TERMS
AND CONDITIONS FOR PREMIUM RATE TELEPHONE SERVICES
These
terms and conditions (" Terms ") were
last updated on the 20th July 2009 and published
on the 20th July 2009.
LIVE
PHONE SEX
18+. Calls cost £1.50 per min from a BT
landline. Calls from mobiles and other networks
may vary. All live calls are recorded. DSL,
BM Box 8027, London, WC1N 3XX. Customer Careline:
0870 046 5910.
TEXT
SEX CHAT
These Terms govern your (You/Your) use of and
access to the adult text chat services that
we offer. In using this service You will be
deemed to have accepted these Terms and You
must therefore make sure that You have read
these Terms carefully. If You do not agree to
these Terms then You must not use or access
the service.
1.
ACCEPTANCE OF TERMS
phonesexresources.com
provides its service to you, subject to the
following Terms of Service ("TOS"),
which may be updated by us from time to time
without notice to you. You can review the most
current version of the TOS at any time at: www.phonesexresources.com/termsandcondtions.htm
In addition, when using particular phonesexresources.com
owned or operated services, you and phonesexresources.com
shall be subject to any posted guidelines or
rules applicable to such services which may
be posted from time to time. All such guidelines
or rules (including but not limited to our Spam
Policy) are hereby incorporated by reference
into the TOS.
2.
DESCRIPTION OF SERVICE
phonesexresources.com
currently provides users with a forum that allows
men and women to make contact with each other
to chat, explore sexual fantasies and discuss
sexual experiences via text messaging using
their mobile phones (the "Service").
You also understand and agree that the Service
may include advertisements and that these advertisements
are necessary for phonesexresources.com to provide
the Service. Unless explicitly stated otherwise,
any new features that augment or enhance the
current Service, including the release of new
properties, shall be subject to the TOS. You
understand and agree that the Service is provided
"AS-IS" and that phonesexresources.com
assumes no responsibility for the timeliness,
deletion mis-delivery or failure to store any
user communications. You are responsible for
obtaining access to the Service and that access
may involve third party fees (such as those
levied by mobile phone network providers). You
are responsible for those fees, including those
fees associated with receiving any text messages.
In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that phonesexresources.com is
adult or mature content. You must be at least
18 years of age to access, view and use the
Service.
3.
COST OF SERVICE
This
is a non-subscription service. Each text that
you receive costs just £1.50. (max 2-4
billed messages per reply) Some free texts may
be sent to users of this service. Photos/videos
sent in by you or sent to you are charged at
just £1.50 each.
4.
PRIVACY POLICY
Registration
Data and certain other information about you
are subject to our Privacy Policy.
5.
CONDUCT
You
understand that all information, data, text,
photographs, graphics, video, messages or other
materials ("Content"), whether publicly
posted or privately transmitted, are the sole
responsibility of the person from which such
Content originated. This means that you, and
not phonesexresources.com, are entirely responsible
for all Content that you upload, post, email,
transmit or otherwise make available via the
Service. phonesexresources.com does not control
the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or
quality of such Content. You understand that
by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable.
Under no circumstances will phonesexresources.com
be liable in any way for any Content, including,
but not limited to, for any errors or omissions
in any Content, or for any loss or damage of
any kind incurred as a result of the use of
any Content posted, emailed, transmitted or
otherwise made available via the Service.
You
agree to not use the Service to:
•
upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libellous, invasive of another's
privacy, hateful, or racially, ethnically or
otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including,
but not limited to, a phonesexresources.com official,
or falsely state or otherwise misrepresent your
affiliation with a person or entity;
• manipulate identifiers in order to disguise
the origin of any Content transmitted through
the Service;
• upload, post, email, transmit or otherwise
make available any Content that you do not have
a right to make available under any law or under
contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
• upload, post, email, transmit or otherwise
make available any Content that infringes any
patent, trademark, trade secret, copyright or
other proprietary rights ("Rights")
of any party;
• upload, post, email, transmit or otherwise
make available any unsolicited or unauthorised
advertising, promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation, except in those areas that
are designated for such purpose;
• upload, post, email, transmit or otherwise
make available any material that contains software
viruses or any other computer code, files or
programs designed to interrupt, destroy or limit
the functionality of any computer software or
hardware or telecommunications equipment;
• disrupt the normal flow of dialogue,
cause a screen to "scroll" faster
than other users of the Service are able to
type, or otherwise act in a manner that negatively
affects other users' ability to engage in Hot time exchanges;
• interfere with or disrupt the Service
or servers or networks connected to the Service,
or disobey any requirements, procedures, policies
or regulations of networks connected to the
Service;
• intentionally or unintentionally violate
any applicable law;
• "stalk" or otherwise harass
another;
• or collect or store personal data about
other users.
You
acknowledge that phonesexresources.com may or
may not pre-screen Content, but that phonesexresources.com
and its designees shall have the right (but
not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that
is available via the Service. Without limiting
the foregoing, phonesexresources.com and its
designees shall have the right to remove any
Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate,
and bear all risks associated with, the use
of any Content, including any reliance on the
accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that
you may not rely on any Content created by phonesexresources.com
or submitted to phonesexresources.com, including
without limitation information on phonesexresources.com
website, and in all other parts of the Service.
You
acknowledge, consent and agree that phonesexresources.com
may access, preserve, and disclose information
and Content if required to do so by law or in
a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates
the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect
the rights, property, or personal safety of
phonesexresources.com, its users and the public.
You understand that the technical processing
and transmission of the Service, including your
Content, may involve (a) transmissions over
various networks; and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices.
You
understand that the Service and software embodied
within the Service may include security components
that permit digital materials to be protected,
and use of these materials is subject to usage
rules set by phonesexresources.com and/or content
providers who provide content to the Service.
You may not attempt to override or circumvent
any of the usage rules embedded into the Service.
Any unauthorised reproduction, publication,
further distribution or public exhibition of
the materials provided on the Service, in whole
or in part, is strictly prohibited.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
phonesexresources.com
does not claim ownership of Content you submit
or make available for inclusion on the Service.
However, with respect to Content you submit
or make available for inclusion on publicly
accessible areas of the Service, you grant phonesexresources.com
the following world-wide, royalty free and non-exclusive
license(s), as applicable:
• With respect to Content you submit or
make available for inclusion on publicly accessible
areas of phonesexresources.com, the license to
use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on
the Service solely for the purposes of providing
and promoting the specific Service to which
such Content was submitted or made available.
This license exists only for as long as you
elect to continue to include such Content on
the Service and will terminate at the time you
remove or phonesexresources.com removes such
Content from the Service.
• With respect to photos, graphics, audio
or video you submit or make available for inclusion
on publicly accessible area of the Service other
than phonesexresources.com, the license to use,
distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on
the Service solely for the purpose for which
such Content was submitted or made available.
This license exists only for as long as you
elect to continue to include such Content on
the Service and will terminate at the time you
remove or phonesexresources.com removes such
Content from the Service.
• With respect to Content other than photos,
graphics, audio or video you submit or make
available for inclusion on publicly accessible
areas of the Service other than phonesexresources.com,
the perpetual, irrevocable and fully sub licensable
license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform
and publicly display such Content (in whole
or in part) and to incorporate such Content
into other works in any format or medium now
known or later developed.
"Publicly accessible" areas of the
Service are those areas of the phonesexresources.com
network of properties that are intended by phonesexresources.com
to be available to the general public. By way
of example, publicly accessible areas of the
Service would include phonesexresources.com web
pages, including Photos and profile descriptions
that are open to both members and visitors.
7.
INDEMNITY
You
agree to indemnify and hold phonesexresources.com,
and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees,
harmless from any claim or demand, including
reasonable legal fees, made by any third party
due to or arising out of Content you submit,
post, transmit or make available through the
Service, your use of the Service, your connection
to the Service, your violation of the TOS, or
your violation of any rights of another.
8.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial
purposes, any portion of the Service, use of
the Service, or access to the Service.
9.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that phonesexresources.com may establish
general practices and limits concerning use
of the Service, including without limitation
the maximum number of days that text messages
or other uploaded Content will be retained by
the Service, the maximum number of messages
that may be sent from or received by a user
of the Service, the maximum size of any message
that may be sent from or received by a user
of the Service. You agree that phonesexresources.com
has no responsibility or liability for the deletion
or failure to store any messages and other communications
or other Content maintained or transmitted by
the Service. You further acknowledge that phonesexresources.com
reserves the right to modify these general practices
and limits from time to time.
10.
MODIFICATIONS TO SERVICE
phonesexresources.com
reserves the right at any time and from time
to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof)
with or without notice. You agree that phonesexresources.com
shall not be liable to you or to any third party
for any modification, suspension or discontinuance
of the Service.
11.
TERMINATION OF SERVICE
To
stop the service, text stop to 89126. You will
receive a free stop request processed message.
12.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or
participation in promotions of, advertisers
found on or through the Service, including payment
and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You agree that phonesexresources.com
shall not be responsible or liable for any loss
or damage of any sort incurred as the result
of any such dealings or as the result of the
presence of such advertisers on the Service.
13.
PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any
necessary software used in connection with the
Service ("Software") contain proprietary
and confidential information that is protected
by applicable intellectual property and other
laws. You further acknowledge and agree that
Content contained in sponsor advertisements
or information presented to you through the
Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly
authorised by phonesexresources.com or advertisers,
you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works
based on the Service or the Software, in whole
or in part. phonesexresources.com grants you
a personal, non-transferable and non-exclusive
right and license to use the object code of
its Software on a single computer; provided
that you do not (and do not allow any third
party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right
in the Software. You agree not to modify the
Software in any manner or form, or to use modified
versions of the Software, including (without
limitation) for the purpose of obtaining unauthorised
access to the Service. You agree not to access
the Service by any means other than through
the interface that is provided by phonesexresources.com
for use in accessing the Service.
14.
DISCLAIMER OF WARRANTIES
SMS
Marketing Messages and Electronic Communication
Regulations 2003:
We will ensure that we comply with all the protection
the Data Protection Act 1998 and the Privacy
Communication Regulation 2003 afforded to you.
If you use any of our services, we reserve the
rights to use any information we collect for
future direct promotions or campaigns. We are
also unable to distinguish between non withheld
and withheld numbers so some withheld numbers
may still receive promotional messages. If you
would prefer not to receive marketing message
and to opt out send "STOP" to "89126"
with your mobile, send an email request including
your phone number to info@phonesexresources.com
or call our 24hr Help Desk on 08717128913 and
leave a message detailing the mobile telephone
number that you wish to be taken off of our
promotional data base.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
•
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. DOMPHONESEX
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• DOMPHONESEX MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM AND/OR MOBILE PHONE OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM DOMPHONESEX
OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOMPHONESEX
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF DOMPHONESEX
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
15.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
16.
NO THIRD PARTY BENEFICIARIES
You
agree that, except as otherwise expressly provided
in this TOS, there shall be no third party beneficiaries
to this Agreement.
17.
GENERAL INFORMATION
Entire
Agreement.
The TOS constitute the entire agreement between
you and phonesexresources.com and govern your
use of the Service, superseding any prior agreements
between you and phonesexresources.com. You also
may be subject to additional terms and conditions
that may apply when you use or purchase certain
other services, affiliate services, third-party
content or third-party software.
Choice
of Law and Forum.
The TOS and the relationship between you and
phonesexresources.com shall be governed by the
laws of England. You and phonesexresources.com
agree to submit to the personal and exclusive
jurisdiction of the English Courts.
Waiver
and Severability of Terms.
The failure of phonesexresources.com to exercise
or enforce any right or provision of the TOS
shall not constitute a waiver of such right
or provision. If any provision of the TOS is
found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that
the court should endeavour to give effect to
the parties' intentions as reflected in the
provision, and the other provisions of the TOS
remain in full force and effect.
Statute of Limitations. You agree that regardless
of any statute or law to the contrary, any claim
or cause of action arising out of or related
to use of the Service or the TOS must be filed
within one (1) year after such claim or cause
of action arose or be forever barred.
The
section titles in the TOS are for convenience
only and have no legal or contractual effect.
18.
VIOLATIONS
Please
report any violations of the TOS to:
HelpDesk Tel. No. 0844 249 1224
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