Content Provider Membership Agreement
Last Updated: 11.11.2023
This Content Provider Membership Agreement establishes the rules that members registered with Dating for Swingers ("DFS") must abide by when creating visual content, whether written or in the form of photos/videos. The agreement also governs account types, the registration process, content sharing, and other essential aspects. It encompasses users' rights, responsibilities, rules regarding explicit content, and legal compliance. Please read this agreement carefully, as continuing to use the DFS platform implies your acceptance of these rules.
1) Accounts
A) Registration
Each user may register a reasonable number of accounts on DFS, provided you meet the requirements set forth herein and otherwise abide by these Terms. We may terminate any or all accounts of a user who registers an unreasonable number of accounts or who registers accounts for the purposes of evading moderation, suspension, or termination. You agree that we may require additional documents or records from any authorized user of an account.
We may permit you to register the following types of accounts:
Single: You may register a Single account if you are an individual. You are prohibited from posting sexually explicit Content which depicts any other individual on your Single account.
Couple: You and one other person may register a Couple account. You must obtain a written record of consent (“Consent Form”) from each person depicted in Content. We may request copies of identification documents and/or Consent Forms from any person depicted in Content. You are always prohibited from posting sexually explicit Content which depicts any individual besides the other person on the Couple account.
If you register an account on DFS or if you sign a Consent Form as an authorized user of a Couple account, we may, at any time and in our sole and absolute discretion, request that you provide a government-issued photo ID. Failure to provide such ID will result in immediate termination of your account.
B) Accuracy
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any user-generated content.
C) No Account Sharing
Except for accounts for which you are an Authorized User, you will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
D) Termination by You
At any time, you may delete your account by clicking the delete account link in your profile. Any authorized user may request that we delete a Couple account on which they are an authorized user by sending us an email to support@datingforswingers.com using their verified email address. You will not assign, transfer, sell, or share your membership to Dating for Swingers. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
E) Termination by Us
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
2) Grant of Rights
A) Materials
You understand that all we are offering you is access to and use of DFS as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use DFS. All users may access and use certain public areas of DFS, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of DFS for private, non-commercial purposes. This free license does not include a license to access or use paid areas of DFS or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use DFS, the Materials, and user-generated content, as limited by your purchase of certain paid features. This paid license is for private, non-commercial purposes. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use DFS, the Materials, any user-generated content, and certain paid features is not a transfer of title. You will not copy or redistribute any Material or user-generated content, and you will prevent others from unauthorized access, use of, or copying of the Materials and any user-generated content.
B) Content
We may permit you to submit Content to DFS. Except for personally identifiable information covered under our Privacy Policy, we will consider Content non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to DFS.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of DFS (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms. This license shall include the right to copy and transfer the Content to any of our affiliate, related, or partner sites, and to post the Content on different pages of DFS at our sole discretion. We may freely use the Content for any purpose. By posting Content to DFS, you consent to being depicted the Content, and the Content being publicly distributed on DFS.
Further, you grant each user of DFS a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through DFS, as permitted through DFS and under these Terms, and as limited by that user’s purchase of certain paid features or engagement in qualifying activities, such as matching with you or certifying their identity.
C) Sexually Explicit Content Depicting Other Individuals
You are prohibited from sharing sexually explicit Content which depicts other individuals, unless all the following conditions are met:
We may refrain from publicly distributing such Content until all depicted individuals have confirmed their identity and consent to being depicted in such Content and to such Content being distributed on DFS. You agree to release us, and hold us harmless, from all claims arising from such Content including but not limited to, from the distribution or lack of distribution on DFS. You further agree that any claim arising from such Content shall be asserted only against
3) Acceptable Use Policy
A) WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING
The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on DFS or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.
B) WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION
You understand that all depictions on DFS are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of user-generated content. If you seek any form of child sexual abuse material (whether real or virtual), you must exit DFS immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on DFS.
C) Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.
This agreement is part of our User Agreement and should be considered together.
This Content Provider Membership Agreement establishes the rules that members registered with Dating for Swingers ("DFS") must abide by when creating visual content, whether written or in the form of photos/videos. The agreement also governs account types, the registration process, content sharing, and other essential aspects. It encompasses users' rights, responsibilities, rules regarding explicit content, and legal compliance. Please read this agreement carefully, as continuing to use the DFS platform implies your acceptance of these rules.
1) Accounts
A) Registration
Each user may register a reasonable number of accounts on DFS, provided you meet the requirements set forth herein and otherwise abide by these Terms. We may terminate any or all accounts of a user who registers an unreasonable number of accounts or who registers accounts for the purposes of evading moderation, suspension, or termination. You agree that we may require additional documents or records from any authorized user of an account.
We may permit you to register the following types of accounts:
Single: You may register a Single account if you are an individual. You are prohibited from posting sexually explicit Content which depicts any other individual on your Single account.
Couple: You and one other person may register a Couple account. You must obtain a written record of consent (“Consent Form”) from each person depicted in Content. We may request copies of identification documents and/or Consent Forms from any person depicted in Content. You are always prohibited from posting sexually explicit Content which depicts any individual besides the other person on the Couple account.
If you register an account on DFS or if you sign a Consent Form as an authorized user of a Couple account, we may, at any time and in our sole and absolute discretion, request that you provide a government-issued photo ID. Failure to provide such ID will result in immediate termination of your account.
B) Accuracy
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any user-generated content.
C) No Account Sharing
Except for accounts for which you are an Authorized User, you will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
D) Termination by You
At any time, you may delete your account by clicking the delete account link in your profile. Any authorized user may request that we delete a Couple account on which they are an authorized user by sending us an email to support@datingforswingers.com using their verified email address. You will not assign, transfer, sell, or share your membership to Dating for Swingers. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
E) Termination by Us
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
2) Grant of Rights
A) Materials
You understand that all we are offering you is access to and use of DFS as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use DFS. All users may access and use certain public areas of DFS, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of DFS for private, non-commercial purposes. This free license does not include a license to access or use paid areas of DFS or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use DFS, the Materials, and user-generated content, as limited by your purchase of certain paid features. This paid license is for private, non-commercial purposes. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use DFS, the Materials, any user-generated content, and certain paid features is not a transfer of title. You will not copy or redistribute any Material or user-generated content, and you will prevent others from unauthorized access, use of, or copying of the Materials and any user-generated content.
B) Content
We may permit you to submit Content to DFS. Except for personally identifiable information covered under our Privacy Policy, we will consider Content non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to DFS.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of DFS (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms. This license shall include the right to copy and transfer the Content to any of our affiliate, related, or partner sites, and to post the Content on different pages of DFS at our sole discretion. We may freely use the Content for any purpose. By posting Content to DFS, you consent to being depicted the Content, and the Content being publicly distributed on DFS.
Further, you grant each user of DFS a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through DFS, as permitted through DFS and under these Terms, and as limited by that user’s purchase of certain paid features or engagement in qualifying activities, such as matching with you or certifying their identity.
C) Sexually Explicit Content Depicting Other Individuals
You are prohibited from sharing sexually explicit Content which depicts other individuals, unless all the following conditions are met:
- You are the owner or an authorized user of a Couple account, and you are posting such Content to such account.
- Such Content only depicts you and other authorized users of the account. Such Content cannot depict any individual user who has not signed a Consent Form in relation to that account.
- Such Content does not violate any third party’s rights.
- You have obtained and will maintain government-issued identification documentation confirming that each user depicted in such Content is at least twenty-one (21) years of age, and you will provide such documentation to us upon request.
- You have obtained and will maintain written documentation confirming that each user depicted in such Content has consented to being depicted in such Content, and such Content being publicly distributed on DFS.
- You have obtained and will maintain any and all records associated with the Content as required by 18 U.S.C. § 2257 & 2257A, and/or 28 C.F.R. § 75.1, et seq. (“2257”), and make such records available as require by law.
- You will provide this written documentation of consent and any other necessary releases, licenses, or ownership documents to us promptly upon request by us for such documentation.
We may refrain from publicly distributing such Content until all depicted individuals have confirmed their identity and consent to being depicted in such Content and to such Content being distributed on DFS. You agree to release us, and hold us harmless, from all claims arising from such Content including but not limited to, from the distribution or lack of distribution on DFS. You further agree that any claim arising from such Content shall be asserted only against
3) Acceptable Use Policy
A) WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING
The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on DFS or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.
B) WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION
You understand that all depictions on DFS are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of user-generated content. If you seek any form of child sexual abuse material (whether real or virtual), you must exit DFS immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on DFS.
C) Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.
This agreement is part of our User Agreement and should be considered together.