Terms of Service
This is a legal agreement between you and Dirty Talk Hotline and hereinafter referred to as “Dirty Talk Hotline”, read what you are agreeing to.
If Dirty Talk Hotline accepts your age verification, you will become a “User“ or “Dirty Talker” having additional access to the Site and related services only under the policies, terms, and conditions below. To make it easier, we will refer to the Dirty Talk Hotline website, email (any email you send from your email account to Dirty Talker), phone services (including services available through numbers that Dirty Talk Hotline maintains for access by Users to Dirty Talkers), Services (text interactions you send from your email account to a Dirty Talker, digital photographs, and audiovisual materials), and any content therein provided by Dirty Talk Hotline as the “Site.” We will refer to any information, entertainment services, and other products or services you may receive from a performer (in their role as Dirty Talkers) on the Site as “Dirty Talker Services.” Users who solicit or receive Dirty Talker Services from Dirty Talkers will be referred to as “Users.” Performers who provide Dirty Talker Services will be referred to as “Dirty Talkers.” In addition, Dirty Talkers may sell to Users-as part of the Site- written text, digital photographs, and audiovisual materials, which will be referred to as “Content”.
The policies, terms, and conditions below limit Dirty Talk Hotline’s liability and obligations to you and allow Dirty Talk Hotline to change, suspend or terminate access to and use of the Site and Dirty Talker Services. The Privacy Policy, and Dirty Talk Hotline Rules, are incorporated into the Terms of Service and provide additional terms and information. The Terms of Service, Privacy Policy, and Dirty Talk Hotline Rules, collectively make up the “Dirty Talk Hotline Users and Dirty Talkers Agreement” that governs a user’s access to and use of Dirty Talk Hotline.
By directing your browser to the Site as a User or Dirty Talker or visitor, or otherwise accessing the pages of the Site, you accept and agree to these Terms of Service.
Dirty Talk Hotline may modify these Terms of Service, or suspend or terminate your use of the Site, at any time without notice to you. If any modification to the Terms of Service is not acceptable to you, your only recourse is to cease using the Site and Dirty Talker Services. This includes, but is not limited to, commission and connection fee changes. By continuing to use the Site or any Dirty Talker Services following any posting of a new Terms of Service or policies on the Site, you accept and agree to be bound by the new Terms of Service or policies.
1. Limited Site Eligibility.
(a) You must be at least eighteen (18) years of age to use the Site and Dirty Talker Services. By using the Site you agree that you are at least eighteen (18) years old, and otherwise have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms of this Agreement. You understand that Dirty Talk Hotline is an adult service and you must have a legal right to access adult material and are voluntarily choosing to use this Site. You further represent that you are not required to register as a sex offender with any government entity. Dirty Talk Hotline does not conduct criminal background checks on or screenings of its users but reserves the right to conduct any criminal background check or screening at any time. You shall not use the Dirty Talker Services, or any other portion of this Site in any manner which is illegal under the law applying to you, nor shall you request, offer, agree to, or engage in any activity involving criminal activity.
(b) Using the Site may be prohibited or restricted in certain countries. If you use the Site outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site and Dirty Talker Services. You shall not use the Site or become a User or Dirty Talker if you are located or reside in a country (i) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (ii) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Belarus, Myanmar (Burma), Cuba, Iran, Iraq, Russia, North Korea, Sudan, and Syria.
In addition, Dirty Talk Hotline does not allow organizations, businesses, or individuals on the Specially Designated Nationals list (SDN) to use the Site.
(c) Your conduct is for your sole, personal use and you are solely responsible for all use made of the Site and Dirty Talker Services as a User or Dirty Talker. You agree to maintain confidentiality. You agree to pay for all Dirty Talker Services purchased as a User.
(d) Dirty Talk Hotline shall own all rights, titles, and interests in Dirty Talker Services and the Site. No copyrights, patent rights, trademarks, or licenses are conferred herein by Dirty Talk Hotline, either expressly or by implication. You understand and agree that (i) you will have no right, title, or interest to any of the toll-free numbers, phone numbers, or extension numbers assigned to you (ii) that Dirty Talk Hotline may change your toll-free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) you will have no right, title, and interest to any User or Dirty Talker pseudonym in connection with Dirty Talk Hotline Services and (iv) that phone numbers, toll-free numbers, extensions, and Users and Dirty Talkers pseudonyms may be recycled by Dirty Talk Hotline to other users of Dirty Talk Hotline Services if you are not actively using them or your agreement has been terminated. Further, you hereby grant to Dirty Talk Hotline the right to use, copy, distribute, display, or reference any Content from your use of the Site, including without limitation, your pseudonym, tags, descriptions, photos, Profiles, phone numbers, and extensions. Dirty Talk Hotline will not distribute, share or display your Content on any third-party without your written and explicit consent.
(e) Dirty Talk Hotline 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. Without limiting other remedies, Dirty Talk Hotline 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, Dirty Talk Hotline may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Dirty Talk Hotline suspects that you have failed to comply with any provision of this Terms of Service or any policies or rules established by Dirty Talk Hotline; (ii) if Dirty Talk Hotline is unable to verify or authenticate any payment information you provide to Dirty Talk Hotline; or (iii) if Dirty Talk Hotline suspects that your actions may be illegal or cause liability, harm or disruption for you, other Users and Dirty Talkers, Dirty Talk Hotline or the Site.
(f) Dirty Talk Hotline may charge a Maintenance Fee of two dollars ($2.00) per month for all Users with a positive balance. However, if the Users purchases Dirty Talker Services, then for a period of twelve (12) months from the date of such use, Dirty Talk Hotline may waive the Maintenance Fee for all active Users.
(g) You may cancel your use of the Site at any time by emailing us. Any suspension, termination, or cancellation will not affect your obligation to pay any amounts due to Dirty Talk Hotline.
2. Actions & Content Responsibility.
(a) You represent and warrant that all information that you submit upon verification is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false. Further, Dirty Talkers agree to provide true, accurate, and complete payment information and contact information and will promptly update your information when applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(b) You use or provide Dirty Talker Services, and consult with Dirty Talkers, at your own risk. As a Dirty Talker you will only Provide Dirty Talker Services to Users and you will not take or answer calls (and agree to terminate such call and report the incident to Dirty Talk Hotline by emailing us) if you know or have reason to believe that the individual on the call is a non-User or there is more than one person on the call. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Dirty Talker Services. Users who initiate, receive and/or discontinue use of the Dirty Talker Services do so entirely at their own risk, and Dirty Talk Hotline bears no responsibility in this regard. However, Dirty Talk Hotline reserves the right to contact Dirty Talkers and review activities without revealing their identity, in order to evaluate compliance with the rules and policies set forth in this Terms of Service and to take other action as set forth in the Privacy Policy. Review and understand the Privacy Policy.
(c) Dirty Talk Hotline does not evaluate, provide, produce, or control the Dirty Talker Services, or information or exchanges between Users and Dirty Talkers, in any manner. Dirty Talk Hotline 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 or Dirty Talker. Further, Dirty Talk Hotline does not make editorial or managerial decisions concerning content, sexually explicit or otherwise, except that Dirty Talk Hotline reserves its right to act as specified in Section 512 of Title 17 and Section 230(c)(2)(A) of Title 47 of the United States Code and to determine at any time, in its sole discretion, whether and to what extent to do so. Nor will Dirty Talk Hotline be held responsible for any Dirty Talker’s failure to comply with laws or regulations concerning activity on the Site. Instead, Dirty Talk Hotline acts as a technology service that allows Users and Dirty Talkers to share information, entertainment services, or other products or services among themselves. Dirty Talk Hotline does not provide real-time video services. Although Dirty Talk Hotline helps its Users and Dirty Talkers connect with each other, it does not monitor the information exchanged, and, as a result, Dirty Talk Hotline does not control, nor is responsible for, the accuracy, safety, quality, appropriateness, legality, or applicability of anything said or written by Users or Dirty Talkers, including without limitation any information contained in Dirty Talker profiles or made available through this Site. The Site is not intended for use as a payment service to exchange physical goods. Dirty Talk Hotline is not responsible for use or exchange of any information, files or goods between Users and Dirty Talkers. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Site and Dirty Talker Services, in evaluating the qualifications of, and statements made by, Dirty Talkers in profiles or through the Users and Dirty Talkers feedback system, and in disclosing personal information to Users or Dirty Talkers.
(d) By posting and uploading Content as part of your Dirty Talker Services, you expressly promise, assure, and warrant to Dirty Talk Hotline that you have all legally required intellectual property rights (including any necessary copyright clearances, trademark licenses, and publicity and privacy releases) and maintain all records (as required by Sections 2257/2257A of Title 18 of the US Code) necessary for you to post or sell all Content which you upload, advertise, place for sale, or otherwise market through the Site; and you further warrant to Dirty Talk Hotline (notwithstanding any limitation of warranty as to your ultimate purchasers) that any such Content is merchantable and lawful for you to sell to each of your ultimate purchasers. Further, you agree that none of the Content which you upload, advertise, place for sale, or otherwise market through the Site will depict any children or will depict any adults who have not consented to the acts in which they are engaging or who have not consented to the dissemination of their images and likenesses in the form depicted. Upon request, you must provide to Dirty Talk Hotline written consent for the public distribution and download of the Content from all parties depicted and a copy of a valid government issued identification of all performers (as required by Sections 2257/2257A of Title 18 of the US Code).
You will not violate any applicable laws or government regulations in connection with your use of the Site; and as a Dirty Talker providing Dirty Talker Services you will not fail to create and maintain records, label your content, and permit inspections as required by law (e.g. 18 U.S.C. §§ 2257, 2257A; 28 C.F.R. Part 75), and you will not fail to provide the Site with true and complete information in connection with your compliance, including information about the records custodian and maintenance address required on labels by law upon request (18 U.S.C. §§ 2257(e), 2257A(e); 28 C.F.R. § 75.6).
With respect to Content that you sell through the Site, you retain your pre-existing intellectual property and other rights therein, granting to the Site only such limited and non-exclusive rights and licenses reasonably necessary to permit and effectuate your sale of those items and Dirty Talk Hotline’s general advertising and promotion of the Site, except as may otherwise be specifically authorized in a separate written agreement.
(e) You are solely responsible for your interactions with Users and for the content and information that you post or otherwise make available on the Site and through Dirty Talkers Services, whether publicly posted or privately transmitted. You may not post or transmit content that can be considered offensive, harassing, or illegal content, or any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). Dirty Talk Hotline reserves the right to determine, at its sole discretion, what constitutes offensive or harassing, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. Dirty Talk Hotline may enlist the help of Users or Dirty Talkers to flag content to help determine if a user’s activities are harmful to the community.
There may be links to websites other than Dirty Talk Hotline posted on the Site. Dirty Talk Hotline neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Advertisements created by Dirty Talkers for the Site may not contain content that is not permitted by the Site.
(f) You are solely responsible for and will exercise caution, discretion, common sense, and good judgment in using the Site and Dirty Talker Services and in disclosing personal information to and from Users. Dirty Talk Hotline does not permit users to disclose contact information to Users or Dirty Talkers. Dirty Talk Hotline considers contact information to be any information that would allow a person to reach you such as, but not limited to, phone number, email address, usernames for other services, or physical address. In addition, it is not permitted to provide Users or Dirty Talkers with information, such as links to third-party services, to circumvent or attempt to circumvent the Site’s payment system. If you do, you do so at your own risk and risk the termination of your use of Dirty Talk Hotline. Dirty Talk Hotline does not permit Users or Dirty Talkers to use the Site or Dirty Talker Services to solicit Users or Dirty Talkers to meet with them in person. While Dirty Talk Hotline reserves the right to review interactions between Users and Dirty Talkers, Dirty Talk Hotline assumes no responsibility for policing its Users or Dirty Talkers in any way. If you ever believe that a User or Dirty Talker has violated the law or is defrauding, threatening, or endangering anyone, contact the police directly for help.
(g) The Site is for entertainment purposes only. If you have a dispute with a User or Dirty Talker, or suffer any harm arising out of or connected with any Dirty Talker Services, you hereby waive all claims against and release Dirty Talk Hotline (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers, 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 Dirty Talker Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
3. Content Use Rights.
Dirty Talk Hotline prohibits the unauthorized use of copyrighted materials or trademarks and the use of content where the member has not obtained appropriate consent from all relevant parties.
You shall not use the Site and Dirty Talker Services to transmit, route, or provide connections to or store any material that infringes copyrighted works, trademarks, publicity or privacy rights, or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Further, you shall not use the Site and Dirty Talker Services to transmit, route, provide connections to or store any material where you have not obtained the proper written consent of all parties or that you do not maintain proper records as required by Sections 2257/2257A of Title 18 of the US Code. You must be able to supply, when requested, written consent for the public distribution and download of the Content from all parties depicted and a copy of a valid government issued identification of all performers when required by Sections 2257/2257A of Title 18 of the US Code.
Dirty Talk Hotline has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances, of Users or Dirty Talkers who repeatedly infringe or are believed to be infringing the rights of copyright holders.
Dirty Talk Hotline Copyright Policy:
If you believe that your work has been copied in a way that constitutes copyright infringement, email us with the following information required under 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dirty Talk Hotline to locate the material;
(d) Information reasonably sufficient to permit Dirty Talk Hotline to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of notice as described above, Dirty Talk Hotline will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the User or Dirty Talker’s use of the Site.
If you believe that your federally registered trademark is being used by a Dirty Talker in a way that constitutes trademark infringement, email us with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
(b) Information reasonably sufficient to permit Dirty Talk Hotline to contact the registered trademark owner or its authorized agent, including a name, address, telephone number, and, if available, an email address;
(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
(d) Information reasonably sufficient to permit Dirty Talk Hotline to identify the use being challenged by the registered trademark owner;
(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.
Upon receipt of notice as described above, Dirty Talk Hotline will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Dirty Talker in question, if, in Dirty Talk Hotline’s sole discretion, Dirty Talk Hotline concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration, unless, prior to such removal, the Dirty Talker in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question.
Notwithstanding the foregoing, Dirty Talk Hotline will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
If you believe content in which you are depicted in but do not consent to being accessible on the Site or available for download by Users, is available on the Site email us with the following information:
(a) A physical or electronic signature of the person depicted in the content who is requesting it be removed from the Site.
(b) Identification of the content in question and information reasonably sufficient to permit Dirty Talk Hotline to locate the content;
(c) Information reasonably sufficient to permit Dirty Talk Hotline to contact the person depicted in the content requesting the removal, including a name, address, telephone number and email address;
(d) Information reasonably sufficient to permit Dirty Talk Hotline to verify the complaining party is depicted in the content in question;
(e) A statement that the complaining party has a good-faith belief that use of the content on the Site is not authorized by one or more of the parties depicted in the content;
(f) A statement that, under penalty of perjury, that the complaining party is authorized to act on behalf of the person depicted in the content.
For notice of claims of revoked consent of content on this Site, email us.
Upon receipt of notice as described above, Dirty Talk Hotline will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site, and/or termination of the User or Dirty Talker’s use of the Site.
4. Dirty Talker Payment Obligations.
(a) By utilizing Dirty Talker Services you may earn money that can be paid to you. The User who initiates a transaction is solely responsible for payment of any and all fees for the transaction. Dirty Talk Hotline shall not be obligated to pay any fees for which Dirty Talk Hotline has not been fully paid by the Users. You hereby authorize Dirty Talk Hotline to collect payments from Users on your behalf for any and all transactions that you conduct. Dirty Talk Hotline will credit to account the fees collected less Dirty Talk Hotline’s commissions and connection charges, any tax withholdings required by law, and any refunds, discounts, chargebacks, and chargeback fees payable by Dirty Talk Hotline (the “Net Fees”).
(b) Dirty Talk Hotline acts only as an interface to facilitate communications initiated between Users and Dirty Talkers. As a Dirty Talker, you are not an employee, or agent of Dirty Talk Hotline, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Dirty Talker Services, and for reporting and payment of all taxes associated with fees transferred to you by Dirty Talk Hotline.
(c) As a Dirty Talker providing Dirty Talker Services you may charge a fee for interactions with Users. Dirty Talk Hotline may retain a connection charge for Live Calls and Live Video Calls and will retain a commission which will be a percentage of the price chosen by the Dirty Talker for Dirty Talker Services. Dirty Talk Hotline will distribute earnings to you from your account in US dollar denominations by either CashApp, Venmo, paper check, or ACH direct deposits, as designated by you and may charge a fee for these distributions. See Dirty Talker Payout. Dirty Talk Hotline reserves the right to change these commissions and fees.
(d) Dirty Talk Hotline reserves the right to restrict payment to a Dirty Talker for any reason and in its sole discretion. Further, Dirty Talk Hotline reserves the right to withhold issuing payment for your fees without notice on any transaction which in our sole discretion suggests that the Dirty Talker’s bank may not fulfill his or her payment obligation. Dirty Talk Hotline reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure the integrity of the funds.
5. Notices & Disclaimers.
(a) The Site and any Dirty Talker Services obtained through the Site are provided “AS IS” with no warranty of any kind. Dirty Talk Hotline expressly disclaims all warranties, express or implied, regarding the Site, Dirty Talker Services, and all communications between Users and Dirty Talkers made through the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, Dirty Talk Hotline makes no representation or warranty that the operation of the Site will be error-free.
(b) The contents of this website are protected by copyright and may not be copied or otherwise reproduced without Dirty Talk Hotline’s written permission except as expressly set forth above. You may not publish, or create derivative works from the contents of this website for any public or commercial purposes. Dirty Talk Hotline owns and retains all rights in or to certain trademarks, trade names, service marks, logos, and/or slogans, whether now existing or hereafter created, whether now existing, or hereafter created, including but not limited to Dirty Talk Hotline.
(c) Under no circumstances will Dirty Talk Hotline be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Dirty Talker Services, whether or not Dirty Talk Hotline has been advised of the possibility of such damages. Without limiting the generality of the foregoing, Dirty Talk Hotline and its suppliers’ aggregate liability to you arising with respect to this agreement will not exceed the greater of (a) the total fees actually earned by Dirty Talk Hotline from you (after payments to Dirty Talkers and other third parties) in the previous twelve (12) month, and (b) one hundred dollars ($100). Dirty Talk Hotline will not be liable for the consequences of any interruptions or errors.
(d) You further agree to hold harmless, defend and indemnify Dirty Talk Hotline, and its employees, subsidiaries, agents, and representatives, from and against any liability arising from or in any way related to your use of the Site or provision of Dirty Talker Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed. In each case, Dirty Talk Hotline will provide you with written notice of such claim, suit, or action. Dirty Talk Hotline shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
6. Arbitration.
Any controversy or claim arising out of or relating to these Terms of Service, 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 Boston, Massachusetts, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Dirty Talk Hotline, the User or Dirty Talker 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.
7. Survivability.
If any provision of these Terms of Service is held to be invalid or unenforceable, the 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. Dirty Talk Hotline’s failure to act with respect to a breach by you or others does not waive Dirty Talk Hotline’s right to act with respect to subsequent or similar breaches. The failure of Dirty Talk Hotline to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Massachusetts. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in these Terms of Service.
If you have any questions email us.