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
domphonesex.co.uk 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.domphonesex.co.uk/termsandcondtions.htm
In addition, when using particular domphonesex.co.uk
owned or operated services, you and domphonesex.co.uk
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
domphonesex.co.uk 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 domphonesex.co.uk 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 domphonesex.co.uk
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 domphonesex.co.uk 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 domphonesex.co.uk, are entirely responsible
for all Content that you upload, post, email,
transmit or otherwise make available via the
Service. domphonesex.co.uk 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 domphonesex.co.uk
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 domphonesex.co.uk 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 domphonesex.co.uk may or
may not pre-screen Content, but that domphonesex.co.uk
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, domphonesex.co.uk 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 domphonesex.co.uk or submitted
to domphonesex.co.uk, including without limitation
information on domphonesex.co.uk website, and
in all other parts of the Service.
You acknowledge, consent and agree that domphonesex.co.uk
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
domphonesex.co.uk, 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 domphonesex.co.uk
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
domphonesex.co.uk 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 domphonesex.co.uk 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 domphonesex.co.uk, 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 domphonesex.co.uk 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 domphonesex.co.uk, 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 domphonesex.co.uk 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 domphonesex.co.uk,
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 domphonesex.co.uk
network of properties that are intended by domphonesex.co.uk
to be available to the general public. By way
of example, publicly accessible areas of the
Service would include domphonesex.co.uk web
pages, including Photos and profile descriptions
that are open to both members and visitors.
7. INDEMNITY
You agree to indemnify and hold domphonesex.co.uk,
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 domphonesex.co.uk 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 domphonesex.co.uk
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 domphonesex.co.uk
reserves the right to modify these general practices
and limits from time to time.
10. MODIFICATIONS TO SERVICE
domphonesex.co.uk 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 domphonesex.co.uk 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 domphonesex.co.uk
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 domphonesex.co.uk 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. domphonesex.co.uk 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 domphonesex.co.uk 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@domphonesex.co.uk
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 domphonesex.co.uk and govern your use
of the Service, superseding any prior agreements
between you and domphonesex.co.uk. 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
domphonesex.co.uk shall be governed by the laws
of England. You and domphonesex.co.uk agree
to submit to the personal and exclusive jurisdiction
of the English Courts.
Waiver and Severability of Terms.
The failure of domphonesex.co.uk 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:
info@domphonesex.co.uk
HelpDesk Tel. No. 0871 712 8913
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