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 of service(“TOS”) were last updated on
21st October 2008 and published on the 21st October 2008.
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
puregaychat.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: www.puregaychat.com/termsandcondtions.htm
In addition, when using particular puregaychat.com owned
or operated services, you and puregaychat.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.
2. DESCRIPTION OF SERVICE
puregaychat.com currently provides users with a forum that
allows men to make contact with other men 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 puregaychat.com 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 puregaychat.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. In addition, you must provide and are responsible
for all equipment necessary to access the Service. Please
be aware that puregaychat.com 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 puregaychat.com,
are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the
Service. puregaychat.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 puregaychat.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:
• 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 puregaychat.com 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 puregaychat.com may or may not pre-screen
Content, but that puregaychat.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, puregaychat.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 puregaychat.com or submitted to puregaychat.com,
including without limitation information on puregaychat.com
website, and in all other parts of the Service.
You acknowledge, consent and agree that puregaychat.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 puregaychat.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 puregaychat.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.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
puregaychat.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 puregaychat.com 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 puregaychat.com,
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 puregaychat.com
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 puregaychat.com, 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 puregaychat.com
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 puregaychat.com,
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 puregaychat.com network of properties
that are intended by puregaychat.com to be available to
the general public. By way of example, publicly accessible
areas of the Service would include puregaychat.com web pages,
including Photos and profile descriptions that are open
to both members and visitors.
7. INDEMNITY
You agree to indemnify and hold puregaychat.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.
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 puregaychat.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 puregaychat.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
puregaychat.com reserves the right to modify these general
practices and limits from time to time.
10. MODIFICATIONS TO SERVICE
puregaychat.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 puregaychat.com 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 puregaychat.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.
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 puregaychat.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. puregaychat.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 puregaychat.com 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@puregaychat.com 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. 121LIVEGAYCHAT 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.
• 121LIVEGAYCHAT 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 121LIVEGAYCHAT 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 121LIVEGAYCHAT 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 121LIVEGAYCHAT
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
puregaychat.com and govern your use of the Service, superseding
any prior agreements between you and puregaychat.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 puregaychat.com
shall be governed by the laws of England. You and puregaychat.com
agree to submit to the personal and exclusive jurisdiction
of the English Courts.
Waiver and Severability of Terms.
The failure of puregaychat.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 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@puregaychat.com
HelpDesk Tel. No. 0844 249 1224
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