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Terms & Conditions

FREE-MOBILE-DATING MEMBER AGREEMENT

BY USING THE FREE-MOBILE-DATING SERVICE OR ACCESSING THE FREE-MOBILE-DATING WEB SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL RELEVANT FREE-MOBILE-DATING POLICIES

  1. The Free-Mobile-Dating Service. Provided that you comply at all times with the terms of this Free-Mobile-Dating Member Agreement ("Terms of Service"), Free-Mobile-Dating ("Free-Mobile-Dating") will provide you with an online dating service (the "Service"). Your right to use the Service is limited in scope, revocable, personal, non-transferable and non-exclusive. The Service consists of the ability to register a profile online at the Free-Mobile-Dating Web Site (the "Site"); have your profile sent to other Members that are geographically proximate to you; and to receive profiles of other Members that are geographically proximate to you. On some of the mobile carriers we work with we offer mobile chat. On other carriers, including Verizon Wireless, we do not offer mobile chat. On Verizon Wireless, we offer an alert service that advises you to log into our website to enjoy the full networking experience.
  2. Acceptable Use. By registering for this service, you agree to become a Member and use this service only for the purpose of finding a date for yourself. This service is not to be used send unsolicited text messages or email or to promote any product or service of any kind. You agree to treat all Members or people you meet through the service in a respectful and lawful manner. If a Member expresses a desire not to hear from you, you agree to honor and respect those wishes. An individual is only allowed to have one account regardless of the number of phones he or she may have.
  3. Requirements to Use the Service. To access the Service, you must have an email address; cell phone that can send and receive text messaging; and access to the World Wide Web. You must be eighteen (18) years of age to use the Service.
  4. Account Sign-Up/Usage. When you sign up for the Free-Mobile-Dating Service at the Site, you will pick a User Name and password in order to complete the registration process. You are responsible for maintaining the confidentiality of your User Name and password, and are fully responsible for all activities that occur under your User Name and/or password. You agree to immediately notify Free-Mobile-Dating of any unauthorized use of your User Name and/or password or any other breach of security, and ( ensure that you exit from your account at the end of each Web and mobile phone session. You may not register twice or use more than one User Name and one password when you access or use the Service. Sharing your User Name and/or password with anyone else is a violation of this Agreement, and if at any time Free-Mobile-Dating learns that you have given others access to your User Name and/or password, Free-Mobile-Dating reserves the right to terminate your access to the Service immediately. Usernames and passwords are Free-Mobile-Dating s property and Free-Mobile-Dating may alter or replace them at any time. You acknowledge that Free-Mobile-Dating reserves the right to log off accounts that are inactive for an extended period of time.
  5. Pricing and Payment. Pricing and Payment differs by carrier. On Verizon Wireless, Free-Mobile-Dating charges $9.99/month for the alert service. There is no transaction billing on Verizon Wireless and no mobile chat. On AT&T, Nextel, Boost, Sprint, T-Mobile, ALLTEL and Dobston, Free-Mobile-Dating does not charge for registration or the creation of a profile regardless of whether the profile is created on the Web or through SMS; however, your wireless carrier may charge you for the transmission or receipt of text messages and data associated with accessing Free-Mobile-Dating through your web browser and the downloading or transmission of image(s). Free-Mobile-Dating charges $9.99/month for unlimited chat messages or $0.99 per initiated chat message. Free-Mobile-Dating reserves the right to change this pricing plan at any time. Service is currently available on Verizon Wireless, AT&T, Nextel, Boost, Sprint, T-Mobile, ALLTEL and Dobson customers.
  6. Terms of Service, Privacy Policy and Other Policies. Your use of the Service is governed at all times by this Free-Mobile-Dating Terms of Service, Privacy Policy, as well as any other policies that may be promulgated by Free-Mobile-Dating. Please review and confirm your agreement to the Free-Mobile-Dating Terms of Service and Privacy Policy, which are incorporated into this Agreement by this reference. You agree to permit Free-Mobile-Dating or its representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. Free-Mobile-Dating reserves the right to terminate your account immediately, with or without notice to you, and without liability to you, if Free-Mobile-Dating believes that you have violated this Agreement, any of the Terms of Service or any other Free-Mobile-Dating policy, furnished Free-Mobile-Dating with false or misleading information, or interfered with use of the Service by other users. Free-Mobile-Dating further reserves the right to terminate any accounts that have been inactive for ninety (90) days or longer. Free-Mobile-Dating may modify, suspend or discontinue the Service at any time, with or without notice, and without liability to you, any other user or any third party.
  7. Unacceptable Conduct. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ( harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Free-Mobile-Dating official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (e) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available; (F) make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose; (h) make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law; (k) "stalk" or otherwise harass another; or (h) collect or store personal data about other users. Free-Mobile-Dating reserves the right to terminate your receipt, transmission or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Free-Mobile-Dating does not actively monitor the use of the Service under normal circumstances. Similarly Free-Mobile-Dating does not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Service. However, Free-Mobile-Dating may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Free-Mobile-Dating to liability or may violate this Agreement. Free-Mobile-Dating intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws. By using the Service or the Site, you release Free-Mobile-Dating from any liability stemming from Free-Mobile-Dating s cooperation with local, state, and federal law enforcement officials.
  8. Content. You are solely responsible for any content, messages, double-blind emails, photos or Portraits ("the Content") that you publish or display on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Free-Mobile-Dating, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Free-Mobile-Dating of such change. By posting Content with Free-Mobile-Dating, you automatically grant, and you represent and warrant that you have the right to grant, to Free-Mobile-Dating, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwidelicense to use, copy, perform, display, reproduce, adapt, modify, crop and distribute such information and Content on the Site, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Free-Mobile-Dating will not infringe or violate the rights of any third party.
  9. Restrictions on Use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, (1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of the Service, the Site or any associated system or network, or to breach security or authentication measures without proper authorization, (3) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding", "spamming", "mail bombing" or "crashing", (4) using the Site or Service to send unsolicited email, including, without limitation, promotions or advertisements for products or services, (5) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, (devil) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Free-Mobile-Dating in providing the Site or Service, (7) using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.), or (8) resell the Service. You further acknowledge that Free-Mobile-Dating may establish general practices and limits concerning excessive use of the Service. Any violation of system or network security may subject you to civil and/or criminal liability. You agree that Free-Mobile-Dating has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Free-Mobile-Dating reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. Free-Mobile-Dating may take any one or more of the following actions, or other actions not listed, at Free-Mobile-Dating s sole discretion in response to violations of Free-Mobile-Dating s policies: (i) issue warnings: written or verbal; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
  10. Service Maintenance and Monitoring. Free-Mobile-Dating has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if Free-Mobile-Dating, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Users or Service Providers. Please see our Privacy Policy [link]. Free-Mobile-Dating may, from time to time, need to interrupt the Service for maintenance and other operational reasons, and you shall not receive any compensation or refund for such interruptions.
  11. Termination. You may deactivate your account at any time and for any reason by going to your account settings and selecting the button deactivate.
  12. Without prior notice, Free-Mobile-Dating may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Free-Mobile-Dating, in its sole discretion, believes you have violated this Agreement, Terms of Service, or any other Free-Mobile-Dating policies. Free-Mobile-Dating may provide termination notice to you by: email addressed to your email account.
  13. Warranty Disclaimer. Because of situations beyond the control of Free-Mobile-Dating, Free-Mobile-Dating cannot guarantee that its service will be available to you or that messages which are intended to be sent and delivered are sent and/or delivered. Free-Mobile-Dating does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept liability for any of your actions while using Service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY PERSON YOU MAY MEET OR EXCHANGE INFORMATION WITH IS DONE AT YOUR OWN RISK AND THAT FREE-MOBILE-DATING MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN EXCHANGING DATA WITH STRANGERS AND MEETING STRANGERS AND YOU FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND THE RISKS ASSOCIATED WITH MEETING PEOPLE OVER THE INTERNET OR THROUGH YOUR CELL PHONE AND THROUGH INTERNET DATING GENERALLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND FREE-MOBILE-DATING DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. MATERIAL POSTED THROUGH THE FREE-MOBILE-DATING SERVICE WILL CONTAIN UNEDITED MATERIALS, SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. FREE-MOBILE-DATING HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREE-MOBILE-DATING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ASSOCIATED WITH MEETING PEOPLE THROUGH THE SERVICE.
  14. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Free-Mobile-Dating has no control over such sites and resources, you acknowledge and agree that Free-Mobile-Dating is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Free-Mobile-Dating 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 site or resource.
  15. Indemnity. You agree to indemnify, defend and hold harmless Free-Mobile-Dating, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of the Service, your violation of the Terms of Acceptable Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Free-Mobile-Dating will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. This Agreement will inure to the benefit of Free-Mobile-Dating s successors, assigns and licensees.
  16. Ownership of the Service. Free-Mobile-Dating owns all right, title, and interest in and to the Service, the Site and all portions thereof. Free-Mobile-Dating is a trademark of Free-Mobile-Dating LLC. Nothing provided by the Service or contained on the Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Free-Mobile-Dating or by any third party.
  17. General Terms. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to its rules regarding conflicts of law. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in this Agreement to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by Free-Mobile-Dating. This Agreement, including the Free-Mobile-Dating Terms of Acceptable Use, the Free-Mobile-Dating privacy policy, and any and all other online policies promulgated by Free-Mobile-Dating, constitutes the entire agreement between Free-Mobile-Dating and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
  18. Other. FREE-MOBILE-DATING MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: REVISE THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ONLINE POLICY SUCH AS THE TERMS OF SERVICE); (B) REVISE ITS BILLING RATES AND OTHER FEES; AND (C) MODIFY THE SERVICE AT ANY TIME. FREE-MOBILE-DATING WILL POST ANY SUCH REVISION OR MODIFICATION TO THE SITE, AND THE REVISION OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU AGREE TO REVIEW THIS AGREEMENT AND THE ONLINE POLICIES AS POSTED ON THE SITE PERIODICALLY TO BE AWARE OF ANY REVISIONS. YOU AGREE THAT, BY CONTINUING TO USE SERVICE FOLLOWING NOTICE OF ANY REVISION, YOU AGREE TO ABIDE BY ANY SUCH REVISION. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND TERMINATE YOUR ACCOUNT.

 

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