Terms of Service

Welcome to the web site for "Australian Phone Sex" located at www.australianphonesex.com (the "Web Site"). By using this Web Site (for example, if browse our content), you agree to be bound by these Terms and Conditions of Use ("Terms of Service") just as if you had signed the agreement. Please bear in mind that Australian Phone Sex ("we" or "us") reserves the right to revise these Terms and Conditions at any time, and by using this Web Site, you agree to be bound by any such revisions when they become effective whether or not you have reviewed them. If you do not agree to these Terms and Conditions of Use, you should not use our Web Site.

1.Sexual Nature of Material. All materials, messages, and other communications contained herein on this Web Site and some web sites listed, linked and/or advertised on and throughout this Web Site are intended for distribution exclusively to consenting adults over the age of 18 in locations where such materials, messages and other communications do not violate any community standards and/or any federal, state or local laws, regulations, rules or customs of the country you are in. By using any of our services or this Web Site, you swear/affirm that you are an adult, at least 18 years of age. You further promise that you will not permit any person(s) under 18 years of age to have access to any of our services or of any of the materials contained within this Web Site. Furthermore, you expressly acknowledge that our content may not be accessed by you if you live in certain US localities, including without limitation, Alabama; Florida, except Ft. Lauderdale, Miami, and St. Petersburg; Georgia, except Atlanta; Kansas, except Kansas City; Kentucky; Minnesota; Missouri; Mississippi; North Carolina; Ohio, except Cleveland and Cincinnati; Pennsylvania, except Philadelphia and Pittsburgh; South Carolina; Tennessee; except for Nashville; Utah; or certain countries; Afghanistan; Kuwait; Iran; Iraq; Japan; Jordan; Libya; Pakistan; The Republic of China; Singapore; Saudi Arabia; Syria; The United Arab Emirates; or any other place in which to do so would constitute a violation of any law, regulation, rule or custom. We make no representation that the content provided by our services or contained in this Web Site is appropriate or may be accessed or downloaded in your locality, whether within or outside of Australia or it's territories.

2. Copyright. We are the owner of all copyrights in and to the content on the Web Site, including without limitation, (i) all services, text, data, graphics, graphs, charts, photographs, videos, typefaces, audio, music, sounds, HTML code, and interfaces contained on the Web Site; and (ii) the design, selection and arrangement of the Web Site. All rights reserved.

3. Permitted Uses. Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use and display this Web Site and the materials provided hereon for your personal, non-commercial use. You are not granted permission to record, duplicate or monitor any audio or phone service provided by us. Specifically, if you even attempt to record, duplicate or monitor any such materials you will be immediately banned from our servers and immediately reported to your local government authorities for internet fraud. You are granted permission to view or download a single copy of any printed material on the Web Site solely for your personal, non-commercial use. When such content is downloaded to your computer, you do not obtain any ownership interest in the content and you can not make any modifications to the content or any use of the content for any other purposes. Ownership of all such content shall at all times remain with us. We reserve all rights not expressly granted to you. Permission to use our copyrightable material for purposes not otherwise permitted herein may be granted on a case-by-case basis.

4. Submitted Materials. Any submissions of materials or information in connection with this Web Site shall be made in accordance with the terms set out here in these terms and conditions as well as our privacy policy. You acknowledge and agree that the failure to abide this will render your submission invalid.

5. Prohibited Uses. This Web Site may be used only for lawful purposes. We specifically prohibit any use of the Web Site for the following purposes, and users of the Web Site agree not to use the site for either of the following purposes: (i) to modify, publish, transmit, distribute, display, perform, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the copyrighted materials contained on our services or in this Web Site, in whole or in part, without our prior written consent (except as expressly provided herein); or (ii) to sublease, lease, sell, assign, transfer, distribute, rent, permit concurrent use of or grant other rights in any material provided by our services or on this Web Site to any third party. 6. Modifications. We reserve the right at any time and from time to time, in our sole discretion, to modify or discontinue, temporarily or permanently, any service or the Web Site (or any part thereof, including the transmission of any related materials or documentation) with or without notice. We further reserve the right at any time and from time to time, in our sole discretion, to change or terminate without notice any content or features contained on any service or this Web Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the content or features provided by our services or on this Web Site.

7. Accuracy of Information. If you choose to submit any materials in connection with any of our services or this Web Site, you agree to provide true, accurate, current and complete information about yourself (such information being the "Personal Data") and to maintain and promptly update your Personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of any of our services and/or this Web Site (or any portion thereof). We shall use and protect your Personal Data in accordance with the terms of our Privacy Policy (which is incorporated into these Terms and Conditions of Use by reference).

8. External Sites. The Web Site may include links to other web sites that are owned or operated by third parties ("External Sites"). We do not have any control over or responsibility for the content, Terms of Service, practices or policies of the External Sites, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from the External Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any External Sites. You should contact the site administrators and/or webmasters for the External Sites if you have any questions or concerns about these sites.

9. Security Regulations. You are prohibited from violating or attempting to violate the security of any of our services or this Web Site, including, without limitation: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (b) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mail bombing" or "crashing." Violations of system or network security may result in civil or criminal liability. We will vigorously pursue all potential violations of these security rules, and will cooperate with your local law enforcement in prosecuting anyone who is found to have violated any security regulations.

10. Suspension; Termination. If it is determined that you have violated any element of these Terms and Conditions, we shall have the right, in our sole discretion, to suspend or terminate your access to all our services including this Web Site. You agree that any suspension or termination of your access may be effected without prior notice. You further agree that, upon termination, you shall immediately destroy any copies made of any portion of the content contained on the Web Site. Finally, you agree that we shall not be liable to you or any third party for any suspension or termination of your access to any of our services or the Web Site. All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms and Conditions shall survive termination.

11. Disclaimer. ALL CONTENT ON THIS WEB SITE (THE "CONTENT") IS PROVIDED "AS IS." ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENT (WHETHER OR NOT ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING) ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL RIGHTS IN AND TO THE CONTENT CONTAINED ON THE WEB SITE. WE ALSO DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES (i) THAT THE CONTENT IS ERROR-FREE AND/OR FREE FROM ANY COMPUTER BUGS, VIRUSES OR DISENABLING CODES; AND (ii) THAT THE CONTENT WORKS WITH ANY HARDWARE OR SOFTWARE CONFIGURATION. TO THE EXTENT THAT ANY WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST VISIT TO THE WEB SITE. WE DO NOT GUARANTEE THE SECURITY, SEQUENCE, TIMELINESS, ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT.

12. Limitation of Liability. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) INCURRED IN CONNECTION WITH THE CONTENT AND/OR THE WEB SITE, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, LOST OR DAMAGED DATA, DAMAGE TO OR INTERRUPTION OF ANY LOCAL AREA NETWORKS, INTRODUCTION OF VIRUSES, WORMS OR OTHER DESTRUCTIVE PROGRAMS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES, ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY IN RELIANCE UPON THE CONTENT, ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY INACCURACIES, ERRORS OR OMISSIONS IN CONNECTION WITH THE CONTENT. OUR MAXIMUM AGGREGATE LIABILITY, AND THE MAXIMUM AGGREGATE LIABILITY OF OUR COMPANY AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES, IN CONNECTION WITH THE CONTENT, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF THE ACTUAL MAILING COSTS, IF ANY, REGARDING THE SUBMISSION OF A VIDEOCASSETTE AND OTHER MATERIALS IN CONNECTION WITH THE AUDIOTIONING PROCESS FOR THE PICTURE.

13. Indemnity. You agree to defend, indemnify, and hold Australian Phone Sex, and its officers, directors, employees, agents, licensees and licensors harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, all reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

14. Governing Law. These Terms and Conditions shall be construed in accordance with, and shall in all respects be governed by the laws of the state of Victoria, Australia.

15. Severability. The invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect any other provision hereof and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted. If it is determined that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited.

16. General. These Terms and Conditions constitute the entire agreement between you and us and govern your use of our services and the Web Site, superseding any prior agreements between us, whether oral or in writing. Your use of any of our services or this Web Site is also subject to our Privacy Policy. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or any further right hereunder. We shall have the right to collect from you any expenses incurred including attorney's fees in enforcing our rights under these Terms and Conditions.