SMS
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
Fire Phone Sex 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. When using particular Fire Phone Sex
owned or operated services, you and Fire
Phone Sex 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
Fire Phone Sex 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 Fire Phone Sex 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 Fire
Phone Sex 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
Fire Phone Sex 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 Fire Phone Sex,
are entirely responsible for all Content
that you upload, post, email, transmit or
otherwise make available via the Service.
Fire Phone Sex 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
Fire Phone Sex 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 Fire Phone
Sex 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 Fire Phone Sex may
or may not pre-screen Content, but that
Fire Phone Sex 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,
Fire Phone Sex 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 Fire
Phone Sex or submitted to Fire Phone Sex,
including without limitation information
on Fire Phone Sex website, and in all other
parts of the Service.
You acknowledge, consent and agree that
Fire Phone Sex 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 Fire Phone Sex, 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 Fire Phone Sex 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
Fire Phone Sex 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 Fire Phone Sex
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 Fire Phone Sex, 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 Fire Phone Sex 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 Fire Phone Sex,
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 Fire Phone Sex 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
Fire Phone Sex, 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 Fire
Phone Sex network of properties that are
intended by Fire Phone Sex to be available
to the general public. By way of example,
publicly accessible areas of the Service
would include Fire Phone Sex web pages,
including Photos and profile descriptions
that are open to both members and visitors.
7. INDEMNITY
You agree to indemnify and hold Fire Phone
Sex, 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 Fire Phone Sex 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
Fire Phone Sex 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 Fire Phone Sex reserves the right to
modify these general practices and limits
from time to time.
10. MODIFICATIONS TO SERVICE
Fire Phone Sex 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 Fire Phone
Sex 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 Fire Phone Sex 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 Fire Phone Sex 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. Fire Phone Sex 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
Fire Phone Sex 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@Fire Phone Sex 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. Fire Phone Sex 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.
• Fire Phone Sex 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 Fire
Phone Sex 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
Fire Phone Sex 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 Fire Phone Sex 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 Fire Phone Sex and govern
your use of the Service, superseding any
prior agreements between you and Fire Phone
Sex. 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 Fire Phone Sex shall be governed by
the laws of England. You and Fire Phone
Sex agree to submit to the personal and
exclusive jurisdiction of the English Courts.
Waiver and Severability of Terms.
The failure of Fire Phone Sex 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@firephonesex.co.uk
HelpDesk Tel. No. 0844 249
1224
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We reserve the right to send you free promotional messages.
TERMS & CONDITIONS