Terms of Service – IN PLAIN ENGLISH
Terms of Service: Below is a proposed revision and updating of our Terms of Service [220218] We encourage comments from past, present and potential Service users, the UK Regular, business partners and other stakeholders and interested parties. Our Terms of Service (Tos) form the basis by which we allow You and other people to use the Service. Service use is conditional upon and subject to strict adherence to our Terms of Service, so it is very important that our ToS are legally comprehensive, readily accessible and easy to read (understood).
XXX SEX CONTACTS – PROPOSED REVISION TO OUR TERMS OF SERVICE
This proposal was posted on 22 February 2018.
Thank you for visiting us at xxxsexcontacts.com (the ‘Site’).
These Terms of Service (the ‘Terms’) are the terms on which the Site and the Service as more particularly described in clause 3 below are made available to you (‘You’/‘Your’).
By accessing and using the Site or Service You agree to be bound by these Terms. If you do not accept these Terms, do not use or access the Site.
We may change these terms from time to time, so you should review them each time you visit the Site. You may print or save a copy of these Terms for Your reference but the most up to date version of these Terms will always be made available here whilst this Site is operational. However, We will not file a copy of these Terms as they specifically reflect Our agreement with You.
- DISCLAIMER – Terms of Service
THE SERVICE IS FOR ADULTS 18+ ONLY – Terms of Service.
The women behind the profiles are not Our employees and the provision of the Service shall be directly between You and Your chosen sex contact. You and Your sex contact are solely responsible for the conversations which occur while engaging in private message exchanges. We will not be liable for any damages sustained due to reliance by You on such information provided by any sex contact You choose to exchange messages with.
- GOVERNING LAW AND JURISDICTION – Terms of Service
These Terms shall be governed by and interpreted in accordance with the laws of England. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England.
- OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY – Terms of Service
3.1 Some of the content posted via the Service is third-party content and therefore We do not always have control over the content of communications made by or between Service users and cannot be held liable for any content of or consequences of such content. You must be aware that any information provided by another user of the Service may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using the Service and providing any information to another user of the Service.
3.2 The information contained on this Site and provided via the Service are for information and entertainment purposes only. You should check any information on the Site or provided via the Service and use your own judgement before doing or not doing anything on the basis of what you see, read or hear. Any decisions or action taken by You on the basis of information provided on or via the Site are at Your sole discretion and risk and You should obtain individual professional advice where necessary.
3.3 We will provide the Service with reasonable care and skill and use all reasonable endeavours to correct any errors and admissions as soon as practicable once they have been brought to our attention, however to the extent permitted by Law, WE DO NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY (WHETHER EXPRESS OR IMPLIED) IN RESPECT OF SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AS TO THE QUALITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED IN CONNECTION WITH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY STATEMENTS MADE BY ADVERTISERS ON OR VIA THIS SERVICE.
3.4 TO THE EXTENT PERMITTED BY LAW WE ARE NOT LIABLE FOR:
(a) any action you may take as a result of relying on any information provided on this Site or by any one person You choose to contact via this site or for any loss or damage suffered by you as a result of You taking this action;
(b) any dealings You have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
(c) any liability for losses which are not a foreseeable or a likely consequence of (i) Your use of the Site, or (ii) a breach of these Terms.
3.5 IN ALL OTHER CIRCUMSTANCES, OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR FOR THE SERVICE, WHETHER IN CONTRACT OR TORT FOR ANY CAUSE OF ACTION, EVEN AN ACTION ARISING FROM OUR OWN NEGLIGENCE OR THE NEGLIGENCE OF OTHERS WHO USE THE SITE, OUR FRAUD, OR FRAUDULENT MISREPRESENTATION SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT TO US FROM YOU IN RELATION TO THE RELEVANT SERVICE SESSION. IN NO EVENT WILL WE OR ANY PERSON YOU EXCHANGE MESSAGES WITH BE LIABLE FOR: ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICE. WHERE THIS LIMITATION IS UNENFORCEABLE, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW.
3.6 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND THOSE YOU CONTACT, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCLUDING, WITHOUT LIMITATION, LAWYERS’/ATTORNEYS’ FEES AND COSTS, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF: (I) ANY BREACH BY YOU OF THE AGREEMENT OR ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN; OR (II) YOUR USE OF THE SITE OR SERVICE.
3.7 We are not responsible if You cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of Your or Our ISP, Your browser or the Internet.
3.8 The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, We cannot guarantee that the Site or any individual feature of the Site will be free from viruses or bugs.
3.9 Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
3.10 We will co-operate with any regulators (including, without limitation, Phonepaid Services Authority (the UK’s premium rate services regulator)), law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching clause 10.4 and 12.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law or may exercise our discretion to disclose information about You or Your use of this Service to such persons.
- INFORMATION ABOUT US/ GENERAL INFORMATION
4.1 We are XXX Sex Contacts and are based in the United Kingdom. We can be contacted anytime via the secure form on our Site which is located https://www.xxxsexcontacts.com/contact/ (‘We’/ ‘Us’/’Our’).
4.2 If You have a question, query, complaint or comment about Our Service or Site then You may contact Us via the secure form on our website https://www.xxxsexcontacts.com/contact/
- SERVICE
We provide an adult text chat service (‘Service’) for You to access subject to and conditional upon You complying with these Terms as follows:
5.1 Virtual interactive sex text chat (adult sexting introduction service): We facilitate person-to-person text Services which enable You to enter into private message exchanges with another person.
5.2 No one using the Service is authorised to disclose or receive any personal or contact information. If anyone using the Service offers or asks for or discloses this kind of personal information We should be notified immediately.
5.3 We may modify the Service at any time in order to take account of changes to law and to provide You with a better Service or new Service.
- COPYRIGHT/COPYRIGHT LICENCE
6.1 You may not use the Service, this Site or any part(s) thereof for any purposes other than for Your own personal use nor for any commercial purposes including, without limitation, leaving or distributing advertisements or promotions or offers, either directly or indirectly, services or goods for sale.
6.2 Your use of the Service, this Site and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in this Site and its contents or comprised in any of the Services.
6.3 You may not, without limitation, copy, reproduce, republish, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Site and its contents, the Service or any part(s) thereof.
6.4 Any use other than that permitted under clause 3 may only be undertaken with Our prior express permission.
- JOINING THE SERVICE
7.1 You must be 18 years old or older and be in the UK to access Our Site and Services.
7.2 Only one ‘join’ per person is allowed – no multiple mobile access to the Service is permitted without Our written authority for You to do so.
7.3 You must keep your Service interactions confidential.
7.4 You must not:
(i) impersonate or try to impersonate another person;
(ii) disclose private message exchanges to anyone else;
(iii) allow anyone else to access the Service using Your mobile number;
(iv) use anyone else’s mobile without first having the bill-payer’s permission.
7.5 You are responsible for everything done using the mobile account You used to access the Service. If you think that someone else may have access to, or be using, Your mobile to access the Service, You must tell us as soon as possible by contacting Us here https://www.xxxsexcontacts.com/contact/
- SUSPENDING OR TERMINATING YOUR SERVICE ACCESS
8.1 You must be 18 years of age or over to access the Site or use the Service. If We discover or suspect that You are not 18 years or older then We will bar or terminate Your access to the Service immediately and without notice.
8.2 We may suspend, terminate or prevent your access to the Service at our sole discretion. This may be because, for example, we consider that You have breached or will breach these Terms or someone has reported abuse.
8.3 Where We suspend, terminate or prevent Your right to use the Service, You must not attempt to re-join or submit content (e.g. using someone else’s mobile number), without Our permission. The period of any suspension depends on all the circumstances.
- FEES AND PAYMENTS
9.1 The fees for the Service that you purchase through the Site will be stated on the Site. We may in Our absolute discretion choose to amend these from time to time.
9.2 You agree that you will pay for any Service which You use on the Site by Premium SMS (PSMS). You are ultimately responsible for the timely payment of all fees relating to the Service You have received.
9.3 The charge for the Service will be clearly indicated on Our Site. You will be automatically charged for Your Service use to Your mobile account which will be in accordance with the applicable charges prevailing at the time and as clearly stated on the Site.
9.4 Credit card charges are processed by third party processors who process payments securely. In the event you choose to make a payment from our Site, you will be transferred to the appropriate third party successor’s website where the payments shall be processed.
9.5 For any help or assistance with payment for the Service please contact Us by using the secure contact form at https://www.xxxsexcontacts.com/contact/
- YOUR USE OF THE SITE/VISITOR MATERIAL AND CONDUCT
10.1 You may view content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks and copyright and trademark notices are not removed.
10.2 Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, link, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever.
10.3 You must not use all or any part of our Site or the contents on it for any commercial purposes.
10.4 You agree that in using the Service and Site You will not:
10.4.1 use the Service or Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
10.4.2 use the Service or Site for any purpose other than Your personal use, in any way that may reasonably be deemed unfair usage;
10.4.3 leave any content or act in any manner which is defamatory, in breach of copyright or may have the effect of harassing, offending, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religions, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal;
10.4.4 record or disclose personal data regarding another user of the Site or person including, without limitation, their email, address or other contact details that would enable another user of the Site to contact them without their express consent; or
10.4.5 use the Service or Site to engage in discussion of any subject that is illegal or grossly offensive.
10.5 Please note that We may, for training purposes and to investigate any complaints at Our discretion monitor messages for the purpose of ensuring compliance with these Terms.
- YOUR CONTENT – WHAT WE ARE ALLOWED TO DO
11.1 We may publish, check, edit or remove all or part of the comments or other material, including your name, town, and country, which you submit to Us for use on the Site (‘Your Content’), at Our sole discretion. We are not obliged to do any of these things and We may not.
11.2 You retain any copyright you may have in Your Content. By submitting material to Us, you grant Us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this licence. The licence is capable of sub-licence by Us to other entities and brands in Our group of companies.
11.3 To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
11.4 This clause 11 means, for example (without limitation), that We can:
11.4.1 Continue to publish all or part of Your Content, including your name, town, and country; even if you change your mind and want us to remove it and/or you no longer use the Service;
11.4.2 Remove Your Content, even if you have not breached these Terms.
11.4.3 Use all or part of Your Content in promoting our Service.
11.4.4 Edit your Content, which may result in a part of it being modified and displayed, including without your name. Please note that We do not check, monitor, moderate or even see all the comments and other material submitted to us.
12 YOUR CONTENT – WHAT YOU ARE NOT ALLOWED TO DO
12.1 You must not submit any material that:
(a) is:
(i) defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,
(ii) a breach of confidentiality or someone’s privacy;
(b) could prejudice any active legal proceedings of which you are aware;
(c) is likely to:
(i) cause someone alarm, anxiety or distress;
(ii) encourage violence or racial or religious hatred;
(d) infringe any intellectual property rights, such as copyright and trademarks. This means generally that You must own the rights in everything You submit or must obtain permission from the rights owner to submit the material;
(e) be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
(f) advertise any product or services;
(g) impersonate anyone else or otherwise misrepresent your identity, affiliation or status;
(h) breach these Terms and/or our Privacy Policy;
(i) encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
12.7.2 You must not include links on the Site to any other websites or webpages.
12.7.3 You must not try to get around any protections we put in place for the security and operation of the Site.
12.7.4 You must not re-submit content which you are aware has been removed.
12.8 We reserve the right to suspend, restrict or terminate Your access to the Service at any time without notice at Our discretion where You are or We suspect that You may be in breach of these Terms.
- YOUR PERSONAL INFORMATION
We will use your personal information in accordance with Our Privacy Policy which is available on the Site. Our Privacy Policy forms part of these Terms and is deemed by the reference in these Terms to be incorporated.
- MAINTENANCE OF THE SITE
14.1 Making Your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.
14.2 We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.
- CHANGES TO THESE TERMS
15.1 We are constantly looking for new ways to improve our Service and to enhance Your experience. We, therefore, reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on Our website and You will be deemed to have accepted any such changes by Your use of this Website or Service from such time.
- SEVERANCE
16.1 Each provision of these Terms shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- GENERAL
17.1 This Agreement sets forth the entire understanding and agreement between Us and You with respect to the subject matter hereof. Please note that prices, as advertised, may be subject to change and therefore it is important that You review these Terms and the Site before using the Service to ensure that You are aware of the latest charges that will apply. All such changes will take effect once they have been posted on Our Site and You will be deemed to have accepted any such changes when You next choose to use the Service.
17.2 These Terms are only available in the English language.
- CONTACTING US
Please submit any question You have about these Terms or any query concerning the Service by writing to us at: https://www.xxxsexcontacts.com/contact/