Terms and conditions

“The Boiling Room SRL” ("we," "us", “our”, “ company”  or “Site”) registered in Romania, under number J23/249/01.02.2017, registered office in Voluntari, Erou Nicolae Iancu nr 52-54, A5, VAT number 3697348 owns and operates kualalumpurswingers.club  (including kualalumpurswingers.club mobile and kualalumpurswingers.club app) (collectively, our or this "Site"), on which we provide an interactive way for likeminded users to communicate, explore their fantasies, entertain themselves and to determine whether they wish to meet each other, chat with each other and/or explore extra-marital relationships (our Site, Mobile Application and such services, collectively, our or this "Service").

STATEMENT

kualalumpurswingers.club is a private club providing a service for adults who wish to communicate online with other adults, to develop a network of friends and acquaintances for social reasons only. Disclaimer: This website contains adult material. You must be over 18 to enter or 21 where applicable by law. All members on this website are over 18 years of age.

By completing your registration in kualalumpurswingers.club, you acknowledge that you have read the Terms and Conditions, and that you accept the terms and conditions contained herein, and agree to comply and abide by them.

Management of kualalumpurswingers.club reserves the right, at its sole and absolute discretion, to refuse registration to any person, or to terminate any membership, without notice, for any reason whatsoever, including but not limited to failure of a member to comply with the terms and conditions or violation of the code of conduct described below.

CODE OF CONDUCT Members must at all times conduct their activities in the spirit for which kualalumpurswingers.club has been created. Members will not harass, abuse or insult other members and will not use offensive or obscene words, names or phrases in any of their online communications.

This shall also be meant to prohibit the forwarding of any obscene or offensive materials, or the use of kualalumpurswingers.club for the transmission of any advertising or other materials for commercial purposes. Members agree to respect the views of all members at all times, and to demonstrate helpfulness and show understanding for the wishes and safety of all members.

ZERO TOLERANCE SPAM POLICY Any unsolicited commercial or promotional messages sent to other members are considered SPAM and will result in immediate account termination. Prohibited activities includes promoting another website (of any type), another club or posting or publishing a party invitation to other than specific members. It is our intention and desire to protect our members from all manner and types of spam.

USE OF OUR SITE AND APP

kualalumpurswingers.club is simply a social network for like-minded adults to interact. We do not endorse or encourage any unlawful behaviour in any jurisdiction in which this social network is made available. The terms and conditions set forth below form an agreement (the "terms") that governs your use of the service. By using or accessing the service, you ("you" and "your") agree to be bound by (1) the terms and (2) privacy policy, available at kualalumpurswingers.club ("privacy policy"). Please read these terms carefully before using this Site including the sections relating to termination, arbitration and class action waiver. If you do not agree with the terms or privacy policy, do not access or otherwise use the Site or any information contained herein. We reserve the right, at our discretion, to modify these terms at any time. Any updated version supersedes and replaces any prior versions upon posting and the prior version is of no further force and effect unless we specifically state otherwise.  We will indicate the last update date at the end of these terms.  You agree to note that last update date of the revision you read and agree to periodically check these terms for changes. If the last update date has been changed, then you will know we have made changes to these terms and that you must review the terms to determine how your rights and responsibilities under the terms have changed. Your continued use of this Site following the posting of changes to these terms will mean you accept those changes. You also will be required to affirmatively agree to the terms and any material modifications to the terms.

You cannot use kualalumpurswingers.club or our service if you are not at least 18 years of age and the age of majority and legal consent in the jurisdiction in which you live or reside and have the legal capacity to enter into these terms.  You also may not use this Site or our service if you have ever been convicted of a sexual offense, are required to register as a sex offender with any governmental entity or agency or are currently under indictment for such an offense of a sexual nature.

We may for any reason decline to accept anyone as a Member.

This legal agreement is made between you and us. By accessing the service, you accept these terms and agree to be bound by the terms, conditions and notices contained or referenced herein whether or not you become a paid subscriber. If you do not agree with these terms, do not use or access the Site or the service.

Information and services that are provided on this Site and Service in a language other than English are only provided as a convenience to you when available. All Services to be provided, all obligations of our Company and all communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.

In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:

    •    violate any applicable law or regulation,
    •    infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
    •    use the information available through our Service for any unauthorized or unlawful purpose,
    •    interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
    •    use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,
    •    use our Service to obtain the personal contact information of another user without their prior consent;
    •    use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
    •    "stalk" or harass any other user of our Service,
    •    use the Service if you have ever been convicted of a sexual offense or currently have such charges pending against you;
    •    use the Service for any illegal purposes, including, without limitation, prostitution and/or solicitation;
    •    collect or store any information about any other user other than in the course of the permitted use of our Service,
    •    use our Service for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products,
    •    impersonate any person or entity,
    •    remove any copyright, trademark or other proprietary right notices contained in the Service,
    •    infringe on the intellectual property rights of the Service or any third parties in any manner,
    •    modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service,
    •    post, upload or transmit false, misleading or illegal information or content to the Service,
    •    make false statements, attempt or use personal, financial or other information that you are not authorized to use,
    •    upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
    •    disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service,
    •    collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,
    •    provide hyperlinks, URL links, graphic links or other direct connection to our Site or the Service for profit or gain, or
    •    assist any third party in doing any of the foregoing.

USER CONTENT

By submitting any content (including, without limitation, your photograph and profile and other information) to our Site, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the intellectual property or other rights of any third party. You waive absolutely any and all moral rights to be identified as the author of the content, including your photograph and profile, and any similar rights in any jurisdiction in the world. By submitting any content (including, without limitation, your photograph and profile) to our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, parent, subsidiaries, affiliates and successors, an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferable right and license to use, reproduce, display, broadcast, publish, quote, re-post, reproduce, bundle, distribute, create derivative works of, adapt, translate, transmit, arrange, sub-license, export, outsource, loan, lease, rent, share, assign and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify or alter your photographs or otherwise create derivative works based upon your photographs. We are under no obligation to remove your profile, picture and other information from our Service even after you have terminated your membership unless you utilize the Complete Profile Removal option.  You represent and warrant to us that you have the absolute right to grant the license and other rights set forth above.  You agree that we may use your contact information to send or transmit to you, information and promotional materials about our Service, and information and promotional materials about our affiliates and third party sites.

You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that:

    •    is libelous, defamatory or slanderous,
    •    is showing child pornography (anyone under the age of 18- depicting or describing person)
    •    contains Forced / Non-Consensual Sexual Activity (Oral, anal or vaginal penetration by sex organs, object or fingers and includes wording or actions indicating lack of consent: rape, force, asleep, drugged, passed/blacked out, chloroformed, unconscious, hypnotized, drunk, intoxicated, inebriated, drugged, stoned sex, etc)
    •    contains bestiality or content depicting or describing sex with animals, and acts with non-human creatures
    •    shows hate Crimes, Violence, or extreme sexual violence and/or Pain
    •    non-consensual mutilation of a person or body part
    •    shows blood, scat, depicting or displaying human feces
    •    contains pornographic, sexually explicit or vulgar content,
    •    may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,
    •    exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way,
    •    encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes) or any illegal acts,
    •    makes use of offensive language or images or is otherwise patently offensive to the online community,
    •    harasses or advocates harassment of another person,
    •    involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam,
    •    promotes an illegal or unauthorized copy of another person's copyrighted work,
    •    characterizes violence as acceptable, glamorous or desirable,
    •    contains any illegal material or any material that infringes or violates another party's rights (including, without limitation, intellectual property rights and rights of privacy and publicity),
    •    constitutes an illegal act (including, without limitation, prostitution and/or solicitation) or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses,
    •    solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
    •    provides or promotes inaccurate, misleading or false information,
    •    engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes, or
    •    contains any identifiable personal contact information (other than for purposes of registration for the Service).

If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

The foregoing is a partial list of the kind of content that is illegal or prohibited on our Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section or any other provision of these Terms, including, without limitation, removing the offending communication from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities.

We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, profiles, public postings, emails, and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You understand and agree that you shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. You also understand and agree that we cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE

Your Responsibilities

You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person. In addition, YOU AGREE TO REVIEW kualalumpurswingers.club DATING SAFETY TIPS  PRIOR TO USING THE SERVICE. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Site. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.

Our Limitations

You agree that we will not be responsible for any damage or harm resulting from your use of the Service or your interactions with other users of our Service. While we do make concerted efforts to screen users, you understand and acknowledge that we do not pre-approve any of our users or members nor do we in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS.  It is your responsibility to investigate the background, financial status, criminal background, character and all other aspects that might affect whether or not you want to interact with a user or member on our Service.  We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons you meet through the Service. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service. You agree that we are not responsible for the accuracy of information communicated to you on the Service. You release us from any and all liability in connection with the Service and the contents of any communications you may receive from other users. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities and pursuant to legal process; however, you agree that we are under no obligation to do so.

User Disputes

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER MEMBERS, BOTH ONLINE OR OFFLINE. We reserve the right, but have no obligation, to monitor disputes between you and other users.  You agree to release us, our parents, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes. 

MINORS

Our Service is intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence ONLY. We will not knowingly permit anyone who does not meet these criteria to use our Service. By using our Site and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.  You also represent and warrant that you will not allow any minor access to this Site or our Service, including taking all precautions and implementing all parental control protections on your computer or other electronic device used to access this Site and our Service to prevent any minor from gaining access to this Site and our Service. Further, you hereby commit to inform us immediately should you become aware of a minor using the Service.

You agree that we shall not be responsible or liable for any misrepresentations regarding a user’s or member’s age or for the unauthorized use of this Site or our Service by a minor.

WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18.

SERVICES, REGISTRATION AND TERMINATION

Categories of Services

Users of the Service may become "Guests" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests. Full Members are not charged by us for the features that are free to Guests

How it works

kualalumpurswingers.club is a service for adults who wants to communicate online with other adults, to form and grow new relationship and  to have a network of friends for social reasons. This Site contains adult material.  And you must be over 18 ( or more where applicable by law).

Getting started

  • Join us and meet our members in as little as 5 minutes
  • Define you – add a photo and describe yourself
  • Explore community – limited features
  • Pay membership fee and you will have full access to our features

Membership cost- from 19.9$ / month

What You Get

Subscribing to kualalumpurswingers.club  gives you access to a growing set of tools – on our Site – that will help you find what you need. As a subscriber, you can:

  • Receive and reply to Messages from other subscribers.
  • Send Messages to members you are interested in.
  • Remove members you're not interested in

Registering to Use our Service, Fees, Payments and renewals

While most parts of our Site are available to Members free of charge, certain features (as explained on the “upgrade page”) are available only to those who upgrade by paying a fixed subscription fee. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Site. Prices are stated in US Dollars and include tax unless otherwise stated.

We reserve the right to change our pricing policy or the method or manner in which we charge for our Service at any time at our sole discretion without further notice. Once we have confirmed receipt of your payment, you will become a member.  Accounts may not be transferred from one client of the Service to another client.

You understand and agree that it is a condition of your use of this Site and the Service and of your membership that all of the information you provide to us when you are signing up and providing your Profile is correct, current, accurate and complete.  If you provide any misleading or false information to us, your right to use this Site is invalid and your membership is void. 

The Company bills you through an online account (your "Billing Account") for use of the Service. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the our Site and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on Site. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Site or Service when automatically renewing your account.

You can confirm the expiry date of your account and any account balance at any time by clicking on "Manage Profile" or by using the Contact Form and providing us with your Profile Number and account details.

We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the Site from time to time. You are also responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including, but not limited to telephone charges.
Once successfully posted, we may monitor your account for usage and compliance with the Terms. We reserve the right to terminate your membership for breach of these Terms or otherwise in our discretion.  If your usage of the Service is terminated because of a breach of these Terms or if it is terminated for any reason, any balance you may have is immediately forfeited. No fees or charges are refundable under any circumstance.

Refund Policy and Termination

Failure by any member to make timely payment of membership fees will result in termination of membership, and the members profile will be immediately deleted from the our database. If a member has established automatic withdrawal for payment of membership fees, and that membership terminates for any reason, it is the members responsibility to cancel the automatic payment. By default the membership recurring billing is switched on. No refunds will be given for overpayment resulting from the members failure to terminate the automatic payment.
If a membership is terminated for any reason, whether by us or the member, no refund will be given for any prepaid portion of the membership fees.

You acknowledge and agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to our Service.  You acknowledge and agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You will be entitled to a refund of unused credit or subscription fees paid upon termination of your access to our Service by us for any reason.  

You may terminate your access to the Service at any time via our Site or by sending us written or email notice of termination.

You will not be entitled to any refund of unused subscription fees upon your termination of your access to our Service for any reason whatsoever.

You may also select the "Complete Profile Removal" option, which is offered separately of basic termination. This feature will remove any existence of the account on the Service, including all messages sent and received (regular, collect, priority), Winks, Gifts, all photos you have uploaded, any Site usage history and other personally identifiable information. By using the Service, you hereby acknowledge that Members' communications may no longer be accessible should that Member have selected the Complete Profile Removal. You understand and acknowledge that notwithstanding the above, we may retain some or all of the deleted information for up to 6 months following its removal from the Site for financial record-keeping purposes.  In addition to all of the other limitations of liability contained in these terms and conditions of use, you acknowledge that you cannot make any claims in relation to or in respect of your account information or activities on the Site after it has been completely deleted.

Credit Card Chargeback Policy

We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks.  A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased.  You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter.  Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members.  Engaging in activities aimed at reversing a legitimate charge is illegal.  You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.

Privacy & Use of Information

Use of the Service is also governed by our Privacy Policy. You agree that by registering a Profile or using our Service you have agreed to our Privacy Statement. You acknowledge that although we strive to maintain the necessary safeguards to protect your personal data, we cannot ensure the security or privacy of information you provide through the Internet and your email messages. You agree to release us, our parent, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to the release or use of such information by third parties.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” You acknowledge and understand that due to the inherent uncertainty in the use of the internet and information systems, and the potential for unlawful attacks by third parties, we cannot guarantee that the use of our systems, websites, or applications will be completely safe or secure.  We may process and store your personal information at a facility in Canada or any other country in which we maintain or use facilities or hosted services. Information may be subject to access by law enforcement or other governmental agencies pursuant to lawful orders or legal process.  Any personal information you provide to us may be subject to all applicable laws.

Customer Service

Our customer service representatives are available to answer questions you may have about your Service and to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our sole discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Site and your membership to our Service and you will not be entitled to any refund of unused credits or subscription fees.

Email Communications

You acknowledge and agree that we and other sites we operate (or our agents) may send you email (electronic) communications that include messages about the Service and your membership account with us and services offered by our other sites and third parties.  We communicate with you as part of our Service and your membership.  You agree and consent that any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.  You may opt out of receiving these notifications from us. You further agree and acknowledge that from time to time we may send messages on your behalf to other members, in order to facilitate your introduction to a larger number of potential matches and to enhance your engagement on our social network.  You further agree to receive these messages from potential matches, and acknowledge that we may include your profile in messages sent to other members.  If you prefer (i) not to have these messages sent on your behalf or (ii) not to receive such messages, you can opt out of this feature in your personal settings.

Other Aspects of the kualalumpurswingers.club Network Service – For Your Entertainment

Our Site and our Service gives users the opportunity to explore their fantasies and to interact with others in the Site. However, there is no guarantee you will find a date or partner on our Site or using our Service. Our Site and our Service also is geared to provide you with amusement and entertainment. You agree that some of the features of our Site and our Service are intended to provide entertainment.

You also understand and agree that there are users and members on the Site that use and subscribe to our Service for purely entertainment purposes. Those users and subscribers are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement.

You acknowledge and agree that any profiles of users and members, as well as, communications from such persons may not be true, accurate or authentic and may be exaggerated or fantasy. You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications.

NON-COMMERCIAL USE

You understand and agree that our Site and the Service is for personal use only and may not be used in connection with any commercial purposes. Organizations, companies, and/or businesses may not use the Service or our Site for any purpose. Illegal and/or unauthorized uses of our Site, including prostitution and/solicitation, financial fraud, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Site may be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress. You understand and agree that use of our Site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.

THIRD PARTY CONTENT, LINKS AND PAGES

In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, inaccurate, incomplete or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy policies.  You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with Third Party Content, including, without limitation, profiles of other users of our Service.

PROPRIETARY RIGHTS

Content is Protected by Law

You acknowledge and agree that all content and materials available on our Site are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Site, unless you have our written permission.  Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service in accordance with the Terms.  If you download or print a copy of any content for your personal use, you must retain all copyright and other proprietary notices contained on such content.

COPYRIGHT POLICY

The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights

Use of Content

You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks or logos as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at contact@jungo.live. You may, however, establish ordinary links to the homepage of our Site without our written permission.

Content – AS-IS

All of the content on our Site is provided “AS IS.”  All content is the responsibility of the person that originated such content.  You understand and agree that under no circumstances will we be liable for any losses, liabilities or damages incurred as a result of your use of any content on our Site.

USERNAME AND PASSWORD

You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your username and password are not transferable and may not be assigned.  You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 10.

DISCONTINUANCE OF SERVICE

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Site or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site or Service.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Service will not infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; (d) you have never been convicted of a sexual offense and that you have no such charges currently pending against you; and (e) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

DISCLAIMER OF WARRANTIES

You agree that:

  • If you use our service, you do so at your own and sole risk. Our service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
  • We do not warrant that (a) our service will meet your requirements; (b) our service will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain on our service will be accurate or reliable; (d) the quality or reliability of any products, services, information or other material purchased or obtained by you through our service will meet your expectations; (e) any information you provide or we collect will not be disclosed to third parties; (f) any profile on our Site is accurate, up to date or authentic; (g) any material or files that you can download from the internet will be free of viruses, worms, trojan horses or other code that may have damaging; (h) third parties will not use of your confidential information in an unauthorized manner; or (i) any errors in any data or software will be corrected. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email/chat or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with our Site and/or in connection with the service. Under no circumstances will we or any of our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of our Site or the service, any content posted on our Site or transmitted to users, any products or service provided by third parties or any conduct or interactions between users of our Site, whether online or offline.
  • If you access or transmit any content through the use of our service, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content posted on our Site or in connection with the service, whether caused by users of our Site or by any of the equipment or programming associated with or utilized in the service. We are not responsible for the conduct, whether online or offline, of any user of our Site or the service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
  • No data, information or advice obtained by you in oral or written form from us or through or from our service will create any warranty not expressly stated in these terms.

LIMITS ON LIABILITY

  • You agree that we will not be liable for any damages whatsoever, including direct, indirect, incidental, punative, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising from, relating to or connected with: (a) the use or inability to use our service; (b) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our service; (c) disclosure of, unauthorized access to or alteration of your content; (d) statements, conduct or omissions of any service providers or other third party on our service; (e) actions or inactions of other users of our Site or our service or any other third parties for any reason; or (f) any other matter arising from, relating to or connected with our service or these terms.
  • We will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
  • In no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our service or these terms exceed the sum of five thousand ($5,000) dollars.
  • You acknowledge and agree that the disclaimers of warranties these limitations of liability are an agreed upon allocation of risk between you and us.  You acknowledge and agree that if you did not agree to these limitations of liability we would not provide our Site or the service or the materials or content included to you.  You acknowledge and agree that such provisions are reasonable and fair.

GOVERNING LAW

This contract shall be governed by Romanian law and any disputes will be decided only by the courts of Romania.

Force majeure

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. If our Site is unavailable for more than 48 hours, we will credit the amount of the downtime to your subscription period.

NOTICES AND COMPLAINTS

Unless provided otherwise in these Terms, all notices shall to us be delivered to “The boiling room SRL” in the attention of Legal Department at contact@jungo.live, and all notices to you shall be sent by email to you at the email address you provided to us at the time you registered or through a later notice of a change of address.  Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified the email address is invalid or has been returned for some other reason.  All other notices shall be deemed received when delivered.

Revision Date

This Agreement was last revised on Oct 25, 2017.