Terms of Service

Updat­ed August 31, 2016

Please read these Terms of Ser­vice (“Terms”, “Terms of Ser­vice”) care­ful­ly before using the CanadaPhoneSex.ca web­site (the “Ser­vice”) oper­at­ed by Cana­da Phone Sex (“us”, “we”, or “our”).

Your access to and use of the Ser­vice is con­di­tioned on your accep­tance of and com­pli­ance with these Terms.  These Terms apply to all vis­i­tors, users and oth­ers who access or use the Ser­vice.

By access­ing or using the Ser­vice you agree to be bound by these Terms.  If you dis­agree with any part of the terms then you may not access the Ser­vice.

Intro­duc­tion

These Terms and Con­di­tions gov­ern your use of this web­site; by using this web­site, you accept these Terms and Con­di­tions in full. If you dis­agree with these Terms and Con­di­tions or any part of these Terms and Con­di­tions, you must not use this web­site.

You must be at least [18] years of age (or old­er accord­ing to any applic­a­ble laws in your coun­try of res­i­dence and/or from the loca­tion where you are access­ing this web­site) to use this web­site.  By using this web­site (and by agree­ing to these Terms and Con­di­tions) you war­rant and rep­re­sent that you are at least [18] years of age (or old­er, as described above).

This web­site uses cook­ies.  By using this web­site and agree­ing to these Terms and Con­di­tions, you con­sent to our use of cook­ies in accor­dance with the terms of our Pri­va­cy Pol­i­cy

Links To Oth­er Web Sites

Our Ser­vice may con­tain links to third-par­ty web sites or ser­vices that are not owned or con­trolled by Cana­da Phone Sex.

Cana­da Phone Sex has no con­trol over, and assumes no respon­si­bil­i­ty for the con­tent, pri­va­cy poli­cies, or prac­tices of any third par­ty web sites or ser­vices.  You fur­ther acknowl­edge and agree that Cana­da Phone Sex 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, goods or ser­vices avail­able on or through any such web sites or ser­vices.

We strong­ly advise you to read the Terms and Con­di­tions and pri­va­cy poli­cies of any third-par­ty web sites or ser­vices that you vis­it.

License to Use Web­site

Unless oth­er­wise stat­ed, Cana­da Phone Sex and/or its licen­sors own the intel­lec­tu­al prop­er­ty rights in the web­site and mate­r­i­al on the web­site. Sub­ject to the license below, all these intel­lec­tu­al prop­er­ty rights are reserved.

You may view, down­load for caching pur­pos­es only, and print pages [or images] from the web­site for your own per­son­al use, sub­ject to the restric­tions set out below and else­where in these Terms and Con­di­tions.

You must not:

  • repub­lish mate­r­i­al from this web­site (includ­ing repub­li­ca­tion on anoth­er web­site);
  • sell, rent or sub-license mate­r­i­al from the web­site;
  • show any mate­r­i­al from the web­site in pub­lic;
  • repro­duce, dupli­cate, copy or oth­er­wise exploit mate­r­i­al on this web­site for a com­mer­cial pur­pose;
  • edit or oth­er­wise mod­i­fy any mate­r­i­al on the web­site; or redis­trib­ute mate­r­i­al from this web­site [except for con­tent specif­i­cal­ly and express­ly made avail­able for redis­tri­b­u­tion].

Where con­tent is specif­i­cal­ly made avail­able for redis­tri­b­u­tion, it may only be redis­trib­uted with­in your organ­i­sa­tion unless express­ly per­mit­ted oth­er­wise.

Accept­able Use

You must not:

  • Use this web­site in any way that caus­es, or may cause, dam­age to the web­site or impair­ment of the avail­abil­i­ty or acces­si­bil­i­ty of the web­site; or in any way which is unlaw­ful, ille­gal, fraud­u­lent or harm­ful, or in con­nec­tion with any unlaw­ful, ille­gal, fraud­u­lent or harm­ful pur­pose or activ­i­ty.
  • Use this web­site to copy, store, host, trans­mit, send, use, pub­lish or dis­trib­ute any mate­r­i­al which con­sists of (or is linked to) any spy­ware, com­put­er virus, Tro­jan horse, worm, key­stroke log­ger, rootk­it or oth­er mali­cious com­put­er soft­ware.
  • Con­duct any sys­tem­at­ic or auto­mat­ed data col­lec­tion activ­i­ties (includ­ing with­out lim­i­ta­tion scrap­ing, data min­ing, data extrac­tion and data har­vest­ing) on or in rela­tion to this web­site with­out Cana­da Phone Sex’s express writ­ten con­sent.
  • Use this web­site to trans­mit or send unso­licit­ed com­mer­cial com­mu­ni­ca­tions.
  • Use this web­site for any pur­pos­es relat­ed to mar­ket­ing with­out Cana­da Phone Sex’s express writ­ten con­sent.

Restrict­ed Access

Access to this web­site (or areas of it) may be restrict­ed, in full or in part.  Cana­da Phone Sex reserves the right to restrict access to areas of this web­site, or indeed this entire web­site, at Cana­da Phone Sex’s dis­cre­tion.

If Cana­da Phone Sex pro­vides you with a user ID and pass­word to enable you to access restrict­ed areas of this web­site or oth­er con­tent or ser­vices, you must ensure that the user ID and pass­word are kept con­fi­den­tial.

Cana­da Phone Sex may dis­able your user ID and pass­word in Cana­da Phone Sex’s sole dis­cre­tion with­out notice or expla­na­tion.

User Con­tent

In these Terms and Con­di­tions, “your user con­tent” means mate­r­i­al (includ­ing with­out lim­i­ta­tion text, images, audio mate­r­i­al, video mate­r­i­al and audio-visu­al mate­r­i­al) that you sub­mit to this web­site, for what­ev­er pur­pose.

You grant to Cana­da Phone Sex a world­wide, irrev­o­ca­ble, non-exclu­sive, roy­al­ty-free license to use, repro­duce, adapt, pub­lish, trans­late and dis­trib­ute your user con­tent in any exist­ing or future media.  You also grant to Cana­da Phone Sex the right to sub-license these rights, and the right to bring an action for infringe­ment of these rights.

Your user con­tent must not be ille­gal or unlaw­ful, must not infringe any third party’s legal rights, and must not be capa­ble of giv­ing rise to legal action whether against you or Cana­da Phone Sex or a third par­ty (in each case under any applic­a­ble law).

You must not sub­mit any user con­tent to the web­site that is or has ever been the sub­ject of any threat­ened or actu­al legal pro­ceed­ings or oth­er sim­i­lar com­plaint.

Cana­da Phone Sex reserves the right to edit or remove any mate­r­i­al sub­mit­ted to this web­site, or stored on Cana­da Phone Sex’s servers, or host­ed or pub­lished upon this web­site.

Notwith­stand­ing Cana­da Phone Sex’s rights under these Terms and Con­di­tions in rela­tion to user con­tent, Cana­da Phone Sex does not under­take to mon­i­tor the sub­mis­sion of such con­tent to, or the pub­li­ca­tion of such con­tent on, this web­site.

No War­ranties

This web­site is pro­vid­ed “as is” with­out any rep­re­sen­ta­tions or war­ranties, express or implied. Cana­da Phone Sex makes no rep­re­sen­ta­tions or war­ranties in rela­tion to this web­site or the infor­ma­tion and mate­ri­als pro­vid­ed on this web­site.

With­out prej­u­dice to the gen­er­al­i­ty of the fore­go­ing para­graph, Cana­da Phone Sex does not war­rant that:

  • this web­site will be con­stant­ly avail­able, or avail­able at all; or
  • the infor­ma­tion on this web­site is com­plete, true, accu­rate or non-mis­lead­ing.

Noth­ing on this web­site con­sti­tutes, or is meant to con­sti­tute, advice of any kind.  If you require advice in rela­tion to any [legal, finan­cial or med­ical] mat­ter you should con­sult an appro­pri­ate pro­fes­sion­al.

Lim­i­ta­tions of Lia­bil­i­ty

Cana­da Phone Sex will not be liable to you (whether under the law of con­tract, the law of torts or oth­er­wise) in rela­tion to the con­tents of, or use of, or oth­er­wise in con­nec­tion with, this web­site:

  • to the extent that the web­site is pro­vid­ed free-of-charge, for any direct loss;
  • for any indi­rect, spe­cial or con­se­quen­tial loss; or
  • for any busi­ness loss­es, loss of rev­enue, income, prof­its or antic­i­pat­ed sav­ings, loss of con­tracts or busi­ness rela­tion­ships, loss of rep­u­ta­tion or good­will, or
  • loss or cor­rup­tion of infor­ma­tion or data.

These lim­i­ta­tions of lia­bil­i­ty apply even if Cana­da Phone Sex has been express­ly advised of the poten­tial loss.

Excep­tions

Noth­ing in this web­site dis­claimer will exclude or lim­it any war­ran­ty implied by law that it would be unlaw­ful to exclude or lim­it; and noth­ing in this web­site dis­claimer will exclude or lim­it Cana­da Phone Sex’s lia­bil­i­ty in respect of any:

  • death or per­son­al injury caused by Cana­da Phone Sex’s neg­li­gence;
  • fraud or fraud­u­lent mis­rep­re­sen­ta­tion on the part of Cana­da Phone Sex; or
  • mat­ter which it would be ille­gal or unlaw­ful for Cana­da Phone Sex to exclude or lim­it, or to attempt or pur­port to exclude or lim­it, its lia­bil­i­ty.

Rea­son­able­ness

By using this web­site, you agree that the exclu­sions and lim­i­ta­tions of lia­bil­i­ty set out in this web­site dis­claimer are rea­son­able.

If you do not think they are rea­son­able, you must not use this web­site.

Oth­er Par­ties

You accept that, regard­less of cor­po­rate struc­ture (or lack there­of), Cana­da Phone Sex has an inter­est in lim­it­ing the per­son­al lia­bil­i­ty of its oper­a­tors, offi­cers, affil­i­ates and employ­ees.  You agree that you will not bring any claim per­son­al­ly against Cana­da Phone Sex’s oper­a­tors, offi­cers, affil­i­ates or employ­ees in respect of any loss­es you suf­fer in con­nec­tion with the web­site.

With­out prej­u­dice to the fore­go­ing para­graph, you agree that the lim­i­ta­tions of war­ranties and lia­bil­i­ty set out in this web­site dis­claimer will pro­tect Cana­da Phone Sex’s oper­a­tors, offi­cers, affil­i­ates, employ­ees, agents, sub­sidiaries, suc­ces­sors, assigns and sub-con­trac­tors as well as Cana­da Phone Sex.

Unen­force­able Pro­vi­sions

If any pro­vi­sion of this web­site dis­claimer is, or is found to be, unen­force­able under applic­a­ble law, that will not affect the enforce­abil­i­ty of the oth­er pro­vi­sions of this web­site dis­claimer.

Indem­ni­ty

You here­by indem­ni­fy Cana­da Phone Sex and under­take to keep Cana­da Phone Sex indem­ni­fied against any loss­es, dam­ages, costs, lia­bil­i­ties and expens­es (includ­ing, with­out lim­i­ta­tion, legal expens­es and any amounts paid by Cana­da Phone Sex to a third par­ty in set­tle­ment of a claim or dis­pute on the advice of Cana­da Phone Sex’s legal advis­ers) incurred or suf­fered by Cana­da Phone Sex aris­ing out of any breach by you of any pro­vi­sion of these Terms and Con­di­tions, or aris­ing out of any claim that you have breached any pro­vi­sion of these Terms and Con­di­tions.

Breach­es Of These Terms & Con­di­tions

With­out prej­u­dice to Cana­da Phone Sex’s oth­er rights under these Terms and Con­di­tions, if you breach these Terms and Con­di­tions in any way, Cana­da Phone Sex may take such action as Cana­da Phone Sex deems appro­pri­ate to deal with the breach, includ­ing sus­pend­ing your access to the web­site, pro­hibit­ing you from access­ing the web­site, block­ing com­put­ers using your IP address from access­ing the web­site, con­tact­ing your inter­net ser­vice provider to request that they block your access to the web­site and/or bring­ing court pro­ceed­ings against you.

Vari­a­tion

Cana­da Phone Sex may revise these Terms and Con­di­tions from time-to-time.  Revised Terms and Con­di­tions will apply to the use of this web­site from the date of the pub­li­ca­tion of the revised Terms and Con­di­tions on this web­site.  Please check this page reg­u­lar­ly to ensure you are famil­iar with the cur­rent ver­sion.

Assign­ment

Cana­da Phone Sex may trans­fer, sub-con­tract or oth­er­wise deal with Cana­da Phone Sex’s rights and/or oblig­a­tions under these Terms and Con­di­tions with­out noti­fy­ing you or obtain­ing your con­sent.

You may not trans­fer, sub-con­tract or oth­er­wise deal with your rights and/or oblig­a­tions under these Terms and Con­di­tions.

Sev­er­abil­i­ty

If a pro­vi­sion of these Terms and Con­di­tions is deter­mined by any court or oth­er com­pe­tent author­i­ty to be unlaw­ful and/or unen­force­able, the oth­er pro­vi­sions will con­tin­ue in effect.  If any unlaw­ful and/or unen­force­able pro­vi­sion would be law­ful or enforce­able if part of it were delet­ed, that part will be deemed to be delet­ed, and the rest of the pro­vi­sion will con­tin­ue in effect.

Entire Agree­ment

These Terms and Con­di­tions (com­bined with our Pri­va­cy Pol­i­cy) con­sti­tute the entire agree­ment between you and Cana­da Phone Sex in rela­tion to your use of this web­site, and super­sede all pre­vi­ous agree­ments in respect of your use of this web­site.

Inter­na­tion­al Users

Cana­da Phone Sex makes no claims that this web­site and the mate­ri­als may be law­ful­ly viewed or down­loaded out­side of Cana­da.  Access to the web­site and the mate­ri­als may not be legal by cer­tain per­sons or in cer­tain coun­tries.  If you access the web­site from out­side of Cana­da, you do so at your own risk and are respon­si­ble for com­pli­ance with the laws of your juris­dic­tion, if and to the extent that local laws are applic­a­ble.  Specif­i­cal­ly, you agree to com­ply with all applic­a­ble laws regard­ing con­tent that may be deemed adult, porno­graph­ic or obscene, and to the trans­mis­sion of tech­ni­cal or oth­er data export­ed from Cana­da or the coun­try in which you reside.

Gov­ern­ing Law & Juris­dic­tion

Any claim relat­ing to the Web­site shall be gov­erned by the laws of the Province of Ontario, Cana­da.  Where a dis­pute aris­es between you and Cana­da Phone Sex, you agree to sub­mit the dis­pute to arbi­tra­tion, which shall take place in the City of Peter­bor­ough or, at the total dis­cre­tion of Cana­da Phone Sex, anoth­er loca­tion in Ontario or by means of tele­phone or video con­fer­ence, and the rules gov­ern­ing such arbi­tra­tion shall be as pro­vid­ed under Ontario’s Arbi­tra­tion Act, 1991 or any suc­ces­sor leg­is­la­tion.

Changes

We reserve the right, at our sole dis­cre­tion, to mod­i­fy or replace these Terms at any time.  If a revi­sion is mate­r­i­al we will try to pro­vide at least 30 days notice pri­or to any new terms tak­ing effect.  What con­sti­tutes a mate­r­i­al change will be deter­mined at our sole dis­cre­tion.

By con­tin­u­ing to access or use our Ser­vice after those revi­sions become effec­tive, you agree to be bound by the revised terms.  If you do not agree to the new terms, please stop using the Ser­vice.

Con­tact Us

If you have any ques­tions about these Terms, please con­tact us at:  comments@canadaphonesex.ca