Terms And Conditions Of Use
Welcome to Black Phone Chat, the best place to meet local singles for dating, friendship, and erotic phone chat.† By using the Black Phone Chat website (the "Website") or the Black Phone Chat Chatlineģ or any of their affiliated companies (collectively, the "Company"), or by signing up as a member or as a trial member to use the Service (a "Member"), you agree to all of the terms and conditions of this Agreement, either as a user (a 'User') or a Member.
You must be eighteen (18) years of age or older to be a User or Member of the Website and/or Service.† By using the Website and/or Service, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Right of Use
Your right to use the Website and/or Service is subject to any limitations, conditions and restrictions established by Black Phone Chat from time to time, in Black Phone Chatís sole discretion. Black Phone Chat may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Black Phone Chat may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
Term and Termination
This Agreement will remain in full force and effect while you are a User or Member of the Website and/or Service.† If you become a Member of the Service, you may terminate your membership at any time by ceasing to use or access the Service; however, you will not be refunded any monies paid for your membership upon such termination.† Black Phone Chat may terminate your membership at any time, and for any reason.† If the Company terminates your membership in the Service because you have breached this Agreement, you will not be refunded any monies paid for the Service.† Upon termination of this Agreement, sections 4, 6, 7, 9, 11-13, and 15-17 of this Agreement shall remain in effect.
You agree to use the Service in accordance with the following conduct:
Content and Monitoring
Each User or Member is solely responsible for his or her content when using the Service, whether or not it is monitored and/or removed from the Service by the Company.† You agree that any content in a Userís or Memberís greeting and/or message associated with such Userís or Memberís use of the Service (the "Content") may be monitored and subsequently removed from the Service if, in Black Phone Chatís sole discretion, any such Content is found to be offensive, illegal, appears harmful or threatening to another User or Member, or violates the rights of another User or Member or the terms and conditions of this Agreement.† The Company reserves the right to monitor all messages, postings, and audio and video recordings from time to time to ensure that they conform to the content guidelines which may be applicable.
Fees and Payments
In order to use the Service, Users and Members may purchase pre-paid membership packages of minutes or charge their minutes on their telephone bills. Memberships (other than trial memberships) will be deactivated after 90 days of non-usage, but may be re-activated by the Member upon contacting customer services.† Any minutes charged for maintenance fee during the period of non-usage will not be refunded.† If your usage of the Service is terminated because of your breach of this Agreement or because of your voluntary deactivation or termination of your membership, any unused minutes will automatically and immediately be forfeited.† Minutes and membership packages cannot be transferred from one Member to another Member.† All trial memberships may be deactivated or terminated by Black Phone Chat at any time.
Privacy and Use of Information
By using this Service you acknowledge that (a) Black Phone Chat cannot ensure the security or privacy of information you provide through the Internet and email, or while using the Service, and you release Black Phone Chat from any and all liability in connection with the use of such information by other parties; (b) Black Phone Chat is not responsible for, and cannot control, the use by others of any information which you provide while using the Service and you should use caution in selecting the personal information you provide to others through the Service; (c) while any audio and video recordings by Users is prohibited under this Agreement, some Users or Members may violate these restrictions and make recordings of you and/or any information that you may provide, and you release Black Phone Chat from any and all liability in connection with the use of any such recordings by other parties; and (d) Black Phone Chat cannot assume any responsibility for the content of messages left by other Users or Members of the Service, and you release Black Phone Chat from any and all liability in connection with the content of any communications you may receive from other Users or Members.
Removal of Information
While the Company does not and cannot review every message or other material sent by Users, and is not responsible for any content of these messages or materials, the Company reserves the right, but is not obligated, to delete or remove messages or materials that Black Phone Chat, in its sole discretion, deem to violate the terms of this Agreement or any applicable content guidelines, or to be otherwise unacceptable by Black Phone Chat.
The Service contains information which is proprietary to Black Phone Chat, its partners and its Users.† Black Phone Chat asserts full copyright protection in the Service.† Information posted by Black Phone Chat, its partners or its Users may be protected whether or not it is identified as proprietary to Black Phone Chat or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
The Website may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that Black Phone Chat is not responsible for, and has no liability as a result of, the availability of External Links or their contents.
You agree to indemnify Black Phone Chat, its officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which the Company may suffer from your activities on or use of the Service or the Website, including without limitation any breach by you of this Agreement, including but not limited to any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. † Black Phone Chat reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
You acknowledge that use of the Service is at your own risk. Black Phone Chat is not responsible for any conduct of, or incorrect or inaccurate content or other information communicated by, a Member or User of the Website and/or Service.† Black Phone Chat assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member or user communications.† Black Phone Chat is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of emails or hardware on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to a Memberís or Userís or other personís computer related to or resulting from participating or downloading materials in connection with the Website and/or the Service.† Under no circumstances will Black Phone Chat be responsible for any loss or damage resulting from use of the Website and/or the Service by a Member or User, or for any content communicated by or to a User or Member using the Service.† The Website and Service are provided "as-is" and Black Phone Chat expressly disclaims any warranty of fitness for a particular purpose or non-infringement.† Black Phone Chat cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Limitation on Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL BLACK PHONE CHATBE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF BLACK PHONE CHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLACK PHONE CHAT LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Black Phone Chat FOR THE SERVICE IN WHICH THE DISPUTE COVERS.
Disclosure and Other Communication
Black Phone Chat reserves the right to contact Users and Members for the purpose of informing them of changes or additions to the Service, or of any of Black Phone Chatís related products and services, subject to our compliance with any relevant laws and regulations. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
Membership & Pass code
When you become a Black Phone Chat member, you will be assigned a membership number and asked to select a passcode. You are responsible for the confidentiality and use of your membership number and passcode, and agree not to transfer or resell your use of, or access to, the Website and/or Service to any third party. If you have reason to believe that your membership account is no longer secure, you must promptly change your passcode by updating your account information, or by contacting Customer Service. You are solely responsible for maintaining the accuracy of your membership account information and the confidentiality of your membership number and passcode, and for any and all activities on the Service that are conducted through your membership account or using your passcode, including but not limited to use of your passcode by any third party.
This Agreement constitutes the entire agreement between you and Black Phone Chat regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement may be modified by Black Phone Chat from time to time, such modifications to be effective upon posting on the Website.† If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
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