Terms and Conditions

 Swingers Sphere – Grafenberg Entertainment Networks, LLC – Terms and Conditions Legally Binding Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "your") and Swingers Style, operated by Grafenberg Entertainment Networks, LLC. By accessing, browsing, or using any of our services through Swingers Sphere (the “Website”), you represent and warrant that:

  1. You are at least 18 years old,
  2. You have reached the age of majority and legal consent in your jurisdiction
  3. You agree to be bound by these Terms.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Service Overview

Swingers Sphere is the world’s only legally engineered, members-only platform where every member is afforded a “reasonable expectation of privacy”. The platform was invented to safeguard the privacy, safety, and rights of consenting adults engaged in ethical non-monogamy. Grounded in the legal precedents set forth by the U.S. Supreme Court in Katz v. United States (1967) and Carpenter v. United States (2018), Swingers Sphere goes beyond mere discretion—we provide a constitutionally recognized “reasonable expectation of privacy” platform that no other lifestyle community in the world will never be able to offer. We Innovate what excites and aim to create new and exciting possibilities for society at large to many generations to come.

All members data, community interaction, and event participation are governed by strict confidentiality and non-disclosure protocols. Swingers Sphere functions in partnership with Fusex Social Club LLC, its exclusive event provider, to offer secure, invite-only gatherings in legally compliant venues. This closed network ensures participants' professional and personal reputations remain protected while fostering lawful social expression within a clearly defined private context.

By accessing the Website or mobile application, you ("User", "Member", or "You") agree to be legally bound by:

  1. These Terms of Use
  2. The Member Agreement
  3. Our Privacy Policy
  4. Cookie Policy
  5. Non-Disclosure Agreement (NDA)
  6. Release of Liability Agreement

Joining as a single male, single female, queer individual, couple, triad, or other gender identity means these Terms apply to you. Attendance at events hosted by Fusex Social Club also implies acceptance. We may transfer our rights and obligations under these Terms to another organization. You may not transfer your rights under these Terms without written consent.

APPLICATION AND REGISTRATION PROCESS

To gain access to the app and website, prospective users will be asked to complete a brief application, with accepted users being offered membership for a fee. All applications will be considered; however, we reserve complete control and sole discretion regarding who is granted membership. Among the factors that our membership committee considers in reviewing applications is the extent of the applicant’s connection to existing members, as we’ve found an existing “real world” network within the community to be among the best indicators of an applicant’s engagement and enjoyment on the app and website. Those who are not granted access will be placed on our waitlist, which is continually reviewed by a dedicated team for additional applicants to be admitted. By applying, you agree to receive text messages and emails from us regarding, among other things, the status of your application. You will be required to register with Swingers sphere and provide certain information in order to activate a membership or otherwise access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy.

Upon acceptance as a member, applicants will be required to select a subscription option from among various prices and durations. Payments automatically renew until canceled and are subject to the terms and conditions applicable to the payment method. In addition to membership subscription fees, users have the ability to attend Fusex Social club events. We reserve the right to raise or lower the cost of our membership subscription fees, in-app purchases and other charges, and to create additional tiers or types of membership, at any time. As we use third-party services for payment processing, we do not have access to or store your payment information, and we do not offer refunds for any reason other than as set forth in the Terms of Use. Unused purchases and any unused portion of a subscription will not be refunded upon the expiration or termination of a user’s membership.

Upon joining the Service, you will be responsible for maintaining the confidentiality of your password and account, the accuracy of your information, and will be fully responsible for all activities that occur under your account. You agree to (a) immediately notify Swingers sphere  of any unauthorized use of your password or account or any other breach of security, (b) keep your information current and accurate at all times, (c) ensure that you exit from your account at the end of each session when accessing the Service, and (d) implement the necessary security safeguards on any device you use to access the service. In addition to the disclaimers and limitations set forth below, Swingers sphere will not be liable for any loss, injury or other damage arising from your failure to comply with this Section. By submitting an application, creating an account, RSVPing to an event, attending an event or otherwise using the Service, you represent and warrant that you can form a binding contract with  Swingers sphere , you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations. By using the Service, you represent and warrant that you are legally permitted to use the Service by the laws of your county, that you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

Communication with other members

We make no representations or warranties as to the conduct of our members or their compatibility with any current or future members. For instance, we make no representations or guarantees as to the number of active members on the Site or Platforms (and/or in your geographic area) at any given time, the ability or desire of other members to communicate with or meet you, your compatibility with any members, or the conduct of other members.

We maintain the right, though we are not obligated, to oversee all interactions between you and other members utilizing our Services. We may take any action we deem necessary in good faith to limit access to, or the availability of, any content that we or another member of our Services might find to be: illegal; obscene; lewd; lascivious; filthy; violent; harassing; pedophilic; abusive; exploitative; suggestive of prostitution, solicitation, human trafficking, drug trafficking, arms/weapons trafficking, financial fraud, blackmail, or incitement to violence or terrorism; or otherwise objectionable. By using our Services, you explicitly consent to this policy. You acknowledge and agree that communications exchanged between you and other members of the Services, which are not easily accessible to the public, may be subject to our review for adherence to these Terms. However, such communications will generally be regarded as private, except in the following circumstances: (i) if we receive a subpoena, court order, search warrant, or similar legal obligation to reveal Your Content; and/or (ii) if we become aware of signs of criminal activity (including potential pedophilia or other forms of exploitation or abuse of minors), in which case we reserve the right to report to the relevant legal authorities.

Disputes between Members


You bear full responsibility for your interactions with other users of our Services, which includes the content you share on the Services (both in your profile and in your messages to other users). COMMUNICATIONS RECEIVED THROUGH THE SERVICES, INCLUDING AUTOMATED NOTIFICATIONS SENT BY SWINGERS SPHERE, MAY OCCUR DUE TO MEMBERS USING THE SERVICES FOR LAWFUL PURPOSES.

Acknowledgement of Community and Waiver

By agreeing to these Terms, you are joining a private community of individuals who find monogamy too restrictive and seek connection through ethical non-monogamy. You acknowledge that:

  • You understand and agree to these legally binding Terms
  • You are voluntarily surrendering certain legal rights to participate
  • You must discontinue use of our website/App or Services immediately if you do not accept any portion of these Terms

Legal Notice and Summary

This Agreement—along with the Privacy Policy, NDA, Cookie Policy, and Release of Liability—is a binding contract between you and Swingers Sphere, a Grafenberg Entertainment Networks, LLC company, and Fusex Social Club LLC.

IMPORTANT: DO NOT ACCESS THIS WEBSITE OR REGISTER AS A MEMBER IF YOU DO NOT AGREE TO BE PERMANENTELY LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

Swingers Sphere  reserves the right to modify these Terms at any time, with or without notice. The date of the most recent revision is indicated at the top of this page. Continued use of the Website or Services constitutes your acceptance of the updated Terms.

1. Legally Binding Agreement

These Terms, along with the Member Agreement, Privacy Policy, Cookie Policy, Non-Disclosure Agreement (NDA), and Release of Liability Agreement, form a legally binding contract between you and Swingers Sphere, operated by Grafenberg Entertainment Networks, LLC.By accessing the Website, using our services, or registering as a Member (either as a free user or paid subscriber), you agree to these Terms. We may modify these Terms or any associated policies at our sole discretion at any time. Updates will be posted on the Website, and your continued use of our services constitutes acceptance of any modifications. If you disagree with any changes, you must stop using the services immediately.

These Terms include, but are not limited to:

  • Swingers Sphere’s Acceptable Use Policy
  • Law Enforcement Disclosure Clause
  • Qualified Immunity Waiver Clause
  • Exigent Circumstances Clause
  • Media Disclosure Clause
  • Business/Corporate Employer Disclosure Clause
  • Website Member Prohibition Clause
  • Malicious Intent Event Disclosure Clause
  • NDA and Release of Liability Agreement
  • Non-Disparagement Clause

Summary: By using this site, you agree to all policies listed above. Your continued use means you accept any future modifications.

2. Account Eligibility & Your Responsibilities

Eligibility Requirements

You may only use our Services if:

  1. You are at least 18 years old
  2. You have reached the legal age of majority in your jurisdiction
  3. You have the legal capacity to enter a legally binding contract
  4. You are not prohibited from accessing the Website under any applicable law

You further agree:

  1. To comply with all laws and regulations applicable in your jurisdiction
  2. Not to allow any minor to access the site
  3. To implement reasonable measures (such as parental controls) to prevent unauthorized use by minors
  4. To notify us immediately if you discover that a minor is using the platform, whether willingly or not

The service is not intended for use by individuals under 18. While we verify eligibility to the best of our ability, we are not responsible for members who misrepresent their age. We don’t deliberately allow minors access to our services.

Community Standards and Legal Representation

By using this site, you affirm:

I. You are voluntarily accessing adult content for your personal interest, which you believe to be normal, healthy, and generally accepted in your community.

ii. You are not accessing the site from a jurisdiction where doing so violates the law.

iii. You are not a habitual offender, convicted felon, or violent criminal.

iv. You have not been convicted of domestic violence or intimate partner abuse, which includes stalking, psychological harm, or physical/sexual assault.

v. You consent to random real-time criminal background checks. Grafenberg Entertainment Networks, LLC, Swingers Sphere, and event host Fusex Social Club reserve the right to conduct these checks at their discretion.

You represent and warrant that you:

  1. Have never been convicted of hate crimes, sex trafficking, sexual assault, or any violent misdemeanor/felony
  2. Understand that pleas like Nolo contendere “Alford,” “No Contest,” or “Stay of Adjudication” are considered criminal convictions.
  3. Are not listed on any government sex offender registry
  4. Are not affiliated with prostitution, human trafficking, sex cults, gangs, or terrorist organizations
  5. Have never committed or been convicted of a range of serious crimes including but not limited to:

If you are found to have violated any of these representations, your account will be terminated without a refund.

3. Your Obligations

By using the Swingers Sphere platform and services, you agree that

  1. You have the full legal authority and capacity to enter and comply with these Terms.
  2. You will not use the Service to infringe on or violate any third-party rights, including copyrights, trademarks, publicity rights, or privacy rights.
  3. You will comply with all applicable local, state, national, and international laws when using the Website or engaging with other members.
  4. You will not use the Service if you have ever been convicted of a sexual offense or if you currently have such charges pending.
  5. You own, or have the legal right to use, all content you upload or submit to the Website, and that such content will not violate any third-party rights.

Important: You are solely responsible for any legal consequences arising from your failure to adhere to this section. We are not liable for any damage you incur as a result of violating these obligations.

Maliciously targeting famous or wealthy individuals

Joining the Swingers Sphere platform for the purpose of accessing, exploiting, or entrapment of high-profile or financially successful individuals—followed by the assertion of unfounded claims, including but not limited to allegations of sexual misconduct, sex trafficking, racketeering, or other civil or criminal offenses—is strictly prohibited under this Agreement.

Swingers Sphere affirms its compliance with applicable laws and does not enforce Non-Disclosure Agreements (NDAs) in situations involving credible allegations of criminal activity, including sexual assault, in accordance with public policy exceptions recognized in Tarasoff v. Regents of the University of California, 17 Cal.3d 425 (1976), and Branzburg v. Hayes, 408 U.S. 665 (1972), which support the disclosure of information necessary to protect public interest or prevent harm.

However, in cases where such accusations are found to be knowingly false, malicious, or result in a Not Guilty verdict in a court of competent jurisdiction, the accuser hereby irrevocably agrees—as a precondition to platform use—to indemnify and compensate the accused party in the amount of five (5) times their prior calendar year’s total earnings, including all personal and business income, gross of deductions.

Pursuant to this clause and as authorized under the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN), this agreement is enforceable upon electronic consent to the platform’s Terms of Service.

Any breach of this provision will result in:

  • Immediate termination of account access,
  • Permanent revocation of membership, and
  • Automatic cancellation of any NDA protections previously in place under this platform.

Pseudonym Agreement

Regardless of jurisdiction, by becoming a member of the Swingers Sphere community, you agree to use your legal name should you choose to initiate legal action against Swingers Sphere. Swingers Sphere reserves the right to protect the identity and confidentiality of any individual we determine to be a victim or witness. This includes safeguarding:

  • Victim information found in police, arrest, or investigative reports
  • IP addresses
  • Personally identifiable information such as:
    • Full names
    • Political Affiliation
    • Law Enforcement Affiliation 
    • Addresses
    • Military affiliation
    • Telephone numbers
    • Health records
    • Pictures.
    • Driver’s license or state-issued ID numbers
    • Social Security numbers
    • Date of birth
    • Employment details
    • Employee ID numbers
    • Financial information including deposit, checking, or savings account numbers, and credit card numbers

Right to File on Behalf of Victims

By joining Swingers Sphere, you agree that the organization retains the legal authority to file civil or criminal lawsuits on behalf of any identified victim under a pseudonym, to preserve a victim anonymity and ensure their safety.

4. Account Credentials and Security

You are fully responsible for maintaining the confidentiality of your Swingers Sphere login credentials. This includes:

  • Your username and password
  • The email account associated with your profile
  • Any device used to access the Website or mobile application
  • Any credit card or other payment method associated with your account

By using our Services, you agree to:

  1. Immediately notify us of any unauthorized use of your account or any suspected security breach.
  2. Log out of your account at the end of each session to prevent unauthorized access.
  3. Avoid sharing your login credentials with any other person or party.

Security Best Practices

Avoid using public Wi-Fi hotspots, which often lack proper encryption and expose users to cybersecurity risks. If necessary, use a secure and encrypted personal hotspot or mobile data connection when accessing sensitive account features.

You are solely responsible for all activity conducted through your account, regardless of whether you authorized it. Swingers Sphere is not liable for any loss or damage resulting from your failure to comply with these security practices.

5. Email Communications

Subject to applicable local laws and privacy regulations, you agree that Swingers Sphere and its affiliated entities may send you communications related to:

  • Your membership account
  • Updates to the Services
  • Promotional content from Swingers Sphere or approved third parties

These communications may be delivered via email or other electronic means. All legal notices, disclosures, agreements, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Opting Out

You may opt out of receiving promotional or marketing emails by clicking the “Unsubscribe” link located at the bottom of any marketing communication. However, you cannot opt out of transactional or operational emails, such as those related to your account status, subscription, billing, or service interruptions.

6. Account Termination, Deletion, and Deactivation

By You (The Member)

You may  deactivate or delete your account at any time by:

  • Logging into your account and selecting the appropriate account termination option, or
  • Sending a written or email notice to Swingers Sphere requesting termination
  • Termination is effective immediately upon receipt and processing your request.

By Swingers Sphere

We may suspend or terminate your access to our Services at any time, with or without notice, for any of the following reasons:

  • Breach of these Terms
  • Violation of applicable laws or regulations
  • Any behavior deemed harmful to the community, brand, or platform integrity
  • Non-payment or inactive membership status
  • Racism or Sexism Behavior
  • Hostile or aggressive actions directed at any member of the platform, whether in online or offline settings, or during any meet and greet or events.

Unless otherwise stated in these Terms or required by applicable law, terminated accounts are not entitled to refunds for any remaining subscription time, credits, or membership perks.

7. True Signature Requirements

Due to the sensitive and exclusive nature of our Services and events, Swingers Sphere and Fusex Social Club operate within highly regulated and restricted environments. For your own protection and the integrity of the community, you agree to the following:

  1. You must use your real, legal name and signature when accepting this Agreement.
  2. You must provide valid state-issued identification upon request.
  3. Your signature and ID will be verified using LexisNexis TrueID or a comparable identity verification service.

Prohibited Conduct and Consequences

The use of a false name, forged signature, or fraudulent ID constitutes forgery, which is a felony offense in all 50 U.S. states. If you are found to have submitted false identity information:

  • Your membership will be permanently revoked
  • You will be banned from all Swingers Sphere and Fusex Social Club platforms
  • No refunds will be issued
  • You may be subject to investigation and prosecution

Forgery is defined as the intentional falsification of documents, signatures, or credentials with the intent to deceive. Involvement in such acts may be treated as criminal fraud and referred to law enforcement.

8. Non-Disparagement Clause

Effective from the date you become a member of Swingers Sphere or Fusex Social Club, you agree to refrain from making any disparaging, defamatory, or damaging remarks about the platform, its affiliates, partners, staff, or members.

You specifically agree that you shall not:

  • Make, publish, or circulate any oral or written statement that discredits, defames, denigrates, or harms the name, brand, goodwill, or reputation of Swingers Sphere, Fusex Social Club, or their affiliates
  • Encourage or assist others in making such statements
  • Publish or post negative or harmful content on any medium, including social media, online forums, blogs, news sites, or in the press

Definition of Disparagement

For purposes of this Agreement, the term "disparage" includes but is not limited to:

  • Any negative comment, accusation, insinuation, or implication made to any third party
  • Public statements or interviews mentioning Swingers Sphere or Fusex Social Club in a defamatory, misleading, or damaging manner
  • Written or verbal commentary likely to adversely affect the brand, operations, or community standing of the company or its members

Liquidated Damages

You agree that any violation of this clause shall result in liquidated damages, as follows:

  • $375,000 per violation for disparaging or defamatory comments shared with private individuals or small groups
  • $12,500,000 per violation for any disparaging or defamatory remarks published or broadcast via:
    • Television networks
    • News organizations
    • Social media platforms
    • Online newspapers, blogs, or aggregators
    • Tabloid journalism
    • Radio programs
    • Any form of mass media or public platform

You expressly agree that these amounts represent a reasonable estimation of damage caused to Swingers Sphere and Fusex Social Club by such conduct and are not considered penalties, but enforceable contractual terms. This clause shall be governed by and construed under the laws of the State of New York, and both parties irrevocably submit to the jurisdiction of the state and federal courts located within New York for any legal action related to this provision.

9. Cooperation Clause

As a member of Swingers Sphere or Fusex Social Club, you agree that if you become the subject, witness, or victim in a civil or criminal matter, you will fully cooperate with the company and its legal counsel in any related investigation, litigation, or government inquiry.

This includes:

  • Providing truthful statements
  • Responding to reasonable requests for information
  • Participating in depositions or interviews, if applicable
  • Signing documentation when legally appropriate

You further agree to render such cooperation in a timely manner upon reasonable notice from Swingers Sphere or Fusex Social Club. This obligation survives the termination of your membership and applies to any investigation or legal matter arising during or as a result of your time as a member. You agree that any violation of this clause shall result in liquidated damage, as follows: $575,000 per violation.

Confidentiality and Non-Disclosure Agreement

This Confidentiality and Non-Disclosure Agreement (the “Agreement”) is entered into and made effective upon your first use of the Swingers Sphere website or attendance at any current or future events hosted by Swingers Sphere or its event partner, Fusex Social Club (“the Social Club”).

This Agreement is legally binding upon all members of the Swingers Sphere platform, guests, contractors, and attendees of Fusex Social Club events and shall remain in perpetual effect.

Purpose of Agreement

This Agreement exists to protect the confidentiality of all personal, social, and professional information related to Swingers Sphere members and Fusex Social Club attendees, staff, contractors, and management. You agree never to disclose, share, or publicly discuss any details—explicit or implied—about the identities, affiliations, activities, or experiences related to Swingers Sphere or Fusex Social Club.

Definition of Confidential Information

Confidential Information” refers to all non-public information related to:

  1. Identities and contact information of Swingers Sphere or Fusex Social Club members and guests
  2. Place of employment, profession, or business affiliations
  3. Sexual orientation, preferences, or behavior
  4. Health-related or medical disclosures
  5. Political affiliations
  6. Internal club policies, procedures, event locations, finances, trademarks, or intellectual property
  7. Any notes, studies, or materials prepared by a member or guest that include or reflect such information

Obligations of Confidentiality

By becoming a member or guest, you agree to:

  1. Not disclose or share any confidential information with third parties, non-members, press, or the public.
  2. Not harass, blackmail, or threaten any current or former members, staff, or contractors associated with the Club.
  3. Not record, screenshot, capture, or publish any images, text messages, emails, voice recordings, or event-related communications without express consent.

You specifically agree:

  • Not to out any member, guest, or staff associated with Swingers Sphere or Fusex Social Club.
  • Not to blackmail or threaten any individual affiliated with the website or the Social Club.
  • Not to write or publish any books, blog posts, interviews, or media content without explicit, written consent from the parties involved.
  • Not to make false criminal or civil accusations against any member or entity associated with Swingers Sphere or Fusex Social Club.
  • Not to use any information for revenge porn, extortion, or malicious defamation.
  • Not to disclose event times, dates, or locations to any non-members under any circumstance.

Acknowledgment of Confidential Exposure

You acknowledge that your membership may expose you to deeply personal and sensitive information about others. If you leak, disclose, or exploit such information and it results in:

  • Financial loss
  • Emotional distress
  • Reputational damage
  • Termination from employment
  • Physical injury
  • Legal harm

You agree to be held liable for monetary damages, including but not limited to:

  • Court costs
  • Attorney’s fees
  • Back pay or lost wages
  • Medical expenses

Confidentiality and Non-Disclosure Violation Clause

Should you violate any provision of this Confidentiality and Non-Disclosure Agreement, you agree to pay $6,500,000 USD per violation to Swingers Sphere as liquidated damages. Furthermore, if your actions in breach of this Agreement cause any member of the platform to suffer financial loss, emotional distress, reputational harm, termination from employment, or physical injury, you agree to compensate the affected member(s) in an amount equal to five (5) times their total annual salary from the previous calendar year, plus the full amount of their personal and business income (pre-tax) for that year.

Any breach of this Confidentiality and Non-Disclosure Agreement will also result in the immediate termination of your account and the automatic cancellation of all existing non-disclosure agreements associated with you.

False Accusations

This Agreement prohibits false claims of criminal or civil wrongdoing. A false accusation is defined here as an allegation that is:

  • Knowingly untrue
  • Unsupported by facts or evidence
  • Filed with malicious or financial intent (“money grab”)

If an investigation concludes that you made a false accusation:

  • You agree to compensate the harmed party
  • You accept responsibility for all damages, fees, and related losses
  • Your membership will be terminated permanently

Accidental Waiver and Release of Liability Agreement

This Accidental Waiver and Release of Liability (the “Waiver”) is entered into and made effective upon your first use of the Swingers Sphere website or your attendance at any current or future events hosted by Swingers Sphere or Fusex Social Club (collectively referred to as “the Club”).This Waiver remains in perpetual effect and applies to all participation in Club activities, both online and in-person, regardless of the event's location.

1. Assumption of Risk

By accessing the Swingers Sphere website or participating in any Club event, you voluntarily assume all risks associated with adult social interaction and physical or sexual activity in these environments. This includes, but is not limited to:

  • Emotional distress
  • Physical injury
  • Illness or disease
  • Data breaches
  • Accidental death
  • Property loss or damage
  • Legal or reputational consequences

You understand and accept that participation in these activities involves inherent and non-inherent risks, and you voluntarily assume full responsibility for your participation.

2. Release of Liability

You hereby release, waive, and discharge the following parties from any and all liability, claims, demands, or legal responsibility:

  • Swingers Sphere
  • Fusex Social Club
  • Grafenberg Entertainment Networks, LLC
  • Any of their vendors, contractors, staff, owners, hosts, or volunteers

This includes, without limitation, any claims resulting from:

  • Negligence or gross negligence
  • Accidents or injuries at event venues
  • Data breaches or privacy violations
  • Emotional or psychological harm
  • Legal proceedings initiated by third parties

You acknowledge that the services are provided on an “as is” and “as available” basis, and no guarantees are made regarding the quality, safety, or outcome of any service or event.

3. Indemnification

You agree to indemnify and hold harmless Swingers Style, Fusex Social Club, Grafenberg Entertainment Networks, LLC, their officers, directors, affiliates, employees, contractors, and agents from any loss, damage, or expense—including reasonable attorney’s fees—arising from:

  • Your actions or behavior at any event
  • Any breach of this Waiver or Terms of Service
  • Any third-party claims made against the Club due to your conduct

You agree to fully cooperate with any legal defense related to such matters, and the Club reserves the right to assume exclusive control over such defense.

4. Medical Consent

If you suffer an injury or medical emergency during any Club event:

  • You authorize Swingers Sphere and Fusex Social Club to seek medical treatment on your behalf
  • You assume full responsibility for the cost of such care
  • You release the Club and all affiliates from any liability related to emergency medical action

5. Applicability Regardless of Location

This Waiver applies to all  Fusex Social Club activities, Swinger’s sphere events, excursions, and meetups, including those hosted:

  • Off-site
  • Outside your home state or country
  • In rented or private venues not owned by Swingers Sphere
  • The Waiver remains in full effect regardless of where the event takes place.

6. Legal Scope and Enforceability

This Waiver is intended to be as broad and inclusive as permitted by law. If any provision is found to be unenforceable, the remainder shall remain in full force and effect.

This Waiver is governed by the laws of the State of New York, and both parties irrevocably consent to the jurisdiction of state and federal courts located in New York.

Waiver of Jury Trial

Both parties waive any right to a trial by jury in any legal action or proceeding related to this Agreement.

7. Acknowledgment and Consent

By using the website or participating in any swinger’s sphere event, you affirm that:

  • You have read this Waiver
  • You fully understand its contents
  • You agree to be legally bound by its terms
  • You acknowledge this is a legally binding contract and a release of liability
  • You are signing and accepting it voluntarily and electronically of your own free will

Code of Conduct

As a condition of accessing Swingers Sphere and attending any events hosted by Swingers Sphere or Fusex Social Club, all members, guests, and contractors agree to uphold the highest standards of personal behavior and mutual respect. This Code of Conduct (the “Code”) applies both online and in-person and is enforced without exception.

1. General Conduct Standards

You agree to:

  • Treat all individuals with dignity and respect
  • Refrain from harassment, intimidation, or discrimination
  • Respect the privacy and confidentiality of other members
  • Alert staff if you witness a dangerous situation or someone in distress
  • Adhere to all club policies, event guidelines, and applicable laws
  • Comply with requests from authorized staff and security personnel

2. Prohibited Conduct

Without limitation, you agree that you will NOT:

A. Violated any Law or Platform Terms

  1. Violate any local, state, or federal laws
  2. Use the platform to solicit prostitution or illegal services
  3. Use Swingers Sphere to organize or promote external swinger events or clubs
  4. Reverse engineer or tamper with the platform
  5. Web scrape, data mining. Data mining is the process of extracting and finding patterns in massive data sets involving methods at the intersection of machine learning, statistics, and database systems.
  6. Share or publish event times, dates, or locations with non-members

B. Slander, Harassment, or Defamation

  1. Verbally or publicly slander Swingers Sphere, Fusex Social Club, or its members
  2. Post or share libelous, defamatory, or false information about others
  3. Harass, stalk, or threaten any member, guest, or staff
  4. Disclose another user’s identity or private information without their consent
  5. Falsely represent yourself or impersonate another person or entity

C. Technical and Security Misuse

  1. Interfere with or damage the platform or services (e.g., viruses, bots, denial of service)
  2. Circumvent security or access controls
  3. Collect, store, or misuse another user's data or profile

D. Inappropriate Content

  1. Post, upload, or transmit offensive, vulgar, or sexually explicit material involving individuals under 18
  2. Share or promote illegal substances or glamorize drug use
  3. Publish misleading, illegal, or unauthorized copyrighted material
  4. Share spam, chain letters, or unauthorized commercial advertising
  5. Post violent, graphic, or threatening content, or content that glamorizes abuse

3. Community-Specific Violations

You specifically agree:

  • Not to solicit other members for competing events, groups, or websites
  • Not to engage in revenge porn or leak private messages, photos, or videos
  • Not to record, capture, or stream any portion of in-person events
  • Not to recruit members into cults, extremist groups, or political organizations
  • Not to use the platform to “catfish” or fraudulently present your identity

4. Sexual Misconduct and Safety

You agree not to:

  • Engage in any sexual activity without full, affirmative, and ongoing consent
  • Coerce, pressure, or manipulate anyone into sexual behavior
  • Participate in or promote non-consensual acts, assault, or non-consensual voyeurism
  • Use the platform or events for sex work, trafficking, or financial exploitation
  • Allow a minor to access the platform.

Swingers Sphere Community consent

Swingers Sphere community Consent is an agreement between participants to engage in sexual activity. Consent should be clearly and freely communicated. A verbal and affirmative expression of consent can help both you and your partner to understand and respect each other’s boundaries.

Consent cannot be given by individuals who are intoxicated or incapacitated by drugs or alcohol, or asleep or unconscious. If someone agrees to an activity under pressure of intimidation or threat, that isn’t considered consent because it was not given freely.

5. Consequences of consent Violations

Violations of this Code may result in any or all of the following actions:

  • Immediate termination of your account without refund
  • Permanent ban from all future events and activities
  • Mandatory Notification to law enforcement
  • Civil or criminal legal action if warranted by the offense
  • Disclosure of your actions to affected parties or legal counsel

Swingers Sphere and Fusex Social Club reserve the right to modify or expand this Code at any time and enforce it in accordance with our sole discretion and applicable law.

Part 4: Digital Millennium Copyright Act (DMCA) Compliance

Swingers Sphere respects the intellectual property rights of others and expects all users and members to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted the following policy regarding claims of copyright infringement.

If you believe that your copyrighted work has been copied, posted, or otherwise made available on Swingers Sphere in a way that constitutes copyright infringement, you may file a DMCA Takedown Notice.

Submitting a DMCA Takedown Notice

To submit a valid DMCA notice, you must include all of the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
  2. A clear description of the copyrighted work you claim has been infringed.
  3. The exact location (URL or description) of the material on our platform that you claim is infringing.
  4. Contact information reasonably sufficient to reach you, such as your name, physical address, telephone number, and email address.
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Please send your complete DMCA Takedown Notice to our Designated Copyright Agent at:

Copyright Agent
Grafenberg Entertainment Networks, LLC

1309 Coffeen Avenue STE 1200

Sheridan, Wyoming 82801

Submitting a DMCA Counter-Notification

If you believe that your material was removed in error, you may file a Counter-Notification with us by providing the following information to the same contact listed above:

  1. Your physical or electronic signature.
  2. A description of the material that has been removed or disabled and the location at which the material appeared before it was removed, or access was disabled.
  3. A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled because of a mistake or misidentification.
  4. Your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the federal court located in the judicial district of your residence, or if you are outside the U.S., the judicial district where the Company is located, and that you will accept service of process from the person who submitted the DMCA notice or their agent.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, Swingers Sphere may, in appropriate circumstances and at its sole discretion, terminate accounts of repeat infringers. We reserve the right to take legal action and seek damages against users who abuse the DMCA process or make fraudulent claims.

Part 5: Legal Enforcement & Governing Law

This Agreement—including but not limited to the Confidentiality and Non-Disclosure Agreement, the Accidental Waiver and Release of Liability, the Code of Conduct, and DMCA Compliance—is a legally binding contract between you and Grafenberg Entertainment Networks, LLC, operator of Swingers Sphere and official affiliate of Fusex Social Club.

By accessing or using our services, attending our events, or entering any related communication with the Club or its affiliates, you agree to be legally bound by the terms contained herein.

Governing Law

These Terms shall be governed by and interpreted under the laws of the State of New York, without regard to its conflicts of law provisions. Any disputes, claims, or controversies arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in New York.

Jurisdiction and Venue

Both parties irrevocably submit to the personal jurisdiction and venue of the courts of New York for the purpose of resolving any legal disputes under this Agreement.

You waive any objection to:

  • The laying of venue in New York
  • Any claim that a court in New York is an inconvenient forum

Waiver of Jury Trial

To the fullest extent permitted by law, both parties waive any right to a trial by jury in any legal proceeding that arises out of or is related to these Terms.

Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, that provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire understanding between you and Swingers Sphere and supersedes any prior oral or written understandings, communications, or agreements related to its subject matter. No waiver or modification of any term shall be valid unless made in writing and signed by both parties.

Non-Waiver Clause

Any failure by Grafenberg Entertainment Networks, LLC to enforce any part of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.

Legal Availability and Access Restrictions

The services and facilities of Swingers Sphere and Fusex Social Club are only available in jurisdictions where such services are legally permitted. By using the website or attending Club events, you warrant that your jurisdiction does not prohibit your participation or access.

Survival of Terms

All provisions which by their nature should survive termination of your membership or account—such as confidentiality, liability, jurisdiction, and waiver provisions—shall continue to apply even after your access to the website or events has ended.

Binding Effect

By electronically acknowledging, signing, or using our services, you confirm that:

  • You have read this Agreement
  • You understand and accept the legal obligations it creates
  • You agree to be fully bound by all terms and conditions as outlined

Section A: Using the Service

1. User Content

Original:

By submitting any content (including, without limitation, your photograph and profile and other information) (your “Content”) to our Platform, you represent and warrant to us that...

Revised:

By submitting any content (including, without limitation, photographs, profile details, and personal information) (your “Content”) to our Platform, you represent and warrant that:

  • (i) The Content is submitted by you and that you are the rightful owner of such Content; and
  • (ii) The use of your Content by us will not infringe or violate any intellectual property, privacy, or other rights of a third party.

You hereby grant to us, along with our affiliates, licensees, parent company, subsidiaries, and successors, a perpetual, worldwide, royalty-free, transferable license to use, reproduce, display, publish, quote, modify, translate, broadcast, sublicense, distribute, and create derivative works from such Content, to the extent necessary for providing the Services in accordance with applicable privacy laws and our Privacy Policy.

 

You agree not to post or submit any Content that violates our Code of Conduct.

While we are not obligated to monitor all Content, we reserve the right—at our sole discretion and as permitted by law—to edit, remove, or refuse to post any Content that we reasonably believe violates these Terms, applicable guidelines, or legal obligations.

You remain solely responsible for all Content you upload or communicate through the Service. If any information you provide becomes inaccurate, misleading, or false, you agree to promptly notify us.

2. Communication with Other Users

All user-generated content is provided “AS IS.” We do not guarantee the conduct or compatibility of any user.

IMPORTANT: Swingers Sphere does perform automatic criminal background checks on all members. You may opt to purchase a background check for $600 USD .The “Background Check Verified” badge is valid for one year. Renewal requires payment of an additional $600.

You are solely responsible for deciding whether to engage with other users. We may, at our discretion, monitor interactions and communications and restrict content or users that violate these Terms, privacy laws, or pose a risk to our community. Private emails between users are confidential but may be reviewed for compliance with these Terms.

3. Member Safety

You are solely responsible for your interactions with other members. Exercise caution when choosing to meet others offline. Do not disclose personal or financial information to other users. Safety Reminder: Communicating with strangers—whether online or in person—carries inherent risks. There is no substitute for using sound judgment and caution.

4. Non-Commercial Use

The Service is for personal, non-commercial use only. Businesses, organizations, and groups may not use the Platform for solicitation, recruitment, or commercial gain.

Unauthorized use, including solicitation, spam, phishing, financial fraud, or the promotion of other websites or services, will result in account suspension and may lead to legal action.

Section B: Proprietary Rights, DMCA, and Intellectual Property

1. Proprietary Rights

You acknowledge and agree that all content, materials, software, and technology used or displayed on the Platform—including but not limited to text, graphics, logos, designs, images, audio clips, videos, user interfaces, code, and data compilations—are protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights, which are owned by Swingers Sphere, its licensors, or affiliated third parties.

You may not:

  • Use, copy, reproduce, distribute, publish, display, broadcast, modify, adapt, sublicense, sell, reverse-engineer, or create derivative works of any content from the Platform without express written consent from Swingers Sphere or the content’s rightful owner.
  • Use any trademarks, logos, or service marks appearing on the Platform without prior written authorization.

Your access to the Service does not grant you ownership or any license to use any intellectual property owned by Swingers Sphere or any third party, except as explicitly authorized in these Terms.

2. Visual & Textual Content Licensing

Visual Content

By uploading visual content (e.g., photos, videos, media) to the Platform, you grant Grafenberg Entertainment Networks, LLC and its affiliates a non-exclusive, worldwide, royalty-free license to format, adapt, and display such content to enhance user experience. This may include resizing or converting files for technical compatibility without altering the original subject matter.

You acknowledge that no compensation will be provided for our use of your submitted visual content unless otherwise agreed in writing.

Textual Content

You grant us a perpetual, non-exclusive, royalty-free, sublicensable license to use, copy, distribute, perform, publish, and modify any textual content (e.g., profile descriptions, forum posts, messages) you submit to the Platform.

We reserve the right—but are not obligated—to provide attribution for any content we publish or display.

3. User Grants to Other Members

By uploading content, you grant other registered members and verified visitors a limited, non-commercial license to view and interact with your content solely for personal, non-public use. This license does not authorize them to share, reproduce, or distribute your content.

4. DMCA Policy: Copyright Infringement Notice

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been infringed upon on the Platform, please submit a DMCA Takedown Notice to our Designated Agent containing the following:

  • Your name, address, phone number, and email
  • A description of the copyrighted work
  • The exact URL or location of the infringing content
  • A statement under penalty of perjury that you have a good-faith belief the use is unauthorized
  • A statement confirming the accuracy of your notice and your authority to act on behalf of the copyright owner
  • Your physical or electronic signature

Send to:
Copyright Agent

1309 Coffeen Avenue STE 1200

Sheridan, Wyoming 82801

 

5. Counter-Notification

If your content is removed due to a DMCA takedown request and you believe this was an error, you may file a counter-notification including:

  • Your contact information
  • A description and location of the material removed
  • A statement, under penalty of perjury, that the removal was a mistake or misidentification
  • Your consent to the jurisdiction of the federal court in Wyoming or your district
  • Your signature (physical or electronic)

6. Repeat Infringer Policy

Swingers Sphere reserves the right to terminate access to the Platform for any user determined to be a repeat infringer under applicable copyright laws or who abuses the DMCA process.

Section C: Platform Security, Monitoring, and Use Restrictions

1. Technical Limitations and System Usage

To ensure the integrity and performance of our Platform, you agree to comply with all technical limitations imposed by Swingers Sphere, including but not limited to:

  • File size, bandwidth, and storage constraints for uploaded content
  • Reasonable use policies to avoid excessive resource consumption
  • Compliance with any usage thresholds, including limitations on the number of messages you may send or receive

We reserve the right to take corrective measures, including content deletion, throttling, or account suspension, if your activity is determined—at our discretion—to compromise system stability or violate platform rules.

2. Monitoring and Content Filtering

Swingers Sphere reserves the right, but is not obligated, to:

  • Monitor all user activity and communications
  • Employ automated filters to detect inappropriate, harassing, threatening, or unauthorized content
  • Review private communications for compliance with these Terms (while treating such communications as confidential)

We may edit, refuse to post, block, or remove any content—public or private—that violates our Code of Conduct, content policies, or legal standards.

3. Unauthorized Use and Prohibited Conduct

You may not use the Platform or any part of its Services to:

  • Engage in unauthorized commercial activities, including solicitation, promotion, or marketing of other platforms, clubs, websites, or services
  • Recruit or poach Swingers Sphere members, either directly or indirectly, for any competitor, swinger club, or commercial endeavor
  • Upload or distribute malware, spyware, viruses, worms, Trojan horses, corrupted files, or any malicious software intended to harm or intercept personal data
  • Operate file-sharing networks, torrent services, or cryptocurrency mining software
  • Facilitate financial scams, phishing schemes, or fraudulent investments (e.g., HYIPs, Forex scams, Prime Bank Instruments)

Violators may be subject to criminal prosecution and civil litigation, including penalties outlined in these Terms.

4. Intellectual Property Violations and Plagiarism

You may not copy, replicate, scrape, or reproduce any content—whether visual, textual, structural, or conceptual—belonging to Swingers Sphere, Fusex Social Club, or its users, including:

  • Copying event formats, branding, language, or layout
  • Distributing copyrighted photos, videos, forum posts, or member data
  • Taking screenshots, exporting chatroom or forum conversations, or downloading media without express written consent

All unauthorized downloads, redistributions, or duplications will be treated as theft and pursued accordingly.

5. Automated Data Collection & Site Scraping

You are strictly prohibited from using any of the following to access or harvest Platform data:

  • Bots, spiders, crawlers, scrapers, or similar automated tools
  • Manual techniques intended to replicate or mirror platform structures or user behavior
  • “Deep-linking,” data mining, or any efforts to reverse-engineer or replicate our member network

Swingers Sphere reserves the right to block, suspend, or permanently ban any user or IP address associated with such behavior. Liquidated Damages:
Should this clause be violated, you agree to pay $900,000 to each member of the site for violations including invasion of privacy, reputational harm, legal distress, or professional consequences.

6. Security Violations and Site Integrity

You may not:

  • Probe, scan, or test the vulnerability of our systems or network
  • Attempt to bypass authentication protocols or user access controls
  • Use forged headers or identifiers to impersonate other users
  • Interfere with or disrupt site operations, infrastructure, or connected networks
  • Pretend to represent Swingers Sphere, Grafenberg Entertainment Networks, LLC, or Fusex Social Club in any capacity without prior written approval

Any security breach, real or attempted, may result in immediate termination, referral to law enforcement, and civil claims. Should this clause be violated, you agree to pay $900,000 to each member of the site for violations including invasion of privacy, reputational harm, legal distress, or professional consequences.

7. Enforcement and Global Reach

Swingers Sphere has a global digital enforcement strategy. We actively monitor for malicious actors and reserve the right to:

  • Issue subpoenas
  • File civil lawsuits in any jurisdiction
  • Initiate criminal complaints where applicable
  • Pursue injunctive relief or liquidated damages against violators

Our community’s safety, trust, and confidentiality are paramount. Malicious conduct, whether technical, social, or commercial, will be met with full legal consequences.

Section D: Legal Restrictions & Enforcement Clauses

1. Government Access & Qualified Immunity Waiver Clause

Swingers Sphere intent to Defend its members' constitutional right to privacy (under Katz v. United StatesCarpenter v. United States). As a closed and restricted community, all communications and interactions among members of the swinger’s sphere community are legally protected as privileged information. Every member of the community possesses both a subjective and objective reasonable expectation of privacy, which safeguards against unreasonable searches and seizures by any individual, organization, or government agent or entity. By registering for and accessing this private platform, you affirm that you are doing so in a personal capacity and not under the direction of any government, law enforcement, regulatory, or investigative body.If you are affiliated with any government agency or acting in any official capacity (including but not limited to law enforcement, surveillance, intelligence gathering, or investigative journalism), to access the site or to attend any Fusex Social club events you expressly agree:

  1. To waive all claims to qualified immunity, sovereign immunity, or any other immunity defense in relation to any conduct or access associated with your use of this platform.
  2. That your actions shall be deemed outside the scope of your official duties and undertaken in bad faith and with intent to deceive, thereby subjecting you to personal liability under applicable civil, privacy, and contract laws.
  1. Any violation of this agreement — including unauthorized data collection, surveillance, identity misrepresentation, or use of member content for investigative or legal purposes — constitutes a material breach of contract and invasion of privacy, entitling the platform and its members to liquidated damages of$ 16,500,000 to each member of the platform, plus any additional actual or punitive damages allowed by law. This agreement is clear, voluntarily accepted, and not in violation of public policy.You further agree that this clause shall survive termination of access and may be enforced in any jurisdiction where damages occurred.

2. Law Enforcement Officers – Accountability Clause

By registering for and accessing this non publicly accessible private platform, you affirm that you are doing so in a personal capacity and not under the direction of any government, law enforcement, regulatory, or investigative body. This is a private platform. Unauthorized access by law enforcement or government personnel is prohibited. All users agree to binding private contract terms and waive any immunities.

As a private community, all communications and interactions within the swingers sphere community are legally protected as privileged information. Every member of this community has both a subjective and objective “reasonable expectation of privacy”, which shields against unreasonable searches and seizures by any individual, organization, or governmental agent or entity. If you are affiliated with any government agency or acting in any official capacity (including but not limited to law enforcement, surveillance, intelligence gathering, or investigative journalism), to access the site or to attend any Fusex Social club events you expressly agree:

  1.  To be held personally and professionally liable for misconduct or unauthorized investigations initiated through our platform.
  2. To waive all claims to qualified immunity, sovereign immunity, or any other immunity defense in relation to any conduct or access associated with your use of this platform.
  3. That your actions shall be deemed outside the scope of your official duties and undertaken in bad faith and with intent to deceive, thereby subjecting you to personal liability under applicable civil, privacy, and contract laws.
  • That any violation of this agreement — including unauthorized data collection, surveillance, identity misrepresentation, or use of member content for investigative or legal purposes — constitutes a material breach of contract and invasion of privacy, entitling the platform and its members to liquidated damages of $12,500,000 USD  to each member of the website, $85,000,000 USD payable to Swingers' Sphere plus any additional actual or punitive damages allowed by law. This agreement is clear, voluntarily accepted, and not in violation of public policy. You further agree that this clause shall survive termination of access and may be enforced in any jurisdiction where damages occurred.

Exigent Circumstance Misrepresentation Prohibition Clause

1. Law Enforcement Access Restrictions
By accessing, registering for, or interacting with SwingersSphere.com (hereafter “Swingers Sphere”), all individuals—including but not limited to those affiliated with local, state, federal, or international law enforcement, investigative agencies, regulatory authorities, or private contractors acting on their behalf—agree to adhere to the terms and protections set forth in this Agreement, including strict limitations on investigative conduct.

2. False Exigent Circumstances Strictly Prohibited
Swingers Sphere expressly prohibits any government or law enforcement personnel from claiming exigent circumstances—including but not limited to fabricated threats to life, imminent danger, destruction of evidence, or fictitious emergencies—as a pretext to bypass warrant requirements to access Swingers sphere and Fusex Social club events , user privacy rights, or contractual protections afforded by our Non-Disclosure Agreement (NDA) and Qualified Immunity Waiver.

All such claims must be:

  • Presented in writing,
  • Accompanied by a sworn affidavit or valid judicial order,
  • And submitted through our legal request portal or authorized legal counsel for independent review and response.

Unsubstantiated or falsified exigent claims shall be deemed bad-faith access attempts and a material breach of this Agreement.

3. NDA-Backed Membership Confidentiality


All members of Swingers Sphere are bound by a comprehensive Non-Disclosure Agreement (NDA) that prohibits the disclosure, replication, or unauthorized investigation of personal communications, profiles, or interactions on this platform. This NDA applies equally to government actors who attempt to access Swingers Sphere, whether through undercover means, subpoenas, or investigative ruses.

4. Qualified Immunity Waiver Clause
As a condition of entry, law enforcement agents or government representatives waive any claim to qualified immunity if they:

  • Join Swingers Sphere under false pretenses,
  • Misrepresent their identity or purpose,
  • Or access private user data without a valid, individualized warrant.

By proceeding, such parties agree to be held personally and professionally liable for any breach of Swingers Sphere’s privacy terms, user protections, or member safety policies.

5. Liquidated Damages and Legal Remedies


Any unauthorized access attempt, including those grounded in misrepresented exigent circumstances, shall subject the violating party or agency to liquidated damages of no less than $350,000,000 USD per incident, due to the severe and irreparable harm caused to Swingers Sphere’s members, reputation, and contractual obligations.

Further, Swingers Sphere reserves the right to seek:

  • Temporary restraining orders (TROs),
  • Permanent injunctions,
  • And civil damages in the courts of New York State.

6. Jurisdiction and Enforcement
All disputes, enforcement actions, or legal proceedings arising from or related to this clause shall be adjudicated exclusively in the Supreme Court of the State of New York, County of New York, or the United States District Court for the Southern District of New York, as applicable.

Government Actor Disclosure & Access Clause

  1. Scope
    This Agreement is binding upon all members of Swingers Sphere, including any individuals acting on behalf of a law enforcement agency, regulatory body, or government entity.
  2. False Exigent Circumstance Prohibition
    The Parties agree that any attempt by a government actor to access Swingers Sphere or its members by asserting false or staged exigent circumstances is a direct violation of this NDA and an abuse of investigatory privilege. No emergency claim shall bypass Swingers Sphere’s right to independent legal review unless supported by valid court order.
  3. Qualified Immunity Waiver Acknowledgment
    All government-affiliated individuals agree that by entering into this NDA, they waive any assertion of qualified immunity for investigative conduct undertaken without proper judicial oversight. This waiver is explicit, irrevocable, and contractually binding.
  4. Remedies for Breach
    Breach of this section shall trigger liquidated damages of $350,000,000 USD per incident and entitle Swingers Sphere to seek:
    •   Injunctive relief.
    • Emergency protective orders;
    • And statutory damages under both civil and criminal law, where applicable. 

3. Media & Press Access Restriction Clause

If you are a member of the media (including television, print, radio, podcast, or independent blog):

  1. You represent and warrant that your membership and attendance are in a personal, non-professional capacity.
  2. You agree not to collect, describe, publish, or broadcast any information related to members, events, or communications without written permission from both the subject(s) and Swingers Sphere legal counsel.

Liquidated Damages:


If you breach this clause, you agree to pay $959 per view, reader, or listener for any published or broadcasted material. This includes textual descriptions, identifiable visuals, audio recordings, or any data inferred from metadata or anonymous tips.

  • Any violation of this agreement — including unauthorized data collection, surveillance, identity misrepresentation, or use of member content for investigative or legal purposes — constitutes a material breach of contract and invasion of privacy, entitling the platform and its members to liquidated damages of$ 21,500,000 USD to each member of the platform, 85,000,000 USD payable to Swingers' Sphere plus any additional actual or punitive damages allowed by law. This agreement is clear, voluntarily accepted, and not in violation of public policy.

4. Employer, HR, and Business Surveillance Clause

By signing up for and utilizing this private platform, which is not accessible to the public, you confirm that you are acting in a personal capacity and not under the guidance of any corporation, business regulatory authority, or investigative agency. This platform is private. Unauthorized entry by any corporate or business personnel is strictly forbidden. 

Swingers Sphere  is a private and restricted network. The platform is the only one in the world that satisfies all the criteria established by the Katz v. United States (1967) case, which defined the "reasonable expectation of privacy" standard. Furthermore, it is the sole platform globally that complies with all the requirements set forth in the Carpenter v. United States (2020) ruling which emphasizes the application of the 4th Amendment in the context of the digital era, especially concerning the gathering of location data.

You may not:

  • Join or use the platform for the purpose of investigating, monitoring, or disciplining current or former employees, co-workers, business partners, or family members.
  • Use screenshots, saved content, or recorded conversations for employment, civil, or custody proceeding without Swingers Sphere ownership content.

If you are a corporate employer, HR executive, or business leader, you agree that:

  • Being a member of Swingers here is like being in the privacy of your own home—with the door closed, locked. All swingers sphere members are expecting the “absolute right to privacy”. You are accessing Swingers Sphere and/or attending events in your personal, non-professional capacity.
  • Any corporate entity or individual is strictly prohibited from using, reproducing, disclosing, or distributing any information, content, or user-generated comments from SwingersSphere without the prior written consent of the site’s owner. Unauthorized use constitutes a violation of this agreement and will result in legal action.
  • The use of any information pertaining to the site users for purposes of harassment, employment screening, hiring, termination, or any other employment-related decisions is expressly prohibited and constitutes a violation of this agreement. The organization you represent, along with you personally, will be held jointly liable if you violate this clause.

Employer/Corporation Use of Member Information Prohibited

Information pertaining to any member of Swingers' Sphere is strictly prohibited from being used by any employer, organization, or third party for the purposes of hiring decisions, employee disciplinary actions, termination, or promotion—regardless of how such information was obtained. Swingers' Sphere does not authorize or consent to the use, dissemination, or evaluation of its members’ data or identification in any employment-related  context.Any corporation or individual found in violation of this clause hereby agrees, without contest, to the following liquidated damages:

  • $125,000,000 USD payable to Swingers' Sphere
  • $25,000,000 USD payable to the current or prospective employe affected by the improper use of information’s or data.
  • $5,000,000 USD payable to each impacted member of the platform
  • These amounts are binding and non-negotiable.

Enforcement and Judgment

Any such violation will result in an immediate civil judgment, with the full amount due on the date the judgment is entered. Failure to comply with the payment terms will authorize Swingers' Sphere to petition the appropriate court for a judgment lien. A judgment lien is a legal claim against the debtor’s personal or real property, allowing Swingers' Sphere to seize and liquidate assets to satisfy the debt, should the violator fail to meet their financial obligations under this clause.

5. Anti-Poaching & Competitor Restriction Clause

Swingers Sphere  and Fusex Social Club are highly selective, invitation-only communities with significant operating costs and exclusivity requirements.

You may not:

  • Use our platform to recruit or solicit members for any other adult website, swingers club, event company, or social group.
  • Reverse-engineer our event formats, user engagement strategies, or member community features.

If you are affiliated with any competing adult-oriented business, including event hosts, site operators, or marketers:

  • You agree not to contact, recruit, or advertise to any Swingers Sphere or Fusex Social Club members.
  • Any outreach (public or private, manual or automated) will be treated as malicious interference and breach of contract.

Liquidated Damages:
If found to have violated this clause, you agree to:

  • Waive your right to a jury trial,
  • And pay $20,000,000 per violation, regardless of intent.
  • Additional damages may be pursued in state, federal, international, or appellate courts as appropriate.

Governing Law, Dispute Resolution & Acceptance of Terms

1. Governing Law

These Terms of Service, and any dispute or claim arising from or related to them—including without limitation your access to or use of Swingers Sphere and any related products or services, shall be governed and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law.

All users, members, vendors, affiliates, and associated third parties expressly submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York. You waive any objections to such jurisdiction, including those based on venue, inconvenience, or personal jurisdiction.

2. Dispute Resolution

You agree that any legal claim or dispute involving Swingers Sphere, Fusex Social Club, Grafenberg Entertainment Networks, LLC, or its members, officers, or affiliates will be handled under the following terms:

  • Arbitration First: You agree to attempt to resolve any dispute informally through binding arbitration before initiating any civil court action.
  • No Class Actions: You agree that any legal claim must be brought on an individual basis. Class actions, class arbitrations, or representative actions are strictly prohibited.
  • Liquidated Damages Clause: Where stated, you agree that predetermined financial penalties for specific violations (e.g., privacy breach, stalking, poaching, defamation, unauthorized data collection) represent fair, reasonable, and enforceable estimates of harm caused.

3. Waiver of Jury Trial

By accepting these Terms, you waive your right to a trial by jury in any legal action or proceeding arising out of or relating to these Terms of Service or the use of the Platform.

This waiver applies to both civil and criminal proceedings and includes any disputes related to personal privacy, media exposure, platform misuse, or governmental interference as outlined in the preceding clauses.

4. Indemnification

You agree to defend, indemnify, and hold harmless Swingers Sphere, Fusex Social Club, Grafenberg Entertainment Networks, LLC, and their officers, directors, employees, and affiliates from any and all claims, demands, liabilities, damages, losses, costs, or expenses, including attorneys’ fees, arising out of or in connection with:

  • Your use or misuse of the Service
  • Your violation of any provision of these Terms
  • Your violation of the rights of any third party, including but not limited to intellectual property, privacy, or contractual rights.

5. Survival of Terms

The following clauses shall survive the termination of your account or your use of the Platform:

  • Proprietary Rights
  • Privacy and Confidentiality Obligations
  • Dispute Resolution
  • Liquidated Damages Clauses
  • Indemnification
  • Governing Law and Jurisdiction

These Terms remain binding and enforceable regardless of any account deletion, membership cancellation, or subsequent access attempts.

6. Entire Agreement and Acceptance

These Terms, together with our Privacy Policy, Non-Disclosure Agreement, Code of Conduct, and any signed supplemental agreements (collectively, the "Agreement"), constitute the entire agreement between you and Grafenberg Entertainment Networks, LLC, and supersede all prior discussions, negotiations, or agreements.

By accessing or using Swingers Sphere or attending any Fusex Social Club events, you certify that:

  • You have read, understood, and agreed to all provisions of this Terms of Service document.
  • You are entering into this agreement freely, voluntarily, and without duress.
  • You are legally permitted to use and access adult-oriented platforms.
  • You consent to be legally bound by all the terms outlined herein.

Website Members Prohibition Clause

Members of Swingers Sphere agree to abide by the following community standards and usage restrictions. Violations may result in immediate account suspension, permanent bans, and legal action.

1. Prohibited Content and Media Use

  • Do not post or request photos, videos, or media watermarked with another website’s name or URL.
  • Do not post altered content where watermarks have been edited out.
  • Do not post fake or AI-generated photos/videos of celebrities (e.g., Deepfakes).
  • Do not post or request content involving:
    • Illegal prostitution
    • Personal massage services
    • Sexual concierge services
    • Any solicitation of services of a sexual nature
  • Commercial promotion is forbidden. This includes:
    • Promoting pay or free sites, blogs, or any outside platforms
    • Advertising or selling any products or services
  • Do not post personal information, including:
    • Last names, email addresses, phone numbers, or physical addresses
    • Kik, Skype, Twitter, or links to other social media
  • Do not post or request passwords or access to pay sites or file-sharing platforms used for profit.
  • Do not promote or advertise content or services from OnlyFans, Pornhub, or similar adult platforms.

2. Misrepresentation & Identity Fraud

  • Do not pretend to be someone you are not.
  • Your profile must reflect your true identity:
    • Gender
    • Age
    • Photos must be current and authentic
  • Couples must not register unless both partners are aware and involved.
  • Submitting false or misleading information will result in permanent account suspension.
  • False identity representation, including gender or marital status, will result in a lifetime ban.

3. Privacy, Revenge, and Malicious Intent

  • Do not post revenge content.
  • Do not use the platform for personal retaliation or “outing” members.
  • Sharing screenshots, member images, or content without consent is strictly prohibited.

Malicious Outing Penalty:


If an investigation determines that you have maliciously outed a member without their consent, you:

  • Waive your right to a jury trial
  • Agree to pay the affected member USD $10,000,000 per violation

This clause is enforceable solely for Swingers Sphere and Fusex Social Club-related incidents.

Part 2: Blackmail, Extortion, and False Accusations Policy

1. Prohibition Against Blackmail and Extortion

You are strictly prohibited from attempting to blackmail, extort, or coerce any member of Swingers Sphere or Fusex Social Club. Under Title 18 of the United States Code, Section 873, blackmail and extortion are federal crimes.

Blackmail, as defined under this agreement, includes:

  • Demanding money, favors, or services in exchange for keeping someone's private, sexual, or lifestyle-related information confidential
  • Threatening to reveal sensitive or embarrassing information unless specific conditions are met
  • Leveraging participation in Swingers Sphere or Fusex events as a tool of control or manipulation

If an investigation reveals that you have attempted to blackmail or extort any member, you automatically agree to the following:

  • You irrevocably waive your constitutional right to a jury trial
  • You agree to pay USD $10,000,000 per violation directly to the affected member(s)

This policy applies exclusively to incidents involving Swingers Sphere and Fusex Social Club. Grafenberg Entertainment Networks, LLC shall be responsible for enforcing this clause on behalf of the victim(s).

2. Unauthorized Publishing and Tell-All Media Ban

You may not write, publish, or distribute any “tell-all” book, article, blog, podcast, video, or media content that reveals the identity, likeness, behavior, or personal information of any:

  • Swingers Sphere member
  • Fusex Social Club member
  • Event or platform activity
  • Content that indirectly reveals member identities, professions, or associations

If an investigation finds you have written or published such material without consent, you automatically agree to:

  • Void your constitutional right to a jury trial
  • Pay USD $20,000,000 per violation directly to the affected member(s)

This clause is enforceable solely for incidents relating to Swingers Sphere and Fusex Social Club. Grafenberg Entertainment Networks, LLC shall act as the legal enforcer of this policy.

3. False Criminal or Civil Accusations

You agree not to falsely accuse any member, employee, affiliate, or contractor of Swingers Sphere or Fusex Social Club of any crime or civil misconduct.

false accusation, under this agreement, refers to:

  • Any allegation of criminal wrongdoing that is intentionally untrue, unsupported by facts, or made with malicious intent
  • Any deliberate report or claim aimed at initiating wrongful prosecution or defamation

If you make a false accusation, you agree to:

  • Waive your right to a jury trial
  • Accept full financial liability for all resulting damages, including reputational, legal, and personal harm suffered by the accused

Swingers Sphere strictly prohibits attempts to manipulate, provoke, or destroy lives through knowingly false claims. Malicious prosecution, false police reports, and unsubstantiated defamation will be fully prosecuted allowed by law.

Revenge Porn, Privacy Violations, and Avatar Policy

1. Revenge Porn Prohibition

Revenge porn—the distribution or sharing of sexually explicit images or videos of another individual without their consent—is strictly prohibited.

Swingers Sphere and Fusex Social Club define revenge porn as:

  • The publication, sharing, or threat of sharing sexually explicit content (including screenshots or saved chats) to embarrass, coerce, punish, or harass any current or former member.

Legal Note: 48 U.S. states have laws criminalizing revenge porn. This clause is enforceable under both federal and state regulations.

If you are found to have used this platform to engage in revenge porn, you automatically agree to the following:

  • You waive your constitutional right to a jury trial
  • You agree to pay the affected member(s) USD $5,000,000 per violation

This policy applies strictly to incidents occurring on or through Swingers Sphere or Fusex Social Club. Grafenberg Entertainment Networks, LLC is authorized to investigate and enforce this clause on behalf of affected members.

2. Prohibition on Capturing and Sharing Member Content on public social media platforms

You are expressly prohibited from taking screenshots, photographs, or videos of any site member or content and posting such materials on public social media platforms or groups—including, but not limited to, “Are We Dating the Same Guy” or “Are We Dating the Same Woman” on Facebook or any similar forum.

If you are found to have used this platform to engage in such disturbing, unethical, invasive conduct, you automatically and irrevocably agree to the following:

  • You waive your constitutional right to a jury trial; and
  • You agree to compensate the affected member(s) in the amount of USD $3,000,000 per violation.

3) Privacy Violations & Unauthorized Content Use

You are expressly prohibited to all the following

  • Taking screenshots of member profiles, private conversations, or event content
  • Downloading, saving, sharing, or reproducing other members’ images, videos, or personal content without their explicit consent
  • Disclosing or distributing a member’s personal, professional, or social information

If you violate this provision, you agree to:

  • Be held liable for any resulting damages
  • Be permanently banned from the Swingers Sphere platform and events
  • Face potential civil or criminal prosecution under U.S. privacy laws
  • You waive your constitutional right to a jury trial; and
  • You agree to compensate the affected member(s) in the amount of USD $3,000,000 per violation.

All members are expected to treat one another’s anonymity and content with the highest level of respect and confidentiality.

3. Avatar and Identity Integrity Policy

Your avatar (profile photo) and profile representation must be an honest reflection of your identity. The following rules apply:

Prohibited Avatars:

  • Images of other individuals (including celebrities or adult performers)
  • Misleading representations of gender or physical appearance
  • Trademarked or copyrighted images
  • Explicit depictions of genitals (penis or vagina)
  • Violent, graphic, drug-related, or offensive material

Requirements:

  • Only upload your own personal photos, artwork, or media that truthfully reflects you and the gender listed on your profile
  • Do not impersonate others or create fictitious personas
  • Couples must not register or post as a “couple” unless both individuals are involved and consenting If we suspect your avatar is fake, misleading, or used to deceive other members, we may require verification or remove your avatar immediately. Repeat or malicious violations will result in a lifetime ban.

Part 4: Event Location Disclosure, Reporting Clauses, and Perpetual Enforcement Terms

1. Event Location Disclosure with Malicious Intent

Members of Swingers Sphere and Fusex Social Club are strictly prohibited from disclosing, publishing, or leaking the time, date, or physical location of any event hosted by the platform to non-members or outside entities.

Malicious disclosure includes (but is not limited to):

  • Sharing event details with non-members
  • Reporting events to local, state, or federal agencies without legal justification
  • Site members are strictly prohibited from bringing non-members to any SwingersSphere or FuseX Social Club events or gatherings.
  • Leaking event data to competitors, activists, journalists, or hostile third parties
  • Misusing internal access to disrupt, embarrass, or expose attendees

Definition: “Malicious intent” means the deliberate aim to cause harm, reputational damage, disruption, legal scrutiny, or embarrassment to the event, platform, or its participants.

If you are found to have disclosed event details with malicious intent, you automatically agree to the following:

  • You waive your constitutional right to a jury trial
  • You agree to pay USD $6,000,000 per violation directly to the impacted individual(s) or to Grafenberg Entertainment Networks, LLC, acting on their behalf

This clause is legally binding and applies regardless of your membership status at the time of the incident. Violators will be permanently banned.

2. Anti-Whistleblower Misuse Clause

The SwingersStyle platform is not to be used:

  • As a surveillance or whistleblowing tool by individuals posing as members with the intent to gather, report, or leak information to third parties
  • To disrupt the legal operation of ethical non-monogamy events

Members agree that reporting lawful events to authorities under false pretenses or for the purpose of harassment constitutes a malicious act.

Grafenberg Entertainment Networks, LLC reserves the right to pursue civil damages, cease and desist orders, and injunctive relief against individuals or organizations found to be interfering with events or breaching confidentiality. If you are found to have to involve in Whistleblower Misuse with malicious intent, you automatically agree to the following:

  • You waive your constitutional right to a jury trial
  • You agree to pay USD $20,000,000 per violation directly to the impacted individual(s) or to Grafenberg Entertainment Networks, LLC, acting on their behalf

3. Revocation of Use Privileges & Duty to Report Criminal Behavior

Membership in Swingers Sphere and Fusex Social Club is a privilege, not a right. We reserve the sole discretion to suspend or terminate accounts at any time for violations of:

  • Terms of Service
  • Code of Conduct
  • Community moral standards
  • Local, state, or federal law

Members have a moral and ethical obligation to report any observed criminal behavior during events, including but not limited to:

  • Theft
  • Assault
  • Sexual assault
  • Drugging or spiking drinks

Failure to report observed criminal behavior may result in permanent removal from the platform and all affiliated communities.

4. Perpetual Timeline of Enforcement

All prohibitions and legal agreements outlined herein shall remain in force indefinitely, regardless of:

  • Account status (active, suspended, or deleted)
  • Membership cancellation or resignation
  • Time has passed since the incident

This means:

  • Members may still be held accountable after deactivating their account
  • Grafenberg Entertainment Networks, LLC reserves the right to retain relevant records for legal compliance, investigation, and enforcement

This clause supports the long-term legal integrity, safety, and privacy of Swingers Sphere and Fusex Social Club and their respective members.

Part 5: Commercial Use Ban, Spam Policy, and Membership Termination Terms

1. Non-Commercial Use Requirement

Swingers Sphere and Fusex Social Club are private, members-only platforms designed solely for personal, consensual, and social interaction within the ethical non-monogamy lifestyle. The following commercial uses are strictly prohibited:

Prohibited Commercial Activity Includes (but is not limited to):

  • Promoting, advertising, or selling any product or service not authorized by the Company
  • Soliciting other members to join external parties, clubs, events, websites, or networks
  • Promoting pay-for-access platforms (e.g., OnlyFans, ManyVids, Pornhub)
  • Using Swingers Sphere to generate leads, sales, or contacts for third-party businesses
  • Contacting members for media or press purposes without prior, written Company approval
  • Harvesting member data or scraping the website for personal or corporate gain

Organizations, agencies, or business entities are not permitted to register. Only individual users engaging in lawful, consensual lifestyle participation may use this platform.

Violators will be banned permanently and may face civil or criminal legal action.

2. Anti-Spam and Unsolicited Contact Policy

Swingers Sphere enforces a zero-tolerance policy against spamming, defined as:

  • Sending bulk messages, mass solicitations, or advertising to members without an invitation.
  • Posting promotional content in inappropriate sections (e.g., forums, private inboxes)
  • Contacting members using scraped or improperly obtained information

If you are found to be spamming:

  • Your account will be permanently terminated
  • Your IP, email, and device identifiers may be blacklisted
  • Legal remedies may be pursued for violations of the CAN-SPAM Act or other applicable laws.

3. Membership Termination and Refund Policy

Swingers Sphere reserves the right to:

  • Suspend or terminate your membership or event access at any time, for any reason.
  • Remove you from events or the community if your actions violate our Terms of Service, Code of Conduct, or community standards
  • Enforce bans regardless of account payment status

All membership fees, whether monthly, annual, or one-time, are final and non-refundable. By completing your purchase, you acknowledge and agree that:

  • Swingers Sphere does not offer refunds, credits, or partial reimbursements for any reason, including but not limited to dissatisfaction, unused time, early cancellation, personal circumstances, or account suspension due to a violation of our Terms of Service.
  • All payments are made in exchange for access to a private, members-only platform and associated services, which begin immediately upon registration or renewal.
  • You are solely responsible for reviewing the membership terms, duration, and features before completing any transaction.

By proceeding with payment, you affirm that you understand and accept this No Refund Policy in its entirety.

Membership Payment Terms, Auto-Renewal, and Refund Policy

1. Final and Non-Refundable Payments
All membership fees paid to Swingers Sphere are final and non-refundable, regardless of usage, satisfaction, or termination. By submitting payment, you confirm and agree that:

  • No refunds, partial credits, or reimbursements will be issued under any circumstances, including dissatisfaction, early cancellation, account suspension for policy violations, or changes in personal circumstances.
  • Access to members-only content and services begins immediately upon payment, and fees are considered earned in full at the time of purchase.

2. Auto-Renewal Policy
Unless explicitly stated otherwise, all recurring memberships are automatically renewed at the end of the applicable billing period (monthly, quarterly, annually) using the payment method on file.

  • You may cancel auto-renewal at any time by accessing your account settings and turn off auto renewal .
  • Failure to cancel in time will result in automatic renewal and charge, which remains non-refundable once processed.

3. Chargeback Prohibition and Dispute Resolution
By entering into this agreement, you expressly waive the right to initiate any chargeback claim with your financial institution or credit card issuer related to Swingers Sphere membership fees.

  • Any attempt to dispute a valid charge will be considered a breach of this Agreement and may result in account termination, legal action, and reporting to relevant fraud databases.
  • All disputes must be resolved directly with Swingers Sphere in accordance with the dispute resolution process outlined in this Agreement.

4. Third-Party Payment Processors
Swingers Sphere uses one or more third-party payment processors (e.g., Stripe, PayPal, etc.) to handle billing. By making a payment, you agree to comply with the terms and policies of those processors in addition to Swingers Sphere’s own terms.

  • Swingers Sphere disclaims any liability arising from technical errors, declined transactions, or issues related to third-party payment systems beyond our control.

5. Jurisdiction and Enforcement
This clause shall be governed and enforced under the laws of the State of New York. You agree that any payment-related dispute shall be resolved exclusively in a court of competent jurisdiction located in New York County, New York.You may terminate your account at any time by: Using the "Deactivate Account" option in your user settings

Submitting a written request to:
Grafenberg Entertainment Networks, LLC

1309 Coffeen Avenue STE 1200

Sheridan, Wyoming 82801

 

Data Retention and Legal Compliance

If you deactivate your account, Swingers Sphere may retain the following for compliance and audit purposes:

  • Identity and contact records
  • Message logs and behavioral flags
  • Violation history, if applicable

          Retention is necessary to:

  • Prevent fraud and re-registration under false identities
  • Enforce previous disciplinary actions
  • Maintain legal compliance.

All remaining terms, including the Non-Disclosure Agreement, Non-Disparagement Clause, Privacy Policy, and Release of Liability, shall remain enforceable in perpetuity regardless of account status.

5. Continued Enforcement After Termination

These Terms survive termination. By using the Service, you agree that:

  • Swingers Sphere may take action after your account has been closed
  • Violations discovered post-termination may still trigger legal penalties
  • Refunds will not be issued for accounts terminated due to policy breaches

Summary of Enforcement

  • You may terminate your membership at any time.
  • We may terminate your access at any time, for any reason.
  • No refunds will be issued for violations.
  • All legal obligations remain binding after deactivation.

Section 3: Account Security

Your membership account is for personal use only. You are solely responsible for maintaining the confidentiality of your username and password and for all activities conducted under your account. This includes any distribution of your personal information to other users.

You acknowledge that The Grafenberg Entertainment Networks is not responsible for unauthorized access to your account resulting from your actions or inactions, including the voluntary sharing of your credentials. Additionally, the Company is not liable for third-party access to your account arising from theft, misappropriation, or loss of your credentials.

Summary: Keep your login credentials confidential. You are responsible for all activities under your account.

Section 4: Risk Assumption and Precautions

a. The Grafenberg Entertainment Networks is not responsible for the conduct of any user, online or offline. By using the Website or Service, you assume all risks associated with interactions with other users. Always exercise necessary precautions, especially when meeting others in person. Do not share you’re any personal information or financial information with other Members.

b. Swingers Sphere currently conducts criminal background screenings on all members. Events hosted by Fusex Social Club also include background checks. Fusex Social Club reserves the right to conduct criminal background checks at any time using any legally available records. Members who pass may have a "Background Check Verified" mark displayed on their profile. By agreeing to these Terms, you authorize such background checks.

c. Swingers Sphere does not guarantee the accuracy or reliability of any third-party background check or verification mark. We are not liable for any damages resulting from background check errors.

d. No guarantees are made regarding your compatibility with other Members or the conduct of individuals you meet through the Service.

Section 5: Proprietary Rights

The Grafenberg Entertainment Networks and Swingers Sphere own all proprietary rights in the Website, the Service, and all associated content, trademarks, service marks, and intellectual property. Except for content in the public domain or content you have explicit written permission to use, you may not copy, modify, publish, transmit, distribute, or sell any proprietary content. We own all proprietary rights. Do not copy or modify our content without permission.

Section 6: Acceptable Website Use

a. You are solely responsible for the content you post or transmit on the Website or through the Service. This includes text, photos, videos, audio, and profile details, whether public or private. You must not:

  • Violate any laws or regulations.
  • Infringe intellectual property or privacy rights.
  • Post offensive, false, or misleading content.
  • Operate multiple accounts for a single user.
  • Imply endorsement by the Company without authorization.

b. The Grafenberg Entertainment Networks may monitor and remove any posted content at its sole discretion for any reason, including legal compliance, third-party requests, or user complaints. Repeated or severe violations may result in suspension or banning.

Summary: Follow the rules. We may remove inappropriate content and suspend violators.

c. By posting content, you grant The Grafenberg Entertainment Networks a non-exclusive, irrevocable, perpetual license to use, store, display, and adapt your content. This license is limited to operating and improving the Service and protecting against infringement.

Summary: Once you post, we may use your content for Service operations.

d. Prohibited activities include but are not limited to:

  • Unauthorized access or hacking attempts
  • Interference with Website operations (e.g., viruses, spam)
  • Automated scraping or indexing
  • Modifying, reverse-engineering, or decompiling the Website or Service
  • Using the Website for unlawful or competitive purposes

Summary: Do not misuse the platform or attempt to compromise its security.

e. The Website is for connecting ethically non-monogamous individuals and event attendance. You may not:

  • Promote or engage in escorting, prostitution, or trafficking
  • Interact with or solicit minors
  • Impersonate others or misrepresent yourself
  • Share access credentials
  • Solicit money or advertise products/services

Summary: Use the Website lawfully and respectfully. Prohibited conduct may result in legal action and referral to authorities.

f. Commercial Use & Liquidated Damages: Commercial use is strictly prohibited. Each unauthorized commercial or competitive use of the Website incurs liquidated damages of $8,000,000 per violation. Summary: Do not use the platform for commercial gain. Violators will be liable for significant damages.

Section 7: Harassment Policy

Harassment, threats, or intimidation of Grafenberg Entertainment Networks or Swingers Sphere employees is strictly prohibited. Such behavior may lead to immediate termination of membership without refund. Summary:Treat staff and members respectfully. Abusive conduct results in termination.

 Limitation of Liability

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GRAFENBERG ENTERTAINMENT NETWORKS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE GRAFENBERG ENTERTAINMENT NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE GRAFENBERG ENTERTAINMENT NETWORKS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, EXCEED THE AMOUNT PAID BY YOU FOR YOUR MEMBERSHIP OR, IF NO PAYMENT WAS MADE, TWENTY-FIVE DOLLARS (US$25.00) OR ITS EQUIVALENT.

b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GRAFENBERG ENTERTAINMENT NETWORKS BE LIABLE FOR ANY DAMAGES WHATSOEVER—WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL—ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY OTHER USER IN CONNECTION WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO BODILY INJURY, EMOTIONAL DISTRESS, OR ANY DAMAGES RESULTING FROM INTERACTIONS OR MEETINGS WITH OTHER USERS. THIS INCLUDES DAMAGES RESULTING FROM USERS WHO REGISTERED UNDER FALSE PRETENSES OR ATTEMPTED TO DEFRAUD OR HARM YOU.

c. To the fullest extent permitted by law, you hereby release The Grafenberg Entertainment Networks from any and all responsibility, liability, claims, demands, or damages of any kind—known or unknown—arising from disputes between users or the acts/omissions of third parties. You expressly waive any rights under United States federal, state, county, or local law (or any comparable jurisdiction) that would limit this release to known or suspected claims.

d. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

Summary: We work hard to offer a safe and functional service, but we can’t guarantee perfection. You agree that we are not liable for certain damages and release us from related claims.

14. Litigation of Disputes

1. The Grafenberg Entertainment Networks encourages informal resolution of disputes and invites you to contact us at:

1309 Coffeen Avenue STE 1200

Sheridan, Wyoming 82801

a. However, neither party is required to pursue informal resolution before initiating litigation.

b. All legal disputes shall be litigated exclusively in the state and federal courts of the State of New York, except as otherwise stated in subsections (f) and (g) below.

c. By using the Website or Services, you irrevocably consent to the jurisdiction and venue of such courts.

d. YOU AND THE GRAFENBERG ENTERTAINMENT NETWORKS AGREE NOT TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST THE OTHER.

e. If you access the Website or Services from outside the United States, you waive the protection of laws from your jurisdiction unless you are an E.U., EEA, Swiss, or United Kingdom citizen. For those users, privacy disputes are governed by applicable European privacy laws.

f. A "Privacy Dispute" is any disagreement related to the collection, use, sharing, or transfer of personal data.

g. Except for Privacy Disputes involving E.U., EEA, Swiss, or U.K. citizens, all disputes shall be governed by the laws of the State of New York, without regard to its conflict of law principles.

Summary: Disputes must be litigated in New York, unless you’re in Europe and your issue relates to privacy. No class actions are allowed.

15. Consent to Service of Process by Email

By using the Website or Service, you consent to receive service of process via the email address associated with your Swingers Sphere account. You agree this method constitutes valid notice. Summary: Legal notices may be served to you via your account email.

16. Consent to Allow Swingers Sphere to Bring Lawsuits on Your Behalf

You authorize Swingers Sphere to initiate legal or equitable actions on your behalf (and on behalf of other members) when its rights may be affected. Summary: Swingers Sphere can represent your interests legally if its rights are also impacted.

17. Indemnity

You agree to defend, indemnify, and hold harmless The Grafenberg Entertainment Networks, including its officers, directors, employees, agents, affiliates, and subsidiaries, from any claims or liabilities arising out of:

  • Your use of the Website or Services.
  • Your breach of this Agreement.
  • Any content you post.
  • Your violation of applicable laws or regulations.

This indemnity also applies to claims by family members or third parties and includes all legal and accounting costs. The Grafenberg Entertainment Networks may assume exclusive defense of such matters at its discretion.

18. General Provisions

a. Violation of this Agreement may cause The Grafenberg Entertainment Networks irreparable harm. Accordingly, you agree that The Grafenberg Entertainment Networks is entitled to seek immediate injunctive relief—including temporary restraining orders and permanent injunctions—without the need to post bond or other security, in addition to any other remedies available at law or in equity.

b. This Agreement (which you accept by using the Website and affirm by becoming a Member), together with the Swingers Sphere Privacy Policy and any applicable payment or renewal terms, constitutes the entire agreement between you and The Grafenberg Entertainment Networks. It supersedes all prior agreements relating to your use of the Website or Services.

c. Unless explicitly stated otherwise, the provisions of this Agreement will survive the termination of your membership.

d. If any provision of this Agreement is found to be invalid or unenforceable, the remainder will remain in full force and effect.

e. Failure by The Grafenberg Entertainment Networks to enforce any part of this Agreement does not constitute a waiver of its right to enforce it later.

f. Your account and its contents are non-transferable, and all rights associated with your account will terminate upon your death.

g. This Agreement does not create any agency, partnership, joint venture, or employment relationship. You may not make representations on behalf of The Grafenberg Entertainment Networks. Summary: These are the foundational legal rules that apply throughout your use of the site and services.

19. Special State Terms

The following terms apply to members residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin:

You, the buyer, may cancel this Agreement without penalty or obligation by midnight of the third business day following the original contract date (excluding Sundays and holidays). To cancel, send a signed and dated notice stating your intent to cancel to:

Grafenberg Entertainment Networks, LLC

1309 Coffeen Avenue STE 1200

Sheridan, Wyoming 82801

Please include your Swingers Sphere username and email address to prevent delays. Upon cancellation, all payments made will be refunded within ten (10) days. In the event of your death or disability before the end of your subscription period, a prorated refund for unused time will be issued upon written notice to the above address. If you live in a listed state, you may cancel within three days and are entitled to a refund under certain conditions.

20. Special European Terms

If you are a consumer residing in Europe:

  • Swingers Sphere does not exclude or limit liability for gross negligence, willful misconduct, or death/personal injury resulting from negligence.
  • For other damages, liability is limited to foreseeable damages resulting from breaches of material contractual obligations.
  • You may terminate this Agreement immediately if it is assigned to a third party. Reasonable notice of such an assignment will be provided via the contact methods noted herein. European users are covered under additional protections aligned with EU/UK/Swiss consumer law.

21. Notice

The Company may provide you with notices—including changes to this Agreement—by any reasonable means, including email, SMS, text message, postal mail, or notices posted on the Website.

If you use the Services in violation of this Agreement, you may not receive such notices, but you will be deemed to have received them had you accessed the Services properly. We’ll inform you of important updates through various channels. You’re still considered notified even if you bypass proper use.

22. Revision Date and Amendment

This Agreement is subject to change at any time:

  • If you are not a subscribing member, changes take effect upon posting.
  • If you are a subscribing member, the current Agreement remains in effect until your next renewal. Renewal constitutes acceptance of the updated terms.
  • If you cancel your subscription, any continued use of the Services constitutes acceptance of the current Agreement.

Severability: If any part of this Agreement is unenforceable, it will be excluded and the remainder enforced to the fullest extent.Waiver: Failure to enforce any term is not a waiver of that term. No waiver is valid unless in writing, signed by an authorized representative at the director level or higher.

Refund Waiver: Granting a refund or credit does not waive our right to pursue legal remedies or damages.

Limitations of Claims: Any legal claim arising from these terms must be filed within one (1) year or it is permanently barred.

Non-Assignment: You may not assign or transfer your rights under these terms without our prior written consent. We may assign or transfer our rights at any time without notice or consent.

Authentic Signature Requirement and Legal Consent Clause

If you have any questions, please contact us via certified mail at:

Grafenberg Entertainment Networks, LLC

1309 Coffeen Avenue STE 1200

Sheridan, Wyoming 82801

FOR MY/OUR PERSONAL AND FAMILY SAFETY, PRIVACY, AND PROTECTION, I/WE AGREE TO ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, INCLUDING BUT NOT LIMITED TO ALL

  • Privacy Policy
  • Cookie Policy
  • Law Enforcement Disclosure Clause
  • Qualified Immunity Waiver Clause
  • Exigent Circumstances Clause
  • Media Disclosure Clause
  • Non-Disparagement Clause
  • Business/Corporate Employer Disclosure Clause
  • Website Members Prohibition Clause
  • NDA and Release of Liability Agreement
  • Clause Prohibiting Malicious Reporting or Disclosure of Event Locations

ONCE YOU BECOME A MEMBER OF SWINGERS SPHERE OR FUSEX SOCIAL CLUB, YOU AGREE TO BE LEGALLY BOUND TO THE ABOVE CLAUSES INTO A PERPETUAL TIMELINE.

Swingers Sphere will verify your True identity through:
https://risk.lexisnexis.com/products/trueid

Forgery Warning: Forgery—including use of false documents or signatures with intent to deceive—is considered a felony under U.S. law and may result in prosecution.

By accepting this Agreement, you affirm that:

  • You are acting of your own free will.
  • You are not under duress.
  • You fully understand the terms herein.

This Agreement governs your right to access and attend events, as well as use of the Swingers Sphere and Fusex Social Club websites or mobile apps.

English Language Precedence

This Legal binding agreement is published in English. In the event of any translation discrepancies, the English version shall prevail, unless prohibited by local law.

© 2025 Grafenberg Entertainment Networks, LLC. All Rights Reserved.
Last Updated: June 16, 2025