Terms of Use

LAST REVISED:  20 June 2018

swan.sx  (“SWAN”) is a web site (“Site”, “the Site", "Website", “Service”, “swan.sx”) that hosts personal ads and related content created and developed by third-party users. Your use of the Site, including all access, services and/or features, is governed by these Terms of Use, the Ad Rules, and the Privacy Policy  (collectively, "Terms" or "ToS" or "ToU"), and you should review all carefully before proceeding with use of this site.  Please note that SWAN is not responsible for any content posted by users.

You agree that you are above the age of majority in the jurisdiction (18, 19, or 21 in most locations) in which you reside and where this content is accessed, as such you are legally capable of entering into this agreement and are legally allowed to possess adult material.  If you are under the age of majority, you agree to leave the Site immediately.

By using the Site in any way, you are agreeing to comply with these Terms.  Please review this Agreement carefully, including any provisions which PROHIBITS BOTH UNLAWFUL OR FORCEFUL USE OF THE SITE, INCLUDING PIMPING AND HUMAN TRAFFICKING.  In order to proceed with this Agreement you must acknowledge and agree to be bound by the Terms of the Website all pages found here.

By continuing to use the Website, you agree that the Website may be used only for lawful purposes by individuals of any gender looking to start a relationship.  This is a venue for personal ads.  Not all relationships start in a traditional manner, and SWAN embraces that as part of the new digital era.  All ads involving compensation are for the exchange of time and money only, a lawful act in most jurisdictions.  Charging a suitor for a first date before making a commitment to dating is no different than charging a consultation fee before taking on a design job.  By posting an ad you agree that exchanging time for money is legal in your jurisdiction and you are doing so voluntarily.  You agree not to use the Site (nor will you encourage others to) use this website in an illegal manner or in one that violates the Terms (link).

The Terms of Use, and your agreement, includes all Terms located hereUse of this site is contingent on your agreeance to these Terms.  If you do not agree, you cannot use the site and must leave.

Content is defined as but not limited to data, images, graphics, text, audio, emails, videos (including streaming videos), voice notes, recordings or profile text, performances, links, screen names whether sent publicly or privately.

You understand the Service provided by the Site contains content on the Website is user generated. The Site provides a forum for informational and entertainment purposes only.  The ads listed here are for companionship only and posted by individual users, whom we are not responsible for.

You agree to comply with all applicable laws of the jurisdiction in which you reside. In the interest of providing a safe and enjoyable service you agree to report activity you know to be illegal or would violate these terms of service either in spirit or letter.

You understand that these terms of services may be updated from time to time without notice to you. When using any of the Site's Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference into the ToS.

All users must abide by the ToS. If a user fails to follow any of the guidelines and/or rules of behaviour, the Site can delete content or discontinue their ability to use the site. You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

You are totally responsible and liable for for any activity that takes place under your name and password. If you become aware of any unauthorised use of your username and/or password it is your responsibility to notify us immediately by emailing swansx@protonmail.ch. It is up to you to maintain the confidentiality of your password and username.

IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS.  If you use the services of the Website, you must do so lawfully. You cannot access our Services without agreeing to these terms.  These Terms apply to all users and visitors of the website, not just registered members.

The Site reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at swan.sx and you should visit this page periodically to keep apprised of any changes. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.

User Conduct:

You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, emails, videos (including streaming videos), voice notes, recordings or profile text, links, screen names you post, upload, publish, link to, transmit, record, display or otherwise make available to the Site whether publicly posted or privately transmitted. You agree to use the Service to post and receive communications and Content that are legal.  You are solely responsible for your interaction with people who contact you through the Website.

SWAN has no obligation - but reserves the right - to monitor content you post on the Website or communication sent as part of the Service.  We may remove any content or media that in our sole opinion violates (or potentially violates) applicable laws or any condition of this agreement.  We have no obligation - but reserve the right to - monitor emails sent through this site in response to personal ads.

Without limitation, you agree to refrain from the following actions while using the Site:

  1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site. You must not in any way abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others. You must not upload, post or link to any material that is defamatory, infringing, libellous, racially or ethnically, hateful, objectionable, or unlawful or promotes or provides instructional information about illegal activities.  Use of this site to be hateful or harass others will not be tolerated.
  2. Posting or engaging in conduct on or through the Site that is in violation of any applicable law or regulation, in a manner that will infringe upon a copyright, trademark, or any other intellectual property rights of another person, violate the privacy of others, or violate another's rights in any fashion.
  3. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances; You must not upload, post or link to any material that is defamatory, infringing, libellous, racially or ethnically, hateful, objectionable, or unlawful or promotes or provides instructional information about illegal activities. You must not use the Service for any illegal or unauthorised purpose. This includes but is not limited to spamming.
  4. Use the website to engage or facilitate human trafficking of any kind.
  5. Post or send material that exploits persons under the age of 18, solicits any information from persons under 18, or continues to interact in any way with anyone you know or believe is under the age of 18. .  If you determine an ad you found on the website is of someone you believe to be under 18 please report the ad immediately.  Failure to do so can result in termination of your membership from the website.
  6. Post or send material that exploits another human being in any way.
  7. Posting advertising or solicitation in categories that is not appropriate;
    1. Posting adult content or explicit adult material unless: 
      • such material is specifically permitted under applicable law; and
      • you are at the age of majority and not considered to be a minor in your location of residence;
    2. Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of swan.sx; You may post nude photos, but no pink, no dick pics no starfish, and no close ups of genitalia or sexual acts.
    3. Posting any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favours for money or other valuable consideration; 
    4. Posting any material on the Site that exploits minors in any way;
    5. Posting any material on the Site that in any way constitutes or assists in sex slavery (more commonly known as "human trafficking") 
      Posting any ad for products or services, use or sale of which is prohibited by any law or regulation.
  8. Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
  9. Deleting or revising any material posted by any other user;
  10. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others; You agree to not impersonate another person or entity.
  11. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
  12. Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site:
  13. Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
  14. Gaining or attempting to gain unauthorised access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorised purposes;
  15. Attempting to probe, scan, or test for vulnerabilities of a system or network or to breach security or authentication measures.
  16. Mirror this website without express permission of SWAN.
  17. Harass or stalk any employee of SWAN.  This will result in immediate account termination with no refund of any credits.
  18. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
  19. Soliciting passwords or personal identifying information for unlawful or nefarious purposes.
  20. Creating multiple accounts for one user.
  21. Using the Site to engage in any type of fraud including, “recruiting”, pyramid schemes and other such MLMs.  Services are allowed to post an ad in the appropriate category and Providers can come to them.
  22. Competitive purposes such as soliciting, marketing analysis, or other competitive uses.
  23. Spamming or sending chain letters and other schemes through the service.  Use of the contact form is restricted to legitimate contact for the desired service in the ad only.
  24. Using the Site in a way that violates any law or rule of the jurisdiction in which you, resides, visits, or contacts Members from.
  25. Using the Site to force others to engage in acts against their will.
  26. Using the Site to engage in or assist another individual or entity to engage in any other fraudulent, abusive, manipulative or illegal activity.
  27. Using the Site in any malicious or dishonest way.

Please report any violations of these Terms to: swansx@protonmail.ch


We are not required but choose to monitor the content on this site.  We remove content that we think violates this Agreement and reserve the right to terminate the membership of the violating member. We are not required to screen or censor anything posted on this site. As such, we have no control over the quality, safety, or legality of the information or profiles posted, or the truth or accuracy of such information.

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.  You acknowledge that you are responsible for what you do on the Website and how you use this service.  Do not post things that break the law or violate regulations.  Do not threaten or intimidate others.  Keep your hate speech to yourself.  Do not use other people's photos.  

Risks:

  1. We DO NOT conduct ANY criminal background checks, or any other sort screening measures on any Members or Visitors to the Site. You specifically acknowledge and agree that SWAN is not responsible or liable for your defamatory, offensive, infringing or illegal materials or conduct and we reserve the right to remove such materials from the Site without liability or notice to you with no refund issued.
  2. We recommend thorough screening before any in person meetings are scheduled or occur. It is your responsibility and yours alone to ensure your safety and to investigate suitors and verify they are legitimate relationship seekers. There are many different nefarious characters on the Internet, and we strongly caution you to be skeptical of any potential suitor until you learn more about them and verify their background independently.
  3. You understand that we do not make any guarantees (express or implied) regarding compatibility or safety with individuals you meet on this site. You meet these individuals with full knowledge of that risk.
  4. We suggest users utilise screening services whenever possible before meeting Members. We do not endorse any specific screening site or service.
  5. We suggest checking and using community blacklists.
  6. We are not responsible for our visitor or member conduct online or off.

We do not do criminal background checks so please take all appropriate precautions when meeting respondents to your ads. You assume any and all risks associate with using this Service. Please take precautions and stay safe.  We are not liable for anyone you meet in person on this site.  This site is a tool for providing the meeting place and initial contact between providers and potential suitors, anything beyond that is not in our control and is done so at your own risk.  

Use of Materials:

Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.

Termination of Access:

The Site has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.

No Third Party Beneficiaries:

You agree that, except as otherwise provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.

Copyright and Trademarks:

All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, copy, store, record, play, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive, create derivative works from the posted content, and authorise sublicenses of the foregoing in any media now known or hereafter created.

Once you post something, we may use in in accordance with the terms of this Agreement.

Notification of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

Email: swansx@protonmail.ch (Please put COPYRIGHT in the subject line)

The Site may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Contact Us:

Email: swansx@protonmail.ch

Privacy Policy:

The Site has created a Privacy Policy setting forth how information collected about you is collected, used and stored. Your use of the Site constitutes acknowledgment and agreement with our privacy policy. You further acknowledge and agree that The Site may use your personal information in the manner described in our Privacy Policy.

Posting of Ads:

You understand that each time you post an ad on this Site or otherwise use the Site, you agree to these Terms. 

Fees:

The Site may impose a fee on the posting of Content in certain areas of the Site. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.  Fees are clearly listed on the advertising information pages of the Site.

Links:

The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk and with no endorsement from SWAN.

Release:

The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the Site. You understand that all postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively "Content") posted on, transmitted through, or linked from the Site, are solely the responsibility of the person from whom such Content originated. You understand that the Site does not control, and is not responsible for Content available on the Site. You agree that the Site does not pre-screen, monitor or approve any Content, but that the Site shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. The Site shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.

You agree that our service is a merely venue for posters and users of the Site. In the event that you have a dispute with any user of the Site, you agree that the Site is under no obligation to become involved. You further agree to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.

You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.

The Site does not offer any refunds for the early cancellation of paid sponsor ads or paid print ads. We do not issue credits or refunds.  If you have an issue with a paid ad please contact us swansx@protonmail.ch and we can discuss credit and an amicable resolution.

You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.

Disclaimer of Warranties for Site:

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.

IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORISED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.

Under no circumstances will SWAN be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service.  Content posted on the Website or transmitted to Users, Visitors, Members, or any interaction or contact between users of the Website, whether online or offline.  You are solely responsible for your interaction with people who contact you (or who you contact) through the Website.

All content posted on this site is for informational and entertainment purposes only and is not intended to replace or substitute any professional, financial, medical, legal, or other advice.

The Site shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content

Indemnity:

You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Jurisdiction and Choice of Law:

Arbitration:  The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard.  If you choose to sue for any reason you will have to bring your claim in arbitration (unless you opt-out of binding arbitration in the required timeframe).  By using the Website you acknowledge that all parties are waiving their right to any court proceedings in any jurisdiction.

General:

These Terms constitute the entire Agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.

We are not responsible or liable for your use of the Website. You are using the Website and Service as is, at your own risk and any communication you engage in as a result of an advertisement posted on this site is at your own risk.

Violations:

Please report any violations of these Terms to: swansx@protonmail.ch

Severance and Waiver:

You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.

The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.

Use of this site is contingent on your agreeance to these Terms.  If you do not agree, you cannot use the site and must leave.