TALKINGSEXRADIO.COM,,

TERMS OF USE AND SERVICE

INTRODUCTION

Talkingsexradio.com provides its services to Users subject to the following terms of use and service (the "TOS").

DEFINITIONS

The following definitions apply to the TOS.
The term "Subscriber" means a User who joins (determined from time to time by Talkingsexradio.com,, in it's sole discretion) and is granted access to certain areas of the Site only after successfully completing login protocols established from time to time by Talkingsexradio.com,,, including without limitation, through the use of an approved User name and password.
The terms "User" means any person or entity that (a) downloads, attempts to download or otherwise utilizes any uniform resource locator ("URL") that resides entirely upon a server owned or operated by Talkingsexradio.com,,; (b) Transmits electronic mail, files or other data transmission, information or other matter onto any network owned or operated by Talkingsexradio.com,, or onto the Site (whether via private Transmission or public upload posting); (c) is linked to a URL resource owned or operated by Talkingsexradio.com,,; and (d) contacts, accesses or views Talkingsexradio.com,, or the Site, whether through the use of any telecommunications network or otherwise. The term User includes a Subscriber.
The term "Services" means all resources (including Content) provided via or available on the Site at any time, including without limitation, and by way of example only, a User's ability to (i) access or view Content, and to login into the Site as a Subscriber and create or change such Subscriber's Registration Data (defined below); (ii) communicate with the Site and other Users via the Site (including without limitation the ability to download or upload Content or other information or material, post messages and participate in groups or forums); and (iii) shop or utilize other available services, including authorizing charges to such User's credit or debit card, checking account or telephone invoice in order to make purchases or pay subscription fees related to the Site.
The term "Content" means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind.
The term "Transmit" or "Transmission" means when a User uploads, posts, e-mails, transmits or otherwise makes available (directly or indirectly, by act or omission) or communicates any Content or other information or material to the Site, or through such means utilizes a Service available on or through the Site.
The term "Site" means the website www.Talkingsexradio.com.
The term "Talkingsexradio.com,," is an assumed business name of TSR.com. Without limiting the foregoing, for the purposes of the TOS, Talkingsexradio.com,, means TRS.com.

ACCEPTANCE OF TERMS

The Services and Content are provided to each User subject to the TOS, which may be revised, changed, altered or updated from time to time without notice by Talkingsexradio.com,,, in Talkingsexradio.com,,' sole discretion. The most current version of the TOS will always be located and displayed on the Site. The TOS also includes any other guidelines, rules or notices posted elsewhere on the Site, including, without limitation and by way of example only, information included in the part of the Site called "THE FAQ", "Hookup" or "Groups". When a User accesses or uses any part of the Site, such User agrees to the terms and conditions of the TOS.


REGISTRATION OBLIGATIONS AND SECURITY

In consideration of User's access to or use of the Site (whether as a Subscriber, guest or otherwise), the User agrees to: (a) provide true, accurate, current and complete information about the User as prompted by the Talkingsexradio.com,,' registration and profile date forms, or any other questionnaire or information input format, which requests information from or about User, and (b) maintain and promptly update such information to keep it true, accurate, current and complete (collectively, such information is sometimes referred to as the "Registration Data"). Without limiting any other matter contained herein, a User's access to or use of the Site may be suspended or terminated (without cost to Talkingsexradio.com,, and without obligation for reimbursement of any fees previously paid by a Subscriber to Talkingsexradio.com,,) for such User's failure to provide or maintain true, accurate, current and complete Registration Data as provided in the TOS.
Each Subscriber is responsible for maintaining the confidentiality of any Subscriber login user name and password (or other identifying information). Each Subscriber is solely responsible for all activities that occur under the Subscriber's login user name or password, and neither the login user name nor password may be assigned or transferred to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without the express prior written consent of Talkingsexradio.com,,, which consent may be withheld in Talkingsexradio.com,,' sole discretion. Each Subscriber agrees immediately to notify Talkingsexradio.com,, of any unauthorized use of such Subscriber's name or password, and each User agrees immediately to notify Talkingsexradio.com,, of any unauthorized use any other breach of security with respect to the Site known by such User.

 



AGE AND LEGAL ACCESS CERTIFICATION

By accessing or using the Site, the User certifies that User is eighteen (18) years of age or older (21 years of age in certain locales) (and in any event, User is at least the age of consent (or older) in the jurisdiction from which the Site is being viewed or accessed); that User is familiar with the laws in User's area affecting User's legal right to access the Site or to access erotica or adult-oriented materials; that User has the legal right to such materials and that Talkingsexradio.com,, has the legal right to display or make such materials available to the User; that the User is requesting such materials for the User's own private enjoyment; and, that the User will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.


INTERNATIONAL USE

User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.

CONTENT SUBMISSIONS AND USE GUIDELINES

Except as otherwise provided by separate agreement between a User and Talkingsexradio.com,,, Talkingsexradio.com,, does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In it sole discretion, Talkingsexradio.com,, may condition Site display of User Transmitted Content upon such User becoming a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to Talkingsexradio.com,, a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works.
User represents and warrant that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, Talkingsexradio.com,, has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such Content.
User acknowledges that Talkingsexradio.com,, may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that message board postings or other Transmitted Content will be retained by Talkingsexradio.com,, on the Site, the maximum number of messages that may be Transmitted on the Site, the maximum size of any message that may be Transmitted on the Site, the maximum disk space that will be allotted on the Site's servers on a User's behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that Talkingsexradio.com,, has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained on, Transmitted to or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that Talkingsexradio.com,, reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.

CONDUCT

User acknowledges and understands that all Content a User Transmits to the Site, whether publicly posted on the Site or privately Transmitted onto or via the Site, is not reviewed or pre-screened by Talkingsexradio.com,, and is the sole responsibility of such User from whom such Content originates or is uploaded. This means that the User, and not Talkingsexradio.com,,, is responsible for all Content that the User Transmits onto or via the Site, whether or not displayed ultimately on the Site. Therefore, Talkingsexradio.com,, does not guarantee the accuracy, integrity or quality of Content Transmitted to the Site by a User, nor does Talkingsexradio.com,, make any representation or other warranty with respect to such Content. Without limitation, and by way of example only, Users may email to the Site calendar events. Talkingsexradio.com,, does not regularly, and may not ever, review the accuracy or consistency of such calendar events.
User understands and acknowledges that by viewing, using or accessing the Site, the User may be exposed to Content that may be considered or deemed offensive, indecent or objectionable.
User agrees to NOT use the Site to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, child pornographic materal, bestiality, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
b. harm minors or any person in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
e. Transmit any Content that User does not have a right to Transmit, whether or not under any law, rule or regulation, or under contractual or fiduciary relationships;
f. Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
h. Transmit 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;
i. interfere with or disrupt the Site or Talkingsexradio.com,, or servers or networks connected to the Site or Talkingsexradio.com,,, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Talkingsexradio.com,,, or violate any terms contained in the TOS;
j. "stalk" or otherwise harass another; or
k. collect or store personal data about Users other than User.
l. download Content except as otherwise permitted under the TOS.
m. We do not allow any form of prostitution, escort, adult sex workers, phone sex workers to solicit  any money from members or to promote any kind of adult sex workers trade. If this rule is broken you will be band fom Talkingsexradio.com and Talkingsexradio.com has the right to band with out explanation..Talkingsexradio.com is not responible for the actions of their members. Prostitution in any form is not allowed on Talkingsexradio.com and no exception to this rule.

Talkingsexradio User acknowledges that (i) Talkingsexradio.com,, or its designee has the right (but not the obligation) in its sole discretion to refuse, move or delete any Content that is Transmitted onto or made available via the Site, and (ii) that a User's Transmission of Content to the Site or Talkingsexradio.com,, does not imply any promise or covenant on behalf of Talkingsexradio.com,, that such Content will be displayed, nor does it imply any promise or covenant (except with respect to information submitted by a User necessary to process User authorized credit or debit card or checking account payment transactions (which will be handled by Talkingsexradio.com,, in accordance with the security provisions contained in our Privacy Policy)) that such Content will not be displayed or made publicly available on the Site or intercepted or read by someone other than the intended recipient.
Under no circumstances will Talkingsexradio.com,, be liable or responsible in any manner for any Content that Talkingsexradio.com,, posts to the Site, including without limitation, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any such Content. User agrees that User must evaluate, and bear all risks associated with the use of or access to any Content, including Content posted to the Site by Talkingsexradio.com,,.
User acknowledges and agrees that Talkingsexradio.com,, may preserve Content and may also disclose Content (including without limitation, Registration Data) if required to do so by law or if Talkingsexradio.com,, believes that such 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; or (d) protect the rights, property or personal safety of the Site or Talkingsexradio.com,,, its Users or the public.
User understands that the technical processing and Transmission of the Services or Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User agrees not to (and User agrees User has no right to) reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site Talkingsexradio.com (including, without limitation, the Services or Content contained on the Site).

CUSTODIAN OF RECORDS


Without limiting any other matter contained herein, User represents and warrants that with respect to any Content a User has produced and Transmits to the Site which contains depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, such User represents and warrants that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by User in compliance with such law and will be provided to Talkingsexradio.com,, promptly upon request by Talkingsexradio.com,,.
With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by Talkingsexradio.com,, (other than depictions Transmitted by a User as described in the preceding sentence), records required by 18 USC Section 2257 are kept by the custodian of records, Rev Mel, at TSR.com. The custodian can be reached electronically at custodian@Talkingsexradio.com,,.com. Rev Mel;, Custodian of Records. TSR.com. Valley Village.CA 91807. Talkingsexradio only hold Section 2257 for the content in which they add to the site Talkingsexradio.com.
All persons that post photos or the written word or videos are responsible for holding the required record that any persons who appear in any visual depiction contained on this are 18 (eighteen) years of age or older at the time of the creation of such depiction's. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depiction's of actual sexually explicit conduct are kept by the custodian of records. TalkingSexradio.com is not responsible for content that members put on this site. We believe in the freedom of speech.


LIMITED LICENSE AND ACCEPTABLE USE


Talkingsexradio.com,, provides the Content and Services on the Site for the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or potential Subscribers of Talkingsexradio.com,,. Users of the Site are granted a single, personal, non-transferable license to download (on a single computer only) one copy of any of the Content found on the Site made available for downloading for personal, non-commercial use only. Talkingsexradio.com,, reserves the right to limit the amount of Content downloaded. Commercial use or exploitation of the Content on the Site, or any portion thereof, is strictly prohibited. In addition, Users of the Site may not: (1) modify any of the Content found in any area of the Site; (2) use any of the Content found in any area of the Site for any public display, performance, sale or rental; (3) remove, modify or alter any copyright or other proprietary notice or trademarks from any of the Content found in any area of the Site; (4) otherwise Transmit any Content located in any area of the Site to any other person or entity, including posting to newsgroups or public forums; (5) rent, lease, loan, sell, distribute or create derivative works based on the Content or any portion thereof posted on the Site, or the software or techniques used in connection with the Site; or (6) modify the software and techniques used in connection with the Site. Talkingsexradio.com,, reserves the right to terminate this license at any time if a User breaches or violates any provision of the TOS, in which case such User will be obligated to immediately destroy any Content information or materials User has downloaded or otherwise copied from the Site.
Talkingsexradio.com,, reserves all other rights coincident or related to the Site. The use of download managers, for example Gozilla, Wget, HTTrack, or others - to download more than one (1) image or movie file at a time, which is available for download, is strictly prohibited and will result in termination of a Users right to access any portion of the Site .

TRADEMARKS


Talkingsexradio.com,, and the Talkingsexradio.com,, logos are service marks and trademarks of TSR.com (dba Talkingsexradio.com,,) and may be used publicly only with the express prior written consent and permission of Talkingsexradio.com,,. Other trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners or holders of those trademarks and service marks, and may not be used publicly without the express prior written consent and permission of the owners or holders of such trademarks and service marks.


COPYRIGHTS


Except for electronic messages, all Content and Services on the Site are protected by federal copyright laws and are protected under treaty provisions and worldwide copyright laws. Content contained in any part of the Site may not be reproduced, copied, edited, published, transmitted, uploaded or downloaded in any way without the prior written consent and permission of Talkingsexradio.com,,. Talkingsexradio.com,, does not grant any express or implied right to any third party (including without limitation Users), under any trademarks, service marks, copyrights or other proprietary information or rights.


DISCLAIMER


SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TALKINGSEXRADIO.COM,, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. TALKINGSEXRADIO.COM,, OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND PERSONALIZATION SETTINGS. TALKINGSEXRADIO.COM,, DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. TALKINGSEXRADIO.COM,, MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY TIME WITHOUT NOTICE. TALKINGSEXRADIO.COM,, MAKES NO COMMITMENT TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL TALKINGSEXRADIO.COM,, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF TALKINGSEXRADIO.COM,, HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A USER.


NO SPAM


Talkingsexradio.com,, may, in its discretion, terminate Site access of any User that Talkingsexradio.com,, believes, in its sole discretion, is Transmitting or is otherwise connected with any spam or unsolicited bulk e-mail. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay Talkingsexradio.com,, liquidated damages equal to $5 for each piece of spam or unsolicited bulk e-mail Transmitted from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay Talkingsexradio.com,, actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.


TERMINATION AND ACCESS RESTRICTION


Talkingsexradio.com,, reserves the right, in its sole discretion and without notice to User, to terminate a User's access to the Site (or any portion thereof) and to remove from the Site and discard any Content (including without limitation Content a User Transmits to the Site). Talkingsexradio.com,, may also terminate or suspend a User's access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Talkingsexradio.com,,, in it sole discretion. In the event of the suspension or termination of a User's access to the Site (or any portion thereof), User's right to use the Site (or any portion of which User access has been terminated) and to access any Content or Services contained thereon will immediately cease. Any such termination or suspension may be implemented without notice to User.



LINKS TO THIRD-PARTY SITES


The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by Talkingsexradio.com,, and User acknowledges that Talkingsexradio.com,, is not responsible for the content of any such linked site or any link contained in a linked site. Talkingsexradio.com,, provides such links only as a convenience, and the inclusion of any link does not imply endorsement by Talkingsexradio.com,, of any linked site.
ACCOUNTS ARE NOT INTENDED FOR COMMERCIAL USE
The contact form, comment forms and all areas of member publishing is intended for personal use only. Members may not use these features to advertise other websites or products, or solicit members or models on the site for any commercial endeavors. Talkingsexradio.com,, may, in its discretion, terminate Site access of any User that Talkingsexradio.com,, believes, in its sole discretion, is posting or is otherwise connected with any commerical soliciting of models or members or unsolicited advertising. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay Talkingsexradio.com,, liquidated damages equal to $25,000 for each instance of solicitation or advertising from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay Talkingsexradio.com,, actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.



JURISDICTION AND VENUE


This Site is owned and operated by Talkingsexradio.com,, doing business in Valley Village, California. Talkingsexradio.com,, make no representation that any of the Content or Services available on the Site is appropriate or available for use in other locations. The TOS is governed and construed by California law, without regard to conflicts of law provisions. In the event of a dispute arising out of or relating to the TOS, or a User's use of or access to the Site, any suit must be brought in state or federal court in the County of Los Angeles, State of California and User agrees to submit to the personal and exclusive jurisdiction of such courts located in such county.


INDEMNIFICATION


Each User indemnifies and holds Talkingsexradio.com,,, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, co-branders or other partners, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of such User's (i) Transmission of Content to or through the Site (and whether or not such Content displayed or made available on the Site), at any time, (ii) use of or access to the Site, (iii) connection to the Site, (iv) breach of any representation, covenant or warranty contained in the TOS, or (v) violation of any rights of another.


NOTICES


Notices by Talkingsexradio.com,, to Users may be given by means of electronic messages or by a general posting on the Site. Notices by Users to Talkingsexradio.com,, must be given by e-mail or regular mail, postage prepaid at the following address: TSR.com., P.O. Box 18297 Beverly Hills CA 90209 Any question, complaint or notice to Talkingsexradio.com,, by means of e-mail must be sent to help@Talkingsexradio.com,,.com.


SERVICES FOR CUSTOMERS


Talkingsexradio.com,, allows Subscribers to transmit data to various financial networks and telecommunication networks for settlement. In order to enroll in such services, the Subscriber must (i) be at least 18 years of age; (ii) populate every field on every form presented to User with accurate data; (iii) have a valid e-mail address; and (iv) agree to be bound by the TOS or any other agreement governing User's use of the service or particular resource described in the preceding sentence. User's failure to populate every field may result in User's waiver of certain rights under the TOS or other applicable agreements.


The TOS contains the entire understanding between the User and Talkingsexradio.com,, regarding the subject matter of the TOS, superseding all prior or contemporaneous communications, agreements and understandings between the User and Talkingsexradio.com,,. The TOS is binding on and inures to the benefit of the parties, their legal representatives, successors and assigns; provided, however, that neither the TOS, nor any rights granted hereunder, may be assigned, transferred, conveyed or encumbered by User without the prior written consent of Talkingsexradio.com,,, which consent may be withheld in Talkingsexradio.com,,' sole and arbitrary discretion. If any provision or clause of the TOS, or any portion thereof, is held by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable in such jurisdiction, the remainder of such provisions shall not thereby be affected and shall be given full effect, without regard to the invalid portion. The TOS is neither intended to, nor shall it be construed as creating, a joint venture, partnership or other form of business association between Talkingsexradio.com,, and any User. If any suit or action is filed by any party to enforce the TOS or otherwise with respect to the subject matter of the TOS, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.


NOTICE OF COPYRIGHT INFRINGEMENT


If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the Talkingsexradio.com Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that Talkingsexradio.com may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Talkingsexradio.com reserves the right to remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. ¤ 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

 

This Agreement describes your agreement with respect to your use and access to and/or membership with, Talkingsexradio.com ("Website"). You must agree to abide by all of the terms and conditions contained in this Agreement in order to view, use or join the Website.

  1. GENERAL PROVISIONS.
    1. Acknowledgement. Your acceptance of the terms of this Agreement shall be demonstrated by accessing the homepage of the Website (currently located at www.Talkingsexradio.com) or any subpage of the Website, including clicking any button or link containing the words "Enter", "I agree" or similar syntax, whether you have read these terms and conditions or not. You are encouraged to print a copy of this Agreement for your personal records.
      1. If you do not agree to be bound by the terms of this Agreement, you may not enter or use the Website, and you must exit the Website immediately. You agree to use and access the Website only in accordance with the terms of this Agreement. Please consult this Agreement regularly to ensure that you have read the most recent version of this document.
      2. You are solely responsible for obtaining access to the Website, including but not limited to the payment of all Internet access fees, and provision of equipment needed to access or participate at or through the Website.
    1. Modifications. We reserve the right to modify this policy, as well as our other Website policies and agreements, at any time, for any reason and in any manner. Your use of this Website after such modifications have been posted at or through the Website shall be deemed your acceptance of such modified terms and conditions. We may change, suspend or discontinue any aspect of the Website at any time. We may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.

 

  1. CONTENT.
    1. Content. The Website contains information, images, photographs, videos, streaming media, text, and other materials (collectively, the "Content") that are provided for your review, convenience and enjoyment. Any user who provides the Content to the Website holds, and shall continue to hold all ownership rights in and to such materials, subject to the limited license conveyed to the Website in this Agreement. You shall not post any materials that state, implicitly or explicitly, that the Website requires or maintains any ownership interest in any Content uploaded by any user of the Website. You understand and agree that we have no obligation to post or publish any material or content that you or any other user or member submits to the Website. We reserve the right, in our sole and absolute discretion, to edit, remove or delete any material or content submitted by any user or member and to prohibit, suspend, or cancel any access to the Website for any reason whatsoever.
    2. License. By uploading or otherwise providing Content to the Website, you hereby grant to the Website a limited, non-exclusive, perpetual, royalty-free, non-terminable, worldwide license to use, copy, reproduce, display, edit, distribute and create derivative works of such Content at or through the Website. You represent and warrant that (i) you are the owner or authorized licensor of such Content, (ii) you have the authority to grant the license described in this paragraph, (iii) the Content you provide does not infringe the privacy or intellectual property rights of any third party, and (iv) you will not upload, and will immediately remove, any Content provided by you which violates any law of any jurisdiction in which such materials may be viewed.
    3. No Endorsement. You understand and agree that the Content might contain errors, omissions, inaccuracies, misinformation or outdated information. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and shall not be liable for any lack of the foregoing. Descriptions of, or references to, services, claims, products or publications at, through or within the Website does not imply endorsement of any service, claim, product or publications.
    4. Nature of Content. You further acknowledge and agree that all Content displayed at or through the Website is protected by the rights of free speech, free expression, and freedom of the press, and parallel provisions of any relevant constitutional provision(s) and/or country or state constitutions. You acknowledge that the Website may offer online content that could be deemed "adult" or "erotic" in nature. Additionally, you acknowledge that part or all of the Content available at or through the Website may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit, offending, or disturbing activities. You acknowledge that you are aware of the nature of the Contents provided at or through the Website, that you are not offended by such Content, and that you access the Website voluntarily and willingly. You agree that you are not seeking information regarding illegal activities through this Website. You further agree to access the Website only if you believe, upon diligent investigation, that the Content does not offend the community standards prevalent in your community. You shall not use or access the Website if doing so would violate the laws of your state, province or country.
  1. REPRESENTATIONS.
    1. Restrictions. You represent, warrant and covenant that you are at least eighteen years old, and you will not upload, post, transmit, distribute or otherwise publish through the Website any Content which:
      • Restricts or inhibits any other user from using and enjoying the Website;
      • Are unlawful, threatening, abusive, libelous, defamatory, or obscene;
      • Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;
      • Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
      • Contain a virus or other harmful or potentially harmful component;
      • Contain any information advertising, or references to other websites, of any kind; and/or,
      • Constitute or contain false or misleading indications of origin or statements of fact.

 

    1. Zero Tolerance for Child Pornography. The Website has a ZERO tolerance policy regarding child pornography. You shall not upload to the Website, or encourage or permit others to upload to the Website, any Content that contains, in part or in whole, any pictures, videos, or images of any person(s) under the age of eighteen. This restriction shall apply in all cases, regardless of whether the minor depicted in such pictures, videos or images is clothed or not. Simply put: No children allowed under any circumstances, no exceptions. We reserve the right to delete any Content that we feel, in our sole and absolute discretion, contains images of minors. Further, we reserve the right to aid and provide any law enforcement agency in the investigation of any allegations or occurrences of child pornography. If you identify any images, real or simulated, depicting minors engaged in sexual activity within the Website, you are required to report the images to the Website immediately at legal@Talkingsexradio.com. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors’ access to harmful material.
  1. YOUR ACCESS TO THE WEBSITE; LIMITED LICENSE.
    1. Access. In order to use the Website and benefit from all of the services the Website offers, you may have to provide the Website with certain information about yourself, such as your name, physical and email address, and credit card information. It is a condition of your use of this Website that all information you provide will be correct, current, and complete. If your information is not correct, current, or complete, we reserve the right to refuse you access to the Website and/or the resources of the Website. This may include, but shall not be limited to, our refusal to credit your account with any points, chips, or credits which you would otherwise acquire at or through the Website, and to terminate or suspend your access to the Website without prior notice to you.
    2. Credits. Certain portions of the Website allow you to earn credits or "Chips", which you may spend as indicated at the Website. You acknowledge and agree that that the Chips have no cash value, are non-transferable, and can only be used at or through the Website. If you have acquired Chips, we will require that you maintain your current and correct information with us. You acknowledge and agree that if your information is incorrect, deficient, or incomplete to any extent, you forfeit all Chips in your account.
    3. License. Subject to your strict adherence to the terms of this Agreement, we hereby grant to you a limited, nonexclusive, nontransferable, personal license to access, view and use the Website and the Content contained therein. The Content is solely for your personal, non-commercial use, and all other uses are strictly prohibited. The Website reserves the right, but not the obligation, to limit the scope, type or amount of Content viewed. Any use of the Website or Content outside of the terms of this Agreement terminates this limited license immediately. You represent and warrant that you will not copy or redistribute any of the Content, unless expressly permitted to do so by the Website.
    4. Registration. In order to become a member of the Website you will need to complete an online registration form, which must be accepted by the Website. In completing the registration form, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of the terms of this Agreement or in any other way that we, in our sole discretion, deem inappropriate.
    5. Fees. In order to access certain features or functions of the Website, you may be required to pay a fee. You agree to pay all Website fees when due according to these billing terms. All fees are nonrefundable. The Website reserves the right to contract with a third party to process all credit or debit card payment, which third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by the Website, with or without prior notice to you, at any time.
    6. Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

 

  1. ADDITIONAL RESTRICTIONS.
    1. No Duplication. Unless otherwise authorized by the Website, you shall not copy or duplicate the Website or the Content, in part or in whole, unless expressly permitted by this Agreement.
    2. Linking.
      1. If you create a link to this Website, you shall not create a browser or border environment around any of the Content. Similarly, framing or utilizing any framing techniques in connection with the Website or any of the Contents contained therein is strictly prohibited. You may link to the Website’s homepage (i.e., www.Talkingsexradio.com), but shall not “deep link” past the homepage or replicate the Content. In addition, you shall not imply that the Website is endorsing or sponsoring any services or products on any third party website.
      2. The Website contains links and pointers to other World Wide Web sites and resources. If you click on these links, you will be redirected to other websites that are neither owned nor controlled by Talkingsexradio.com (collectively, "Third Party Sites"). We have no control over the statements, products or services featured or sold at the Third Party Sites. Links to Third Party Sites do not constitute an endorsement by Talkingsexradio.com of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites.
    1. Security. Upon registering as a member with the Website, you must choose a user name and password for your account. You may change your password at anytime through the options available at your Talkingsexradio.com personal homepage (also called "RudePage"). You are responsible for the security of your user name and password. If you believe that either your user name or password has been compromised, you should change your password immediately. You acknowledge and agree that the Website shall not be responsible for any use or misuse of your RudePage, your Credits, or any materials posted at or through your account which result from the unauthorized use of your RudePage. You shall not circumvent any encryption or other security tools used anywhere on the Website, including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website.
    2. Overuse. You shall not take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. In addition, you shall not use any device, software or routine to bypass any operational element of the Website, nor shall you interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted at or through the Website.
    3. Etiquette. We reserve the right, but not the obligation, to monitor areas of the Website, including but not limited to the chat areas of the Website. If we determine that your activity at the Website is unreasonable or obstructive, you will be banned from the Website. You shall not harass or "stalk" any user or member of the Website, or any model depicted on the Website. In addition, you shall not collect or store any information regarding any other user or member of the Website, except as specifically provided by the normal operations of the Website. If you participate in any chat or other method of communication at the Website, you agree to refrain from publishing, disseminating or submitting any defamatory, offensive or material that infringes the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights while using the Website or other services accessible at or through the Website.

 

  1. TERMINATION. You may cancel your membership at any time by sending an email to the Website and providing us with your user name and password. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of the Website. In the event that your account is canceled by you, no refund, including any fees or Credits, will be granted or provided to you.
  2. WARRANTY; LIMITATIONS.
    1. THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TALKINGSEXRADIO.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
      1. THE CONTENT ON THE WEBSITE;
      2. THE CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE;
      3. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
      4. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
    1. TALKINGSEXRADIO.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TALKINGSEXRADIO.COM DOES NOT WARRANT THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALKINGSEXRADIO.COM SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
    2. TALKINGSEXRADIO.COM DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
    3. Under no circumstances shall Talkingsexradio.com be liable for any special, incidental, indirect, punitive or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Website even if we have been advised of the possibility of such damages.
    4. You agree to indemnify Talkingsexradio.com, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and Talkingsexradio.com agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Talkingsexradio.com and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website.
    5. You expressly agree that use of the Website or any of the Content is at your own and sole risk.

 

  1. MISCELLANEOUS. Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the Country of Nevis, without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the courts in Nevis for all matters arising out of, or related to, this Agreement. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.

 

 

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