Swingers Sphere™ Registration

SWINGERS SPHERE — TERMS OF USE AND MEMBERSHIP AGREEMENT

Swingers Sphere — Terms of Use and Membership Agreement

Effective Date: April 3, 2026

1. DEFINITIONS

As used throughout this Agreement, the following terms shall have the meanings set forth below. Defined terms are capitalized when used in their defined sense. “Agreement” means these Terms of Use and Membership Agreement, together with all incorporated documents including the Privacy Policy, Cookie Policy, Non-Disclosure Agreement, and Accidental Waiver and Release of Liability, all of which are incorporated herein by reference and form a single integrated contract.“Company,” “we,” “us,” or “our” means Bilderberg Digital LLC, the legal operator of the Swingers Sphere platform. “Event” means any gathering, experience, or activity hosted, administered, coordinated, or facilitated by Swingers Sphere or its designated event partner, Fusex Social Club LLC. “Incident” means each separate and independent act of misuse, disclosure, outing, violation, or breach giving rise to enforcement rights and liquidated damages under this Agreement. Each individual affected and each act of dissemination constitutes a separate Incident for purposes of calculating damages.

“Member” or “you” means any individual who has applied for, been granted, or is using access to the Services, whether as a solo applicant or as part of a couple or partnership profile. Each individual in a joint profile is a separate Member individually bound by this Agreement. 'Outing“Outing” means any direct or indirect disclosure — through words, images, recordings, metadata, screenshots, hints, insinuations, or contextual disclosures — of a Member’s or Participant’s identity, lifestyle participation, sexual orientation, relationship structure, profession, employer, location, or any information that enables a third party to identify, infer, or confirm such participation. Participant“Participant” means any individual who attends, accesses, or participates in any Event affiliated with Swingers Sphere or Fusex Social Club LLC, whether or not such individual is a registered Member of the platform. 'Platform” means the Swingers Sphere website, mobile application, and all associated digital infrastructure, tools, features, and communications systems.

“Services” means the Platform, all features and functionalities offered through it, affiliated Events, and all related communications and support provided by the Company.“Swingers Sphere Information” means all information learned before, during, or after any use of the Platform or attendance at any affiliated Event — whether obtained intentionally, incidentally, or inadvertently — including without limitation: member identities, likenesses, voices, personal details, lifestyle participation, event locations, logistics, communications, internal operations, and any observations, interactions, or conduct arising through participation.“Victim” means an affected individual who has suffered harm as a result of a violation of this Agreement, including harm arising from outing, privacy breach, employer misuse, or any other prohibited conduct.

About This Platform

Swingers Sphere is a private, permission-based community. The platform operates as a closed, restricted network designed to protect careers, safety, and anonymity. It is built on privacy principles aligned with Katz v. United States, 389 U.S. 347 (1967), and established expectations of privacy. Swingers Sphere is a legally structured private network where anonymity and safety are not features — they are the foundation. Unlike mainstream swinger, kink, poly, cuckold, hotwife, and public social media platforms that depend on public visibility for growth and engagement, those systems cannot evolve toward true privacy, career protection, and personal safety without fundamentally dismantling their existing model. Exposure and liability are inherent in their design and business model.

Swingers Sphere was engineered differently from the beginning. It has never been publicly accessible — not for a single day. Every individual you encounter has passed a structured vetting process, including criminal background checks and personal interviews. There are no unknown individuals, no random access, and no unverified participants.This is not an open platform — it is a controlled, accountable environment. Every member is known. Every interaction exists within a system designed to protect your safety, your privacy, your reputation, your career, and your life outside the lifestyle. It is the policy of Swingers Sphere to take legal action against any individual or organization that discloses platform information — whether intentionally or negligently — or attempts to harm any member or the organization. Privacy is not a promise; it is a legally enforceable standard. Access is a privilege, not a right. By joining, you agree to rules designed to protect privacy, careers, and personal safety. Violations are treated as legal matters, not merely community issues. These Terms are intended to allocate risk transparently within a high-privacy environment. Members are encouraged to review them carefully and to seek independent legal advice before participating.

What These Terms of Service Mean in Practice

Privacy violations carry serious legal consequences. 

Any act of outing an individual, sharing screenshots or recordings, disclosing event details, or using information obtained through the Swingers Sphere platform against a member   including use of such information in employment, media, custody, investigative, or legal contexts constitutes a material breach of these Terms. Such violations may result in immediate suspension or permanent termination of access, court-ordered injunctive relief, and financial liability to the maximum extent permitted by law. Swingers Sphere maintains a zero-tolerance policy for privacy breaches and will actively investigate and pursue all available legal remedies against any individual or entity that knowingly, recklessly, or maliciously violates these Terms.

Employers, media, and third parties are not safe harbors.

Using information obtained through Swingers Sphere in employment decisions, media projects, investigations, or reports is prohibited and may expose both organizations and individual decision-makers to legal action.

Injunctions come first

The platform will seek court orders to stop harm immediately before reputations or careers are damaged, without waiting for a lawsuit to conclude. By agreeing to become a member of Swingers Sphere, you expressly acknowledge and agree that the platform may, to the maximum extent permitted by law, initiate, prosecute, or resolve legal action on behalf of any affected member who has suffered harm as a result of a violation of this Agreement. Such actions may be brought in Swingers Sphere's own name or on a representative or assigned basis, including under pseudonymous or 'John Doe' designations where necessary to preserve privacy and confidentiality.

You further agree that the protection of member identity is a material condition of the platform and that public disclosure of such identity may constitute irreparable harm. Accordingly, Swingers Sphere may seek protective orders, sealed filings, or other appropriate legal mechanisms to safeguard anonymity. This provision is intended to enhance enforcement of member protections and does not limit any individual's right to pursue independent legal remedies. The parties acknowledge that the high-discretion nature of the platform, combined with the professional, regulatory, and reputational exposure of its members, materially increases the magnitude of foreseeable harm beyond that of ordinary consumer platforms. Notwithstanding the foregoing, total damages arising from a single course of conduct shall reflect a commercially reasonable, good-faith estimate of aggregate harm and shall not result in duplicative or excessive recovery.

Membership can end instantly

The platform will suspend or permanently revoke access for violations, with no obligation to provide prior warning and no refunds when termination is for cause. Swingers Sphere reserves the right, at its sole discretion, to deny or decline renewal of any membership, with or without cause, to maintain the integrity, safety, and standards of the platform, to the maximum extent permitted by law

You assume the risks of participation.

Social interaction and event participation are voluntary. You accept the risks involved and waive claims of negligence, where permitted by law. All obligations under these Terms of Service survive termination of membership or account closure, including, without limitation, Swingers Sphere and its non-disclosure obligations, non-disparagement obligations, cooperation requirements, indemnification duties, and enforcement provisions.

Termination, suspension, or voluntary closure of an account does not release or extinguish liability for any breach occurring before or after termination. These obligations shall survive for the maximum duration permitted by applicable law. If you are unwilling to accept these continuing obligations and consequences, you must not apply for or access the Services.

Member Warning Summary

(Display at Signup, Profile Approval, and Before Messaging)

IMPORTANT NOTICE — READ CAREFULLY

Swingers Sphere Is a Private Community

Outing Is Prohibited. Weaponization Is Forbidden. Violations Will Carry Severe Legal Consequences. Swingers Sphere is a private, invitation-only adult community built on confidentiality and consent. Many members are judges, law-enforcement officers, government employees, elected officials, and regulated professionals who participate lawfully in their private lives.

The following conduct is strictly prohibited and constitutes a material breach:

You may never:

Revealing, confirming, implying, or otherwise exposing the identity of any member, directly or indirectly, in any manner whatsoever;
Doxing, targeting, or attempting to disclose a member’s identity to any employer, governmental authority, court, regulatory body, ethics board, or licensing authority. Sharing, copying, recording, or distributing any screenshots, messages, images, profile details, or platform-derived content with any third party. Using, referencing, or introducing any platform-derived interaction or information in any complaint, investigation, administrative action, legal proceeding, or dispute. Contacting media, publishing, or otherwise disseminating any identifying or potentially identifying information regarding any member through any channel, including digital, print, or social media.

PUBLIC INTEREST & COMPELLED DISCLOSURE LIMITATION

     1. No Voluntary Public Interest Disclosure

Member acknowledges and agrees that the confidentiality obligations set forth in this Agreement apply regardless of whether any information is believed to be true, newsworthy, or of public concern. Voluntary disclosure of any Platform-derived information to the media, the public, or any third party—when not strictly required by applicable law—constitutes a material breach of this Agreement, even if such disclosure is claimed to be in the public interest.

 2. Limitation to Legally Compelled Disclosure

Disclosure of confidential information is permitted solely to the extent strictly required by a valid court order, subpoena, or binding legal obligation. Any such disclosure must be narrowly tailored and limited to the minimum information legally required.

 3. No Expansion Beyond Legal Requirement

Any disclosure exceeding what is legally compelled—including commentary, contextualization, media communication, or voluntary cooperation beyond the scope of legal compulsion—shall constitute an independent and material breach of this Agreement.

4. Duty to Notify and Mitigate

To the extent permitted by law, Member must: (a) provide prompt written notice to the Company upon receipt of any legal process requiring disclosure; and (b) cooperate with the Company in seeking protective orders, sealing orders, or other measures to limit the scope of disclosure, prior to releasing any information.

5. Lawful Reporting of Criminal Conduct 

Nothing in this Agreement prohibits Member from reporting good-faith, specific evidence of criminal conduct to appropriate law enforcement authorities. Any such disclosure must be: (a) made in good faith; (b) limited strictly to facts necessary to support the report; and (c) not used as a pretext for broader public exposure or reputational harm.

 6. Acknowledgment

Member expressly acknowledges the distinction between: (a) lawful reporting of criminal conduct to law enforcement, which is permitted under this Agreement; and (b) voluntary exposure, publication, or reputational harm pursued under the guise of 'public interest,' which is prohibited and consider malicious and actionable under this Agreement.

Government & Employer Prohibition

No information obtained through, derived from, or connected to the Swingers Sphere platform — whether directly or indirectly, intentionally or inadvertently — may be used, introduced, referenced, or relied upon for retaliatory, coercive, or opportunistic purposes in any proceeding, investigation, or dispute. Voluntary, non-compelled disclosure of platform information to any employer, organization, regulatory body, ethics board, licensing authority, governmental agency, or media entity — for the purpose of harming, coercing, disciplining, exposing, or gaining personal, professional, or legal advantage over any member or participant — constitutes a willful material breach of this Agreement, regardless of the forum, method, or timing of such disclosure.

This prohibition applies to disclosures made directly or through a third party; formally or informally; publicly or privately; and whether or not the disclosing party believes the information to be true, relevant, or in the public interest. Truth, public curiosity, moral objection, and perceived public interest are not defenses to a breach of this provision. Nothing in this section prohibits or restricts: (a) disclosure that is compelled by a valid, enforceable court order, subpoena, or warrant served directly on Swingers Sphere through lawful process; (b) disclosure expressly required by applicable law or mandatory reporting obligation; or (c) disclosure made in good faith to appropriate law enforcement authorities to report credible, specific evidence of criminal conduct — provided that such disclosure is narrowly limited to the information reasonably necessary to report the criminal conduct and does not exceed what is strictly required. Voluntary cooperation beyond what is legally compelled remains subject to this prohibition. Any member who receives legal process that would compel disclosure of platform information agrees to promptly notify Swingers Sphere in writing and to reasonably cooperate with the platform's efforts to seek protective orders, sealing, or other measures to limit the scope of required disclosure before complying.

Consequences for Violations

Violations of the prohibition above cause foreseeable, substantial, and irreparable harm — to the individual member exposed, to the platform's integrity, and to the safety and privacy expectations of every member of this community. Monetary damages alone are insufficient to remedy such harm. By accessing the platform, you have agreed to mandatory confidential arbitration for all disputes not subject to emergency injunctive relief, and you acknowledge that violations of this section may result in the following consequences, assessed per Incident and pursued to the fullest extent permitted by applicable law:

Liquidated damages of up to USD $50,000,000 per affected individual for individual outing, identity disclosure, or unauthorized exposure — reflecting foreseeable reputational, professional, emotional, and career harm that is inherently difficult to quantify at the time of breach.

Liquidated damages of up to USD $75,000,000 per Incident for governmental, institutional, or employer weaponization of platform information — reflecting the compounding, long-tail professional and constitutional harm unique to members in regulated, public, or licensed roles.

Liquidated damages of up to USD $100,000,000 per Incident for mass media exposure, repeated conduct, or coordinated disclosure — reflecting the irreversible, community-wide destabilization and permanent loss of anonymity that such conduct causes.

Immediate temporary, preliminary, and permanent injunctive and equitable relief, without the requirement of posting bond or proving actual damages, available in any court of competent jurisdiction at any time — including before, during, or without arbitration proceedings. Permanent revocation of membership and access to all affiliated platforms, events, and services, without refund or recourse.

Full indemnification of Swingers Sphere and all affected members for all resulting losses, damages, attorneys' fees, enforcement costs, and related expenses. Each act of disclosure, each affected individual, and each separate communication or transmission constitutes a distinct and independent Incident for purposes of calculating damages and pursuing remedies. The parties expressly acknowledge that actual damages resulting from violations of this section may exceed the liquidated amounts stated herein, and that these figures represent a reasonable, good-faith pre-estimate of foreseeable harm not a penalty. All remedies are cumulative, non-exclusive, and may be pursued simultaneously. No election of one remedy constitutes a waiver of any other.

Limited Exception

Only specific, credible threats of serious violent crime unrelated to lawful adult conduct may be reported. Ethics complaints, morality concerns, or reputational issues do not qualify.

Bottom Line

Swingers Sphere operates pursuant to a formally structured legal framework, under which all privacy obligations are enforceable and legally binding. If you are unwilling or unable to comply strictly and completely with every obligation in this Agreement or if you are unwilling to accept that any breach, whether intentional, reckless, or negligent, exposes you to substantial financial liability and full legal accountability — you must not access, register for, or use this platform in any capacity. There are no exceptions, no grace periods, and no partial compliance. The obligations in this Agreement are binary: you either accept them entirely or you do not join. By continuing, creating an account, or accessing any portion of the Services, you expressly, knowingly, and voluntarily acknowledge and agree that:

You have read this Agreement in its entirety, you understand its terms and their legal consequences, and you accept all obligations contained herein without reservation or qualification. Any violation of these Terms — regardless of intent, knowledge, or claimed justification — will expose you to immediate enforcement action, substantial liquidated damages, injunctive relief, permanent revocation of access, and full indemnification obligations as set forth in this Agreement.

All disputes arising out of or relating to this Agreement, the platform, or your membership shall be resolved exclusively through mandatory, confidential, and binding arbitration, subject only to the pre-arbitration escalation requirements and the emergency injunctive relief provisions expressly set forth herein. You are legally bound by this Agreement to the fullest extent permitted by applicable law, and your continued access to or use of the platform constitutes your ongoing affirmation of that binding obligation. Your acceptance of these Terms is knowing, voluntary, and unequivocal. You were given the opportunity to review this Agreement before proceeding. You had the opportunity to seek independent legal advice. You chose to continue. That choice is your agreement.

MEDIA CONFIDENTIALITY, AUTHENTICATION & NON-DISCLOSURE FRAMEWORK

SECTION A — MEMBER CONFIDENTIALITY & MEDIA PROHIBITION

Members expressly acknowledge that all information derived from participation in Swingers Sphere — including without limitation member identities, platform interactions, communications, profile content, and affiliated events — is strictly confidential and constitutes protected private information owned exclusively by Bilderberg Digital LLC.

No Member is authorized, under any circumstances, to disclose, provide, transmit, or otherwise make available such information to any media entity, journalist, blogger, publisher, broadcaster, or third party for purposes of publication, broadcast, dissemination, or distribution — whether compensated or uncompensated, whether on the record, off the record, on background, or not for attribution, and regardless of the intended or actual purpose of such disclosure. This prohibition applies to all forms of communication including without limitation written, oral, electronic, digital, and indirect disclosures made through intermediaries, agents, or third parties acting on a Member's behalf.

Any such disclosure — whether direct or indirect, intentional or negligent — shall constitute a material breach of this Agreement and shall subject the Member to all available remedies, including immediate injunctive relief, permanent revocation of membership, and liquidated damages to the maximum extent permitted by law. This obligation applies equally to current Members, former Members, and any individual whose membership was suspended, revoked, or voluntarily terminated, for the maximum duration permitted by applicable law. Termination of membership does not extinguish any obligation arising under this Section. Swingers Sphere expressly reserves the right to pursue all lawful remedies against any current or former Member, or any third party, who knowingly and unlawfully obtains, solicits, induces, receives, or exploits confidential platform-derived information through inducement, misappropriation, tortious interference, or any other actionable conduct, to the fullest extent permitted by applicable law.

SECTION B — PROPRIETARY WATERMARKING & AUTHENTICATION PROTOCOLS

All platform communications, profiles, images, videos, and content served through the Swingers Sphere platform are subject to proprietary digital watermarking and authentication protocols, including without limitation invisible steganographic identifiers, dynamic session-linked overlays, and device fingerprinting technologies embedded at the point of delivery.

Each piece of content served is cryptographically linked to the specific Member account, session identifier, timestamp, and device through which it was accessed or viewed. This linkage is maintained in Swingers Sphere's secure audit systems and constitutes admissible forensic evidence of the identity of any Member who captured, downloaded, transmitted, or distributed platform content without authorization.

Any screenshot, image, video, communication, or content purportedly originating from the Swingers Sphere platform that is distributed without Swingers Sphere's written authorization:

May be subject to forensic authentication analysis to identify the source Member account.
Should be presumed altered, fabricated, manipulated, or taken out of context absent written verification from Bilderberg Digital LLC;
Carries no authenticity or accuracy warranty of any kind from Swingers Sphere; and
May expose the distributing party to immediate legal action including injunctive relief and liquidated damages.

Swingers Sphere expressly disclaims the authenticity of any platform-derived content distributed without its prior written authorization. The existence of watermarking and authentication technologies does not limit any other remedy available to Swingers Sphere or affected Members under this Agreement or applicable law.

SECTION C — NO AUTHENTICATION EQUALS NO CONSENT FRAMEWORK

Swingers Sphere has never granted, and hereby expressly withholds, consent for any media entity, journalist, blogger, broadcaster, publisher, or third party to obtain, publish, broadcast, or disseminate any information derived from or related to the Swingers Sphere platform, its Members, affiliated events, or operations.

Publication of any information purportedly related to Swingers Sphere, its Members, events, or operations, without prior written authentication from Bilderberg Digital LLC, constitutes:

(a) Publication of unverified claims concerning identifiable private individuals who retain full privacy rights and the lower negligence standard for defamation liability applicable to private figures under governing law;

(b) Reckless disregard for the truth or falsity of such information, given the existence of this publicly available verification framework and the impossibility of independent authentication absent Swingers Sphere's cooperation;

(c) Constructive notice of potential tortious interference with the confidentiality obligations binding all current and former Members of this platform; and

(d) Conduct for which Swingers Sphere and all affected Members expressly reserve all available legal remedies to the fullest extent permitted by applicable law, including without limitation claims for defamation, invasion of privacy, misappropriation of private facts, tortious interference with contractual relations, and trade secret misappropriation under the Defend Trade Secrets Act, 18 U.S.C. § 1836. Swingers Sphere expressly withholds authentication, verification, and consent for any such publication absent its prior written authorization.

SECTION D — FORMAL MEDIA VERIFICATION PROCESS

Swingers Sphere has established a formal verification process for all media inquiries. Any journalist, blogger, broadcaster, media entity, or publisher seeking to publish, broadcast, or disseminate content referencing Swingers Sphere, its members, affiliated events, or operations is required to submit a written verification request to:

legal@swingerssphere.com

at least 72 hours before intended publication or broadcast. Swingers Sphere will respond within that period to confirm, deny, correct, or decline to comment on specific claims. Media entities and individuals that publish or broadcast claims about Swingers Sphere, its Members, or affiliated events without completing this verification process do so:

Without any verification, authentication, authorization, or consent from the platform or its Members;
With full knowledge that all platform Members are private individuals who have not voluntarily injected themselves into any public controversy and retain the full protections afforded to private figures under applicable defamation and privacy law;
With awareness that the source of any such information may be a party in material breach of binding contractual confidentiality obligations; and
Bearing full editorial and legal responsibility for the accuracy, verifiability, and lawfulness of all claims as they relate to private individuals.

Bypassing this verification process is relevant to, though not solely determinative of, questions of care, diligence, and reckless disregard under applicable defamation and privacy law standards.

SECTION E — PRIVATE FIGURE DECLARATION

All Members of Swingers Sphere are private individuals who have not voluntarily injected themselves into any public controversy by virtue of their participation in this platform. Membership in a private, access-restricted adult community does not constitute a voluntary entry into public life, a waiver of private figure status, or a reduction of any privacy right under applicable law.

No Member's participation in Swingers Sphere or any affiliated event shall be construed as:

A voluntary submission to public scrutiny.
A waiver of private figure protections under defamation law.
A consent to publication of their identity, likeness, or participation; or
A reduction of any reasonable expectation of privacy recognized under Katz v. United States, 389 U.S. 347 (1967), or applicable state law.

Any media entity publishing information about a Swingers Sphere Member does so with full awareness that such Member is a private individual entitled to the full protections of applicable privacy and defamation law.

SECTION F — TRADE SECRET DESIGNATION

The platform operations, technologies, membership structures, screening and vetting methodologies, event logistics, community architecture, security protocols, authentication systems, and engagement frameworks of Swingers Sphere constitute proprietary trade secrets of Bilderberg Digital LLC, protected under the Defend Trade Secrets Act, 18 U.S.C. § 1836, and applicable state trade secret law.

Bilderberg Digital LLC takes reasonable measures to maintain the secrecy of this information, including without limitation access controls, biometric verification, confidentiality agreements, encryption, and watermarking technologies. Unauthorized acquisition, disclosure, or use of such information — including receipt of misappropriated trade secrets from a Member in breach of their confidentiality obligations — may constitute federal and state trade secret misappropriation, exposing the receiving party to civil liability and, in cases of willful and malicious misappropriation, exemplary damages and attorneys' fees under 18 U.S.C. § 1836(b)(3).

SECTION G — CONSTRUCTIVE NOTICE TO ALL PARTIES

This Media Confidentiality, Authentication & Non-Disclosure Framework is published publicly on the Swingers Sphere platform and website. All media entities, journalists, bloggers, broadcasters, publishers, and third parties are deemed to have constructive notice of its contents.

Ignorance of this Framework does not constitute a defense to any claim arising from publication of platform-derived information without authorization. Any party that receives platform-derived information from any source is on constructive notice that such information may be subject to binding confidentiality obligations and that its publication may give rise to legal liability.

SURVIVAL

All obligations, restrictions, and rights set forth in this Framework survive termination of membership, account deletion, cessation of platform use, and the expiration or termination of this Agreement, to the maximum duration permitted by applicable law.

Liquidated Damages–Compliant Framework

1. Acknowledgment of Difficulty of Estimation

The parties expressly acknowledge and agree that damages arising from unauthorized disclosure, privacy breaches, identity exposure, reputational harm, and misuse of Swingers Sphere Information are inherently uncertain, difficult, and, in many cases, impossible to quantify with precision at the time of contracting. Such harm may include, without limitation, loss of anonymity, reputational injury, professional consequences, emotional distress, loss of member trust, platform destabilization, and associated legal exposure.

2. Reasonable Pre-Estimate of Anticipated Harm

Accordingly, the parties agree that the liquidated damages set forth in this Agreement are intended to represent a reasonable, good-faith pre-estimate of anticipated harm at the time of contracting, based on the nature, scope, and foreseeable cascading impact of a breach within a high-discretion, privacy-dependent environment. The parties expressly agree that such amounts are compensatory in nature and are not intended as a penalty.

3. Assessment Criteria (Proportionality Framework)

Any liquidated damages shall be assessed in good faith, in a commercially reasonable manner, and proportionately based on the totality of the circumstances, including, without limitation:

The sensitivity and nature of the information disclosed or misused;
The scope, method, and duration of the exposure or dissemination;
The number of individuals reasonably affected or placed at risk;
The extent of actual or reasonably foreseeable reputational, professional, or economic harm;
Whether the conduct was intentional, reckless, negligent, or repeated; and
The degree to which the conduct impacted platform integrity, member trust, or operational viability.

4. Aggregate Cap & Anti-Stacking Safeguard

All liquidated damages shall be subject to a commercially reasonable aggregate cap per Incident, and shall be determined in a manner that reflects a reasonable estimate of total harm arising from the underlying conduct. Liquidated damages shall not be applied in a manner that results in duplicative recovery for the same underlying conduct, even where multiple provisions of this Agreement are implicated.

5. Reduction, Not Invalidation

If any liquidated damages amount is determined by a court or arbitrator of competent jurisdiction to be excessive, unenforceable, or inconsistent with applicable law, such amount shall be reduced to the maximum lawful and enforceable amount rather than invalidated in its entirety.

6. No Limitation on Equitable Relief

The parties agree that breaches of privacy and confidentiality obligations may result in irreparable harm for which monetary damages alone are inadequate. Accordingly, Swingers Sphere and/or any affected individual shall be entitled to seek immediate injunctive or equitable relief, without the requirement of posting bond, in addition to any liquidated damages.

7. Non-Exclusivity of Remedies

Liquidated damages are cumulative of, and not exclusive of, any other remedies available at law or in equity, including indemnification, injunctive relief, and recovery of reasonable attorneys’ fees, to the extent permitted by applicable law.

8. No Waiver of Statutory Rights

Nothing in this section is intended to waive or limit any non-waivable statutory rights or remedies available under applicable law.

9. Cascading Harm Acknowledgment

The parties further acknowledge that breaches involving identity exposure, reputational harm, or misuse of confidential information in a private, reputation-sensitive community may result in cascading, compounding, and irreversible harm that extends beyond the immediately affected individual, including harm to professional standing, regulatory exposure, and the viability of the platform itself.

Probable Cause Accuracy & Indemnification

Any individual or entity submitting a request, notice, or demand to the Company based on probable cause, exigent circumstances, emergency conditions, or similar representations hereby certifies under penalty of contract that all statements, representations, and supporting information provided are true, accurate, complete, and not misleading at the time made.

Any knowing, reckless, or materially false statement or omission shall constitute a material breach and may, to the fullest extent permitted by law, result in:

Contractual remedies;

Indemnification of the Company for all resulting losses, costs, claims, damages, and expenses (including reasonable attorneys’ fees); and

Any other lawful relief available in equity or at law.

Commercial Use, Spam & Investigative Access

The Services are provided solely for personal, non-commercial, and lawful use. Any commercial, competitive, promotional, investigative, intelligence-gathering, monitoring, surveillance, research, or data-harvesting activity, whether direct or indirect, automated or manual, without the Company’s prior written authorization, constitutes a material breach of this Agreement.

·        Such breach may result in, without limitation:

·        Immediate suspension or termination of access;

·        Injunctive and equitable relief without the requirement of posting bond; and

·        Recovery of all lawful damages and remedies available under applicable law.

Core Community Principles

Swingers Sphere is committed to maintaining a community in which members feel safe, respected, and confident that their privacy is protected. We pursue this objective through multiple safeguards, including, but not limited to, the following:

Swingers Sphere Operations

All staff, administrators, moderators, and membership committee participants are rigorously vetted and bound by strict non-disclosure obligations. Except as you voluntarily choose to share through your own actions or activity within the Services (as defined below), your personal information, interests, and participation remain strictly confidential between you and Swingers Sphere, subject only to lawful disclosures required by applicable law.

Selective Membership & Ongoing Review

The platform is not publicly accessible and is not available to the general population. Membership is intentionally selective. We admit only individuals whom we reasonably believe will have a high probability of matching with our current members and who will comply with our Code of Conduct and these Terms of Use, including strict respect for member privacy.

Membership is continuously reviewed, and Swingers Sphere reserves the right to suspend or permanently remove any member who violates these Terms, the Code of Conduct, or who engages in behavior that is disrespectful, inappropriate, unsafe, deceptive, or otherwise inconsistent with community standards. Participation in Swingers Sphere is a privilege, not a right. Continued access is conditioned on ongoing compliance with these Terms of Use and all incorporated policies. Swingers Sphere reserves the sole and absolute right, at its discretion, to decline, defer, or refrain from renewing any membership.

Application and Registration Process

In order to gain access to the website and web application, prospective members are required to complete a brief application, upload a government-issued identification, undergo facial biometric matching against that identification, and successfully pass a comprehensive criminal background check and interview process. All applications are reviewed; however, Swingers Sphere reserves complete discretion over whether membership is granted.

Among the factors considered by the membership committee are an applicant's connection to existing members, education, professional background, aesthetic, lifestyle experience, reputation, and demonstrated ability to meet membership commitments. We value critical thinkers. The Swingers Sphere community is not suitable for individuals who willfully expose themselves on public sites and applications, or for individuals who are unable to meet ongoing subscription obligations. We have found that established real-world connections within the community are among the strongest indicators of positive engagement and overall experience on the platform. Applicants who are not granted immediate access may be placed on a waitlist, which is continually reviewed by a dedicated team as additional membership opportunities become available.

By submitting an application, you expressly consent to receiving emails and text messages from Swingers Sphere regarding, among other things, the status of your application, notifications, event invitations, event promotions, and all other matters related to the platform.To activate a membership or access certain features of the Service, you must register with Swingers Sphere and provide specific information. You agree to provide and continuously maintain true, accurate, current, and complete information as requested during the registration process. Registration data and other personal information are governed by our Privacy Policy.

Upon acceptance as a member, you will be required to select a subscription option from among the available pricing tiers and durations. Subscription payments automatically renew unless canceled in accordance with the applicable billing terms. Swingers Sphere reserves the right to modify subscription fees at any time. All payments are processed through third-party payment providers. Swingers Sphere does not store or have access to your payment information. Except as expressly stated in these Terms of Use or required by law, all payments are non-refundable. Any unused portion of a subscription will not be refunded upon expiration or termination of membership.

Upon joining the Service, you are responsible for maintaining your Swingers Sphere account credentials and for all activity conducted under your account. You agree to:

(a) immediately notify Swingers Sphere of any unauthorized use of your account or any security breach;
(b) keep all account information accurate and up to date;
(c) log out of your account at the end of each session; and
(d) implement reasonable security safeguards on any device used to access the Service.

To the fullest extent permitted by law, Swingers Sphere shall not be liable for any loss, injury, or damage arising from your failure to comply with this section.

Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Member”) and Swingers Sphere, operated by Bilderberg Digital LLC (“Company,” “we,” or “us”).

By accessing, browsing, registering for, or using any portion of the Swingers Sphere website, mobile application, services, or affiliated events (collectively, the “Services”), you represent, warrant, and agree that:

• You are at least eighteen (18) years of age;
• You have reached the legal age of majority in your jurisdiction;
• You possess the legal capacity to enter into a binding contract;
• You have read, understood, and voluntarily agree to be legally bound by these Terms; and
• If you do not agree, you must not access or use the Services. Access is void where prohibited by law.

Couples — Individual Responsibility and Joint Application of Terms

If you register, participate, or access the Services as part of a couple, partnership, or joint profile, each individual is deemed a separate member and is independently and fully bound by these Terms of Service, the Privacy Policy, and all incorporated agreements.

All rights, obligations, representations, waivers, restrictions, liabilities, and remedies apply separately and individually to each person, regardless of which individual created, manages, or primarily uses the account.

Any breach by one individual shall be treated as a breach by that individual and may result in enforcement actions affecting both individuals and any associated accounts, to the maximum extent permitted by law. Participation as a couple, partnership, or joint account does not create collective immunity or limit individual responsibility. Each person agrees that they may be held individually and jointly responsible for compliance with these Terms, and that no individual may rely on another person's actions, consent, or account management to avoid liability.

2. Modification of Terms

The Company may modify these Terms at any time by posting updated Terms on the Services.

• Changes are effective upon posting;
• Continued use constitutes acceptance of the revised Terms; and
• If you do not agree to a modification, your sole remedy is to discontinue use of the Services.

3. Service Overview & Private Network Status

Swingers Sphere is a private, membership-restricted platform designed for consenting adults engaging in ethical non-monogamy within a closed and controlled environment.

While no private platform can guarantee absolute confidentiality or immunity from lawful legal process, Swingers Sphere employs access controls, verification procedures, image cloaking technology, confidentiality safeguards, and governance practices that exceed industry standards. The Services operate within a private context and are not public social networks or open dating platforms. Swingers Sphere partners with Fusex Social Club LLC as its designated event host. Attendance at any affiliated event constitutes acceptance of these Terms.

Authority to Act on Behalf of Victims

By accessing or using the Swingers Sphere platform, you expressly acknowledge, consent, and agree that, to preserve safety and privacy, Swingers Sphere may — where legally permissible may initiate, support, or participate in civil actions on behalf of identified victims under a pseudonym, sealed filing, or other lawful protective procedure. You further agree and understand that this authority is exercised solely to protect victims, witnesses, and non-initiating parties from retaliation, exposure, or harm, and that such actions may be undertaken without public disclosure of identities where permitted by law.

You expressly acknowledge and agree that:

·        This authority does not create a legal duty or obligation for Swingers Sphere to initiate or support any action.

·        The decision to act or not act remains within Swingers Sphere's sole and lawful discretion; and

·        Nothing in this provision limits a court's authority or interferes with applicable statutory rights.

·        You agree that this provision is a material condition of membership and access to the platform.

Violent Conduct, Extremism, and Community Safety Exclusion

Swingers Sphere is a private, safety-screened community. Membership and continued access are conditioned solely on conduct and risk profile, without regard to status, profession, ideology, or viewpoint.

The platform reserves the right to deny, suspend, or permanently revoke access to any individual who, based on lawful screening, credible evidence, or final adjudication, is reasonably determined to present a material risk to the safety, stability, or integrity of the community. Such determinations are made in the platform's sole discretion and are not subject to appeal.

This includes, without limitation, individuals who have

Been convicted of any violent offense, including assault or battery resulting in bodily injury;

Been convicted of narcotics distribution, human trafficking, or any related exploitation offense;

Been convicted of any crime of dishonesty;

Been convicted of assault on a law enforcement officer or any offense involving intentional bodily injury to a law enforcement officer;

Been convicted of any domestic violence offense, whether classified as a misdemeanor or felony;

Been convicted of any offense involving terrorism, insurrection, seditious conspiracy under 18 U.S.C. § 2384, or advocacy of the violent overthrow of government under 18 U.S.C. § 2385;

Engaged in credible threats of violence, harassment, or intimidation directed toward any person; or

Demonstrated conduct reasonably assessed as posing a material risk to the safety, security, or integrity of members, staff, venues, or events.

Swingers Sphere does not make determinations of criminal guilt beyond lawful adjudications. All access decisions are administrative and preventive, made solely for risk mitigation and community safety, and do not constitute punishment.

Screening determinations are final, discretionary, and non-appealable. Denial or revocation of access does not constitute defamation, retaliation, or a statement regarding an individual's character, beliefs, or legal status.

Nothing in this policy is based on political beliefs, employment, government affiliation, or viewpoint. Decisions are made exclusively to protect participant safety and preserve the private nature of the community.

AI-Generated, Altered, or Misrepresented Media Prohibition (Authenticity Requirement)

Swingers Sphere is a private, trust-based community that requires authentic representation by all members. You expressly acknowledge and agree that the accuracy and authenticity of identity and media are material conditions of access to the Services.

You are strictly prohibited from uploading, posting, transmitting, or otherwise using any profile photo, video, audio, or visual media that is:

Generated, modified, enhanced, or altered using artificial intelligence, machine learning, deep-fake technology, synthetic media tools, face-swapping software, filters, or similar technologies.

Digitally manipulated in any manner that misrepresents your identity, appearance, age, gender, body, facial features, or biometric characteristics.

Stock imagery, third-party content, or content depicting any person other than yourself; or

Intended to deceive, mislead, or obscure your real-world identity, whether in whole or in part.

This prohibition applies regardless of intent, including use for perceived privacy, aesthetic preference, anonymity, or experimentation purposes.

Certification & Ongoing Obligation

·        By uploading or maintaining any media on the platform, you affirm, represent, and warrant that:

·        All submitted media depicts your true, current, and unaltered likeness.

·        No AI-generated, AI-assisted, or materially altered content has been submitted or used; and

·        You will promptly update or remove any media that no longer accurately reflects your current appearance or identity.

·        This obligation is continuous and survives account creation, verification, and ongoing use of the Services.

Mandatory Enforcement & Account Termination

Any violation of this section constitutes a material breach of this Agreement and shall result in immediate account suspension or permanent termination, at the Company’s sole discretion, without refund, notice, or reinstatement.

Termination under this section may include, without limitation:

Permanent revocation of account access;

Invalidation of identity verification and membership status;

Removal from all community features, events, and services; and

Blacklisting from future applications or re-registration.

Additional Remedies & Liability

In addition to termination, Swingers Sphere reserves the right to pursue, to the fullest extent permitted by law:

Indemnification for all resulting losses, damages, claims, and expenses, including reasonable attorneys' fees;

Injunctive or equitable relief; and

Any other lawful remedies available at law or in equity.

Swingers Sphere may employ automated, biometric, behavioral, and human review mechanisms to detect AI-generated or manipulated media and is under no obligation to disclose its detection methods.

Biometric Identification, Facial Scanning & Background Check Consent Disclosure

Swingers Sphere is a private, safety-focused community that requires identity verification to protect members and maintain trust. As a condition of access, you expressly acknowledge, understand, and consent to the following:

Swingers Sphere utilizes biometric facial scanning and facial recognition-based identity verification technologies solely for the purposes of: Verifying that you are the individual associated with the submitted government-issued identification.

Age verification; preventing identity fraud, impersonation, and account misuse; and

Facilitating criminal background screening.

By proceeding, you voluntarily and expressly consent to:

The collection, processing, and use of biometric identifiers and biometric information, including facial geometry and facial scan data, solely for identity verification, fraud prevention, and safety screening purposes;

The comparison of live facial imagery, including selfie or liveness scans, against submitted identification documents and verification records; and

The use of authorized third-party service providers to perform identity verification and criminal background checks, subject to applicable privacy and data-protection obligations. Please note that criminal background checks and payment processing are fully isolated and will never be linked to your Swingers Sphere profile or membership identity.

Acknowledgments & Limitations

You expressly acknowledge and agree that:

Submission of biometric data is mandatory for access to the Services.

Refusal to provide biometric consent or required verification data will result in denial of access or account termination;

Biometric data will never be used for marketing, advertising, profiling, or public identification, under any circumstances.

Criminal background checks are conducted only to the extent permitted by applicable law and may be limited by jurisdiction, data availability, or legal restrictions; and Successful verification does not constitute a guarantee of any individual’s conduct, safety, or future behavior. Membership approval is never guaranteed and is granted solely at the discretion of Swingers Sphere based on a comprehensive evaluation of eligibility, suitability, and alignment with community standards.

Data Handling & Retention

Swingers Sphere implements reasonable administrative, technical, and organizational safeguards to protect biometric and verification data. Such data is retained only for as long as reasonably necessary to fulfill verification, legal, and safety purposes, unless a longer retention period is required or permitted by law. Access to such data is strictly limited to authorized personnel within the organization on a need-to-know basis. Swingers Sphere does not sell, share, or otherwise disclose member data to any third party, except as expressly required by applicable law, valid legal process, or as necessary to perform identity verification and background screening through authorized service providers operating under written data-protection agreements.

Swingers Sphere may retain certain data for extended or indefinite periods when necessary for potential legal claims, dispute resolution, or enforcement of its Terms. This includes situations where such data may be required in connection with allegations of privacy violations, including the unauthorized disclosure of member information. Retained data may be used solely for legitimate legal and compliance purposes.

Legal Consent & Binding Effect

By continuing, you confirm that:

You have read and understood this disclosure.

You knowingly and voluntarily provide affirmative consent to biometric facial scanning, identity verification, and background screening; and

You agree to be legally bound by this consent as part of the Terms of Service and Membership Agreement.

State Biometric Privacy Law Compliance

Swingers Sphere collects and processes biometric data in compliance with applicable state biometric privacy laws, including but not limited to the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (“BIPA”), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001 et seq.) (“CUBI”), and the Washington My Health MY Data Act, to the extent applicable based on member residency and the nature of data collected.

Specifically, and to the extent required by applicable law: (a) biometric identifiers and biometric information will not be sold, leased, traded, or otherwise profited from; (b) biometric data will not be disclosed or disseminated to any third party without your written consent or as required by applicable law; (c) biometric data will be retained only for as long as necessary to fulfill the purposes described herein, or as required or permitted by law, and will be permanently destroyed thereafter using reasonable, industry-standard methods; and (d) a written retention and destruction policy governing biometric data is maintained and is available upon written request.

The governing law provision of this Agreement applies to contractual disputes only and does not govern statutory claims arising under state biometric privacy laws in the member's state of residence. For the avoidance of doubt, the binding arbitration clause in Section 28 of this Agreement applies to contractual disputes and does not supersede, limit, or waive any non-waivable private right of action or remedy available to Illinois residents under the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14/1 et seq.), including but not limited to any statutory damages claims. Members who are Illinois residents retain all rights afforded under BIPA that cannot be waived by contract as a matter of Illinois law, and nothing in this Agreement shall be construed to require arbitration of any BIPA claim to the extent such requirement is unenforceable under applicable Illinois law.

State Consumer Privacy Rights (CCPA / CPRA and Similar Laws)

To the extent applicable under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) as amended by the California Privacy Rights Act (“CCPA/CPRA”), the Colorado Privacy Act (C.R.S. § 6-1-1301 et seq.), the Virginia Consumer Data Protection Act (Va. Code Ann. § 59.1-571 et seq.), or other applicable state consumer privacy laws, members who are residents of those states retain applicable statutory privacy rights, including rights to access, correct, delete, and opt out of certain uses of personal data.

Nothing in this Agreement is intended to constitute a waiver of any non-waivable statutory right under applicable state consumer privacy law. Swingers Sphere does not sell personal information as defined under the CCPA/CPRA or equivalent state statutes. To the extent that sharing of data with service providers for identity verification or background screening constitutes a regulated data practice under applicable law, such sharing is conducted pursuant to written service provider agreements limiting use to specified purposes. Members wishing to exercise applicable statutory privacy rights may submit a written request to the contact address provided in the Privacy Policy.

No Permitted Use for Deception

You expressly acknowledge that Swingers Sphere is not designed, permitted, or intended to be used for identity concealment, impersonation, synthetic persona creation, research, surveillance, or investigative activity. Any such use undermines community safety and trust and will be treated as a serious violation.

Safety and Preventive Enforcement

Swingers Sphere's screening and enforcement standards exist first and foremost to protect all participants — including men, women, and other vulnerable individuals, from coercion, intimidation, violence, and pressure. The platform applies a prevention-first approach: access may be restricted or revoked at the earliest credible indication of risk, even in the absence of criminal charges, where permitted by law. Credible safety concerns are taken seriously, assessed promptly, and acted upon without delay to preserve a secure environment.

Prohibition on Retaliatory or Leveraged Use of Lifestyle Participation

Any information, content, communication, or knowledge relating to an individual's participation in Swingers Sphere, affiliated services, or any consensual adult lifestyle activity shall not be used, disclosed, referenced, introduced, or relied upon — directly or indirectly — for retaliatory, coercive, or strategic purposes. This prohibition includes, without limitation, any attempt to influence, prejudice, or gain advantage in child custody, parenting-time, family law, domestic relations, or similar proceedings, or to exert leverage in any personal, relational, reputational, or economic dispute involving a current or former intimate partner or any other individual.

This prohibition applies regardless of forum, whether public or private; method of disclosure, whether oral, written, electronic, or through a third party; and timing, whether before, during, or after any relationship. Consensual adult lifestyle participation, standing alone, shall not be used as evidence of parental unfitness or moral impropriety for any purpose under this Agreement.

Nothing in this Section restricts lawful, good-faith disclosures that are expressly compelled by a valid court order or mandatory reporting obligations, provided such disclosures are narrowly tailored to the legal requirement and do not exceed what is strictly necessary. Any violation of this Section constitutes a material breach of this Agreement.

Liquidated Damages — Retaliatory Use in Family-Law Contexts

The parties acknowledge that retaliatory or leveraged use of Swingers Sphere or Fusex Social Club participation in family law contexts causes foreseeable and substantial harm including emotional distress, reputational injury, litigation expense, disruption to parent-child relationships, and long-term privacy loss — that is inherently difficult to quantify with precision at the time of breach.

Accordingly, for each proven violation of the section above, the breaching party agrees to liquidated damages assessed in good faith as a reasonable pre-estimate of anticipated harm, as follows:

Up to USD $3,500,000 per affected individual, payable to the affected individual; and

Up to USD $4,500,000 per incident, payable to Swingers Sphere, reflecting platform-level harm, enforcement costs, and community trust impact. These amounts are cumulative, non-exclusive, and assessed per violation. The parties agree that these sums are not penalties, but a reasonable pre-estimate and allocation of risk at the time of contracting. If any amount is deemed excessive or unenforceable under applicable law, it shall be reduced to the maximum lawful amount rather than voided or invalidated in its entirety. Nothing herein limits the availability of injunctive or equitable relief, including orders preventing further disclosure or misuse, nor does it restrict lawful, compelled disclosures as expressly stated above.

Exclusive Responsibility for Abuse, Harassment, and Member-to-Member Harm

Each member expressly acknowledges and agrees that they bear sole legal and financial responsibility for their conduct toward other members, whether occurring on the platform, through related communications, or at any affiliated event.

Any member who engages in harassment, coercion, intimidation, threats, violence, sexual misconduct, stalking, retaliation, or other abusive or unlawful behavior toward another individual assumes exclusive responsibility for all resulting harm, including physical, emotional, psychological, reputational, and economic injury.

Swingers Sphere, its affiliates, event partners, officers, employees, and agents do not act as an agent, partner, fiduciary, guarantor, or supervisor of any member and do not control, direct, or endorse member conduct. The platform does not assume any duty of care arising from member-to-member interactions occurring on or off the platform.

To the maximum extent permitted by law, the offending member agrees to defend, indemnify, and hold harmless Swingers Sphere and all released parties from any and all claims, losses, damages, liabilities, judgments, penalties, and expenses, including reasonable attorneys' fees, arising from or related to the member's abusive or unlawful conduct.

Nothing in this provision limits a victim's right to seek legal remedies, report misconduct to law enforcement, or pursue civil or criminal action against the offending member. Any member found, based on credible evidence, admission, or final adjudication, to have engaged in abusive or harmful conduct may be immediately suspended or permanently removed without notice to protect community safety. Platform enforcement actions are administrative in nature and do not replace or limit civil or criminal accountability.

Loss of Protections; Exception for Criminal Conduct

Notwithstanding any provision to the contrary, upon a final adjudication or upon clear and convincing evidence of criminal conduct involving violence, sexual misconduct, or abuse, any privacy, confidentiality, or non-disclosure protections otherwise afforded to the offending member under this Agreement shall be deemed null and void to the extent necessary to prevent the concealment of unlawful conduct.

Nothing herein shall be construed to limit or restrict any individual's right to report suspected or actual criminal activity, to cooperate with law enforcement, or to participate in any lawful investigation or proceeding.

It is the express policy of Swingers Sphere to void and render unenforceable any non-disclosure or confidentiality obligations as applied to unlawful conduct of the nature described above, and to fully cooperate with law enforcement authorities in connection with any related investigation or prosecution. All remaining confidentiality and non-disclosure obligations shall continue in full force and effect with respect to non-offending members and all lawful activities. By becoming a member, you acknowledge that you have read, understood, and expressly agreed to be bound by these Terms in their entirety.

4. Governing Agreements, Incorporated Terms & Binding Obligations

These Terms incorporate by reference the following documents, which collectively form a single integrated agreement:

• Member Agreement
• Privacy Policy
• Cookie Policy
• Non-Disclosure Agreement
• Accidental Waiver & Release of Liability

In the event of a conflict, these Terms control unless expressly stated otherwise. No oral statements modify this Agreement.

5. Application, Screening & Membership Discretion

Access to Swingers Sphere is a revocable privilege, not a right. All prospective members must apply. Acceptance is determined at the Company’s sole discretion. The Company is not required to disclose acceptance criteria, investigative methods, or denial reasons. Applicants may be wait-listed indefinitely. By applying, you consent to receive electronic communications related to your application and membership.

6. Registration Accuracy & Account Responsibility

You agree to provide and maintain accurate, current, and complete information.

You are solely responsible for:

• Activity under your account;
• Credential security and account access controls
• Device security; and
• Prompt reporting of unauthorized access.

The Company is not liable for losses resulting from your failure to secure your account.

7. Subscriptions, Billing & No-Refund Policy

Membership requires payment of fees that automatically renew unless canceled.

• Fees and tiers may change;
• Payments are processed by third parties; and
• Fees are non-refundable except where required by law.

8. Member Conduct & Communications

The Company makes no guarantees regarding member behavior or outcomes. The Company may, but is not required to, monitor or restrict conduct to enforce platform standards or address safety concerns. Private communications remain private except where disclosure is required by law or necessary to address credible threats or unlawful activity.

9. Voluntary Participation & Assumption of Risk

You voluntarily choose to participate in a private adult community and acknowledge that social interactions carry inherent risks.

You remain responsible for exercising personal judgment and boundaries.

10. Legal Notice

DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

Electronic acceptance is enforceable pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA). By clicking “I Agree,” completing an application, submitting a registration form, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms in their entirety. This electronic acceptance constitutes a valid, binding, and enforceable signature for all purposes under applicable law.

11. Account Eligibility Requirements

Access is prohibited for minors. Any access by a minor constitutes a material breach.

12. Member Representations & Ongoing Certifications

You represent that:

• Your use is lawful;
• You are not using the Services to exploit, surveil, entrap, or harass others; and
• No legal prohibition renders your participation unlawful.

Eligibility may be reassessed at any time.

13. Verification, Screening & Background Checks

You authorize the Company to conduct identity verification and lawful criminal background checks, including periodic or ongoing reviews, as permitted by law. Failure to satisfy screening standards will result in suspension or termination.

14.Privacy, Confidentiality, and Identity Protection

Privacy, confidentiality, and identity protection are fundamental conditions of membership within Swingers Sphere. Any action — whether intentional or negligent — that compromises the privacy, anonymity, or safety of another member constitutes a material breach of these conditions. Such conduct is strictly prohibited and will be treated as a serious violation of platform rules. Violations of this nature not only endanger affected individuals but also undermine the integrity, trust, and security of the entire community.

15. Liquidated Damages – Enforceable Framework

You acknowledge that damages resulting from privacy violations are difficult to quantify at the time of breach.

Accordingly, the Company may assess liquidated damages as a reasonable pre-estimate of harm, assessed in good faith, based on:

• The nature and severity of the violation;
• The scope and duration of exposure;
• Whether the conduct was intentional, reckless, or negligent; and
• The number of members reasonably placed at risk.

All liquidated damages are subject to a commercially reasonable aggregate cap and shall be reduced, not invalidated, if found excessive.

16. No Waiver of Remedies

Liquidated damages do not limit the Company’s right to seek injunctive relief, termination, indemnification, or lawful cooperation with authorities.

16A. Notices, Contact Information & Privacy Rights Requests

All legal notices, demands, or communications required or permitted under this Agreement must be delivered in writing to Bilderberg Digital LLC Mailing Address 1309 Coffeen Avenue STE 1200 Sheridan, Wyoming 82801 USA, the operator of Swingers Sphere, via the contact mechanisms designated on the platform’s official website or as otherwise provided at the time of membership. Notices delivered by email to the designated legal address shall be deemed received upon confirmed delivery. Notices delivered by certified mail shall be deemed received three (3) business days after mailing.

Members wishing to exercise applicable statutory privacy rights under the CCPA/CPRA, BIPA, or equivalent state laws — including rights to access, correct, delete, or opt out of certain uses of personal data — may submit a written request through the privacy rights contact mechanism designated in the Privacy Policy or on the platform’s official website. Swingers Sphere will respond to verified requests within the timeframes required by applicable law.

17. Identity Verification & True-Name Requirement

Due to the sensitive and private nature of the Services, Swingers Sphere and its designated event partner, Fusex Social Club LLC, may require, at any time:

• Use of your true legal name for contractual, billing, or enforcement purposes;
• Submission of valid, government-issued photo identification; and
• Verification through reputable third-party identity verification services.

Failure to comply with a lawful verification request constitutes a material breach and may result in immediate suspension or termination of acce

18. Member Confidentiality, Non-Disclosure, and Recording Prohibitions

Privacy, confidentiality, and identity protection are material conditions of access to Swingers Sphere.

Members and Participants expressly agree not to disclose, record, capture, transmit, publish, or otherwise disseminate any Swingers Sphere Information, including but not limited to:

The identity, likeness, voice, or personal details of any member or attendee;

Participation in the platform, services, or affiliated events;

Event locations, logistics, communications, or internal operations; and

Any observations, interactions, or conduct learned through participation.

These obligations apply to all information obtained before, during, or after use of the platform or attendance at any affiliated event and shall survive for the maximum duration permitted by applicable law.

Submission of false, misleading, forged, or fraudulent identity information constitutes a material breach of this Agreement.

Upon a good-faith determination that a breach has occurred, the Company may, in its sole discretion:

Permanently revoke membership;

Prohibit access to all affiliated platforms, services, and events;

Deny refunds to the fullest extent permitted by law; and

Refer the matter for internal review, investigation, or appropriate third-party action where warranted.

The Company expressly reserves all rights and remedies available at law and in equity, including the right to pursue injunctive relief, damages, and any other available legal remedies.

Prohibition on Recording, Surveillance & Capture

All forms of recording or capture are strictly prohibited, including:

• Photography or videography;
• Audio recording;
• Live streaming;
• Screen capture or screen recording;
• Facial recognition or biometric tools; and
• Wearable or concealed recording devices.

Strict Liability Standard

Intent, mistake, ignorance, or lack of malicious purpose shall not limit or preclude liability. Any prohibited capture constitutes a material breach and irreparable harm, entitling the Company to immediate injunctive relief and lawful damages without bond.

19. Non-Disparagement & Reputational Protection

You agree not to knowingly make or disseminate false or malicious statements of fact that materially harm the reputation, goodwill, or operations of:

• Swingers Sphere;
• Fusex Social Club LLC;
• Bilderberg Digital LLC; or
• Their members, staff, or affiliates.

This provision does not restrict good-faith communications with law enforcement, licensed attorneys, regulatory authorities, or truthful testimony required by law.

20. Swingers Sphere Privacy, Non-Disclosure, Assumption of Risk, and Accidental Waiver Agreement (the “Agreement”)

This Privacy, Non-Disclosure, Assumption of Risk, and Accidental Waiver Agreement (“Agreement”) is entered into by and between Swingers Sphere (“Organizer”) and the undersigned individual (“Participant”) as a mandatory condition of participation in any event, gathering, experience, or activity hosted, administered, coordinated, or facilitated by the Organizer (each, an “Event”). By attending, accessing, or participating in any Event, the Participant knowingly, voluntarily, and irrevocably acknowledges, understands, and agrees to the terms set forth in this Agreement as follows:

1. Privacy & Non-Disclosure Obligations

Participant acknowledges that all Events are private, invitation-only environments and that privacy and confidentiality are material and non-negotiable conditions of participation.

Participant agrees that they shall not, directly or indirectly, disclose, record, capture, transmit, publish, disseminate, or otherwise share any Swingers Sphere Information, including but not limited to:

The identity, likeness, voice, name, pseudonym, or personal information of any attendee, host, staff member, or affiliate;

The location, address, date, format, structure, or access details of any Event;

Any conversations, interactions, conduct, or observations occurring at or in connection with an Event; and

Any materials, communications, credentials, or instructions provided in connection with an Event.

“Swingers Sphere Information” includes all information learned before, during, or after an Event, whether obtained intentionally, incidentally, or inadvertently.

These privacy and non-disclosure obligations shall survive for the maximum duration permitted by applicable law and shall remain in full force and effect following the conclusion of any Event and the termination of any relationship with Swingers Sphere.

2. Strict Prohibition on Recording, Surveillance, and Exposure

Strict Liability Provision

Participant expressly agrees that all forms of recording, documentation, surveillance, or capture are strictly prohibited at all Events, including, without limitation:

• Photography or videography;
• Audio recording;
• Live streaming or broadcasting;
• Screen capture or screen recording;
• Facial recognition or biometric tools;
• Wearable recording devices; and
• Any other means of documenting or preserving Event content or attendee identity.

Strict Liability Acknowledgment

Participant expressly acknowledges and agrees that intent, knowledge, purpose, mistake, or lack of malicious intent shall not limit or preclude liability. Any prohibited recording, capture, or disclosure—whether intentional, accidental, negligent, or reckless—constitutes an automatic material breach of this Agreement. Any such breach constitutes irreparable harm, entitling Swingers Sphere to immediate temporary, preliminary, and permanent injunctive relief, liquidated damages, and all other remedies available at law or in equity, without the necessity of proving intent or actual damages.

3. Assumption of Risk

Participant understands and acknowledges that Events may involve social interaction, physical proximity, adult themes, and consensual adult conduct.

Participant knowingly and voluntarily assumes all risks, whether known or unknown, foreseeable or unforeseeable, including but not limited to:

Accidental physical contact;

Emotional discomfort, distress, or psychological impact;

Environmental or venue-related risks;

Illness, injury, or unforeseen incidents; and

Serious bodily injury, permanent disability, or death, including accidental death.

Participant affirms that participation is entirely voluntary, that they are legally eligible to participate, and that they have independently determined that such participation aligns with their personal boundaries, health condition, and judgment.

21. Liquidated Damages for Privacy Breach

Participant acknowledges and agrees that any breach of Swingers Sphere's privacy and confidentiality obligations would cause extraordinary and irreparable harm that is inherently difficult or impossible to quantify with precision at the time of breach.

Accordingly, Participant agrees that, in the event of such a breach, they shall be liable for liquidated damages in an amount of up to USD $6,500,000 per violation, assessed in good faith based on severity, scope, and impact, in addition to full indemnification of affected parties for any and all economic, reputational, emotional, and legal damages arising from such breach.

Participant further agrees that Swingers Sphere shall be entitled to immediate injunctive relief, without the requirement of posting bond or proving actual damages, in order to prevent or mitigate any unauthorized disclosure.

The parties expressly acknowledge and agree that the foregoing liquidated damages amount reflects the unique privacy, reputational, and economic risks associated with a high-discretion, high-visibility membership community, and constitutes a reasonable, good-faith pre-estimate of anticipated harm, and not a penalty. To the extent any portion of this provision is deemed unenforceable under applicable law, such provision shall be modified or reduced to the maximum extent permitted by law, rather than rendered void or unenforceable in its entirety.

Criminal Conduct Exception & NDA Nullification Clause

Criminal Conduct — No Privacy or Non-Disclosure Protection. Notwithstanding any privacy, confidentiality, non-disclosure, anonymity, or related obligations contained in this Agreement or any incorporated document, no such obligation shall apply to conceal, shield, facilitate, or benefit criminal conduct.

If a Member or Participant violates any provision of this Agreement or engages in, attempts, conspires to commit, or is credibly alleged to have committed criminal conduct, including but not limited to violence, sexual misconduct, exploitation, trafficking, extortion, blackmail, coercion, child endangerment, or any other unlawful act, then all privacy, confidentiality, and non-disclosure protections otherwise afforded to that individual under this Agreement shall be deemed void and unenforceable to the extent necessary to:

Prevent ongoing or future harm;

Protect victims or potential victims;

Comply with lawful requests from law enforcement, courts, or regulatory authorities;

Cooperate with investigations; or

Pursue civil, criminal, or injunctive remedies.

This limitation applies solely to the offending individual and shall not affect the privacy, confidentiality, or anonymity rights of non-offending members, witnesses, or victims, all of which remain fully enforceable.

Nothing in this provision shall be construed to require disclosure absent lawful authority, nor to waive any applicable privilege or protection except as expressly stated herein. No privacy or non-disclosure obligation may be invoked to obstruct justice, suppress evidence, or prevent the lawful reporting of criminal activity.

The Member or Participant expressly acknowledges and agrees that no reasonable expectation of privacy or confidentiality exists with respect to criminal conduct, and that any attempt to assert such protections to suppress, delay, or interfere with lawful investigation or accountability shall constitute a material breach of this Agreement, subject to termination, injunctive relief, and all other remedies available at law or in equity.

22. False Accusations

Good-Faith Reporting — Protected Without Exception

Swingers Sphere is built on a foundation of mutual trust and safety. That trust runs in both directions. Members trust the platform to protect their privacy, and the platform trusts members to report genuine concerns, violations, and harm honestly and in good faith.

Any member who reports a violation, safety concern, or instance of harm in good faith is fully protected under this Agreement. No member will be penalized, suspended, terminated, or subject to any adverse action solely because their report could not ultimately be proven, was inconclusive, or was resolved without a finding of violation. Good-faith reporting is not only protected — it is actively encouraged as essential to community safety. The standard for a false accusation under this Agreement is deliberate, knowing fabrication made for personal, financial, reputational, or strategic gain. An honest report that is difficult to prove is not a false accusation. A mistaken belief held genuinely is not a false accusation. A report made by a member who suffered harm but cannot fully document it is not a false accusation. Only intentional, bad-faith fabrication — where the accuser knows the allegation to be untrue at the time of making it — triggers the consequences below.

Consequences for Deliberate Fabrication

Knowingly false, malicious, or fabricated accusations made for financial, reputational, or strategic advantage constitute a material breach of this Agreement.

Upon factual determination or final adjudication, the breaching party shall:

• Permanently forfeit membership and access;
• Indemnify all affected parties; and
• Bear all resulting legal, reputational, and economic damages. Nothing in this provision restricts good-faith reporting to law enforcement or lawful authorities.

Accidental Waiver & Release of Liability (Negligence)

To the fullest extent permitted by applicable law, Participant hereby releases, waives, and forever discharges Swingers Sphere, its owners, officers, directors, employees, contractors, hosts, venues, agents, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, injuries, losses, or liabilities of any kind, whether in law or equity, arising out of or relating to:

Accidental contact or interactions;

Personal injury, illness, or property damage;

Emotional distress or psychological impact; and

Any ordinary negligent acts or omissions not involving gross negligence, recklessness, or willful misconduct.

This release applies to all claims, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, and includes claims arising before, during, or after any Event, to the fullest extent permitted by law.

Nothing in this provision shall be construed to waive liability for gross negligence, recklessness, willful misconduct, or any liability that cannot be waived under applicable law.

No Guarantee of Outcomes

Participant acknowledges and agrees that Swingers Sphere makes no representations, warranties, or guarantees of any kind regarding any experience, interaction, relationship, or outcome arising from participation. All participation is entirely voluntary, self-directed, and undertaken at the Participant’s sole discretion, based solely on personal choice, judgment, and consent.

Indemnification

Participant agrees to defend, indemnify, and hold harmless Swingers Sphere from any claims, losses, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from Participant’s breach of this Agreement, including any unauthorized disclosure, recording, or violation of Event rules.

Representative Enforcement & Anonymity

Participant agrees that Swingers Sphere may enforce this Agreement in its own name, including pursuing injunctive relief, damages, and equitable remedies without naming individual members or attendees.

Participant acknowledges that disclosure of attendee identities would cause irreparable harm and expressly consents to Swingers Sphere seeking sealed proceedings, protective orders, redactions, and pseudonymous treatment to preserve member anonymity and confidentiality.

Disparagement-Related Liquidated Damages

Participant acknowledges and agrees that reputational, privacy, and confidentiality harms arising from disparagement or unauthorized disclosure are inherently difficult or impossible to quantify with precision at the time of breach.

Accordingly, the parties agree that the following amounts constitute reasonable, good-faith pre-estimates of anticipated harm, and not penalties, and shall apply to any violation involving disparagement, defamation, or unauthorized disclosure:

Up to USD $375,000 per violation involving limited, private, or non-public dissemination;

Up to USD $12,500,000 per violation involving public, mass-media, digital, or widespread dissemination, assessed based on scope of dissemination, audience reach, and reputational impact.

Each act of dissemination, publication, or communication may be treated as a separate and independent violation for purposes of calculating liquidated damages.

In addition to liquidated damages, Swingers Sphere shall be entitled to seek injunctive relief, equitable remedies, and recovery of reasonable attorneys’ fees and costs, to the fullest extent permitted by applicable law.

The parties expressly agree that these amounts reflect the unique privacy, reputational, and economic risks associated with a high-discretion, high-visibility membership community.

To the extent any portion of this provision is deemed unenforceable, such amount shall be reduced to the maximum enforceable amount permitted by law, rather than invalidated in its entirety.

22A. Event Privacy & Non-Disclosure Obligations

Participation in any Swingers Sphere–affiliated event is expressly conditioned upon strict privacy and confidentiality obligations, which are material and non-negotiable.

Participant agrees not to disclose, record, capture, transmit, publish, disseminate, or otherwise share any Swingers Sphere Information, including but not limited to:

The identity, likeness, voice, or personal details of any attendee, host, staff member, or affiliate;

Event locations, venues, logistics, schedules, or internal structure;

Any conversations, interactions, conduct, or observations occurring at or in connection with an event; or

Any credentials, invitations, communications, or materials provided for access or participation.

“Swingers Sphere Information” includes all information learned before, during, or after an event, whether obtained intentionally, incidentally, or inadvertently. These privacy and non-disclosure obligations shall survive for the maximum duration permitted by applicable law, including the conclusion of any event and the termination of any relationship with Swingers Sphere.

23. Cooperation with Investigations

If you are a party or material witness in a matter arising directly from your use of the Services, you agree to cooperate in good faith with lawful requests from the Company or its counsel, to the extent legally permissible.

Failure to cooperate after lawful notice and opportunity to comply may constitute a material breach. Any liquidated damages must be assessed in good faith and subject to applicable law. This obligation survives termination.

24. Prohibition of Recording & Surveillance

The use of photography, audio or video recording, live streaming, screen capture, facial recognition technology, wearable devices, or any form of surveillance or recording equipment is strictly prohibited at any Swingers Sphere–affiliated event, whether overt or covert.

Participant agrees not to create, capture, store, transmit, or distribute any visual, audio, or digital recording of any person, interaction, or environment associated with an event.

Any unauthorized recording, attempted recording, or use of surveillance technology shall constitute a material breach of this Agreement and is deemed to cause irreparable harm.

Accordingly, Swingers Sphere shall be entitled to immediate injunctive relief, without the requirement of posting bond or proving actual damages, in addition to all other remedies available at law or in equity, including recovery of damages, costs, and attorneys’ fees to the fullest extent permitted by applicable law.

25. Assumption of Risk

You knowingly and voluntarily assume all known and unknown risks associated with interacting with other members and participating in any events, activities, or services offered in connection with the platform, including, without limitation, social interaction, physical proximity, venue or environmental conditions, travel, and the actions or omissions of other participants.

To the maximum extent permitted by applicable law, you further release, waive, and discharge Swingers Sphere, Bilderberg Digital LLC, Fusex Social Club, and their respective owners, officers, employees, agents, contractors, and affiliates from any and all claims, demands, damages, injuries, losses, or liabilities arising out of or related to ordinary negligence, whether such claims are known or unknown, foreseen or unforeseen.

You acknowledge that this Assumption of Risk and Negligence Waiver is a material condition of access and participation, that you have had the opportunity to review it, and that you voluntarily agree to it with full knowledge of its legal effect.

26. Privacy Breach — Liquidated Damages Framework

Any knowing or reckless breach of privacy or confidentiality obligations shall subject the Participant or Member to liquidated damages, assessed in good faith based on the following non-exclusive factors:

The sensitivity and nature of the information disclosed.

The scope, method, and duration of the exposure.

The number of individuals reasonably impacted; and

Whether the conduct was intentional, reckless, or repeated.

All such damages shall be determined in a manner that reflects a reasonable, good-faith estimate of anticipated harm, and not a penalty. Any award shall be subject to a commercially reasonable aggregate cap, and any portion deemed unenforceable shall be reduced to the maximum extent permitted by law, rather than invalidated in its entirety.The provisions governing exclusive member responsibility for abuse, harassment, and member-to-member harm are set forth above under the heading “Exclusive Responsibility for Abuse, Harassment, and Member-to-Member Harm” and are incorporated herein by reference in their entirety.

Loss of Privacy and Non-Disclosure Protections for Offending Party

Upon a final adjudication, or upon clear and convincing evidence of criminal conduct involving violence, sexual misconduct, abuse, or other unlawful acts, any privacy, confidentiality, or non-disclosure protections otherwise afforded to the offending Member under this Agreement shall not apply to the extent necessary to prevent, report, or address such unlawful conduct.

Such limitation is intended solely to ensure that this Agreement does not conceal, shield, or facilitate unlawful activity, and shall not be construed to restrict or impair:

The rights of victims or potential victims;

Lawful reporting to law enforcement, regulatory authorities, or other appropriate parties; or

Cooperation with investigations or legal proceedings.

All privacy, confidentiality, and non-disclosure obligations shall remain fully enforceable with respect to non-offending Members, witnesses, and third parties.

Risk Acknowledgment & No Guarantee of Absolute Safety

Swingers Sphere is committed to fostering a private, safety-conscious environment through screening, verification, conduct standards, and ongoing risk assessment. However, human behavior is inherently unpredictable, and no system—regardless of diligence, controls, or safeguards—can eliminate all risk.

By accessing the platform or participating in any affiliated event, you expressly acknowledge and agree that:

1. No Absolute Guarantee of Safety

While Swingers Sphere employs reasonable and industry-leading measures to assess, mitigate, and reduce foreseeable risks, 100% safety cannot be guaranteed. Screening, background checks, rules, and monitoring reduce risk but do not eliminate the possibility of misconduct, error, misjudgment, or unforeseen events.

2. Residual Risk Exists

You understand and accept that participation in any private social environment—including online interactions and in-person events—carries inherent and residual risks, including but not limited to emotional distress, boundary violations, misrepresentation by others, or unforeseen conduct.

3. Individual Judgment & Responsibility

You agree that you are solely responsible for exercising personal judgment, setting boundaries, and discontinuing any interaction or participation that feels unsafe or misaligned with your comfort level. Continued participation is voluntary and based on your own assessment of risk.

4. No Warranty or Assurance

Swingers Sphere makes no representations, warranties, or assurances—express or implied—regarding the future conduct, intentions, or actions of any member, guest, or attendee.

5. Risk Reduction, Not Risk Elimination

You acknowledge that Swingers Sphere ’s role is to reduce risk where reasonably possible, not to guarantee outcomes or control the independent actions of individuals. Nothing in this provision limits Swingers Sphere ’s commitment to enforcing rules, removing unsafe participants, cooperating with lawful investigations, or continuously improving safety practices. This disclaimer exists to ensure transparency, informed consent, and realistic expectations—not to excuse misconduct or limit a victim’s legal rights.

Cybersecurity Risk, Safeguards & No-Guarantee Clause

Swingers Sphere implements enterprise-grade, industry-standard administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of platform systems, communications, and data. These measures include, without limitation, access controls, encryption, monitoring, incident-response protocols, and risk-based security practices.

Notwithstanding the foregoing, Participant expressly acknowledges and agrees that no system, network, platform, or security measure can be guaranteed to be 100% secure, and that cybersecurity risks are inherent in all online services, including private and access-restricted platforms.

By accessing or using the Services, Participant knowingly and voluntarily assumes all risks associated with unauthorized access, data exposure, system intrusion, service interruption, or compromise, including but not limited to those arising from:

Sophisticated cyberattacks or advanced persistent threats;

Nation-state or state-sponsored attacks;

Zero-day vulnerabilities or unknown exploits;

Third-party service providers, vendors, or infrastructure failures;

Actions or omissions of other users or unauthorized actors; and

Events or factors beyond the Company’s reasonable control.

Swingers Sphere does not warrant or guarantee uninterrupted service, absolute security, or immunity from cyber incidents. The Company’s obligations are limited to implementing reasonable and appropriate security measures consistent with industry standards, and not to eliminating all risk.

To the maximum extent permitted by applicable law, Swingers Sphere shall not be liable for any damages, losses, or liabilities arising out of or related to cybersecurity incidents, except to the extent caused by the Company’s gross negligence or willful misconduct.

Employer / Organizational Misuse — Liquidated Damages, Injunctive Relief, and Personal Liability

Participant expressly acknowledges and agrees that any organizational, employer, corporate, or institutional use or misuse of information derived from or related to the Swingers Sphere platform—whether directly or indirectly—against any current, former, or prospective employee, applicant, or individual constitutes a material breach of this Agreement.

Such misuse includes, without limitation, any use of information for purposes of employment decisions, discipline, termination, retaliation, discrimination, coercion, reputational harm, or any other adverse action.

Participant further acknowledges that any such misuse causes foreseeable, substantial, and irreparable harm to the affected individual, the private community, and the platform itself, for which monetary damages alone may be insufficient.

Each act of misuse, disclosure, reliance upon, or dissemination of such information shall constitute a separate and independent “Incident” for purposes of enforcement, damages, and remedies. The Participant agrees that they should be held personally liable, regardless of whether such conduct is undertaken in an individual or professional capacity, and that no employer, organization, or third party shall shield or limit such liability.

In the event of any such Incident, Swingers Sphere shall be entitled to pursue liquidated damages, injunctive relief (without the requirement of posting bond or proving actual damages), indemnification, and all other remedies available at law or in equity, to the maximum extent permitted by applicable law.

Liquidated Damages (Reasonable Pre-Estimate of Harm)

You acknowledge that damages arising from such misuse—including reputational injury, professional harm, emotional distress, loss of anonymity, regulatory exposure, loss of member trust, and destabilization of a private community—are inherently difficult or impossible to calculate with precision at the time of breach.

Accordingly, the parties agree that the following liquidated damages represent reasonable, good-faith pre-estimates of anticipated harm and are not penalties:

Platform-Level Harm:

Up to USD $45,000,000 per Incident, payable to Swingers Sphere, reflecting harm to platform integrity, member trust, security posture, legal exposure, and operational viability; and

• Individual Harm — Non-Executive Personnel:
Up to USD $25,500,000 per Incident, payable to the affected individual (the “Victim”), reflecting foreseeable reputational, professional, emotional, and economic harm; and

• Individual Harm — Executive Personnel:
For C-suite or Fortune 500 executives, up to USD $50,500,000 per Incident, or a multiple of the individual’s most recent annual earnings, assessed in good faith and subject to a commercially reasonable aggregate cap, payable to the affected individual (the “Victim”), reflecting foreseeable reputational, professional, emotional, and economic harm. These liquidated damages are cumulative, non-exclusive, and assessed by Incident. Total recoverable damages per Incident shall reflect a reasonable, good-faith estimate of combined harm, subject to a commercially reasonable aggregate cap.

Recovery Structure

For each Incident, the responsible party agrees that Swingers Sphere may recover:

1. Platform Harm Damages
A substantial liquidated damage amount payable to Swingers Sphere, assessed in good faith and subject to a commercially reasonable aggregate cap, reflecting harm to platform integrity, member trust, legal exposure, security posture, and operational viability.

2. Collective Harm Assessment
An additional liquidated damage component reflecting harm to the Swingers Sphere community as a whole, calculated based on:

The number of members reasonably placed at risk;
The sensitivity of the information misused;
The scope of dissemination, reliance, or use;
The duration of exposure; and
Whether the conduct was intentional, reckless, or negligent.

Injunctive and Equitable Relief

You agree that any Incident constitutes irreparable harm for which monetary damages alone are insufficient. Accordingly, Swingers Sphere shall be entitled to immediate temporary, preliminary, and permanent injunctive and equitable relief, without the requirement of posting bond, to prevent, halt, or remediate any misuse, including orders requiring destruction, recall, or non-use of improperly obtained information.

Personal and Organizational Liability

Liability may be imposed jointly and severally upon:

• The organization responsible for the misuse; and
• Any individual who knowingly authorized, directed, approved, facilitated, or materially participated in the misuse, including executives, HR personnel, supervisors, investigators, contractors, or agents.

Source-Neutral Application

Liability applies regardless of how the information was obtained, including direct access, third-party disclosure, screenshots, media reports, anonymous tips, leaks, or indirect derivation, where the information is used against an individual in an organizational or employment-related context.

Reduction-Not-Invalidation Safeguard

If any portion of this Section is determined by a court or arbitrator to exceed what is enforceable under applicable law, such portion shall be reduced to the maximum lawful amount, rather than invalidated. This obligation survives termination, applies regardless of membership status, and constitutes a material condition of access to the Swingers Sphere platform. The parties acknowledge that actual damages may exceed the liquidated amounts stated herein and that these amounts reflect a conservative allocation of risk.

Prohibition on Outing, Identity Exposure & Lifestyle Disclosure

“Outing Clause”

1. Absolute Prohibition on Outing

You expressly acknowledge and agree that outing, exposing, or attempting to expose any individual’s participation in Swingers Sphere or any affiliated event—without that individual’s prior, explicit, written consent—constitutes a material breach of this Agreement.

For purposes of this Agreement, “Outing” includes, without limitation, any direct or indirect disclosure of a Member’s or Participant’s:

• Participation in Swingers Sphere, Fusex Social Club, or any affiliated platform or event;
• Sexual orientation, relationship structure, lifestyle interests, or consensual adult activities;
• Identity, likeness, name, pseudonym, profession, employer, location, or family association;
• Attendance at, communication about, or involvement in any Event or private interaction; or
• Any information that reasonably enables a third party to identify, infer, or confirm such participation.

Outing may occur through words, images, recordings, metadata, screenshots, hints, insinuations, confirmations, or contextual disclosures, whether public or private, intentional or reckless.

2. Strict Liability Standard

You expressly agree that outing is a strict-liability violation.

• Intent shall not limit or preclude liability;
• Ignorance is not a defense;
• Mistake, negligence, or “good faith” belief is not a defense; and
• Deletion, retraction, or later correction does not cure the breach.

Any act that results in unauthorized exposure constitutes a violation regardless of motive or outcome. Because harm from outing is inherently irreparable, the Company and affected individuals are entitled to:

• Immediate injunctive relief; and
• Liquidated damages assessed in good faith, subject to reduction-not-invalidation.

This obligation survives termination.

3. Presumption of Irreparable Harm

You acknowledge and agree that outing causes foreseeable, substantial, and irreparable harm, including but not limited to:

• Career damage, termination, or professional discipline;
• Licensing, credentialing, or security-clearance consequences;
• Custody, family, or marital harm;
• Emotional distress and reputational injury;
• Loss of anonymity and long-term personal safety risks; and
• Harm to the privacy, trust, and viability of a private community.

Such harm is not fully compensable by monetary damages alone.

4. Liquidated Damages for Outing

Because actual damages arising from outing are inherently difficult or impossible to quantify at the time of breach, you agree to the following liquidated damages, which represent reasonable, good-faith pre-estimates of anticipated harm and not penalties, subject to a commercially reasonable aggregate cap based on scope of harm:

• Up to USD $10,000,000 per affected individual, payable to the outed individual; and
• Up to USD $15,000,000 per Incident, payable to Swingers Sphere, reflecting platform-level harm, community destabilization, legal exposure, and loss of trust.

Each affected individual constitutes a separate violation. Any amount determined unenforceable shall be reduced to the maximum lawful amount rather than invalidated.

5. Injunctive and Equitable Relief

Participant acknowledges and agrees that any act of unauthorized disclosure, identification, or “outing” constitutes a material breach of this Agreement and causes immediate and irreparable harm for which monetary damages alone would be inadequate.

Accordingly, Participant agrees that Swingers Sphere and any affected individual shall be entitled to seek and obtain immediate temporary, preliminary, and permanent injunctive and equitable relief, without the requirement of posting bond or proving actual damages, to the fullest extent permitted by applicable law.

Such relief may include, without limitation, orders requiring:

Immediate cessation of any disclosure or dissemination;

Removal, recall, deletion, or destruction of any exposed or distributed materials;

Prohibition on any further publication, sharing, or dissemination; and

Full compliance with all privacy, confidentiality, and anonymity obligations under this Agreement.

6. Personal and Organizational Liability

Liability for outing may be imposed jointly and severally upon:

• The individual who committed the outing; and
• Any person or entity that authorized, encouraged, facilitated, ratified, or benefited from the outing, including employers, organizations, media entities, investigators, agents, or third parties. Liability applies regardless of how the information was obtained, including screenshots, recordings, third-party disclosures, anonymous tips, leaks, or indirect derivation.

7. No Restriction on Lawful Reporting

Nothing in this Section restricts good-faith reporting of unlawful conduct to law enforcement, licensed attorneys, or regulatory authorities. However, knowingly false, malicious, or unnecessary disclosures beyond lawful reporting are not protected and remain subject to enforcement.

8. Survival and Material Condition

This Outing Clause:

• Is a material condition of access and participation;
• Survives termination of membership or event attendance; and
• May be enforced by Swingers Sphere on its own behalf and on behalf of affected individuals, including through representative or pseudonymous proceedings where permitted by law.

If you expose someone’s involvement—on purpose or by “accident”—you are personally and financially responsible, and the platform will act swiftly to stop it.

The parties acknowledge that actual damages resulting from outing may exceed the liquidated amounts stated herein, and that these amounts reflect a conservative allocation of foreseeable risk at the time of contracting. The provisions governing representative enforcement and member anonymity are set forth above under the heading “Representative Enforcement & Anonymity” and are incorporated herein by reference in their entirety.

Knowingly false or malicious accusations made for financial, reputational, or strategic gain constitute a material breach. Upon final adjudication or clear factual determination, remedies may include termination, indemnification, and lawful damages. Nothing restricts good-faith reporting of misconduct.

28. Governing Law, Jurisdiction, and Dispute Resolution

You knowingly and voluntarily waive any right to a jury trial. This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles.
To the maximum extent permitted by law, these Terms of Service and any dispute, claim, or controversy arising out of or relating to the Platform, the Services, or this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles.

Pre-Arbitration Dispute Escalation — Mandatory Notice and Good-Faith Negotiation

Before initiating arbitration under this Section, the party asserting a claim (the 'Claimant') must first provide written notice to the other party (the 'Notice of Dispute') that: (a) identifies the specific claim, dispute, or controversy being asserted; (b) describes the nature and factual basis of the claim with reasonable specificity; and (c) states the relief or remedy being sought.

Following receipt of a valid Notice of Dispute, the parties agree to engage in a good-faith effort to resolve the dispute through direct negotiation for a period of thirty (30) calendar days (the 'Negotiation Period'). During the Negotiation Period, each party agrees to designate a representative with authority to discuss and, if appropriate, resolve the matter. All communications made during the Negotiation Period are confidential, shall not be used as evidence in any subsequent proceeding, and are protected to the fullest extent permitted by applicable law.

Arbitration may not be commenced until the earlier of: (i) the expiration of the thirty (30) day Negotiation Period without resolution; or (ii) written confirmation by both parties that good-faith negotiation has been exhausted and no resolution is forthcoming. This pre-arbitration requirement does not apply to, and shall not delay, any application by Swingers Sphere for emergency injunctive or equitable relief to prevent irreparable harm — including to stop an active or threatened outing, privacy breach, or confidentiality violation. Swingers Sphere may seek such relief in any court of competent jurisdiction at any time, without prior notice or the Negotiation Period having elapsed. Failure to comply with this pre-arbitration escalation process prior to filing for arbitration shall constitute a procedural defect and may result in dismissal of the arbitration demand without prejudice, subject to the arbitrator's discretion and applicable arbitration rules.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services shall be resolved exclusively through final and binding arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) in accordance with its applicable rules. Arbitration shall be conducted on an individual basis only and not as a class, collective, or representative action. The arbitration shall take place in New York, New York, unless otherwise required by applicable law or agreed by the parties. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, enforceability, or formation of this Agreement.

Waiver of Jury Trial and Class Actions

To the fullest extent permitted by law, you expressly waive any right to a trial by jury and agree not to participate in any class action, collective action, or representative proceeding against Swingers Sphere, its affiliates, or any related entities.

Exclusive Jurisdiction for Injunctive Relief
Notwithstanding the foregoing arbitration requirement, Swingers Sphere may seek temporary, preliminary, or permanent injunctive or equitable relief in any state or federal court located in New York, New York, to protect its rights, enforce confidentiality obligations, or prevent irreparable harm. You consent to the exclusive jurisdiction and venue of such courts for these limited purposes.

Severability and Enforcement
If any portion of this clause is found to be invalid or unenforceable, it shall be modified to the minimum extent necessary to comply with applicable law, and the remaining provisions shall remain in full force and effect.

Priority of State Statutory Rights

Notwithstanding the New York governing law and arbitration provisions of this Section, nothing in this Agreement shall limit, waive, or supersede any non-waivable statutory right available to a Member under the law of their state of residence. Where a Member's state law expressly prohibits mandatory arbitration of a particular class of claim, or grants a Member a non-waivable private right of action, that statutory right is preserved and shall govern over any conflicting provision of this Agreement. This includes, without limitation: (a) claims by Illinois residents under the Illinois Biometric Information Privacy Act (BIPA); (b) claims by California residents under the CCPA/CPRA where arbitration of such claims is non-waivable; and (c) claims under any other applicable state statute that expressly preserves a private right of action notwithstanding contractual arbitration clauses. For all other disputes not governed by non-waivable state statutory rights, the New York governing law and mandatory arbitration provisions of this Section apply exclusively.

 

29A. Universal Applicability of Terms; Jurisdiction-Neutral Acceptance

By accessing, registering for, or using any portion of the Services in any capacity, you expressly, knowingly, and voluntarily acknowledge and agree to the following:

1. Full Acceptance Regardless of Jurisdiction

These Terms of Service apply to you in their entirety, without limitation, regardless of your country, state, province, territory, or jurisdiction of residence, domicile, citizenship, or access. Your geographic location does not limit, modify, reduce, or excuse your obligations under this Agreement.

2. Choice of Law

This Agreement shall be governed exclusively by the laws of the State of New York, without regard to any conflict-of-law principles that would cause the law of any other jurisdiction to apply. You expressly waive any right to invoke the law of your home jurisdiction to alter, limit, or void any provision of this Agreement, to the fullest extent permitted by applicable law.

3. No Jurisdictional Excuse

You agree that you will not assert, and expressly waive the right to assert, that any provision of this Agreement is unenforceable, inapplicable, void, or invalid solely on the basis of your jurisdiction of residence or the location from which you access the Services.

4. Acknowledgment of International Access

If you are accessing the Services from outside the United States, you do so voluntarily and at your own initiative, and you are solely responsible for compliance with any applicable local laws to the extent they do not conflict with this Agreement. You acknowledge that Swingers Sphere is operated from the United States and that this Agreement is governed exclusively by United States law as specified herein.

5. Severability and Preservation

If any specific provision of this Agreement is determined by a court or arbitrator of competent jurisdiction to be unenforceable under the mandatory, non-waivable law of your jurisdiction, that provision shall be modified to the minimum extent necessary to achieve enforceability, or severed if modification is not possible. All remaining provisions shall continue in full force and effect and shall not be affected by the unenforceability of any single provision.

6. Non-Waivable Statutory Rights

Nothing in this Section is intended to, nor shall it be construed to, waive or override any statutory right that is expressly non-waivable as a matter of mandatory law in your jurisdiction of residence, including without limitation rights preserved under the Illinois Biometric Information Privacy Act (BIPA), the California Consumer Privacy Act (CCPA/CPRA), or equivalent applicable consumer protection statutes. Outside of such non-waivable rights, all provisions of this Agreement apply in full.

7. Binding Effect

You confirm that you have read and understood this Section, that you accept its terms knowingly and voluntarily, and that this jurisdiction-neutral acceptance constitutes a material condition of your access to and use of the Services.

 

29. Survival, Severability & Entire Agreement

All confidentiality, indemnification, enforcement, and cooperation obligations shall survive termination of this Agreement. If any provision is held to be invalid or unenforceable, it shall be modified or reduced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

The provisions governing representative enforcement and member anonymity are set forth above under the heading “Representative Enforcement & Anonymity” and are incorporated herein by reference in their entirety.

Platform Protection, Anti-Poaching, and Competitive Interference Clause

Swingers Sphere employs proprietary monitoring, detection, and enforcement mechanisms designed to identify and address individuals or entities attempting to poach members, misappropriate platform value, or otherwise exploit the Platform.

As a strict condition of access and participation, no Member or third party shall engage in any activity intended to exploit, undermine, interfere with, or obtain competitive advantage from the Platform, including but not limited to:

Soliciting, recruiting, or attempting to recruit current Swingers Sphere Members for competing platforms, events, services, or organizations;

Reverse-engineering, analyzing, extracting, or attempting to replicate the Platform’s community structures, screening methodologies, security measures, or engagement systems;

Diverting or attempting to divert Members, vendors, event hosts, partners, affiliates, or other stakeholders away from the Platform; or

Participating in any coordinated effort, scheme, or strategy designed to misuse, replicate, infiltrate, or exploit the Platform for competitive or commercial advantage.

Remedies and Enforcement

Participant acknowledges and agrees that such conduct causes substantial, irreparable harm to Swingers Sphere, including damage to proprietary systems, business relationships, goodwill, and community integrity—harm that is inherently difficult to quantify with precision.

Accordingly, Swingers Sphere shall be entitled to pursue all remedies available at law and in equity, including but not limited to:

Immediate injunctive relief, without the requirement of posting bond or proving actual damages, to prevent or restrain further violations;

Immediate suspension or permanent termination of access to the Platform and all associated services; and

Liquidated damages of up to USD $20,000,000 per occurrence, assessed as a reasonable, good-faith pre-estimate of anticipated harm and not a penalty, subject to reduction to the maximum enforceable amount permitted by applicable law if deemed excessive by a court of competent jurisdiction. Each act of solicitation, diversion, reverse-engineering, or exploitation shall constitute a separate and independent violation for purposes of enforcement, damages, and remedies.

Survival

These obligations, restrictions, and remedies shall survive termination of membership, account access, contractual relationships, or use of the Platform, and shall remain enforceable to the fullest extent permitted by law.

The provisions governing exclusive member responsibility for abuse, harassment, and member-to-member harm are set forth above under the heading “Exclusive Responsibility for Abuse, Harassment, and Member-to-Member Harm” and are incorporated herein by reference in their entirety.

Independent Legal Consequences

Platform enforcement actions are administrative and do not limit civil, criminal, or regulatory liability arising from Member conduct.

Exigent Circumstances Disclosure

Swingers Sphere may disclose limited information where it reasonably and in good faith believes such disclosure is necessary to prevent:

Imminent risk of death or serious bodily harm;

Sexual exploitation or abuse of a minor;

Credible threats of violence; or

Other comparable emergency circumstances requiring immediate action.

Any such disclosure shall be:

Strictly limited and narrowly tailored to the information reasonably necessary to address the exigent circumstance.

Documented and logged internally, where practicable; and

Not construed as a general waiver of any privacy, confidentiality, or non-disclosure obligations under this Agreement.

Nothing in this provision shall authorize disclosure beyond what is reasonably necessary under the circumstances, nor shall it expand or limit any rights or obligations under applicable law.

Government, Law Enforcement & Military Access — Personal-Capacity Representation

Members represent and warrant that they are accessing and using the Platform solely in a personal, private capacity, and not on behalf of, or for the benefit of, any government agency, law enforcement authority, military organization, regulatory body, or investigative entity, unless and until valid legal process (including subpoena, warrant, or court order) has been properly served on Swingers Sphere and access has been expressly authorized in accordance with applicable law.

Members further agree that they shall not use the Platform to conduct surveillance, gather intelligence, collect evidence, or engage in investigative activity, whether directly or indirectly, outside the bounds of lawful process.

Nothing in this Agreement shall be construed to waive any non-waivable sovereign, governmental, or qualified immunities.

However, to the maximum extent permitted by law, any individual who:

Knowingly misrepresents their identity, affiliation, or purpose;

Accesses or uses the Platform under false pretenses; or

Engages in surveillance, investigative, or intelligence-gathering activity outside lawful process

shall be deemed to have committed a material breach of this Agreement and may be subject to all available contractual, equitable, and statutory remedies, including but not limited to:

Immediate suspension or permanent termination of access;

Injunctive relief, without bond where permitted.

Liquidated damages where applicable; and

Referral for civil or criminal investigation, where appropriate.

The parties acknowledge that unauthorized investigative or surveillance activity within a private, high-discretion platform constitutes a substantial intrusion into protected privacy interests and may result in significant legal exposure.

Unauthorized Official or Investigative Access

Unauthorized access by any government, law-enforcement, investigative, or media actor without valid legal process constitutes:

• A material breach;
• Unauthorized intrusion into a private platform; and
• Actionable misuse under applicable law.

Swingers Sphere may pursue injunctive relief and lawful damages.

Injunctive Relief

Members acknowledge and agree that any breach involving privacy, confidentiality, anonymity, abuse, or competitive interference constitutes a material breach of this Agreement and causes immediate and irreparable harm for which monetary damages alone would be inadequate.

Accordingly, to the maximum extent permitted by law, Swingers Sphere shall be entitled to seek and obtain temporary, preliminary, and permanent injunctive and other equitable relief, without the requirement of posting bond or proving actual damages, in addition to any other remedies available at law or in equity. Members consent to jurisdiction and venue for purposes of injunctive relief and agree that courts may grant ex parte relief where necessary to prevent imminent harm.

Members further agree that such relief may include, without limitation:

Immediate cessation of the prohibited conduct;

Prevention of ongoing or future violations; and

Enforcement of all privacy, confidentiality, and non-disclosure obligations under this Agreement

Attorneys’ Fees and Costs

To the maximum extent permitted by law, Swingers Sphere shall be entitled to recover all reasonable attorneys’ fees, costs, and expenses incurred in connection with the enforcement of this Agreement, including but not limited to any action arising from a breach, violation, or dispute.

 

Survival

All provisions relating to privacy, confidentiality, non-disclosure, indemnification, enforcement, remedies, dispute resolution, and jurisdiction shall survive termination or expiration of this Agreement to the maximum extent permitted by law.

Misrepresentation & Identity Fraud

You may not knowingly misrepresent your identity, age, relationship status, intent, or the authenticity of images used on the Platform. Images must be current and accurately represent you. Couples may register only with the knowing and mutual consent of all parties.

Knowingly providing false or misleading information to obtain or maintain access constitutes fraudulent access and a material breach, which may result in immediate termination and permanent revocation of access, subject to applicable law.

Privacy, Revenge, and Malicious Exposure

Members shall not engage in revenge conduct, harassment, or retaliation, nor shall they weaponize private communications or disclose, record, transmit, publish, or distribute any Member content, identity, or participation without prior express consent.

Any unauthorized disclosure, dissemination, or use of such information shall constitute a material breach of this Agreement.

Malicious Outing — Enforceable Civil Liability

Where a final adjudication or clear and convincing evidence establishes that a Member has knowingly, intentionally, and maliciously exposed another Member’s identity, likeness, or participation without consent, Swingers Sphere and/or the affected individual shall be entitled, to the maximum extent permitted by law, to pursue:

Immediate injunctive relief, without the requirement of posting bond or proving actual damages; and Liquidated damages of up to USD $10,000,000 per affected individual, assessed as a reasonable, good-faith pre-estimate of anticipated harm and not a penalty, subject to reduction to the maximum enforceable amount permitted by applicable law.

Each act of disclosure or dissemination, and each affected individual, shall constitute a separate and independent violation for purposes of damages and enforcement.

Blackmail, Extortion & Coercion

Any attempt to extract money, favors, silence, or leverage through threats of exposure constitutes a material breach.

Upon factual determination, remedies may include:

• Immediate termination and permanent ban;
• Injunctive relief; and
• Liquidated damages assessed in good faith, up to USD $15,000,000 per violation.

Unauthorized Publishing & “Tell-All” Media

You may not knowingly publish or distribute media that reveals member identities or participation without written consent.

Violations may result in termination, injunctive relief, and liquidated damages assessed in good faith, up to USD $20,000,000 per violation, subject to enforceable limits.

False Criminal or Civil Accusations

Nothing restricts good-faith reporting to authorities. However, knowingly false or malicious accusations, established by final adjudication, constitute a material breach and may require indemnification for resulting damages.

Revenge Porn, Content Misuse & Avatar Integrity

Revenge Porn Prohibition

Knowingly distributing explicit content without consent is prohibited and may result in termination, injunctive relief, and liquidated damages assessed in good faith, up to USD $5,000,000 per violation.

Public Social Media Exposure

Unauthorized posting of member content to public platforms may result in termination and liquidated damages assessed in good faith, subject to enforceable limits.

Avatar Integrity

Avatars must not knowingly misrepresent identity. Repeated or malicious violations may result in permanent revocation.

Event Confidentiality and Interference

All event locations, logistics, access details, and related operational information are strictly confidential and proprietary to Swingers Sphere.

Members shall not knowingly, intentionally, or recklessly disclose such information to any non-member or unauthorized party. Any disclosure made for the purpose of, or with the foreseeable effect of, disruption, interference, exploitation, or harm to the Platform, its events, or its Members shall constitute a material breach of this Agreement.

Remedies

Participant acknowledges and agrees that such conduct causes substantial and irreparable harm. Accordingly, to the maximum extent permitted by law, Swingers Sphere shall be entitled to pursue all available remedies, including but not limited to:

Immediate suspension or permanent ban from the Platform and all affiliated events and services;

Temporary, preliminary, and permanent injunctive relief, without the requirement of posting bond or proving actual damages; and

Liquidated damages of up to USD $6,000,000 per violation, assessed as a reasonable, good-faith pre-estimate of anticipated harm and not a penalty, subject to reduction to the maximum enforceable amount permitted by applicable law. Each unauthorized disclosure or act of interference shall constitute a separate and independent violation for purposes of enforcement and damages.

Government Officials & Institutional Non-Weaponization Clause

1. Private Membership and Privacy as a Material Condition

Swingers Sphere is a private, access-restricted adult membership community intended exclusively for lawful, consensual interaction among adults who share a reasonable expectation of privacy, confidentiality, and anonymity.

By accessing or using the Platform, you expressly acknowledge and agree that:

Privacy, confidentiality, and anonymity are material and non-negotiable conditions of membership;

Any violation of these obligations constitutes a material breach of this Agreement and may result in irreparable harm to Members and the Platform; and

These obligations form a core condition of access, without which membership would not be granted.

2. Prohibition on Outing & Identification of Protected Participants

You agree that you shall not identify, expose, disclose, confirm, imply, or facilitate the identification—directly or indirectly—of any member who is or may reasonably be perceived to be:

A judge, magistrate, judicial officer, or court employee;

A law-enforcement officer, agent, investigator, or contractor;

A government employee at the federal, state, county, municipal, or special district level.

An elected or appointed official, regulator, or public servant.

This prohibition applies to disclosures made intentionally or negligently, whether true or false, and regardless of motive, including disclosures made to spouses, employers, agencies, boards, courts, licensing authorities, media, or third parties.

You expressly waive any claim that truth, public curiosity, moral objection, or alleged public interest excuses a breach of this obligation, except as expressly permitted under Section 4 (Limited Crime Reporting Carve-Out). “Requests for injunctive or equitable relief do not adjudicate liability or damages, which remain subject to arbitration.”

3. Prohibition on Institutional or Governmental Weaponization

You further agree that you shall not use, disclose, submit, reference, or facilitate the use of any information originating from or connected to Swingers Sphere for purposes of:

Professional discipline, censure, investigation, suspension, termination, or employment action;

Judicial, ethics, licensing, or regulatory proceedings;

Civil, administrative, or employment disputes unrelated to violent criminal conduct.

This obligation applies whether such use is formal or informal, direct or indirect, voluntary or encouraged. Nothing in this clause shall be construed as requiring any party to violate a lawful court order, warrant, or subpoena; however, voluntary, informal, or extra-process disclosures are strictly prohibited.

4. Limited Crime Reporting Carve-Out

This clause does not prohibit reporting of specific, credible threats of serious violent felony conduct unrelated to lawful, consensual adult activity.

This carve-out shall be narrowly construed and shall not apply to:

Ethics complaints;

Professional conduct reports;

Reputational allegations;

Private sexual conduct;

Claims based solely on morality, optics, or appearance-of-impropriety standards.

5. Liquidated Damages

You acknowledge and agree that violations of this clause result in damages that are inherently difficult or impossible to quantify, including loss of career, constitutional injury, reputational harm, emotional distress, and destruction of privacy expectations. The parties further acknowledge that reputational, professional, and career harm to public officials, judicial officers, law-enforcement personnel, and government employees is uniquely severe, foreseeable, and disproportionate in impact, thereby justifying elevated liquidated damages. Specifically, the parties acknowledge the following harm basis for each tier: (a) individual-level outing exposes a protected participant to irreversible career consequences, security-clearance revocation, licensing jeopardy, judicial disciplinary proceedings, custody implications, and permanent loss of anonymity, each of which is independently incapable of full monetary compensation; (b) institutional or governmental use of platform information creates compounding harm across professional, regulatory, and personal dimensions simultaneously, with long-tail consequences that may persist for the duration of the affected individual’s career; and (c) mass, media, or repeated disclosures cause community-wide destabilization, chilling effects on lawful private conduct, and platform-level harm that affects the safety and privacy expectations of all members, the full extent of which cannot be determined at the time of breach. The tiered structure reflects these distinctions and represents a reasonable, proportionate allocation of foreseeable risk at the time of contracting.

Accordingly, the parties agree to the following liquidated damages, which represent good-faith estimates of anticipated harm and are not intended as penalties:

Tier I — Individual Disclosure or Outing

Up to USD $50,000,000 per affected individual, payable to the affected member;

Up to USD $50,000,000 per incident, payable to Swingers Sphere.

Tier II — Institutional or Governmental Use

Up to USD $75,000,000 per affected individual, payable to the affected member;

Up to USD $75,000,000 per incident, payable to Swingers Sphere.

Tier III — Mass Disclosure, Media Exposure, or Repeated Conduct

Up to USD $100,000,000 per affected individual, payable to the affected member;

Up to USD $100,000,000 per incident, payable to Swingers Sphere.

Each disclosure, communication, report, or act of facilitation shall constitute a separate incident.

Judicial Reduction Acknowledgment

If a court or arbitrator determines that any liquidated amount exceeds what is enforceable under applicable law, the parties expressly authorize reduction of such amount to the maximum enforceable level consistent with the parties’ intent, rather than invalidation.

6. Injunctive Relief

You agree that monetary damages alone are insufficient. Swingers Sphere and affected members shall be entitled to immediate injunctive and equitable relief, including temporary restraining orders and permanent injunctions, without the necessity of posting bond, to prevent or halt any actual or threatened breach.

7. No Platform Liability & Indemnification

You expressly agree that Swingers Sphere bears no responsibility for third-party reactions, professional discipline, reputational harm, or institutional actions arising from your conduct.

You agree to indemnify, defend, and hold harmless Swingers Sphere, its operators, affiliates, and members from any claim, investigation, proceeding, or demand arising from your breach of this clause.

8. Survival, Severability & Enforcement Priority

This clause shall survive termination, account deletion, or cessation of use. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Mandatory Swingers Sphere Arbitration & Enforcement Clause

Governing Public Elected Officials, Judicial Officers, Law-Enforcement Personnel, and Government Employees at All Levels

Mandatory Arbitration; Swingers Sphere Proceedings

Any dispute, claim, or controversy arising out of or relating to:

Membership in Swingers Sphere;

Use of the Platform;

Alleged outing, disclosure, identification, or institutional weaponization;

Enforcement of confidentiality, privacy, or non-use obligations;

shall be resolved exclusively by binding arbitration, and not in any court, except for actions seeking injunctive or equitable relief as expressly permitted below.

Arbitration shall be:

Confidential (existence, filings, testimony, evidence, and outcome);

Conducted on an individual basis only (no class, collective, or representative actions);

Administered by the American Arbitration Association (AAA) or JAMS, at the election of Swingers Sphere, under their commercial arbitration rules, as modified by these Terms;

Heard by a single arbitrator with demonstrated experience in privacy, contract, and injunctive-relief matters.

The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms.

Seat, Law & Procedure

Governing Law: Law of the State designated in the Terms of Service (excluding conflict-of-laws rules);

Seat of Arbitration: New York, New York, or as otherwise designated by Swingers Sphere in writing.

Language: English; Discovery: Strictly limited and subject to confidentiality orders.

 

Swingers Sphere Arbitration

You agree that:

All arbitration proceedings shall be sealed and non-public.

No party may disclose the existence, content, or outcome of arbitration to any third party except as required to enforce an award or comply with lawful orders; Any breach of arbitration confidentiality constitutes a separate material breach, subject to injunctive relief and liquidated damages.

Injunctive Relief Carve-Out

Notwithstanding the arbitration requirement, Swingers Sphere and/or affected members may seek immediate injunctive or equitable relief in a court of competent jurisdiction without bond to prevent or stop:

Outing or identification of protected participants.

Disclosure to employers, agencies, courts, boards, or media;

Ongoing or threatened institutional weaponization.

Such actions do not waive arbitration for all other issues.

Enforcement of Liquidated Damages

The arbitrator is expressly authorized to: Award liquidated damages as specified in the Anti-Outing & Non-Weaponization Clause; Apply the judicial-reduction acknowledgment to enforce damages at the maximum lawful level rather than invalidate them; Award attorneys’ fees, costs, and enforcement expenses to the prevailing party.

Class-Action Waiver

You expressly waive any right to participate in any class, collective, representative, or consolidated action relating to Swingers Sphere, whether in arbitration or court. Survival: This arbitration clause survives termination, account deletion, and cessation of use. 

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