Terms and conditions

Last Updated: January 26, 2025

These Terms & Conditions ("Terms") govern your access to and use of the websites, services, and platforms (collectively, the "Services") operated by SC The Boiling Room SRL (the "Company," "we," "us," or "our"), including but not limited to www.swingersplay.com, www.kinkdome.com, and any affiliated or partner sites in our network (the "Network Sites"). By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree, you must not use or access the Services.

1. Legal Jurisdiction & Governing Law

1. Romanian Incorporation: SC The Boiling Room SRL is incorporated under the laws of Romania.
2. Global Application: We intend these Terms to apply worldwide, including all U.S. states, U.S. federal law, the EU, and any other jurisdictions in which our Services are offered or accessed.
3. Governing Law: To the maximum extent permitted by law, any disputes arising from these Terms or your use of the Services shall be governed by Romanian law, and you expressly agree to submit to the jurisdiction of Romanian courts. If any other mandatory local or federal law applies (e.g., certain U.S. states), this shall not waive any protections, disclaimers, or limitations we assert herein to the fullest extent allowable.

2. Eligibility & Adult Content

1. Age Requirement: You must be at least 18 years old (or the age of majority in your jurisdiction if higher) to use the Services.
2. Adult Material: The Services may include adult or sexually explicit content. By accessing the Services, you confirm that such content is lawful for you to view in your jurisdiction and that you will not permit any minor to access such material.
3. Content Responsibility: You acknowledge and agree that you alone are responsible for all content (including text, photos, and videos) you upload or post through the Services.

3. User Accounts & Network-Wide Profile Sharing

1. Single Sign-On: When you create an account on any of our websites, your profile (including any content you upload) may automatically appear on all our Network Sites. You explicitly consent to this immediate, network-wide sharing of your profile.
2. Account Security: You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.
3. Data Deletion & Modification: We reserve the right to delete, modify, or remove any user data at any time, for any reason, without prior notification or approval from you.

4. Content Upload & User Conduct

1. User Responsibility: You represent and warrant that any content you post:
   • Does not violate any law (federal, state, or local, including U.S. states, U.S. federal law, EU regulations, or any other applicable jurisdiction).
   • Does not infringe upon any intellectual property rights or privacy rights of third parties.
   • Is lawful adult content involving only persons above the age of 18 (or the local age of majority).
2. Prohibited Content: You must not post material that is defamatory, hateful, harassing, obscene, or otherwise illegal under applicable law.
3. Monitoring & Enforcement: We do not undertake any obligation to pre-screen or moderate user content but may remove or modify user content at our sole discretion.

5. Paid Services (VIP Membership)

1. Free vs. Paid: Certain features or functionalities may be available for free, while others require a paid "VIP Membership." The details of subscription fees and billing intervals are presented at the time of purchase.
2. Automatic Renewals: Unless otherwise stated, all paid subscriptions automatically renew. You may cancel at any time, but no refunds are provided for the current billing cycle unless required by applicable law.
3. Price Changes: We may change fees at our discretion. By continuing to use or renew paid Services, you accept any modified fee structure.

6. Broad Data Sharing & Disclosure

1. Sharing with Partner Sites & Advertisers: By using our Services, you explicitly grant us permission to share any and all data you provide (including personal data, content, usage data, etc.) with our Network Sites, affiliated partners, advertisers, and other third parties, to the maximum extent permissible by applicable law.
2. Sharing with Authorities: You consent to our disclosure of your data to local, federal, or international authorities, law enforcement, or governmental agencies if we, in our sole discretion, believe it is necessary or legally required.
3. No Consent Required: You agree that we do not require your separate or additional consent to share or disclose your data in any of the aforementioned ways.

7. Disclaimers & Waiver of Liability

To the fullest extent permitted by applicable law (including all U.S. states and territories, U.S. federal law, EU law, and any other jurisdiction):

1. Services Provided "As Is": The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied.
2. User Content: We assume no responsibility for user-generated content, its legality, or any third-party claims arising from it.
3. No Liability for Damages: Under no circumstances shall SC The Boiling Room SRL, its owners, employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use (or inability to use) the Services. This includes, but is not limited to, personal injury, defamation, copyright infringement, data breaches, financial losses, or any harm whatsoever.
4. Exclusive Remedy: Your sole and exclusive remedy for dissatisfaction with the Services is to stop using them and cancel any paid subscriptions.
5. User's Waiver: By using the Services, you irrevocably waive any right to claim damages or seek any legal remedy from us, whether in contract, tort, equity, or otherwise, in all jurisdictions around the world.

8. Indemnification

You agree to defend, indemnify, and hold harmless SC The Boiling Room SRL, its owners, officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorney fees) arising out of or connected to:

• Your use or misuse of the Services.
• Any content you upload or share.
• Your violation of these Terms or any law, regulation, or third-party right.

9. Dispute Resolution & No Class Actions

1. Governing Law & Venue: Any dispute relating to these Terms or the Services shall be governed by Romanian law, and you submit to the exclusive jurisdiction of Romanian courts.
2. No Class Actions: All claims must be brought individually, and no user may participate in a class or representative action against us.

10. Termination

1. By Us: We may suspend or terminate your account or access to the Services at any time, with or without notice, for any or no reason.
2. By You: You may terminate your account at any time by ceasing to use the Services. Upon termination, all provisions of these Terms which by their nature should survive, will survive (e.g., disclaimers, liability limitations, indemnification).

11. Changes to These Terms

We may update these Terms at any time. We will post any revisions here, and your continued use of the Services after such updates become effective indicates acceptance of the modified Terms. The "Last Updated" date at the top indicates the most recent revision date.

12. Severability & Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Services.