Terms and Conditions

Legal Notices And Terms Of Use

A. AGE AND LEGAL ACCESS CERTIFICATION.

B. CUSTODIAN OF RECORDS.

C. TRADEMARKS.

D. COPYRIGHTS.

E. LIMITED LICENSE.

F. COMMUNICATIONS NOT PRIVATE.

G. DISCLAIMER.

H. LINKS TO THIS SITE.

I. LINKS TO THIRD PARTY SITES.

J. JURISDICTION AND VENUE.

K. NOTICES.

L. MEMBERSHIP – CANCELING/UPGRADING

M. MEMBERSHIP – MAILED APPLICATOINS

A. AGE AND LEGAL ACCESS CERTIFICATION

By subscribing to and entering clubnexxus.com, nexxuscouples.com, nexxuscouples.net and/or carolinafriends.com (herein referred to as “Nexxus/CF”), you certify the following information and understand that we are relying on such certification and agreement to these terms of service for allowing entry into the site. You hereby certify under un-sworn declaration of perjury the following:

1.That you are 21 years of age or older;
2.That you are familiar with all local laws in your area affecting your legal right to access erotica or adult-oriented materials;
3.That you have the legal right to access adult-oriented materials and entering clubnexxus.com, nexxuscouples.com, nexxuscouples.net and/or carolinafriends.com has the legal right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment and that you will never share these materials with a minor or in ANY WAY make these materials available to a minor.
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B. CUSTODIAN OF RECORDS

All persons who appear in any visual depiction contained in this site were eighteen years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records, Dave Maurer, who can be reached at 704-559-5951, and has a business address of 8001 N. Tryon St. Charlotte NC, except with regard to visual depictions of actual sexually explicit conduct made before July 3, 1995, which are exempt from the requirements set forth in 18 U.S.C. ยง 2257 and 28 C.F.R. 75.
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C. TRADEMARKS

clubnexxus.com, nexxuscouples.com, nexxuscouples.net and carolinafriends.com (herein referred to as “Nexxus/CF”) are a trademark of Carolina Friends Club, Inc., and may be used publicly only with express written permission. Other trademarks and service marks featured on the site are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
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D. COPYRIGHTS

Except for public domain material and electronic messages, all materials on this site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of the sites owner. Except as expressly stated in the Limited License provision in these Terms of Use, no grant of any express or implied right to you under any of her trademarks, copyrights or other proprietary information are given.
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NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use information, text or images on the Nexxus/CF web sites is not permitted without the specific written approval of Nexxus/CF. Such permission may be granted provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, (3) no modifications of any Documents are made and (4), no information or images of any member or user are included in the material being used. Personal use of the information on the Nexxus/CF sites by Nexxus/CF members in contacting other Nexxus/CF members for personal, non-commercial use only is permitted. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
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Documents specified above do not include the design or layout of the Nexxus/CF websites or any other Nexxus/CF owned, operated, licensed or controlled site. Elements of Nexxus/CF websites are protected by trade and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Nexxus/CF websites may be copied or retransmitted unless expressly permitted by Nexxus/CF.

Nexxus/CF and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. Nexxus/CF and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Nexxus/CF and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this site or server.

The documents and related graphics published on this site and server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Nexxus/CF and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
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E. LIMITED LICENSE

Nexxus/CF provides the materials on these sites for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said site. Users of these sites are granted a single copy license to only view (on a single computer only). That the viewing of said information does not constitute the right to print or copy of any of the information made available for viewing on these sites. The viewing of information on these sites is for personal, non-commercial use only. Site owner reserves the right to limit the amount of materials viewed. Commercial use of any material located on it, is strictly prohibited. In addition, users of this site may not: (i) modify any of the materials found in any area of these sites, download or copy any material from these sites; (ii) use any of the materials found in any area of these sites for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of these sites; or (iv) otherwise transfer any material located in any area of these sites to any other person or entity. Site owner reserves the right to terminate this license at any time if you breach or violate any provision of this Terms of Use agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from these sites. Site owner reserves all other rights coincident or related to these sites.
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F. COMMUNICATIONS NOT PRIVATE

Site owner does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to site owner shall be deemed to be readily accessible to the general public. Visitors should not use this site to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this site can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.
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G. DISCLAIMER

THE MATERIALS ON THIS SITE ARE PROVIDED AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. SITE OWNER OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. SITE OWNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SITE OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF SITE OWNER HAS BEEN ADVISED OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)
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Nexxus/CF provides an online, real time, and advertising communication services for individuals, couples and clubs who share an interest in the “lifestyle” most commonly know as “swinging”. All postings and images on these sites and networks are the sole responsibility of the member. NEXXUS/CF IS NOT RESPONSIBLE FOR THE CONTENT OF ANY POST or IMAGE.

Nexxus/CF does not permit unauthorized advertising on it’s site and/or in chat rooms and specifically prohibits attempts to promote other lifestyle clubs and sites not affiliated with our sites through posts, chat or other use of our sites. Nexxus/CF reserves the right to remove without notice any content communicated by any user(s) for any reason, and has no obligation to delete, remove or modify any content. Nexxus/CF requires that every member and user observe the laws and regulations of all local, national and international governments and agencies having jurisdiction. Nexxus/CF may terminate any user’s access to the Nexxus/CF site and service and remove any content posted, for any reason. Nexxus/CF reserves the right to modify or discontinue any portion or component of the site or service at any time and with or without notice. Nexxus/CF shall not be liable to any user or any third-party for any termination or modification of service.
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Nexxus/CF does not claim ownership of any content communicated by members or users. By placing content on the Nexxus/CF site, you grant Nexxus/CF a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, fully paid up license.

Nexxus/CF accepts MasterCard and Visa. All charges you authorize will be billed on the date membership is applied for. Where a monthly billed membership has been selected, recurring monthly billing will be processed at the start of each monthly period based on your join date for the duration of time that your membership remains active. Nexxus/CF bills based on a calendar month and in advance of service. Where a one time membership has been selected, this membership will not automatically rebill and is effective for only a 12 month period of time and must be renewed by completing the Upgrade/Renewal application form. A reminder will be sent to the email on file at least 7 days prior to membership expiration date. Memberships are considered past due if credit card processing is not approved by the bank or processing company. Delinquent members are notified by e-mail. Delinquent members may be blocked from the site. If a member has been blocked, the member will not be able to access Nexxus until the balance has been paid. After 30 days, blocked members that have not paid the required balance may be deleted from the system. To cancel your Nexxus/CF membership, please refer to the Members FAQ section the Nexxus/CF sites or section L below.
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SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this server (“Software”) is the copyrighted work of Nexxus/CF and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Nexxus/CF hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

RESTRICTED RIGHTS Any Software downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Nexxus/CF.
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H. LINKS TO THIS SITE

You may establish a hypertext “link” to this site and/or distribute, modify or re-use the text or graphics of this site only after obtaining written permission from site owner allowing you to do so.
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I. LINKS TO THIRD PARTY SITES

This site contains links to sites, which are controlled by third parties. Those linked sites are not under the control of site owner and site owner is not responsible for the contents of any linked site or any link contained in a link site. Site owner is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by site owner of any linked site. Pursuant to the terms of service licensee understands that the act of clicking on a third party link is the act of leaving the site.
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J. JURISDICTION AND VENUE

This site is controlled and operated by Carolina Friends Club, Inc and its representatives from their offices in North Carolina, United States of America. They make no representation that the materials available on this site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. These provisions of this Terms of Use are to be governed and construed by North Carolina. In the event of a dispute arising out of or relating to this Terms of Use, or your use of or access to this site, litigation must be brought in state or federal court in the City of Charlotte, NC and County of Mecklenburg.
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K. NOTICES

Notices by site owner to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to site owner shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to site owner by means of electronic message must be sent tomemberservices@clubnexxus.com
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L. MEMBERSHIP – CANCELING/UPGRADING

To cancel your Carolina Friends and/or Club Nexxus Membership/Account, you may either login to Club Nexxus and go to the “My Account” page to select the “Cancel My Account”, click here to go to our account look up page to enter your account information and cancel your account, or email us at memberservices@clubnexxus.com

When a paid membership is cancelled, the cancellation will take place at the end of the service term of the existing membership. Example: A member cancels their membership by using the “Cancel My Account” link in the “My Account” section. The date they cancelled their account was May 25th, and the expiration/renewal date on their account is June 1. This member will still have access to their account until the expiration/renewal date of June 1.

For cancellations of membership levels with free trials or free memberships, cancellation of the account will be immediate when the member requests cancellation via email. Cancellations of membership levels with 30 days free which are processed using the “Cancel My Account” link in the “My Account” section are also subject to immediate cancellation. Example: A member with a 30 day free membership joins on May1. On May 15, the member sends an email asking to cancel their account. This time period is within the 30 day free period, however, the member has requested immediate cancellation.

When a membership is upgraded, the first billing will take place at the end of the service term of the existing membership. Example: A Standard member upgrades to the Deluxe membership level. The rebill date on the account is June 1. The amount billed on June 1 will be for the Deluxe membership level.

For upgrades of membership levels with 30 days free, billing for upgrades will be immediate. Example: A Premium member with a 30 day free membership joins on May1 and upgrades to Deluxe on May 15. This time period is within the 30 day free period. The member will be billed for the Deluxe upgrade upon approval of the chosen payment method, not on June 1.
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M. MEMBERSHIP – MAILED APPLICATIONS

When a membership application is received by Mail or Fax, the member is giving their permission for the method of payment included with the application to be billed monthly or yearly (based on the membership option chosen). Membership fees will be billed each month or year to the method of payment included with the application unless special arrangements have been made.
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