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These Terms were last updated on 1st March 2013
Thank you for visiting us at hornylines.com (the 'Site').
These terms and conditions (the 'Terms') are the terms on which the Site and the Services as more particularly described in clause 3 below are made available to you ('You'/‘Your’).
By accessing and using the Site or Services You agree to be bound by these Terms. If you do not accept these Terms, do not use or access the Site.
We may change these terms from time to time, so you should review them each time you visit the Site. You may print or save a copy of these Terms for Your reference but the most up to date version of these Terms will always be made available here whilst this Site is operational. However, We will not file a copy of these Terms as they specifically reflect Our agreement with You.
ALL SERVICES ARE FOR ENTERTAINMENT ONLY. The operators are not Our employees and the provision of any of the Services shall be directly between You and the operator. You and the operator are solely responsible for the conversations which occur while a operator is providing any Services. We will not be liable for any damages sustained due to reliance by you on such information provided by any Operator.
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales (or, where this is not permitted by applicable law, the country of Your domicile). Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless this is not permitted by applicable law, in which case the courts in the country of Your domicile shall have exclusive jurisdiction.
3.1 Some of the content posted via the Services is third party content and therefore We do not always have control over the contents of communications made by or between Service users and cannot be held liable for any contents of or consequences of such content. You must be aware that any information provided by another user of the Services may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using the Services and providing any information to another user of the Services.
3.2 The information contained on this Site and provided via the Services are for information and entertainment purposes only. You should check any information on the Site or provided via the Services and use your own judgment before doing or not doing anything on the basis of what you see, read or hear. Any decisions or action taken by You on the basis of information provided on or via the Site are at Your sole discretion and risk and You should obtain individual professional advice where necessary.
3.3 We will provide the Services with reasonable care and skill and use all reasonable endeavours to correct any errors and admissions as soon as practicable once they have been brought to our attention, however to the extent permitted by Applicable Law, WE DO NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY (WHETHER EXPRESS OR IMPLIED) IN RESPECT OF SERVICES OR THEIR CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AS TO THE QUALITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED IN CONNECTION WITH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY STATEMENTS MADE BY ADVERTISERS ON OR VIA THIS SERVICE.
3.4 TO THE EXTENT PERMITTED BY APPLICABLE LAW WE ARE NOT LIABLE FOR:
3.5 IN ALL OTHER CIRCUMSTANCES, OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR FOR THE SERVICES, WHETHER IN CONTRACT OR TORT FOR ANY CAUSE OF ACTION, EVEN AN ACTION ARISING FROM OUR OWN NEGLIGENCE OR THE NEGLIGENCE OF THE OPERATOR, OUR FRAUD, OR FRAUDULENT MISREPRESENTATION SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT TO US FROM YOU IN RELATION TO THE RELEVANT SERVICE SESSION. IN NO EVENT WILL WE OR ANY OPERATOR BE LIABLE FOR: ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICE. WHERE THIS LIMITATION IS UNENFORCEABLE, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW.
3.6 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND THE OPERATOR, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCLUDING, WITHOUT LIMITATION, LAWYERS’/ATTORNEYS' FEES AND COSTS, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF: (I) ANY BREACH BY YOU OF THE AGREEMENT OR ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN; OR (II) YOUR USE OF THE SITE OR SERVICE.
3.7 We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of Your or Our ISP, Your browser or the Internet.
3.8 The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, We cannot guarantee that the Site or any individual feature of the Site will be free from viruses or bugs.
3.9 Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
3.10 We will co-operate with any regulators (including, without limitation, PhonepayPlus (the UK’s premium rate services regulator)), law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate any one breaching clause 10.4 and 12.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law or may exercise our discretion to disclose information about You or Your use of this Service to such persons.
4.1 We are Xcorp Limited a company registered in England and Wales under registration number 07961008 and our address is BM Xcorp, London, WC1N 3XX, United Kingdom. ('We'/ 'Us'/'Our').
4.2 If You have any questions, complaints or comments on this Site then You may contact Us by writing to us at:BM Xcorp, London, WC1N 3XX, United Kingdom.
We provide various entertainment services (‘Services’) for You to choose to receive including the following:
5.1 Live and Interactive Voice (IVR) Services: We facilitate a range of live person-to-person voice services and recorded services available that enable you to chat to a Operator and listen to pre-recorded content.
5.2 An Operator is not authorised to disclose or receive any personal or contact information. If an Operator offers or discloses this, please notify us immediately.
5.3 We may modify any of the Services at any time in order to take account changes on law and to provide You with new Services.
6.1 You may not use the Service, this Site or any part(s) thereof for any purposes other than for Your own personal use nor for any commercial purposes including, without limitation, leaving or distributing advertisements or promotions or offering, either directly or indirectly, services or goods for sale.
6.2 Your use of the Service, this Site and their contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in this Site and its contents or comprised in any of the Services.
6.3 You may not, without limitation, copy, reproduce, republish, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Site and its contents, the Services or any part(s) thereof.
6.4 Any use other than that permitted under this clause 3 may only be undertaken with Our prior express authorisation.
7.1 You must be 18 years old or older to register to the Site.
7.2 Only one registration per person is allowed. You must keep your registration information up to date.
7.3 You must keep your password confidential.
7.4 You must not:
7.5 You are responsible for everything done using Your account. If you think that someone else may have access to, or be using, Your password or account, You must tell us as soon as possible by writing to us at: BM Xcorp, London, WC1N 3XX, United Kingdom.
8.1 You must be 18 years of age or over to register on this Site or use any of the Services. If We discover or suspect that You are not 18 years or older then We may bar or terminate Your access to the Service without notice.
8.2 We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that You have breached or will breach these Terms or someone has reported abuse. However, we are not obliged to do these things, we decide.
8.3 Where We suspend, terminate or prevent Your registration, You must not attempt to re-register or submit content (e.g. using someone else's registration), without Our permission. The period of any suspension depends on all the circumstances.
9.1 The fees for the Services that you purchase through the Site will be stated on the Site. We may in Our absolute discretion choose to amend these from time to time.
9.2 You agree that you will pay for any Services which You use on the Site by credit or debit card ("credit card") or by Pre-pay Premium SMS (PSMS). You are ultimately responsible for the timely payment of all fees relating to any of the Services and for providing Us with a valid credit card for payment of all fees. All fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your information on the Site.
9.3 The fees payable for the relevant Service will include the price for that Services plus any applicable taxes in effect on the day you receive or participate in that Service. You will pay any sums owed to Us without set-off, deduction, counter claim or any other withholding of payment. You will be automatically charged the fee upon confirmation of the Service you require after which time
9.4 Credit card charges are processed by third party processors who process payments securely. In the event you choose to make a payment from our Site, you will be transferred to the appropriate third party successor’s website where the payments shall be processed.
9.5 For any help or assistance with payment for the Services please contact Us by writing to us at: BM Xcorp, London, WC1N 3XX, United Kingdom.
10.1 You may view (and, where applicable) listen to the content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trade marks and copyright and trade mark notices are not removed.
10.2 Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, link, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever.
10.3 You must not use all or any part of our Site or the contents on it for any commercial purposes.
10.4 You agree that in using the Service and Site You will not:
10.4.1 use the Service or Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
10.4.2 use the Service or Site for any purpose other than Your personal use, in any way that may reasonably be deemed unfair usage;
10.4.3 leave any content or act in any manner which is defamatory, in breach of copyright or may have the effect of harassing, offending, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religions, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal;
10.4.4 record or disclose personal data regarding another user of the Site or person including, without limitation, their email, address or other contact details that would enable another user of the Site to contact them without their express consent; or
10.4.5 use the Service or Site to engage in discussion of any subject that is illegal or grossly offensive.
10.5 Please note that We may, for training purposes and to investigate any complaints at Our discretion monitor or record calls or messages for the purpose of ensuring compliance with these Terms.
11.1 We may publish, check, edit or remove all or part of the comments or other material, including your name, town and country, which you submit to Us for use on the Site ('Your Content'), at our sole discretion. We are not obliged to do any of these things and We may not.
11.2 You retain any copyright you may have in Your Content. By submitting material to Us, you grant Us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this licence. The licence is capable of sub-license by Us to other entities and brands in Our group of companies.
11.3 To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
11.4 This clause 11 means, for example (without limitation), that We can:
11.4.1 Continue to publish all or part of Your Content, including your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
11.4.2 Remove Your Content, even if you have not breached these Terms.
11.4.3 Use all or part of Your Content in promoting our products and services.
11.4.4 Edit your Content, which may result in a part of it being modified and displayed, including without your name. Please note that We do not check, monitor, moderate or even see all the comments and other material submitted to us.
12.1 You must not submit any material to our Site that:
12.7.2 You must not include links on the Site to any websites or webpages.
12.7.3 You must not try to get round any protections we put in place for the security and operation of the Site.
12.7.4 You must not re-submit content which you are aware has been removed.
12.8 We reserve the right to suspend, restrict or terminate Your access to the Site and/or Services at any time without notice at Our discretion where You are or We suspect that You may be in breach of these Terms.
14.1 Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.
14.2 We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.
15.1 We are constantly looking for new ways to improve our Services and to enhance Your experience. We therefore reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on Our website and You will be deemed to have accepted any such changes by Your use of this Website from such time.
16.1 Each provision of these Terms shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
17.1 This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Please note that prices as advertised in the press and generally may be subject to change and therefore it is important that You review these Terms and the Website before using the Service to ensure that You are aware of the latest charges that will apply. All such changes will take effect once they have been posted on Our Site and You will be deemed to have accepted any such changes when You next choose to use the Service.
17.2 These Terms are only available in the English language.
Please submit any questions You have about these Terms or any problems concerning the Site by writing to us at: BM Xcorp, London, WC1N 3XX, United Kingdom.
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