User Agreement

1. PURPOSE
   CouplesTouch.com is a meeting place for couples and singles in the swinging lifestyle. We do not discriminate based on age (notwithstanding paragraph 5), sex, race, religion, or sexual preference.
2. AUTHORIZED ACCESS
   If an account is suspended the person or persons who created the account are no longer authorized to access the site without first resolving the problem that caused the suspension. Any attempt by a person to create an additional account after having an account suspended will constitute unauthorized access to the system without consent.
3. RIGHT TO USE
   Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
4. AUTHORIZED USE
   You may only use the Service for the purpose of meeting and communicating with other users of the Service. All information obtained through the use of the Service is private and may not be used or distributed outside of the Service.
5. AGE
   Minors are not allowed to create, view, or browse profiles. Couplestouch is a site for singles and couples 18 and older. By using our Service, you represent, warrant and covenant that you are at least 18 years old.
6. CODE OF CONDUCT
   By using our Service, you agree to be bound by the following requirements:
   1. You will keep all information and communications provided to you through the Service as private and confidential and will not give such information or communication to anyone or otherwise make such information or communication public without the permission of the person who provided it to you;
   2. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene, or offensive language. This includes emails! (In other words, if you don't have something nice to say, don't say it at all!)
   3. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
   4. You will not post messages, pictures or recordings or use the Service in any way which
      1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
      2. is fraudulent or otherwise unlawful or violates any law;
   5. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation or advertising;
   6. You will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause any harm to the Service, Couplestouch.com systems or to any other members' computer systems;
   7. You will not advertise or promote CouplesTouch.com on any other site in a manner which violates that site's policies or user agreements. (Translation: we're glad you like the site but don't go spamming it.);
   8. You will not advertise or promote on CouplesTouch.com any other site that is a membership lifestyle site.
   9. You will not refer to another user by first name, last name, user name, or commonly known nick name in your profile description or forum posts without the express written consent of that user. (Translation: It's not nice to talk about other people so don't do it. Even if you think you're being nice in what you have to say the other person may not appreciate it.)
   10. All written communications on CT whether in profiles, emails, forums, or elsewhere must be in English.
7. STATUS
   The information you provide to the Service regarding your status must accurately reflect your situation. Singles must select their status as a single and couples must select their status as a couple. (Translation: Single males, you can't choose couple when you're really a single male. It doesn't matter if you "have a friend that can join if necessary", "a friend that plays with me on occasion", or are "married but playing alone." That isn't a couple. Those don't qualify as a couple. This goes for couples as well. If you're a couple you cannot list yourself as a female.)
8. ADVERTISING
   Advertisement or promotion is strictly prohibited in profiles, blogs, forums, chat, and email. The only exception is the advertisements forum where this is allowed.
9. FORUMS AND BLOGS
   
   1. All posts must be made in the proper forum. Posts made outside of the proper forum may be deleted and at the sole discretion of management the user making the post may be suspended.
   2. You may not make a post containing another user's first or last name or containing any other information which might enable someone to personally identify another user unless that user has already posted the same information within the last 30 days in the same forum.
   3. Images and links may be added to forum and blog posts and as long as they are relevant to the thread and the intent is to provide further information relevant to the thread. Additionally, images and links may not contain nudity, advertising, references to other adult or dating websites, references to other swinger or lifestyle sites, or links to such.
   4. You may not personally attack another user in the forums or blogs. You may make comments about another person's personal views or opinions but you may not make personal attacks on the user.
   5. You may not use vulgar language toward another user in the forums or the blogs.
   6. Forum and blog posts are public and there is no expectation of privacy.
   7. Forum and blog posts discussing illegal activities will be reported to the proper authorities.
   8. CT management may at anytime suspend or revoke a user's forum and / or blog posting privileges with or without cause.
   9. Post carefully. Forum posts may not be deleted after they are posted and will survive even after the deletion of your account.
   10. The above forum rules will be enforced based on the spirit in which they were written as determined solely by the management of CT. Any suspension or revocation of an account or of forum and / or blog posting privileges may be permanent or may be for a finite period of time as determined solely by the management of CT.
10. PROFILES
    The intent of all profiles must be for the express purpose of providing accurate and truthful information about the person or couple who created the profile. Each person or couple may have one and only one profile on CouplesTouch. If you try to create multiple profiles ALL profiles you create will be suspended. The following items, without limitation, are specifically prohibited in profiles:
    1. Depictions, descriptions, pictures, or solicitations of persons under the age of 18.
    2. Abusive, vulgar, or racist statements or language.
    3. Discussion or descriptions of illegal acts or behavior (i.e., drug use, violence)
    4. Advertisements or solicitations
    5. Foreign languages (to effectively monitor profiles, they must be in English)
    6. Unauthorized use of copyrighted or trademarked material
    7. Any information about a user other than the user creating the profile.
    8. Links or text directing users to external sites.
11. PICTURES
    Any photo uploaded must be a true and accurate representation of the person uploading the picture and the person uploading the picture must be the person who created the profile to which the picture is being uploaded. In addition, this is not a porn site nor do we want it to turn into a porn site.
    
    The first picture in your profile:
    1. may NOT be a picture displaying genitalia. Your additional pictures may be pictures depicting the genitals but your main picture may NOT.
    2. may NOT show frontal nudity of the genital area.
    3. MUST be primarily of you. It may not be a cartoon, drawing, graphic, painting, etc. You may black out eyes, make it a picture of your backside, etc. but it still MUST be primarily of you.
    The following, without limitation, are specifically prohibited in ALL pictures:
    1. Depictions of persons under the age of 18.
    2. Pictures of persons other than that of the person or couple that created the profile unless you have the express written permission from the person whose picture you are posting.
    3. Pictures "doctored" or modified in any manner other than to obscure a part of the picture.
    4. Pictures depicting bodily fluids (i.e. cum shots)
    5. Pictures with embedded text providing links to or promoting external sites.
12. CALENDAR / WHO'S OUT
    The Who's Out function of the calendar system may only be used to create entries specific to the date of the entry. Users are prohibited from creating calendar entries regarding dates other than the specific date entered.
13. CALENDAR / USER HOSTED EVENTS
    To avoid duplicate event postings, avoid confusion, and ensure that all RSVP’s to an event are in a single place Users may not post events already posted by an affiliate or another user.
14. MEMBERSHIP CATEGORIES
    Users of the Service are "Trial Members" or "Paid Members" of the Service. Trial Members and Paid Members have the same access to all parts of the Service with the exception of only being able to view the first picture on user's profiles. Trial Members must become Paid Members to continue to use the Service after 30 days from the day the account was created (the "Trial Period").
15. FEES AND PAYMENTS
    After the expiration of the Trial Period, a member must purchase access as a Paid Member to continue to use the Service. In order to purchase access to the system, a member must place a valid credit card on file within their profile to which the monthly service fee may be billed. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge members or the method of payment which is acceptable to us, at our sole discretion. A Paid Member whose credit card is declined at any billing cycle will automatically become an Expired Member and will no longer be able to use the service until such time as their credit card information has been updated and their account re-billed. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused time remaining on your membership is automatically and immediately forfeited. THE PURCHASE OF A MEMBERSHIP IS NON-REFUNDABLE. A membership may not be transferred from one member of the Service to another member. You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. 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 also are 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.
16. PRIVACY AND USE OF INFORMATION
    By using the Service you have also agreed to our Privacy Policy and acknowledge that:
    1. we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
    2. 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; and
    3. we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and we assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
    You may not use the Service for any unlawful purpose. We may refuse to grant you a, ID or 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.
17. MONITORING OF INFORMATION
    We reserve the right to monitor all communications of the service, both public and private, to ensure that they conform to the User Agreement.
18. REMOVAL OF INFORMATION
    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 delete, move, or edit messages or materials, including without limitation profiles, and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, messages and other materials you may upload to the Service or users of the Service.
19. TERMINATION OF ACCESS TO SERVICE
    We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
20. PROPRIETARY INFORMATION
    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 agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
21. NO RESPONSIBILITY
    You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 3 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
22. SECURITY
    Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
23. EXTERNAL LINKS
    The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.
24. PROMOTIONS
    You may not use your profile or our email system to promote parties, events, gatherings, trips, outings, etc. unless the event being promoted is a not for profit event. Not for profit means that the event will not be benefiting someone financially through monetary compensation or otherwise. CouplesTouch.com provides a place on its home page to list these items for you. To have your item listed simply click on the link to fill out the form to submit your item. For profit events will be listed on the home page at our sole discretion.
25. INDEMNITY
    You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
26. NO WARRANTIES
    The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Couplestouch.com, our partners, or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Couplestouch.com or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
27. MODIFICATIONS
    We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
28. DISCLOSURE AND OTHER COMMUNICATION
    We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any CouplesTouch.com related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. By using the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.
29. GOVERNING LAW
    This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Couplestouch.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
30. ASSIGNMENT
    You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Couplestouch.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Couplestouch.com, if Couplestouch.com's obligations hereunder are assumed by a third party, Couplestouch.com shall be relieved of any and all liability under this Agreement.
31. DISCLOSURE
    The services hereunder are offered by Couplestouch.com, a wholly owned and operated subsidiary of Rick's Cabaret International, Inc., located at 10959 Cutten Road, Houston, Texas 77066.