Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Spicy Swap website ("Website," "Platform," or "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), along with our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of this Website and any services provided herein.

These Terms constitute a legally binding agreement between you ("User," "Member," or "you") and Spicy Swap, its owners, operators, employees, agents, affiliates, and assigns ("Spicy Swap," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Website following any changes constitutes acceptance of those changes.

2. Age Requirement and Eligibility

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS OR USE THIS WEBSITE. By using this Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. In jurisdictions where the age of majority is higher than 18, you must meet the age of majority requirement for your jurisdiction.

This Website contains adult content intended solely for consenting adults. If you are under 18 years of age (or the age of majority in your jurisdiction), you are strictly prohibited from accessing, viewing, or using this Website in any manner.

We reserve the right to verify your age at any time and to terminate your account immediately if we determine or reasonably suspect that you are under the required age.

3. Account Registration and Security

To access certain features of the Website, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Spicy Swap will not be liable for any loss or damage arising from your failure to protect your account information.

4. User Conduct and Prohibited Activities

You agree NOT to use the Website to:

• Upload, post, or transmit any content depicting minors (persons under 18 years of age) in any context
• Engage in any illegal activity or solicit others to participate in illegal activities
• Harass, abuse, threaten, stalk, or otherwise violate the legal rights of others
• Upload or transmit viruses, malware, or other malicious code
• Impersonate any person or entity or falsely state or misrepresent your identity
• Engage in commercial activities without our prior written consent
• Collect or harvest personal information about other users
• Interfere with or disrupt the Website or servers connected to the Website
• Violate any applicable local, state, national, or international law
• Post content that is defamatory, obscene, or promotes violence or discrimination
• Engage in prostitution, human trafficking, or any form of sexual exploitation
• Create multiple accounts for deceptive purposes

CHILD SAFETY: Any content depicting minors is strictly prohibited and will be immediately reported to the National Center for Missing & Exploited Children (NCMEC) and appropriate law enforcement agencies. Violators will have their accounts permanently terminated and their information provided to authorities.

5. User-Generated Content

You retain ownership of any content you submit, post, or display on or through the Website ("User Content"). By submitting User Content, you grant Spicy Swap a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and Spicy Swap's business operations.

You represent and warrant that you own or have the necessary rights to submit your User Content and that your User Content does not violate the rights of any third party. All User Content is subject to review and approval by our administrators before being published on the Website.

6. Paid Memberships and Billing

Certain features of the Website require a paid membership. By purchasing a membership, you agree to pay all applicable fees as described on the Website at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

Memberships automatically renew at the end of each billing period unless canceled prior to renewal. You may cancel your membership at any time through your account settings, and you will continue to have access to paid features until the end of your current billing period.

7. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Spicy Swap disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Spicy Swap does not warrant that the Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Website or servers are free of viruses or other harmful components. Spicy Swap does not warrant or make any representations regarding the use or results of the Website in terms of accuracy, reliability, or otherwise.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPICY SWAP, ITS OWNERS, OPERATORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER SPICY SWAP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF SPICY SWAP, ITS OWNERS, OPERATORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, OR SERVICE PROVIDERS EXCEED THE AMOUNT YOU HAVE PAID TO SPICY SWAP IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if Spicy Swap has been advised of the possibility of such damages.

9. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. You understand that the Website facilitates connections between adults and that Spicy Swap does not conduct criminal background checks, verify the identity of users, or screen users in any way beyond basic account verification.

You assume all risks associated with interacting with other users, including but not limited to risks of physical harm, emotional distress, property damage, sexually transmitted infections, pregnancy, or any other consequences arising from your interactions with other users, whether online or in person.

SPICY SWAP, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, INJURIES, HARM, OR LOSSES OF ANY KIND ARISING FROM OR RELATED TO:

• Any interactions, communications, or meetings between users
• The conduct of any user, whether online or offline
• Any content posted by users on the Website
• Any misrepresentation of identity, age, or intentions by any user
• Any criminal activity, harassment, assault, or other harmful conduct by any user
• Any sexually transmitted infections or health conditions
• Any emotional distress, embarrassment, or reputational harm
• Any property damage or financial loss
• Any other consequence of using the Website or interacting with other users

10. Indemnification

You agree to defend, indemnify, and hold harmless Spicy Swap, its owners, operators, directors, officers, employees, agents, affiliates, partners, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or related to:

• Your use of and access to the Website
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your User Content
• Any interactions between you and other users
• Any claims made by third parties arising from your conduct

11. Release of Claims

BY USING THIS WEBSITE, YOU HEREBY RELEASE AND FOREVER DISCHARGE SPICY SWAP, ITS OWNERS, OPERATORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OF ACTION, OR CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY INTERACTIONS WITH OTHER USERS.

You expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code (or any similar law in any other jurisdiction), which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware.

14. Termination

Spicy Swap reserves the right to terminate or suspend your account and access to the Website at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by Spicy Swap on the Website, constitute the entire agreement between you and Spicy Swap concerning the use of the Website and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

17. Contact Information

If you have any questions about these Terms, please contact us through our Contact Page.