User Agreement/Terms 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.

1.      INTRODUCTION

Welcome to HSwing.com. (Hereinafter referred to as "Ilcoxsa, Inc.�, "HSwing", "Hswing.Com, �HSwing Site" or "Site") or other Internet sites on which these terms of use are posted. Ilcoxsa Services LLC and 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".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using any, Ilcoxsa Services LLC Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Ilcoxsa Services LLC Sites. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in section 15 labeled "Amendment."  By visiting the HSwing Site, you are agreeing to its terms of use.  Check this page frequently because it is up to you to refer to this page for any changes/modifications to the original agreement.

 

2.                   CONSIDERATION

You acknowledge that these terms of use are supported by reasonable and valuable 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.

 

3.       ELIGIBILITY
         
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 actions.

 

4.  RESTRICTIONS 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 support@hswing.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 AND COMMUNICATION

"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:

  1. 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.
  2. 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 or otherwise exploit in all manners permitted by these terms of use (including, 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 Submissions;
  3. 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.
  4. 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.
  5. 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;
  6. 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;
  7. 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;
  8. 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;
  9. 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 restrictions, procedures and/or these terms of use; and
  10. 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 any other provisions of these terms of use, and, as between you and us, you hereby 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.


8.      DISCLAIMER

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 TO YOU.

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.

 

9.       SUBSCRIPTIONS/BILLING/MEMBERSHIP CATEGORIES

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, this Terms of Use will be updated to reflect the new pay for service requirements at that time.

 

10.   TERMINATION

 

WE RESERVE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE FOR ANY REASON OR NO REASON.  Ilcoxsa 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.

11.   INDEMNIFICATION

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.

 

13.  COMPLAINTS

To resolve or report a complaint regarding the Service or members who use the Service users should contact us at support@HSwing.com. 

13.   WARRANTY

 

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 sole risk.

 

14.               AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any Ilcoxsa Services LLC Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.

 

15.   COMMUNICATION/DISCLOSURE

 

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.

This Agreement 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.

 

15.  ASSIGNMENT

You do 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.

 

HSwing.comTM service copyright 2007 Ilcoxsa Services LLC