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1. ACCEPTANCE OF TERMS
Welcome to text4sexuk.com. text4sexuk.com 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: http://www.text4sexuk.com/terms. In addition, when using particular text4sexuk.com owned or operated services, you and text4sexuk.com 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. text4sexuk.com may also offer other services that are governed by different Terms of Service. For instance, different terms may apply to the adultsx.co.uk, cheating-partners.com and quick dates web sites.
2. DESCRIPTION OF SERVICE
text4sexuk.com currently provides users with a forum that allows men and women to make contact with each other to meet and 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 text4sexuk.com to provide the Service. You also understand and agree that the service may include certain communications from text4sexuk.com, such as service announcements, administrative messages and the text4sexuk.com Newsletter, and that these communications are considered part of text4sexuk.com membership and you will not be able to opt out of receiving them. 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 text4sexuk.com 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 from members. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that text4sexuk.com is adult or mature content. You must be at least 18 years of age to access, view and use the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under English law or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as may be required by any registration process current or in the future (such information being the "Registration Data") and (b) maintain and promptly update any such Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or text4sexuk.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, text4sexuk.com has the right to refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
text4sexuk.com may issue you with a password and account designation upon completing any Service registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under any such password. You agree to (a) immediately notify text4sexuk.com of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. text4sexuk.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER 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 text4sexuk.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. text4sexuk.com 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 text4sexuk.com 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:
You acknowledge that text4sexuk.com may or may not pre-screen Content, but that text4sexuk.com 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, text4sexuk.com 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 text4sexuk.com or submitted to text4sexuk.com, including without limitation information on text4sexuk.com website, and in all other parts of the Service.
You acknowledge, consent and agree that text4sexuk.com 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 text4sexuk.com, 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 text4sexuk.com 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.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the UK or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
text4sexuk.com 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 text4sexuk.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the text4sexuk.com network of properties that are intended by text4sexuk.com to be available to the general public. By way of example, publicly accessible areas of the Service would include text4sexuk.com web pages, including Photos and profile descriptions that are open to both members and visitors.
You agree to indemnify and hold text4sexuk.com, 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.
10. 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 (including any text4sexuk.com ID), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that text4sexuk.com 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 text4sexuk.com 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 text4sexuk.com reserves th right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
text4sexuk.com 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 text4sexuk.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that text4sexuk.com may, under certain circumstances and without prior notice, remove any photos, text or profiles that violate these TOS. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems.
14. 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 text4sexuk.com 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because text4sexuk.com has no control over such sites and resources, you acknowledge and agree that text4sexuk.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that text4sexuk.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. 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 text4sexuk.com 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. text4sexuk.com 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 text4sexuk.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXT4SEX 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 TEXT4SEX 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.
19. 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.
20. 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.
text4sexuk.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
text4sexuk.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide text4sexuk.com Copyright Agent the following information:
text4sexuk.com Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o Digitelecom, Clifford House York YO1 9RA England
25. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and text4sexuk.com and govern your use of the Service, superceding any prior agreements between you and text4sexuk.com. 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 text4sexuk.com shall be governed by the laws of England. You and text4sexuk.com agree to submit to the personal and exclusive jurisdiction of the English Courts.
Waiver and Severability of Terms. The failure of text4sexuk.com 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 endeavor 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.
Please report any violations of the TOS to text4sexuk.com.