Welcome. This Agreement constitutes your agreement with DashBoardHosting, Inc. ("DashBoardHosting"), and its subsidiaries and affiliates including SwingLifestyle.com (the "SLS Website") with respect to your use of the "Story" section of the SLS Website. Your viewing or use of the Story section of the SLS Website indicates your acceptance of the following terms:
1. Content. The Story section of the SLS Website (the "Section") is devoted to providing visitors with fictional and non-fictional text-based materials that describe, with varying degrees of specificity, sexual encounters and sexual episodes (collectively, the "Content"). The Content may contain specific depictions of nudity and heterosexual, bi-sexual, homosexual and/or transsexual sexual situations, as well as depictions of bondage, masturbation and other highly erotic and prurient situations. If such materials or content offends you, you may not directly or indirectly view, read or otherwise access any of these materials.
2. Representations. By accessing the Section, you represent and warrant: (i) that you are above the age of 18; (ii) that you do not consider the Content you access at or through the Section to be obscene, and that you believe that the Content has serious literary value; and, (iii) that you will not provide or cause others to provide the Content to people under the age of 18.
3. Restrictions. Unless otherwise explicitly noted, the Content may be used by you solely for your personal, non-commercial use. You shall not copy or otherwise reproduce the Content without the prior written consent of the SLS Website. Any copying or reproduction of the Content in violation of this section shall constitute copyright infringement, and shall be subject to civil and, potentially, criminal sanctions.
4. Digital Millennium Copyright Act. Dashboard Hosting respects the rights of all copyright holders. To that end, Dashboard Hosting has adopted and implemented a policy that provides for the removal of any content in the Section that infringes the intellectual property rights of any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dashboard Hosting's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dashboard Hosting's copyright agent for notice of claims of copyright infringement on or regarding this Section can be reached as follows:
P.O. Box 9896
Coral Springs, FL. 33075
5. Links to this Section. You shall not cause any other website or URL to be linked to the Section without the prior written permission of the SLS Website.
6. Editorial Control. You acknowledge and agree that DashBoardHosting cannot and does not review all of the information that comprises the Content, and DashBoardHosting shall be considered, to the greatest extent possible, to be solely a common carrier of the Content. You understand and agree that DashBoardHosting is not responsible for any of the information that comprises the Content. Any opinions, advice, statements, or content made at or through the Section are the work product of third parties. DashBoardHosting neither guarantees nor endorses the content, usefulness, truthfulness, accuracy or validity of such Content. The Section and the Content is provided for entertainment purposes only. DashBoardHosting shall have the right, but not the obligation, to monitor the Content. DashBoardHosting reserves the right to remove any portion of the Content from the Section at any time.
7. Disclaimers. YOU HEREBY AGREE THAT YOUR USE OF THE SECTION IS AT YOUR OWN RISK. DASHBOARDHOSTING DOES NOT REPRESENT OR WARRANT THAT THE SECTION WILL RUN UNINTERRUPTED OR BE ERROR-FREE. THE SECTION (AND THE CONTENT ACCESSIBLE ON OR THROUGH THE SECTION) IS PROVIDED TO YOU "AS IS", AND WITHOUT ANY WARRANTY WHATSOEVER, AND DASHBOARD HOSTING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPLICIT OR OTHERWISE. YOU FURTHER AGREE THAT IN NO EVENT WILL DASHBOARD HOSTING OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, STATUTORY, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR USE OF THE SLS WEBSITE.
8. Governing Law. The laws of the state of Florida shall govern your use of, and access to, the Website and the Section. The venue for any question or dispute arising out of the Website, the Section, or your use of the Content, shall exist solely and exclusively in Broward County, Florida for all state court matters, and the Southern District of Florida for all federal court matters.