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Terms and Conditions Service Agreement

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.
This is a legal agreement between you (member) and Tantalizing Talk, doing business as TTLK Services or Tantalizingtalk.com / Tantalizingtalk.info and hereinafter referred to as “TTLK”. By accessing the Tantalizing Talk website, you will be considered a “Member”. The person(s) with whom you communicate via Tantalizing Talk are referred to as “Operators”, and any telephone/internet services accessed via Tantalizing Talk are referred to as “Service”. All Members are held to the terms of this agreement for the entirety of their membership. If at any time you, the Member, is found to be in violation of the Terms of Service, your account will be terminated without prior warning. In using this website you are deemed to have read and agreed to the following terms and conditions:
By registering as a member, initiating any form of communication with an operator, and using the site and any of its services including any content therein, you accept and agree to be bound by the sites’ policies. TTLK reserves the right to change, suspend or terminate your access to and use of the Services. We require Members to follow the terms presented by TTLK. TTLK reserves the right to change these Terms of Service at any time and without notice to you. It is your responsibility to read this document as shown online as it is legally binding.
This Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. Your continued use will constitute a binding acceptance by you of these Terms of Service, as well as any subsequent modifications. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever either express or implied. You acknowledge that use of the Service is at your own risk. We do not represent nor endorse the accuracy or reliability of any profile, advice, opinion, statement or any other information offered, recorded or distributed through this Service. You acknowledge that any reliance upon any such opinion, profile, advice, statement or information shall be at your sole risk.

You, the Member, represent and warrant that:

1)You are an adult, at least eighteen (18) years old, and have a legal right to access adult material and are otherwise capable of forming legally binding contracts under applicable law.
-You shall not use the Site or become a Member if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia.
-If you use this site in violation of this statement, you understand that you may be in violation of local, state and/or federal laws, and that you are solely responsible for your actions.

2)You will not permit any person(s) under eighteen (18) years old to use or have access to this Service.

3)You have reviewed the products and services offered and you are a voluntary user of Tantalizing Talk, its products and Service and agree that nothing provided by the site is objectionable or offensive. You use Services and consult with Operators, at your own risk. If you are offended by any content, you will cease communication with any Operator, and exit the Service.

4)You will follow the laws and standards of the community in which you live or in which you are using this Service.

5)You agree to not hold TTLK or its employees and contractors responsible for any content or communications via this Service. . You are solely responsible for all use made of the Site and Services under your password and Member account information and agree to pay for all Services and content purchased using your password and Member account information.

6)You will not permit your PIN or password to be used or known to any other party.

7)You are not permitted to post or transmit anything via this Service which is illegal, racist, threatening, or derogatory.

8)Multiple/Duplicate accounts are NOT allowed
You understand and agree to create only one member account for this site and its services. You understand that if create more than one account, it will be deleted and the cost of any free minutes given to a second account will be deducted from your account to cover the cost of the call and any remaining funds will be added to your original member account. In the event that there isn’t sufficient funds to cover the costs, you will not receive any free call offers for 6 months. You agree that if you are unable to retrieve your account information by using the 'forgot password' feature, you will send an email to info@tantalizingtalk.com for assistance. You acknowledge that we reserve the right to delete and permanently block any user that violates this rule.

9)You understand and agree that monies deposited to your account are non-refundable. Each Operator acts independently and TTLK does not warrant the quality of the Service that they provide. You understand that chargebacks will result in a permanent block and termination of your account and you will no longer be able to use this site or its services. You agree to contact support to resolve issues that upon review may be settled in the form of a credit for use on this site and not for cash or refund to credit card accounts. You acknowledge that TTLK has the right to deny such requests if they are found to be fraudulent. You must notify us in writing immediately if you become aware of any unauthorised use of your password or account.

10)Breaches of these terms of use:
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem 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.

11)Links to Other Websites. The Site may provide links to websites other than Tantalizing Talk. Such links are provided for reference only, and Tantalizing Talk neither controls such websites nor endorses any of the material on any such websites or any association with their operators or owners.

12)Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by TTLK via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to info@TantalizingTalk.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (7) days after receipt by the U.S. Postal Service in the case of United States mail.

13) No Assignment. You shall not assign this Terms agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TTLK. Any such purported assignment or delegation by you without the appropriate prior written consent of TTLK will be null and void and of no force or effect, unless otherwise expressly consented to by TTLK at its sole and absolute discretion. TTLK may assign this Agreement or any rights hereunder without your consent.

14) Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Terms agreement each party shall be independent and act independently and not as a contractor, partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

15) Arbitration. Any controversy or claim arising out of or relating to this Terms agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and no appeals may be filed. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, TTLK, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

16) You consent to the use of (a) electronic means to complete this Terms agreement, to use the Site and Services and to provide you with any notices given pursuant to this Terms agreement, and (b) electronic records to store information related to this Terms agreement or your use of the Site.
You can request a copy in paper form of this Terms agreement and any other records relating to this Terms agreement or your use of the Site by sending a written request to info@TantalizingTalk.com. You understand and agree that this Terms agreement and any notices given pursuant to this Terms agreement are enforceable in electronic format.

17) Miscellaneous:
If any provision of this Terms agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. TTLK's failure to act with respect to a breach by you or others does not waive TTLK's right to act with respect to subsequent or similar breaches. The failure of TTLK to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Terms agreement shall be governed by and interpreted in accordance with the laws of the State of New York. The parties acknowledge that this Terms agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Terms agreement. You agree that this Terms agreement and the Member rules and restrictions and policies contained herein, and TTLK's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and TTLK. This Terms agreement together with the rules and policies of TTLK constitutes the entire agreement between TTLK and you with respect to the subject matter hereof.

18)Variation: TTLK 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.
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] [(such as our newsletter or share buttons)].]
You agree to fully indemnify TTLK and hold harmless its officers, employees or agents against any losses, claims, damages, liabilities, expenses, actions, suits, or proceedings (collectively, “Losses”) to which it may become subject, and will reimburse TTLK for any legal and other expenses incurred in connection with investigating, defending, settling, or paying such Losses. These Terms of Service are governed by the laws of State of New York. Any dispute or arbitration must be initiated and presided over in New York, New York.

July 2013
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