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Zip File

 
 

Term and Services Client Agreement.

This legal agreement binds you to all of the terms listed herein.  Website Owners, Operators, and Group Owners who enter into the  Term and Services Client Agreement will be referred to as "Site Operators."

Website visitors that join and use for entertainment usage and who enter into the Term and Services Client Agreement will be referred to as "Site Clients." 

The Term and Services Client Agreement can be changed at anytime without prior notification.  Please keep up to date regarding recent changes to our policies. 

The policies, terms and conditions below limit liability and obligations to you and allow to change, suspend or terminate your access to and use of our website and services.

We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. To the extent that there are any conflicts between the terms or conditions in such related policies and this Client Agreement, the terms and conditions of the Client Agreement shall govern.

1. Our site offers limited eligibility Site Operators.

Our website and services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.

2. Site Operators speak to Site Clients at their own risk.

(a) We do not evaluate, provide, produce or control information or exchanges between Customers. Our site does not itself provide any information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Customer. Further, we do not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will we be held responsible for any Site Operator's failure to comply with laws or regulations concerning the content of listings. Instead, we act as a technology service that allows Site Clients to share information, entertainment services or other products or services among themselves. Although we help its Clients connect with each other, it does not monitor the advice exchanged, and, as a result, we do not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Site Clients, including without limitation any information contained in Site Operator listings or made available through this Site. Our site is not intended for use as a payment service to exchange goods. We are not responsible for use or exchange of any information, files or goods between Site Clients and Site Operators. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using our site, in evaluating the qualifications of, and statements made by, Site Clients in listings or through the Site Customer feedback system, and in disclosing personal information to other Site Operators or Site Clients. We recommend that you do not disclose personal contact information to Site Clients. If you do, you do so at your own risk. We assume no responsibility for monitoring any Site Customer feedback or otherwise policing its Site Clients in any way. If you ever believe that a Client has violated the law or is defrauding, threatening or endangering anyone, we urge you immediately to contact the police directly for help. In addition we do not recommend or encourage Site Clients to use our site to solicit other Site Clients to meet in person.

(b) ThePhoneSexHotline.com does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by ThePhoneSexHotline.com Operators or ThePhoneSexHotline.com Clients. You must use your judgment to determine whether to initiate, receive and/or discontinue use of ThePhoneSexHotline.com. ThePhoneSexHotline.com Clients who initiate, receive and/or discontinue use of ThePhoneSexHotline.com do so entirely at their own risk, and ThePhoneSexHotline.com bears no responsibility in this regard. In accordance with it's Privacy Policy. ThePhoneSexHotline.com does not monitor telephone conversations between Clients. However, ThePhoneSexHotline.com reserves the right to contact ThePhoneSexHotline.com Operators and review messages without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Client Agreement and to take other action as set forth in the Privacy Policy.

(c) If you have a dispute with another ThePhoneSexHotline.com Operator or ThePhoneSexHotline.com Customer, or suffer any harm arising out of or connected with any ThePhoneSexHotline.com services, you hereby waive all claims against and release ThePhoneSexHotline.com (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by ThePhoneSexHotline.com or with regard to such disputes.

3. ThePhoneSexHotline.com may modify this Client Agreement, or suspend or terminate your use of the Site, at any time without notice to you.

(a) ThePhoneSexHotline.com reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. If any modification is not acceptable to you, your only recourse is to cease using ThePhoneSexHotline.com. By continuing to use ThePhoneSexHotline.com following any posting of a new Client Agreement or policies on the Site, you accept and agree to be bound by the new Client Agreement or policies.

(b) Without limiting other remedies, ThePhoneSexHotline.com may at any time suspend or terminate your ThePhoneSexHotline.com Operator or ThePhoneSexHotline.com Customer account and refuse to provide access to the Site without reason or notice to you. In addition, ThePhoneSexHotline.com may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if ThePhoneSexHotline.com suspects that you have failed to comply with any provision of this Client Agreement or any policies or rules established by ThePhoneSexHotline.com; (ii) if ThePhoneSexHotline.com is unable to verify or authenticate of any billing or payment information you provide to ThePhoneSexHotline.com; or (iii) if ThePhoneSexHotline.com suspects that your actions may be illegal or cause liability, harm or disruption for you, other ThePhoneSexHotline.com Operators or ThePhoneSexHotline.com Clients, or ThePhoneSexHotline.com.

4. ThePhoneSexHotline.com provides website and listing services to ThePhoneSexHotline.com Operators.

ThePhoneSexHotline.com acts only as an interface to facilitate communications initiated between ThePhoneSexHotline.com Operators or ThePhoneSexHotline.com Clients. As a ThePhoneSexHotline.com Operator, you are not an employee, agent or contractor of ThePhoneSexHotline.com, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use ThePhoneSexHotline.com, and for reporting and payment of all taxes associated with fees transferred to you by ThePhoneSexHotline.com.

5. You are solely responsible for your activities on ThePhoneSexHotline.com under your ThePhoneSexHotline.com Operator account.

(a) You agree to maintain the confidentiality of your password and ThePhoneSexHotline.com Operator account information and to supervise all activities that occur under your ThePhoneSexHotline.com Operator account, including, but not limited to, any and all usage of ThePhoneSexHotline.com by other persons under your ThePhoneSexHotline.com Operator name and password. You agree that you will not permit, enable, introduce or facilitate (i) non- ThePhoneSexHotline.com Operators having access to or use of ThePhoneSexHotline.com Services in any manner without such individuals first becoming ThePhoneSexHotline.com Operators.

(b) You agree that ThePhoneSexHotline.com is not responsible for any loss that you may incur as a result of any unauthorized person using your ThePhoneSexHotline.com Operator account or password. You agree that ThePhoneSexHotline.com may use information provided by you as described in the Privacy Policy.

(c) Based on ThePhoneSexHotline.com Operator account use and other factors identified by ThePhoneSexHotline.com in its sole discretion, ThePhoneSexHotline.com may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide ThePhoneSexHotline.com with additional information that may be requested, you consent to ThePhoneSexHotline.com's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize ThePhoneSexHotline.com to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.

6. In using or accessing ThePhoneSexHotline.com services, you agree to comply with the following:

(a ) You (as an ThePhoneSexHotline.com Operator) are solely responsible for the content provided and the content within your sub-domain website created under your Client account.

(b) You (as an ThePhoneSexHotline.com Operator) will not record or otherwise store any live or pre-recorded voice messages that you receive through ThePhoneSexHotline.com. You (as an ThePhoneSexHotline.com Operator) will not record or otherwise store any calls you conduct with an ThePhoneSexHotline.com Customer.

(c) You will not use ThePhoneSexHotline.com for any purpose that is unlawful, fraudulent or contrary to this Client Agreement and the policies of ThePhoneSexHotline.com, and you will cooperate fully with ThePhoneSexHotline.com to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized ThePhoneSexHotline.com representatives access to any password-protected portions of your ThePhoneSexHotline.com Operator account.

(d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.

(e) You will conduct all for-fee communications that you have with ThePhoneSexHotline.com Clients only through the Site, and you will not circumvent or attempt to circumvent ThePhoneSexHotline.com using third-party payment services.

(f) You will not use ThePhoneSexHotline.com in any manner that harasses another ThePhoneSexHotline.com Operator or ThePhoneSexHotline.com Customer and could interfere with any other party's use or enjoyment of ThePhoneSexHotline.com. You will respect the privacy of others and not use ThePhoneSexHotline.com for unwelcome, rude or abusive communications.

(g) You will not attempt to gain unauthorized access to any ThePhoneSexHotline.com Operator or ThePhoneSexHotline.com Customer account information, computer systems or networks associated with ThePhoneSexHotline.com.

(h) You will not attempt to obtain any information or materials relating to ThePhoneSexHotline.com through any means not intentionally made available through ThePhoneSexHotline.com.

(i) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to ThePhoneSexHotline.com, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

(j) You will not use ThePhoneSexHotline.com to solicit ThePhoneSexHotline.com Operators or ThePhoneSexHotline.com Clients, to promote any product or services other than the information services described in your ThePhoneSexHotline.com Operator listing which are provided through ThePhoneSexHotline.com, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").

(k) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites.

(l) You will not use ThePhoneSexHotline.com to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

(m) You will not take any actions which may undermine the ThePhoneSexHotline.com Operator's or ThePhoneSexHotline.com Customer's referral system, or the ThePhoneSexHotline.com Operator's feedback system used to solicit feedback from ThePhoneSexHotline.com Clients, including without limitation leaving positive feedback for yourself or other ThePhoneSexHotline.com Operators, using secondary ThePhoneSexHotline.com Operator names or third parties or leaving negative feedback if a ThePhoneSexHotline.com Operator fails to perform some action that is outside the scope of the services described in his or her ThePhoneSexHotline.com Operator listing.

(n) You will not create obscene, offensive, tasteless, defamatory or hateful ThePhoneSexHotline.com Operator names or content for listings.

(o ) You will adhere to all applicable laws and regulations governing your actions in connection with ThePhoneSexHotline.com and (as an ThePhoneSexHotline.com Operator) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.

(p) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Client Agreement and ThePhoneSexHotline.com policies.

7. ThePhoneSexHotline.com shall retain all ownership of corporate intellectual property, including all URLs and any content created or derived from ThePhoneSexHotline.com.

ThePhoneSexHotline.com shall own all right, title and interest in ThePhoneSexHotline.com Operator services and ThePhoneSexHotline.com domain, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by ThePhoneSexHotline.com, either expressly or by implication.
This simply states that all intellectual property as pertains to ThePhoneSexHotline.com website, tools, features, ThePhoneSexHotline.com text, and ThePhoneSexHotline.com website design belongs solely to ThePhoneSexHotline.com and we retain all rights.  We do not assume ownership of your image content. 

- You can pause or close your ThePhoneSexHotline.com website at anytime.

- We do not keep your characters images, information, content, or any design work.

ThePhoneSexHotline.com offers you the ability to create your own website. We do all that we can to give you the tools needed to succeed. We also do our best to stay out of your way, allowing you to run your website, you're way.

8. ThePhoneSexHotline.com disclaims any warranties or representations.

ThePhoneSexHotline.com AND ANY SERVICES OR GOODS OBTAINED THROUGH ThePhoneSexHotline.com ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. ThePhoneSexHotline.com AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ThePhoneSexHotline.com SERVICES AND ALL COMMUNICATIONS BETWEEN ThePhoneSexHotline.com CLIENTS MADE THROUGH ThePhoneSexHotline.com, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, ThePhoneSexHotline.com makes no representation or warranty that the operation of ThePhoneSexHotline.com will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

9. ThePhoneSexHotline.com prohibits the unauthorized use of copyrighted materials and trademarks.

YOU SHALL NOT USE ThePhoneSexHotline.com TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

ThePhoneSexHotline.com has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of ThePhoneSexHotline.com Operator accounts who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances).

ThePhoneSexHotline.com Copyright and Trademark Related Policy:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ThePhoneSexHotline.com with the following information required under 17 U.S.C. @ 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ThePhoneSexHotline.com to locate the material;

(d) Information reasonably sufficient to permit ThePhoneSexHotline.com to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright issues and claims of copyright infringement on or regarding ThePhoneSexHotline.com can be reached as follows:

Copyright Agent
c/o MPS Services, Inc.
ThePhoneSexHotline.com@gmail.com.

Upon receipt of notice as described above, ThePhoneSexHotline.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from ThePhoneSexHotline.com, and/or termination of the ThePhoneSexHotline.com Operator's account.

10. Links to Other Websites.

ThePhoneSexHotline.com may provide links to websites other than ThePhoneSexHotline.com. Such links are provided for reference only, and ThePhoneSexHotline.com neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

11. Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of this Client Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

12. You consent to the use of (a) electronic means to complete this Client Agreement, to use ThePhoneSexHotline.com Services and to provide you with any notices given pursuant to this Client Agreement, and (b) electronic records to store information related to this Client Agreement or your use of ThePhoneSexHotline.com.

 

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18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement