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1.For good and valuable consideration, the sufficiency of which is acknowledged by you and the Company, you hereby agree to become a customer of Phonesexmania.com, and agree to be bound by all the terms and conditions set forth in this agreement. The parties to this Agreement are you, the Customer, and Phonesexmania.com. Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to you all the privileges of calling Phonesexmania.com available to a Customer in good standing. This Agreement is subject to change by Company at any time, and changes are effective upon notice to the Customer by e-mail, posting at or via hyperlink to Phonesexmania.com, or by mail. 2.All materials, messages and other communications contained at Phonesexmania.com are intended for distribution exclusively to consenting adults in locations where these materials do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No persons under the age of eighteen (18) years may directly or indirectly view or possess any of the contents or place any orders for goods or services advertised at Phonesexmania.com. You acknowledge that materials presented at or downloadable from Phonesexmania.com include explicit visual, audio, and/or textual depictions of nudity or of a sexual nature, that you are familiar with materials of this kind, and that you are not offended by such materials. 3.I acknowledge and agree that all materials contained at PhoneSexMania.com are proprietary and constitute valuable intellectual property. I may only access, view, download, receive and otherwise use the materials available at PhoneSexMania.com only as authorized by the Company. I agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from PhoneSexMania.com, in which I am directly or indirectly involved shall constitute intentional infringement(s) of PhoneSexMania.com's intellectual property rights and shall constitute a violation of PhoneSexMania.com's trademark and other rights. 4.I agree to be personally liable and fully indemnify Phonesexmania.com for any and all damages directly or indirectly resulting from any unauthorized use of materials from Phonesexmania.com without limitation. Including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, or any damages resulting from prosecution and/or governmentally imposed seizures, forfeitures, and/or injunctions. 5.Some or all of the following fees and charges may be incurred by the Customer: a. Call Charges. The Customer is responsible for paying for the Phone Sex Call charges according to the then current billing terms. Charges are non-refundable; and you must be 18 years of age or older to place a call to Phonesexmania.com. b. Other fees and/or charges for goods and services ordered at, through and/or from PhoneSexMania.com and its licensees. 6.Payment for the services provided to you at and/or through Phonesexmania.com may be made by automatic credit card or check debit and you hereby authorize Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to Phonesexmania.com, or as unauthorized any charge by Phonesexmania.com, for any goods or services, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Phonesexmania.com or any fraudulent reporting of an unauthorized charge to Phonesexmania.com on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to Phonesexmania.com remains outstanding at the time of such fraudulent reporting, you shall be liable to PhoneSexMania.com for liquidated damages of $25,000.00. The liability for liquidated damages specified in this paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions,promises and warranties set forth in this Agreement. 7.Except for public domain material or material otherwise licensed to Company for electronic dissemination, all materials displayed at or otherwise available through Phonesexmania.com are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of Phonesexmania.com, and all materials and other matter used directly or indirectly in, at, by, through and/or with Phonesexmania.com are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at Phonesexmania.com shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. 8.You agree that materials and all other services provided to you by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the materials and all services provided by Company is borne by you. Should the materials or any other service provided by Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of materials or other use of Phonesexmania.com. 9.Company does not screen or endorse advertisements or communications submitted to Phonesexmania.com by third-party licensees, advertisers, or subscribers for electronic dissemination through Phonesexmania.com. Customers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of Phonesexmania.com prior to purchasing goods and/or services described at Phonesexmania.com or otherwise responding to any communication at Phonesexmania.com. 10.Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the fee paid by or on behalf of the customer to Company for the goods or service ordered. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 11.Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, data, advertisement or other communication at or through Phonesexmania.com. 12.No warranty is made by Company regarding any information, services, materials or products provided through or in connection with the Phonesexmania.com, and Company hereby expressly disclaims any and all warranties, including without limitation: 1)any warranties as to the availability, accuracy, or content of materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 13."Phonesexmania.com" is a service mark of PSM Consultants and Services. All rights are reserved. 14.All materials included at Phonesexmania.com are for the private use by customers only. No other uses are intended by the Company and any other use is strictly prohibited. 15.If the Company should at any time provide any service which enables customers to communicate with or otherwise share information with other customers or persons providing any kind or service to customers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using Phonesexmania.com or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to Phonesexmania.com. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through Phonesexmania.com even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other customers who are authorized to access Phonesexmania.com and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through Phonesexmania.com can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s). 16.Notices from Phonesexmania.com to Customers may be given by means of e-mail, by general posting on Phonesexmania.com, or by conventional mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to Phonesexmania.com may be sent by means available through the website or by telephone to Phonesexmania.com's Customer Service Department during normal business hours at 888-968-5834. 17.This Agreement contains the entire agreement between the Customer and Company regarding subscribers' use of Phonesexmania.com, materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall surviveits termination. YOU HEREBY AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL TERMS & CONDITIONS BY ANY FURTHER ACCESS OR USE OF THE PHONSEXMANIA.COM WEBSITE. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS SET FORTH ABOVE THEN YOU MUST LEAVE IMMEDIATELY. |