of Serivce for HSwing.com
Last Updated: 05/28/2007
This site contains adult oriented material
of a graphic and sexual nature, and may be objectionable to some people. This material
is intended for adults only.
Welcome to the one of the Internet sites of Ilcoxsa Services LLC. (Hereinafter referred
to as "Ilcoxsa, Inc.�, "HSwing", "Hswing.Com, �HSwing Site" or "Site") or other
any and all entities that control, are controlled by, or are affiliated or under
common control with, Ilcoxsa Services LLC are collectively referred to herein as
"we," "us" or "our".
LLC Sites. We reserve the right, in our sole discretion, to change, modify, add
set forth below in section 15 labeled "Amendment."
Check this page frequently because it is up to you to refer to this page
for any changes/modifications to the original agreement.
consideration, the receipt and adequacy of which are hereby acknowledged. Without
limiting the foregoing, you acknowledge that such consideration includes, without
limitation, your use of the Ilcoxsa Services LLC Sites and receipt of data, materials
and information available at or through the Ilcoxsa Services LLC Sites, the possibility
of our review, use or display of your Submissions (as defined below in section 4
labeled "Submissions"), and the possibility of publicity and promotion from our
review, use or display of your Submissions.
You must be eighteen or over to register as a member of or use this site.
Membership in the service is void where prohibited.
You represent, warrant and covenant that you are at least 18 years old. This Service
is addressed to adults only. By using the Service you agree that you are 18 years
of age and older. (21-years old where 18 is not the age of majority) -
and are interested in and wish to have access to visual, verbal, written, and audio
information of a sexually oriented nature. Failure to comply with this Agreement may result in legal
ON USE OF MATERIALS
All information, content and materials contained on Ilcoxsa Services LLC are our
copyrighted property or the copyrighted property of our licensors or licensees.
All trademarks, service marks, trade names, and trade dress are proprietary to licensors
and/or our licensees or us. No information, content or material from any Ilcoxsa
Services LLC or any Internet site owned, operated, licensed, or controlled by us
may be copied, reproduced, republished, uploaded, posted, transmitted or distributed
in any way. The use of any information,
content or materials on an Ilcoxsa Services LLC Site on any other Web site or computer
environment is prohibited.
The Ilcoxsa Services LLC Sites are only for your personal use. You may not use the
Ilcoxsa Services LLC Sites for commercial purposes or in any way that is unlawful,
or harms us or any other person or entity, as determined in our sole discretion.
5. REGISTRATION INFORMATION AND SECURITY
You agree to provide, maintain and update true, accurate, current and complete information
about yourself as prompted by our registration processes (the "Registration Data").
If you provide any information that does not satisfy this provision, or we have
reasonable grounds to suspect as much, we have the right to suspend or terminate
your account and refuse any and all current or future use of any HSwing Site.
You also agree (a) to promptly notify us at email@example.com
of any unauthorized use of your username, password, other account information, or
any other breach of security that you become aware of. In addition, you agree to
exit from your account at the end of each session.
Your account is private
and should not be used by anyone else. You are responsible for all usage or activity
on the Site by users using your password, including but not limited to use of your
password by any third party
We explicitly disclaim liability for any and all losses and damages arising from
your failure to comply with this section.
6. PUBLIC FORUMS
"Public Forum" means an area, site or feature offered as part of the HSwing
Site that enables users or visitors of the HSwing Site (a) to submit, post, display
and/or view User-Generated Content and/or (b) to communicate, share or exchange
User-Generated Content with other HSwing Site users, visitors and members of the
general public including, without limitation, a chat area, message board, instant
messaging, mobile messaging, social community environment, profile page, conversation
page, and e-mail functions.
You acknowledge that anything you submit to a HSwing Site by way of any Public Forum
may be routed through our servers, the servers of one or more third parties on our
behalf and the Internet, and may be viewed on the Internet by the general public
and that, therefore, you have no expectation of privacy with regard to any such
submission. You acknowledge that Public Forums and features offered therein are
for public and not private communications. Please keep in mind that whenever you
give out personal information online, through any media, including without limitation,
a Public Forum, that information can be collected and used by people you don't know.
We cannot guarantee the security of any information you disclose through any of
these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the User-Generated Content submitted
and/or posted under your username or otherwise by you in any Public Forum and for
the consequences of submitting and posting same. You acknowledge that the use of
User-Generated Content posted in any Public Forum is at your own risk. For example,
we are not responsible for, and we do not endorse, the opinions, advice or recommendations
posted or sent by users in any Public Forum and we specifically disclaim any and
all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit User-Generated Content
at any time and for any or no reason in our absolute and sole discretion without
prior notice, although we have no duty to do so or to monitor any Public Forum.
If we elect to screen User-Generated Content, there may be a delay in the posting
of such content in a Public Forum to allow for a review process. If we have questions
about your User-Generated Content including, without limitation, the copyright,
we may contact you for further information including, for example, verifying that
you own the copyright or otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that people are who they say
they are, know what they say they know, or are affiliated with whom they say they
are affiliated with.
7. SITE RULES
The following is a list of Site Rules applicable to the HSwing Site. By using the
HSwing Site, you agree that:
- You will not submit, post, upload, distribute,
or otherwise make available or transmit any User-Generated Content that: (a) is
defamatory, abusive, harassing, insulting, threatening, or that could be deemed
to be stalking or constitute an invasion of a right of privacy of another person;
(b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent or vulgar
(d) is illegal or encourages or advocates illegal activity or the discussion of
illegal activities with the intent to commit them; (e) infringes or violates any
right of a third party or any domestic or international law, rule or regulation
including, but not limited to: (i) copyright, patent, trademark, trade secret or
other proprietary or contractual rights; (ii) right of privacy (specifically, you
must not distribute another person's personal information of any kind without their
express permission) or publicity; or (iii) any confidentiality obligation.
- You own or have the necessary rights,
licenses, consents and permissions, without the need for any permission from or
payment to any other person or entity, to use, and to authorize us to use, distribute
without limitation, the Submissions License), all copyrights, trademarks, patents,
trade secrets, privacy and publicity rights (including, without limitation, names,
likenesses and voices) and/or other proprietary rights contained in any User-Generated
Content that you submit, post, upload, distribute or otherwise make available or
transmit. As stated above with respect to the Submissions License (set forth above
in section 4 labeled "SUBMISSIONS"), to the extent that any Submissions submitted
and/or posted by you contain original songs or recordings, you hereby represent
that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights
society and that all musical compositions (including lyrics) contained in such Submissions
are available for licensing to us directly from such societies. Notwithstanding
the foregoing, regardless of whether you are a member of any performing rights society,
you hereby grant us a perpetual, non-exclusive and irrevocable license to publicly
perform each and every musical composition (including lyrics) contained in such
- You will not (a) advertise or sell any
products, services or otherwise (whether or not for profit), or solicit others (including,
without limitation, solicitations for contributions or donations) or use any Public
Forum for commercial purposes of any kind.
- You will not submit, post, upload, distribute,
or otherwise make available or transmit any software or other computer files that
contain a virus or other harmful component, or otherwise impair or damage the HSwing
Site or any connected network, or otherwise interfere with any person or entity's
use or enjoyment of the HSwing Site.
- You will not impersonate any person
or entity or misrepresent your identity or affiliation with any person or entity
including, without limitation, using another person's username, password or other
account information, or another person's name, likeness, voice, image or photograph;
- You will not engage in antisocial, disruptive,
or destructive acts, including "flaming," "spamming," "flooding," "trolling," and
"griefing" as those terms are commonly understood and used on the Internet;
- You will not delete any legal notices,
disclaimers or proprietary notices such as copyright or trademark symbols, or modify
any logos that you do not own or have express permission to modify;
- You will not submit, post, upload, distribute
or otherwise make available or transmit any User-Generated Content or make statements
in any Public Forum that do not generally pertain to the designated topic or theme
of the Public Forum;
- You will not submit, post, upload, distribute
or otherwise make available or transmit (or attempt to submit, post, upload, distribute
or otherwise attempt to make available or transmit) any User-Generated Content in
violation of a Public Forum's restrictions including, but not limited to, its age
- You will not engage in (or attempt to
engage in) any criminal activity including, without limitation, child pornography,
stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug
dealing, harassment, theft, and conspiracy to commit any criminal activity.
We cannot and do not
assure that other users are or will be complying with the foregoing Site Rules or
assume all risk of harm or injury resulting from any such lack of compliance.
WE MAY CHANGE THE HSWING SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME
AND FOR ANY REASON OR NO REASON.
THE INFORMATION, CONTENT AND MATERIALS ON THE HSWING SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN INFORMATION, CONTENT AND MATERIALS ON ANY ILCOXSA SERVICES LLC SITE (INCLUDING,
WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HSWING SITE OR THE SERVERS THAT MAKE
SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES
CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY
TO ANY HSWING SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY
THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY HSWING SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
We explicitly disclaim any responsibility for the accuracy, completeness or availability
of information, content and materials found on sites that link to or from any Ilcoxsa
Services LLC Site. We cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to or from any
Ilcoxsa Services LLC Site or third-party information, content or materials contained
on our sites (including, without limitation, User-Generated Content contained in
Public Forums). We do not endorse any of the merchandise, nor have we taken any
steps to confirm the accuracy, completeness or reliability of, any of the information,
content or materials contained on any third-party site. We do not make any representations
or warranties as to the security of any information, content or materials (including,
without limitation, credit card and other personal information) you might be requested
to give to any third party. You hereby irrevocably waive any claim against us with
respect to information, content and materials contained on our sites (including,
without limitation, User-Generated Content), on third party sites, and any information,
content and materials you provide to such third party sites (including, without
limitation, credit card and other personal information). We strongly encourage you
to make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
At the present time
the use of the website is free. We
believe that this will become a pay for service website at a later time.
Ilcoxsa Services LLC
intends on making it known when fees will become applicable via electronic mail
and via website posting. Additionally,
at that time.
WE RESERVE RIGHT
TO TERMINATE YOUR ACCESS TO THE SITE FOR ANY REASON OR NO REASON.
Services LLC will notify you of termination via the email address provided at registration. If Ilcoxsa Services LLC terminates your
membership on the HSwing site because of breach of this agreement, you will not
be entitled to any refund or unused subscription fees.
You are entirely responsible for maintaining the confidentiality of your username(s),
password(s), and your account(s), as well as all activities that occur under your
account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees,
distributors, agents, representatives and other authorized users, and each of the
foregoing entities' respective resellers, distributors, service providers and suppliers,
and all of the foregoing entities' respective officers, directors, owners, employees,
agents, representatives and assigns (collectively, the "Indemnified Parties")
harmless from and against any and all losses, damages, liabilities and costs (including,
without limitation, settlement costs and any legal or other fees and expenses for
investigating or defending any actions or threatened actions) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of these terms
of use or claims arising from your account(s). You shall use your best efforts to
cooperate with us in the defense of any claim. We reserve the right, at our own
expense, to employ separate counsel and assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING
DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE
OF, OR THE INABILITY TO USE, ANY ILCOXSA SERVICES LLC SITE OR CONTENT, MATERIALS
OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR
OFFLINE, OF ANY USER OF A ILCOXSA SERVICES LLC SITE OR ANY OTHER PERSON OR ENTITY,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED
THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING
IN ANY ACTIVITY RELATED TO ANY ILCOXSA SERVICES LLC SITE.
To resolve or report
a complaint regarding the Service or members who use the Service users should contact
us at support@HSwing.com.
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 advice, opinion, statement
or other information displayed, uploaded or distributed through the Service, or
any user of the Service, or any other person or entity. You acknowledge that any
reliance upon any such opinion, advice, statement or information shall be at your
We reserve the right, in our sole discretion, to change, modify, add or delete portions
We reserve the right to send electronic mail to you, for the purpose of informing
you of changes or additions to the Service.
We reserve the right to disclose information about your usage of the Service and
Demographics in forms that do not reveal your personal identity.
14. JURISDICTIONAL AND VENUE ISSUES.
is entered into in Melbourne, Florida. You agree that the laws of the State of Flrida
will govern it and any disputes arising out of this Agreement will be subject to
the courts of State of Florida and the federal courts applicable within the State
and or in the United States of America. If any provision in this Agreement is invalid
or unenforceable under applicable law, the remaining provisions will continue in
full force and effect. The United Nations Convention on Contracts for the International
Sale of Goods will not govern this Agreement. We make no representation that information, content
or materials on any Ilcoxsa Services LLC Site are appropriate or available for use
in any particular location. Those who choose to access an Ilcoxsa Services LLC Site
do so on their own initiative and are responsible for compliance with all applicable
laws including, but not limited to, any applicable local laws.
not have the right to assign this Agreement or any of your rights to the Service
to anyone. Ilcoxsa Services LLC 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 Ilcoxsa Services LLC, if Ilcoxsa Services LLC obligations hereunder are assumed
by a third party, Ilcoxsa Services LLC shall be relieved of any and all liability
under this Agreement. Once you join you confirm that you agree with ALL of HSwing.Com�s
Terms and Conditions listed.
service copyright 2007 Ilcoxsa Services LLC