Acceptance of Membership Terms and Conditions
- If you access, or register with the Site, you will be deemed to have agreed to be legally bound by these
Membership Terms and Conditions.
which is displayed at the bottom of every page. You should review these regularly.
- You will not use the material on this website outside of the permissions mentioned within.
- The proprietors of this website, ("Us", "We", "Our"), accept no responsibility or
liability for any circumstance that may arise as a result of anything stated or inferred, in, or from, the content of
the pages within this website or it's use.
Age of Consent
- You must be 18 years or over to access the Site. If We discover or have any reason to suspect that you are not
over 18 years of age, then We reserve Our right to suspend or terminate your Membership to this Site immediately and
without notice. Any subsequent attempt to register, even when 18 years of age, will also be denied.
Password, Member Name and Security
- Upon registration you will select a password and username that you can use to access your Member Account and
Profile and to log on to the Members' areas of the Site.
- You are responsible for maintaining the confidentiality of your password and username and are responsible for all
activities that occur under them. We do not have the means to check the identity of people using the Members' areas of
the Site and will not be liable where your password or username are used by someone else. Any loss or any such use
will be deemed to by you and you will be responsible, (and liable) for such use.
- You agree to notify Us immediately of any unauthorised use of your password or nickname or any other breach of
security of which you become aware.
You warrant that:
- You will only use this site for legal purposes.
- You are of legal adult age as defined by the country or state from where you are accessing this website.
- You are accessing this website from a country or state where it is not illegal to enter adult websites, view
sexually explicit and/or pornographic material.
- You are not offended by nudity, sexual imagery or any adult sexual activity.
- You will not permit any minor, or other person for who it is illegal, to see material that exists within this
- All information and details provided by you to Us, (including on registration as a Member), are true, accurate
and up to date in all respects and at all times.
use as set out below.
You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to
same) made by a third party in respect of any matter in relation to, or arising from, your use arising from any
Copyright and Other Intellectual Property Rights
- Your use of the Site grants no rights to you in relation to copyright, trade marks or other of Our intellectual
property rights or the intellectual property rights of third parties.
- You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit,
commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site
except for your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of
this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is
Limitation of Liability
- Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they
have been brought to Our attention, We do not warrant that the Site will be available, uninterrupted and in a fully
operating condition nor that the information on and provided via the Site will be free from errors or omissions.
- Access to this Site and its contents may be suspended temporarily and without notice in the case of system
failure, necessary maintenance or repair or for reasons beyond Our control.
- Save that nothing in this paragraph shall restrict Your statutory rights (including Your right to receive a
reasonable standard of service), all content and services on this Site are provided on an 'as is' and 'as available'
basis. We do not make any representation or give any warranty in respect of the Site or its content, including,
without limitation information provided by or regarding other users. We can not vet all Member profiles and entries to
ensure that they are appropriate or correct. Any decision made or action taken by you on the basis of information
provided on or via the Site is at your sole discretion and risk.
- Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or
otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability,
completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other
harmful programs of the content contained in or accessed through this Site.
- We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort
(including negligence) or otherwise, arising in connection with any use by you or other users of the Site that is in
negligence, (or that of our agents) or for fraud.
Security and Privacy
- Your security and those of all Our Members is very important to Us. Please read Our Privacy
Policy for important information regarding the use of Your personal data and Your rights in relation to this.
- We shall not be liable for any failure for any suspension, or termination of access to the Site or any content
arising out of a force majeure event. A force majeure event shall include, without limitation, failure of
infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes,
lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be
severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and
continue to be binding and enforceable.
in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Any sexually explicit materials found on the Site were produced and provided by third party advertisers or content
providers and are merely being distributed by Ubard Investments Ltd via the Site. Any record keeping
requirements imposed by law with respect to such materials, including pursuant to Section 2257 of Title 18 of the
United States Code, are the responsibilities of the respective producers of such materials.
- You may not use this website to solicit business from any member for your own agency, co-operative or any other
business activity whether advertised as being offered or not. This includes inviting members to join you etc..
If off topic emails are reported, they will be investigated and will most likely result in the deletion of the
offending member's details. Off topic, unsolicited emails will not be tolerated.
- We will not enter in to correspondence in relation to moderated ratings. False ratings may result in both members
- Credits purchased are not transferable and full refunds will be considered on a case by case basis. Should you
wish to contact us regarding any credits purchase matter or refund, click here.
- Credits returned to you because of unsuccessful auction bids are not transferable and full refunds will be
considered on a case by case basis.
- Members can withdraw earned credits using any of the transfer options provided subject to set thresholds. The
amount to be withdrawn will be subject to an Administration and Marketing Fee of 30%. This helps us keep many
features of this website free. Additionally the fee contributes towards our operational costs, fees for accepting
credit card payments, sales & marketing expenditure and hosting charges. This percentage charge may change at any
time without prior notice.
- Credits can be transferred to UK & EU bank accounts, (that participate in IBAN and will be conducted in Euros),
once a minimum level of 150 credits has been accrued. If your bank account is eligible then the required BIC and
IBAN numbers will be printed on your bank statement. Credits can be transferred to Payoneer or Paytoo accounts,
(where payments are conducted in USD), once a minimum level of 30 Credits has been accrued. Credits may be requested
in the form of a cheque/check in a range of currencies and posted to anywhere in the World for amounts over 50
credits. These thresholds apply for independent members. The transfer thresholds for Group administrators are higher
see the Group Transfer Request Form for more information.
- Whilst we endeavour to maintain as many payment options as possible (e.g.
bank transfer, check/cheque by post, prepayment debit/credit cards and
others), we cannot be held responsible for the operation or availability of
these systems and your ability to withdraw or use your funds once
transferred to them. You accept the risks associated with each
processing method when you specify your desired method of transfer.
- Romanian nationals living in the UK may only withdraw to UK bank accounts in
their name. When completing a
credits transfer request it is imperative that the name on their supplied ID
verification document matches the "account name" on the transfer request. (Why is this required?
Despite all the systems put in place to prevent fraud, persons from this country
seem insistent on tying to defraud the Site and it's membership.) Other
countries may be added to this at the webmasters discretion with no prior notice
and with immediate effect. We reserve the right to cancel pending
transfers that do not conform to this condition of membership.
- You are not permitted to use the Site to send or receive payment for any kind of physical meeting. This means that you must not use the Marketplace, Booking Forms, Vouchers or any other credit-exchanging facility for any purpose other than which it was designed. Anyone found to be misusing the Site to accept payment for "escort bookings", "meetings", "face to face sessions" will have their membership terminated.
- Only one profile of each role, (offering/seeking), is allowed per person. Members found with more than one profile
will be subject to whatever action deemed fit by us. This excludes couples who may advertise singly and as a
couple, although their profiles must mention their other profile. Profiles advertising more than two people or other collectives, (such as groups or models within an agency), are not permitted.
- The Other Services categories are only for persons offering these services who are not offering any other service
on this Site. If you are an escort, webcammer or phone chat operator then do not list yourself as other services. If
you register as offering other services as well as escort services, webcam or phone chat then your profile will
automatically be removed from these services. Registering as Other Services is an exclusive option.
- Links to executables diallers or other sites not related to the members profile will be removed and may result in
- All links must link to a site that displays one of the GaySwap.com Banners. Links will only be displayed on days where the banner is visible on that site and you are paying to display your phone number. Links should be to personal websites or sites promoting the member, not to competitor websites or sites where visitors can avail themselves of content that could be sold on , e.g. Links to a site selling your movie clips. If you have movie clips to sell, sell them here.
be copied or linked to without prior permission. This excludes links to profiles as long as they are linked to
using one of the URLs displayed at the bottom of each profile page.
- The success of the Site and in turn it's advertisers is dependent on the authenticity of those that advertise here
on. Accordingly, you must be fully entitled to upload all photos, movies, stories, audio and any other content
that you choose to upload here. Should the authenticity of a profile be questioned the profile will be suspended
and you will be required to supply verification documentation to confirm that you are the person appearing in the
content you have uploaded, or that you have permission/rights to upload that content. Any member who fails to
provide valid verification documentation when requested will forfeit any credits they have accumulated.
Accordingly, any ID/documentation supplied must be of a sufficient visual quality so that it can be determined as authentic.
Any members who remove identifiable images or content whilst pending credit transfers (withdrawals) are in existence
or whilst a dispute over their authenticity is in progress, will forfeit the credits accumulated until such time as
authenticity and right of use can be assured.
- The photos and movies you upload must feature you, have been filmed by you and/or legally belong to you. You are
not permitted to upload any content that has been obtained from other sources or that has been purchased or licencesed
from/by/through a 3rd party. Movies or photos featuring children or animals or that make references to incest or
rape will not be accepted and authorities will be informed. Credits will only be accrued for a movie after it has been
viewed twice in any one day (this does not apply to Movie Rentals or verified members). Only one free movie is allowed
per profile/library. The amount of credits charged must not fall below the specified minimum per megabyte value. The
current thresholds can be viewed
here. Any movies for which you set a price of zero, may be used as promotional material to promote this
- Members must not supply or upload text, audio, images or movies that contain of any of the following:
Note: watersports are permitted although depictions of urination into, or near, the mouth are not.
- persons under the age of 18 years old
- acts that threaten or appear to threaten a person's life, (this includes depictions of hanging, suffocation, or sexual assault with or without the threat
with a weapon)
- acts which result in, or appear to result (or be likely to result) in serious injury to a person's anus, breasts or genitals, (this could include the
insertion of sharp objects or the mutilation of breasts or genitals)
- acts which involve or appear to involve sexual interference with a human corpse
- acts which show a person performing or appearing to perform an act of intercourse or oral sex with an animal
- weapons (guns, knives etc)
- Any profile pictures uploaded to the Site must only be used in conjunction with . If the pictures are found on any other website your membership may be jeopardised.
- Your profile may only list webcam, phone chat or items for sale providing that all transactions are conducted
using Credits for payment. Any profiles found in breach will be removed and membership
terminated which may result in loss of credits.
- Any member found to be soliciting payment, by any method other than Credits, from
visitors for services or products that they are advertising on this site, (excluding escort services), will have their
membership terminated and we may sue for an arrant of profits.
- For Sale items advertised in categories that are not relevant and/or not appropriate will be removed and the
seller's membership will be terminated. Specific rules and terms for use of the For Sale Section can be found
- The following items may not be advertised on this site:
Prescription only medicine, (including Viagra and Cialis or any generic version of the same), Condoms, SIM Cards,
Bootleg Recordings, Unauthorised Copies (audio and video content, including 'backup copies') and any other items for
which is it illegal to sell or purchase in the country from which you are accessing this site and/or will have any
products delivered to. You are ultimately responsible for making sure that anything you are buying or selling is
permitted on and is not prohibited in the eyes of the law. We reserve the right to remove any
advertisement, profile or for sale item at our own discretion at any time.
- The facilities within the Marketplace i.e. auctions, sales and random winner items are for tangible sales only.
Tangible sales are those items that can be physically delivered to an address using the postal system. The Marketplace
area must not be used for escort related activities (bookings, deposits, random winner items) involving time or
companionship meetings as a reward, Tributes, Donations, monetary gifts, Vouchers and Gift Cards. Skype, Yahoo (etc.) and SMS-based chat sessions, Webcam or
Phone Chat sessions may not be sold within the Marketplace area as the facilities are already provided within DirectIM,
DirectCam, DirectChat, 2-Way SMS Chat, pre-booked Webcam and pre-booked Phone Chat.
- Credits purchased via premium rate SMS must not be used to purchase any tangible goods from the Marketplace or Sex Shop.
- Credits Vouchers cannot be used to pay for goods or services of any type. This includes full or part payments for meetings, webcam sessions and phone chat services.
- Premium rate and personal phone numbers or adult chat line numbers are not permitted in profiles, auto-responses,
email signatures and your DirectChat Number field.
- Members are not permitted to re-direct visitors to away to other sites, such as Amazon, to purchase items from Wishlists. If you wish visitors to to purchase items for you, you must create a Marketplace Wishlist.
- Registering on this site will automatically opt you in for receiving periodical, topical emails and SMS messages
to your phone. If you do not wish to receive any emails or SMS messages from the Site or it's agents do not register.
- Webcam providers may not list email addresses or IDs for Windows, MSN, Skype or Yahoo Messenger programmes in their
profiles, auto-responses, signatures or within the JustCamIt/DirectCam application (visually or in chat text). All webcam bookings arranged with visitors to must be
conducted using Credits.
- All members are expected to operate in an open, fair and proper manner. Persons abusing the payment mechanisms or
credits system, (which includes setting up false profiles and accruing credits fraudulently) or those found moving
credits around between members for services that have not been delivered, (or services/galleries that have been set-up
obviously to try and defraud other members or the system), will be subject to whatever action is deemed fit by
us and will most likely result in deactivation and loss of credits accrued.
- Any SMS messages that you send to this site via our short code, or in reply to a message that has originated from
the site will be charged to your mobile phone bill at your standard text message rate as defined in your mobile phone
- It is not permitted to copy other people's profiles. Be original with your text. Anyone who has obviously
copied text or images from another member's profile will be deactivated.
- Telephone numbers and Links/URLs to other websites are not permitted in Profiles or any content displayed thereon.
If you wish to show a phone number please use the 'Show Mobile Number' or 'Show Phone Chat Number' tick boxes in your
Edit Profile Page. If you wish to display/advertise URLs, please use the Manage Links button within your Edit Profile
Page. This condition of use applies to your Nickname, Profile Summary Field, Details Field, Interview Responses;
Pictures (including blog, sale item, & movie thumbnails), Picture and Movie titles and descriptions, Email
Auto-response and voicemail greeting. Images may be watermarked with a copyright message referencing a legal
entity only, such as a persons name or company, not website URL. Evidence of name registration may be required.
- It is not permitted to have the wording (or reference to) "Available Today" on Profile Summaries.
- Any image or movie you upload to this Site may be automatically watermarked with the Site's name or URL.
- Email addresses may not be entered in your Profile Details, email auto-response, email signature, blogs and/or
within the titles of images and movies nor may they be mentioned in your voicemail greeting. Please use the 'Show
Email Address' tick box next to your email address within your Edit Profile Page.
- Home addresses, premise addresses or any other form of postal address may not be entered in your Profile Details,
email auto-response, email signature, blogs and/or within the titles of images and movies.
- Your advertising and any communication or promises made to your potential clients, customers or candidates must
always be within the law. Any advice published is purely advisory and in no way represents an offer inferred or
implied, and accepts absolutely no responsibility for the actions of individuals or the
operators/managers of Groups. Any complaint of financial improprietory, false representation, misleading advertising
e.g. representing one's self as a bona fide agent of as opposed to being an operator/manager of a
Group on will result in your membership being terminated and loss of any revenues without
- Private Galleries & Pictures: Misleading titles/descriptions will most likely result in deactivation and loss of
credits. All pictures uploaded must be at least 400 pixels wide or tall. Increasing the amount of white space or
padding around an image to increase it to this size is not permitted. If you have less than 5 pictures in your Private
Gallery the price will automatically be adjusted back to the minimum of 0.5 credits. So as to avoid misleading
customers who subscribe to Private Galleries, it is not permitted to upload duplicate images and/or images that are
noticeably similar to others in your gallery. Any images the Webmaster deems to be similar or duplicates will be
deleted at the Webmaster's discretion.
- In the event of a service provider not fulfilling a webcam or phone chat booking, the member seeking services has
24 hours from the scheduled time of the booking in which to log their grievance. After this time the credits will be
passed to the service provider automatically. It is the responsibility of members to collect sufficient evidence in
order to prove that they made reasonable effort to conduct the booking.
- In the event any member not being able to satisfactorily view a movie (Freeview or pay per view), we request that
you advise us via the Feedback Page within six hours. Reports of problems beyond the six hour period will not be
included in our policy of a refund or despatch of the movie via email.
- Removing/deleting and re-uploading content that has previously been uploaded in an attempt to increase exposure to
your profile is not permitted.
- Any textual information you enter on to, or exchange with the site or it's members via the site must be written in
English. Your profile, email response/signature, Group details may not be written in a language other than
- Any fraudulent credit activities will result in your account and all credits being suspended pending our
investigation. We reserve the right to:
a) suspend accounts indefinitely; and
b) freeze credits for a period of up to 120 days.
If you are later determined to be entitled to some or all of the credits, GaySwap.com will release
those credits to you (subject to the minimum balance for withdrawal).
- If, after self deactivation, you do not:
a) reactivate your account within one month; and
b) request that any funds be transferred from your Account within two months (subject to the minimum balance for
then your funds will automatically be forfeited.
- If, after making a credits transfer request, should there be any question as to the authenticity of your profile,
and if you:
a) remove any identifiable images or content or
b) fail to provide identification upon request
those transfers will become void and and any credits accumulated will be forfeited. The Webmasters decision on this
will be final.
- Marketing & Promotions - We reserve the right, from time to time, to offer promotions in order to attract new members and to help build traffic.
We reserve the right to offer limited free previews of private galleries and movies in any such marketing,
promotion or campaign. With the exception of Affiliate Promotion Pages, any content you have uploaded to this Site
will not be displayed on any other website by us, unless you have elected to allow your profile (in whole or in part)
to be used for advertising both online and offline (print, mail & TV). Any content you have uploaded
to this site will not be displayed on any other website by us. Should any of your uploaded content appear on
other websites, you should pursue the issue with the website owner.
The forms and
input fields on this website may only be used for their intended and designed purpose. Anyone found to be
misusing a form or entering information that specifically contradicts the purpose of the field or containing form,
will be subject to whatever action is deemed fit by the webmaster and may result in closure of your profile and loss
of associated credits. Misuse includes the use of automated programs, scripts or macros run in/at/to the forms or pages on the Site.
email auto response and email signature may not be used to entice or encourage visitors to your own website in order
to avail themselves of information that is made available on this website as part of a paid for service.
Specifically, this refers to telephone numbers and IM email addresses or IDs, and will include other items as and when
they become chargeable for display on this site.
Members configured as offering Escort, Webcam or Phone Chat services
that do not login for a period of 60 days will be removed from these categories automatically. No restriction will be
placed on them reconfiguring their preferences should they revisit the Site.
Please refrain from using phrases such as "Verified", "Recommended"
or "Official" within titles, profiles or sale items as this can appear as misleading to customers. If you have
uploaded a verification photo, we make no warranties or guarantees that the picture is of the person(s) advertising or
appearing on the profile page. The verification photos are to enable customers to make their own judgment as to the
authenticity of the profile.
Members are not permitted to create or use nicknames, such as
'admin', or any other nickname that may lead other members to believe they are part of the Administration Team of
. If any member is found to be claiming to others that they are acting on behalf of, or are part of the
Administration Team, will have their membership terminated immediately and all credits will be forfeited.
DirectCam is for the provision of live interactive (text, audio &
video) adult themed services, broadcast from a webcam and/or microphone via the DirectCam Platform to visitors to the
Site. Any member found to be abusing this basic usage definition by way of spamming, advertising other websites
or services, posting off topic messages or banners, or using images to misrepresent their status or offering will most
likely be deactivated. Members are reminded that is a club where members are expected to operate
openly and honestly. For the avoidance of doubt the following is not permitted via JustCamIt/DirectCam:
- use still images in DirectCam
- use pre-recorded video in DirectCam
- have more than one profile per person
- share the same video feed across more than one JustCamIt login
- pretend to offer services (such as Escorting) that you don't.
- pretend to be in a different country than you actually are
- pretend to be of a different orientation or sexual preference (e.g.
TV/TS than you actually are) either in your summary or nickname
- appear as available for free preview, whilst camming nude on another site or not. (You must exit JCI if you cannot provide free non-nude cam sessions or untick the free setting here.)
- disclose Skype, MSN or Yahoo IDs etc., with a view to "going private" there or "continuing the chat" outside of . (This is seen as a method to circumvent the Site's payment methods and credits system for paid webcam/chat and is not permitted.)
- For more clarification on the conduct expected from members in Eastern Europe and those offering webcam services please read this.
Members from certain countries, (e.g. Albania, Romania, Russia, Latvia & Ukraine), will need to meet additional verification and ID requirements before being allowed to offer services on the Site. (Any affected national found to be working on the Site without having performed the verification steps will be suspended until such time as they have done so.) At our discretion you may be required to provide two forms of photo ID and proof of residence/domicile in the country that you purport to be in or from. Similarly, a
restriction may be placed on your account that will only allow you to withdraw funds to a bank account in your name in the verified country.
This verification and checking process
may be performed by one of our Business Advisors. In extreme cases some members may be
required to subscribe to the support agreement offered by the advisor and be liable for the costs of doing so. Should
the member fail to stay within the terms of the agreement, or fail to pay the associated charges, their membership of
the Site may be terminated. Business Advisors are entitled to refuse you membership to the Site.
- Business Advisors are not required to give you support unless you have subscribed to
their support programme. Members within groups covered by a support agreement cannot negate the agreement by
registering a profile outside of the group or independently of the group's manager.
Due to the continued attempts to deceive and defraud, members that have been
in a support agreement will remain so until the end of December 2013.
Any members who's agreement has ended at that time will be reviewed and
removed from the agreement's financial obligations if we believe they will
- To further protect the Site and it's members from those who set out to defraud and decieve, nationals of certain countries will be required to have their nationality appear on their profile page. Others may be restricted to only receive payments to accounts that are set-up in their name and to bank accounts registered in the same country as that in which they claim to reside, (also in their own name).
- Any member found to be swapping profile pictures to show different people, or changing a profile's underlying
identity, after verification will have their membership suspended for a minimum of two weeks. Once verified all
profile content must pertain to the verified member.
- Any member who re-registers whilst having an existing profile in a group under an Advisor Support Agreement will need to
undertake the Advisor's Support Agreement for their new independent or group profile.
Any content (wording, graphical or audible) that suggests under age
activity, activities involving animals or activities that are normally conducted against the will of an involved
party, whether published in the context of role-play or otherwise, are not permitted in any area of the Site. This
includes but is not limited to, your profile summary and details, picture titles, movie descriptions, blogs, sale
items and erotica articles.
Any reference to un-protected intercourse, or the provision of it, is
not permitted in your nickname or profile summary. This includes terms such as bareback and BB. Members
offering such services should select the relevant "Enjoys" preferences in their Edit Profile page.
- Musical tracks must not be used on movies unless you are the author or publisher of said track.
- Group Profiles - Ownership Rights:
Profiles belonging to a Group are the property of the Group Manager. If members employ persons to set up and/ or allow
others to access to their profiles, we will not become involved with any financial arrangements they may have had with
Should a Group Member wish to leave a Group they must get the Group Manager's consent. The Group Manager must contact
us to request the removal of a profile from the Group. If consent is not given by the Group Manager, then the Group
Member profile may (at the request of the Group Member) be deactivated from further advertisement (with the exception
of those Group Managers in possession of a signed model disclaimer for digital content, in which case the profile may
remain in a content only format).
In all cases the credit balance of the Group Member remains the property of the Group Manager.