomswappers Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Condomswappers Website may contain links to third party websites that are not owned or controlled by Condomswappers. Condomswappers has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Condomswappers will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Condomswappers from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Condomswappers Website and to read the terms and conditions and privacy policy of each other website that you visit. Condomswappers reserves the right to change the TOU at anytime without notice.


Intellectual Property Rights

The content on the Condomswappers Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Condomswappers, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Condomswappers reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Condomswappers Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Condomswappers Website or the Content therein.


Intent and Fair Use Policy

Furthermore, the member agrees to adhere to the following declarations:

  • The acknowledgment of Fair Use of Features currently deployed by Condomswappers as it applies to the Use Of Condomswappers and Its Features.
  • Intent of Features: The Following Features Are of The Intended and Fair Use as listed below:
    • Streaming Video – Video intended to be streamed to the general members of Condomswappers and its proponents.
    • Photoset – Photos intended to be viewed to the general members of Condomswappers and its proponents.
    • Chat/Forum – Set of Social Networking Featured intended to reasonably communicate with the general members of Condomswappers and its proponents.
    • Comments and Messaging System – Public and Private Comment/Messaging intended to reasonably communicate with the general members of Condomswappers and its proponents.
    • The acknowledgment that all declarations of Fair and Intended use of Condomswappes shall reasonably adhered to by all active members of Condomswappers and its proponents.


Limitation of Liability

IN NO EVENT SHALL CONDOMSWAPPERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CONDOMSWAPPERS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Condomswappers SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Condomswappers from its facilities in the United Kingdom. Condomswappers makes no representations that the Condomswappers Website is appropriate or available for use in other locations. Those who access or use the Condomswappers Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


Indemnity

You agree to defend, indemnify and hold harmless Condomswappers, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  • your use of and access to the Condomswappers Website;
  • your violation of any term of these Terms of Use;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Condomswappers Website.


Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Condomswappers Website is not intended for persons under 18. If you are under 18 years of age, then please do not use the Condomswappers Website.


Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Condomswappers without restriction.


General

You agree that:

  • the Condomswappers Website shall be deemed solely based in the United Kingdom; and
  • the Condomswappers Website shall be deemed a passive website that does not give rise to personal jurisdiction over Condomswappers, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Use shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Condomswappers that arises in whole or in part from the Condomswappers Website shall be decided exclusively by a court of law within the United Kingdom.
These Terms of Use, together with the Privacy Notice and any other legal notices published by Condomswappers on the Website, shall constitute the entire agreement between you and Condomswappers concerning the Condomswappers Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Condomswappers's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Condomswappers reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Condomswappers Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND CONDOMSWAPPERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CONDOMSWAPPERS WEBSITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Policies

This area outlines the terms and definitions of acceptable and non acceptable behavior and actions while utilizing the Condomswappers website and its features. Failure to comply with these terms can result in immediate removal from the site for life. - Condomswappers is based on a UGC (User Generated Content) or US (User Submitted) model - Condomswappers does not police the content on the site; rather it uses a MBPS (Member Based Policing System). All content marked by members is reviewed by admins to see if it meets compliance to the upload policy’s set forth by the Condomswappers website.

Uploading Videos

  • Acceptable
    • Videos that contain/feature yourself
    • Videos that contain a link to your own / or another members personal Condomswappers profile (Cannot contain their video)
    • Videos that you own the intellectual rights to
    • Was recorded by yourself with proper permissions to record the person/s featured
    • Was recorded by a paid contractor / employee with proper permissions to record the person/s featured

  • Non Acceptable (Please Note That Terms Marked With A * Could Result In Criminal Charges)
    • Videos that feature any persons under the age of 18 *
    • Videos that were not recorded by yourself
    • Videos taken from other sites
    • Videos that are captured from webcams without the knowledge of the person/s featured
    • Videos or that could be used or seen as a malicious act (revenge videos) *
    • Videos or that contain web address to any external web site other than www.condomswappers.com
    • Videos that contain illegal acts or violate common laws

Uploading Photos

  • Acceptable
    • Videos that contain/feature yourself
    • Videos that contain a link to your own / or another members personal Condomswappers profile (Cannot contain their video)
    • Videos that you own the intellectual rights to
    • Was recorded by yourself with proper permissions to record the person/s featured
    • Was recorded by a paid contractor / employee with proper permissions to record the person/s featured

  • Non Acceptable (Please Note That Terms Marked With A * Could Result In Criminal Charges)
    • Videos that feature any persons under the age of 18 *
    • Videos that were not recorded by yourself
    • Videos taken from other sites
    • Videos that are captured from webcams without the knowledge of the person/s featured
    • Videos or that could be used or seen as a malicious act (revenge videos) *
    • Videos or that contain web address to any external web site other than www.condomswappers.com
    • Videos that contain illegal acts or violate common laws