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.
SEX TEXT 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
70plusphonesex.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.70plusphonesex.co.uk/termsandcondtions.htm
In addition, when using particular 70plusphonesex.co.uk
owned or operated services, you and 70plusphonesex.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
70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.co.uk,
are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make
available via the Service. 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.co.uk may or
may not pre-screen Content, but that 70plusphonesex.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, 70plusphonesex.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 70plusphonesex.co.uk or
submitted to 70plusphonesex.co.uk, including without
limitation information on 70plusphonesex.co.uk website,
and in all other parts of the Service.
You acknowledge, consent and agree that 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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
70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.co.uk network
of properties that are intended by 70plusphonesex.co.uk
to be available to the general public. By way of
example, publicly accessible areas of the Service
would include 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.co.uk
reserves the right to modify these general practices
and limits from time to time.
10. MODIFICATIONS TO SERVICE
70plusphonesex.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 70plusphonesex.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 70plusphonesex.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 70plusphonesex.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. 70plusphonesex.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 70plusphonesex.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@70plusphonesex.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 70plusphonesex.co.uk and govern your use
of the Service, superseding any prior agreements
between you and 70plusphonesex.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 70plusphonesex.co.uk
shall be governed by the laws of England. You and
70plusphonesex.co.uk agree to submit to the personal
and exclusive jurisdiction of the English Courts.
Waiver and Severability of Terms.
The failure of 70plusphonesex.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:
lovebox@70plusphonesex.co.uk
HelpDesk Tel. No. 0871 712 8913
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