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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

over50phonesex.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.over50phonesex.co.uk/termsandcondtions.htm In addition, when using particular over50phonesex.co.uk owned or operated services, you and over50phonesex.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

over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.co.uk, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. over50phonesex.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 over50phonesex.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 over50phonesex.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 real 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 over50phonesex.co.uk may or may not pre-screen Content, but that over50phonesex.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, over50phonesex.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 over50phonesex.co.uk or submitted to over50phonesex.co.uk, including without limitation information on over50phonesex.co.uk website, and in all other parts of the Service.

You acknowledge, consent and agree that over50phonesex.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 over50phonesex.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 over50phonesex.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

over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.co.uk network of properties that are intended by over50phonesex.co.uk to be available to the general public. By way of example, publicly accessible areas of the Service would include over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.co.uk reserves the right to modify these general practices and limits from time to time.

10. MODIFICATIONS TO SERVICE

over50phonesex.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 over50phonesex.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 over50phonesex.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 over50phonesex.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. over50phonesex.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 over50phonesex.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@over50phonesex.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 over50phonesex.co.uk and govern your use of the Service, superseding any prior agreements between you and over50phonesex.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 over50phonesex.co.uk shall be governed by the laws of England. You and over50phonesex.co.uk agree to submit to the personal and exclusive jurisdiction of the English Courts.

Waiver and Severability of Terms.
The failure of over50phonesex.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@over50phonesex.co.uk
HelpDesk Tel. No. 0844 249 1224

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