UserAgreement

Welcome to the User Agreement. This is a legal agreement between you, doing business as NightSlut.com and hereinafter referred to as “NightSlut.com.” User, “You” agree that Your access to the Site and Services shall take place only under the policies, terms, and conditions below. For convenience, we will refer to the NightSlut.com website, Mail (any message you send from your User account to another User), phone services (including services available through Chat/Phone and other numbers that NightSlut.com. maintains for access by Users), and any content therein provided by NightSlut.com as the “Site.” We will refer to any information, entertainment services, and other products or services you may receive from other Users (in their role as members) or their listings on the Site as “Slut Services.” Users who enter our Site agree to the terms of this User Agreement and those who solicit or receive Slut Services from other Users will be referred to as “Users.” Users who create listings and/or provide Slut Services will be referred to as “Sluts.”

1. Eligibility to use the Site and Slut Services is limited.

1.1. The Site and Slut Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Slut Services are not available to temporarily or indefinitely suspended Users.

1.2. You shall not use the Site or become a User 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.

2. You use or provide Slut Services, and consult with Sluts, at your own risk.

2.1.NightSlut.com does not evaluate, provide, produce, or control the Slut Services, or information or exchanges between Users, in any manner. NightSlut.com does not itself provide any information, entertainment services or other products or services, nor verify, guarantee, or make any representations regarding the identity or qualifications of any User. Further, NightSlut.com does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will NightSlut.com be held responsible for any User's failure to comply with laws or regulations concerning the content of listings. Instead, NightSlut.com acts as a technology service that allows Users to share information, entertainment services, or other products or services among themselves. Although NightSlut.com helps its Users connect with each other, it does not monitor the advice exchanged, and, as a result, NightSlut.com does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users, including without limitation any information contained in Slut listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. NightSlut.com is not responsible for use or exchange of any information, files, or goods between Users. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Site and Slut Services, in evaluating the qualifications of, and statements made by Users in listings or through the User feedback system, and in disclosing personal information to other Users. NightSlut.com recommends that you do not disclose personal contact information to Users. If you do, you do so at your own risk. NightSlut.com assumes no responsibility for monitoring any User feedback or otherwise policing its Users in any way. If you ever believe that a User has violated the law or is defrauding, threatening, or endangering anyone, NightSLut.com urges you immediately to contact the police directly for help. In addition NightSlut.com does not recommend or encourage Users to use the Site or Slut Services to solicit other Users to meet with them in person.

2.2. NightSlut.com does not refer, endorse, recommend, verify, evaluate, or guarantee any information, entertainment services, or other products or services provided by Sluts or Users, or any specific User, Slut or Talker Services, and nothing shall be considered as a referral, endorsement, recommendation, or guarantee of any Slut or group of Sluts by NightSlut.com. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Slut Services. Users who initiate, receive, and/or discontinue use of the Slut Services do so entirely at their own risk, and NightSlut.com bears no responsibility in this regard. In accordance with its Privacy Policy, NightSlut.com does not monitor telephone conversations between Users. However, NightSlut.com reserves the right to contact Users and review Mail without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this User Agreement and to take other action as set forth in the Privacy Policy. NightSlut.com does not monitor telephone conversations, but does reserve the right to record conversations per our Terms and Conditions Policy. Therefore, we urge you to review and understand the Privacy Policy as well as the Terms and Conditions Policy. As part of this User Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by the agreements contained in that document.

2.3. If you have a dispute with another User, or suffer any harm arising out of or connected with any Slut Services, you hereby waive all claims against and release NightSlut.com (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures and agents) from any and all liability for claims, demands, damages (actual and consequential), costs, and expenses (including litigation costs and attorney's' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Slut Services or with regard to such disputes.

3. NightSlut.com may modify this User Agreement, or suspend or terminate your use of the Site, at any time without notice to you, for any reason or for no reason.

3.1. NightSlut.com reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective within twentyfour (24) hours after they are initially posted on the Site. Changes to the Payment Policy are effective after NightSlut.com provides Sluts with at least twentyfour (24) hours notice of the changes by emailing Sluts. If any modification is not acceptable to you, your only recourse is to cease using the Site and Slut Services. By continuing to use the Site or any Slut Services following any posting of a new User Agreement or policies on the Site, you accept and agree to be bound by the new User Agreement or policies.

3.2. Without limiting other remedies, NightSlut.com may at any time suspend or terminate your Use of the Site and refuse to provide access to the Site without reason or notice to you. In addition, NightSlut.com may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if NightSlut.com suspects that you have failed to comply with any provision of this User Agreement or any policies or rules established by NightSlut.com; (ii) if NightSlut.com is unable to verify or authenticate any billing or payment information you provide to NightSlut.com; or (iii) if NightSlut.com suspects that your actions may be illegal or cause liability, harm or disruption for you, other Users, NightSlut.com or the Site. You have the right to cancel your Usership in NightSlut.com by filling out the Contact Us Form and entering “Cancel My Account” in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to NightSlut.com

4. The Site is only a venue for User listings.

NightSlut.com acts only as an interface to facilitate communications initiated between Users. As a User, you are not an employee, agent, or contractor of NightSlut.com, and you shall not represent that you are any of the foregoing. Similarly, Sluts are not employees, and you acknowledge and agree that Sluts are independent contractors of NightSlut.com. You are solely responsible for all equipment necessary to access and use the Site and Slut Services, and for reporting and payment of all taxes associated with fees transferred to you by NightSlut.com.

5. You are solely responsible for all use made of the Site and Slut Services under your password and User account information and agree to pay for all Slut Services purchased using your password and User account information.

5.1. The rates for Slut Services are as set forth in the applicable Slut listing. “Transaction” means any live or recorded call through the Site initiated using your password and User account information and any Mail response sent to your Mail account in response to a request for information, entertainment services or other products or services from a Slut who lists a fee for such product or service. You hereby authorize NightSlut.com to collect fees for each Transaction by debiting your User account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live and recorded calls are calculated based on the per-minute rate listed and the duration of the call, or from time to time may be offered by NightSlut.com for a single price listed for a bulk package of time. Time for calls sold in bulk have an expiration date; and you will not be entitled to receive a refund for any time remaining after the expiration date for the bulk minutes. Fees for recorded calls are determined based on the listed fee. Fees for Paid Messages are collected immediately upon acceptance of the Paid Messages, regardless of quality or completeness, by the receiving User and are determined as set forth in the Slut listings. When purchasing a package of bulk minutes, you authorize NightSlut.com to authorize your credit card for the entire price of the bulk package prior to connecting your next call and to subsequently charge your card for the entire cost of the bulk package once your call is connected. You authorize NightSlut.com, directly or through third parties, to make any inquiries we consider necessary to validate your User account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.

5.2. You agree to maintain the confidentiality of your password and User account information and to supervise all activities that occur under your User name, password, or User account, including, but not limited to, any and all usage of the Site by other persons under your User name and password. You agree that you will not permit, enable, introduce, or facilitate (i) non-Users having access to or use of the Site or Slut Services in any manner without such individuals first becoming Users and (ii) other Users to use a specific Slut Service at the same time that you are doing so.

5.3. You agree that NightSlut.com is not responsible for any loss that you may incur as a result of any unauthorized person using your User account or password. You agree that NightSlut.com may use information provided by you as described in the Privacy Policy.

6. In using or accessing the Site or Slut Services, you agree to comply with the following:

  • You (as a Slut providing Slut Services) are solely responsible for the content provided and the content on listings created under your User account.
  • You (as a Caller receiving Slut Services) will not record or otherwise store any live or pre-recorded voice Slut Services that you receive through the Site. You (as an Slut providing Slut Services) will not record or otherwise store any calls you conduct with a User. Notwithstanding the foregoing, Slut may provide pre-recorded voice Slut Services (each, a “Recorded Listing” as described further on the Help Page of the Site) to Users in accordance with the Slut Policy.
  • You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this User Agreement and the policies of NightSlut.com, and you will cooperate fully with NightSlut.com to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized NightSlut.com representatives access to any password-protected portions of your User account.
  • You will not violate any laws prohibiting sex trafficking and promotion or facilitation of prostitution. The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity or post links to external websites that engage in such activity, we may delete your account without a refund and take other appropriate action.
  • You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
  • You will conduct all for-fee communications that you have with other Users only through the Site, or site approved services, and you will not circumvent or attempt to circumvent the Site using third-party payment services.
  • You will not use the Site in any manner that harasses another User or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.
  • You will not attempt to gain unauthorized access to any User account information, computer systems or networks associated with the Site.
  • You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
  • You will not “frame,” “mirror,” or otherwise copy any portion of the Site without NightSlut.com's express written authorization.
  • You will continue to provide true, accurate, and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to TalkToMe.com, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
  • You will not use the Site to solicit Users, to promote any product or services other than the information services described in your User listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly,” “lose weight now,” or “make money surfing the Web”).
  • You will not transmit “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of email or forum postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites. See our Anti-Spam Policy for further information.
  • You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests, or games of chance.
  • You will not take any actions which may undermine the affiliate program, or the Talker Review system used to solicit feedback from Users, including without limitation leaving positive feedback for yourself or other Users, using secondary User names or third parties or leaving negative feedback if a User fails to perform some action that is outside the scope of the services described in his or her User listing.
  • You will not create obscene, offensive, tasteless, defamatory, or hateful User names or content for listings. In addition, obscenity and child pornography are prohibited on TalkToMe.com because they violate the laws of the United States and many other countries.
  • You will adhere to all applicable laws and regulations governing your actions in connection with the Site and (as a Slut providing Slut Services) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.
  • You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the User Agreement and NightSlut.com policies
  • 7. Arbitration.

    Any controversy or claim arising out of or relating to this User 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 unappealable. The arbitration shall be conducted in Decatur, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, NightSlut.com, the User 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.
  • 8. Miscellaneous.

    If any provision of this User 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. NightSlut.com's failure to act with respect to a breach by you or others does not waive NightSlut.com's right to act with respect to subsequent or similar breaches. The failure of NightSlut.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This User Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. The parties acknowledge that this User 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 User Agreement. You agree that this User Agreement and the User rules and restrictions and policies contained herein, and NightSlut.com's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and TalkToMe.com. This User Agreement together with the rules and policies of TalkToMe.com constitutes the entire agreement between NightSlut.com and you with respect to the subject matter hereof.