TERMS OF USE FOR LAVALIFE®
This
Agreement is effective September
1, 2009
The
SERVICE is defined as the Lavalife®
Mobile Services, including SpeedFlirts, txt2click, browse2click,
Daily Psychic Reading, Love Calculator, dial#click and Chat Her Up.
Please read the following terms and conditions carefully, as they form
the agreement between us. If you do not agree to these terms and conditions,
you may not use the Service and should not proceed to register. By using the
Service after the Effective Date above you are agreeing to be bound by this
Agreement, including all amendments made to date.
User Agreement - This Agreement constitutes your agreement with
Lavalife Corp. ("Lavalife") with respect to your use of the Service.
You must agree to abide by all of the terms and conditions contained in this
Agreement in order to become or remain an authorized user of the Service. As
used in this Agreement, "we" and "us" means Lavalife or any
successor or assign of Lavalife. This Agreement is separate and apart from any
agreement you may have with your mobile phone service provider. Lavalife cannot
accept any liability with regard to the Service as provided through any third
party mobile phone service provider.
Right
to Use - Your right to use the
Service is subject to any limitations, conditions and restrictions established by
us from time to time, in our sole discretion. We may alter, suspend or
discontinue any aspect of the Service at any time, including the availability
of any Service feature, database or content. We may also impose limits on
certain features and aspects of the Service or restrict your access to parts or
all of the Service without notice or liability. YOU AGREE THAT THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY.
Adult - You represent, warrant and covenant that you are at
least 18 years old.
Code of Conduct - You agree to use the Service in accordance
with the following Code of Conduct:
a)
You will keep all information provided to you through
the Service as private and confidential and will not give such information to
anyone without the permission of the person who provided it to you;
b)
You will not use the Service to engage in any form of
harassment or offensive behaviour, including but not limited to the posting of
communications, pictures or recordings which contain libellous, slanderous,
abusive or defamatory statements, or racist, pornographic, obscene, or
offensive language or images;
c)
You will not use the Service to infringe the privacy
rights, property rights, or any other rights of any person;
d)
You will not post messages, pictures or recordings or
use the Service in any way which violates, plagiarizes or infringes upon the
rights of any third party, including but not limited to any copyright or
privacy or other personal or proprietary rights, or is fraudulent or otherwise
unlawful or violates any law;
e)
You will not use the Service to promote any
solicitation for funds, advertising or solicitation for goods or Service; and
f)
You will not post or transmit in any manner any
contact information including, but not limited to, telephone numbers, postal
addresses, e-mail addresses, web sites, or full names through your publicly
posted information.
Fees and Payments - Fees for the Service will usually be charged to your mobile phone
bill by your carrier and are set by your carrier. The all charges are clearly
indicated in the Billing Terms and will be stated to you prior to your
incurring the charges. The Billing Terms as stated from time to time form part
of this Agreement. Should you have any
concerns or questions we may be reached at 866 388 7141. You may also cancel the Service at any time
by typing in STOP on the Service.
To
Join send CHU1 to 24288 or 33433. Subscription service available for
$9.99/month for 5 credits and $1.99 per additional credit on most carriers
including AT&T, Cellular One, Sprint, Verizon Wireless and Virgin
Mobile and $9.99/month for unlimited credits on Cellular South, Alltel,
T-Mobile and US Cellular, $6.99/month for 3 credits and $1.99 per additional
credit on Boost and Cricket. (1 credit = 1 message)
Billed
directly to your wireless bill or deducted from your prepaid account. You must
be 18+. Message and Data Rates May Apply. Carefully read the opt-in details for
each program for applicable pricing before accepting. All charges will continue
until you stop any of these services at any time by sending a text message with
STOP, END, CANCEL, UNSUBSCRIBE or QUIT to the program's short code. Your phone
must have text messaging capability to use these services. You must be the
owner of this device , device account holder and either be at least eighteen
years old or have the permission of your parent or guardian. Message and Data
Rates May Apply. To contact us, send an e-mail or text message to help@chatherup.com
or call 8663887141 or send HELP to 24288 or 33433.
Description of
program: - Find a new friend
and chat whenever you want! This is an operator chat program where customers
can have instant chat sessions with operators. The operators keep an ongoing
history of all conversations, so the conversation always remain the same with
any operator
Privacy and Use of
Information - By using the Service you have also agreed to our Privacy Statement. You
acknowledge that (a) we cannot ensure the security or privacy of information or
documents you provide through the mobile phone system, and you release us from
any and all liability in connection with the use of such information by other
parties; (b) we are not responsible for, and cannot control, the use by others
of any information which you provide to them and you should use caution in
selecting the personal information you provide to others through the Service;
and (c) we cannot assume any responsibility for the content of messages sent by
other users of the Service, and you release us from any and all liability in
connection with the contents of any communications you may receive from other
users. We cannot guarantee, and assume no responsibility for verifying, the
accuracy of the information provided by other users of the Service.
You may not use the Service for any unlawful purpose.
We may refuse content that impersonates someone else, is protected by
proprietary law, or is vulgar or otherwise offensive, as determined by us in
our sole discretion.
Monitoring of
Information - We reserve the right to monitor all advertisements, public postings and
messages to ensure that they conform to the content guidelines which may be
applicable from time to time.
While we do not and cannot review every message sent
by users of the Service, and are not responsible for any content of these
messages, we reserve the right, but are not obligated, to delete or move
content including without limitation profiles, public postings and messages,
that we, in our sole discretion, deem to violate the Code of Conduct set out
above or any applicable content guidelines, or to be otherwise unacceptable.
You shall remain solely responsible for the content of profiles, public
postings and messages you may record to the Service or send to the users of the
Service.
Termination of
Access to Service - We may, in our sole discretion, terminate or suspend
your access to all or part of the Service at any time, with or without notice,
for any reason, including, without limitation, breach of this Agreement.
Without limiting the generality of the foregoing, any fraudulent, abusive, or
otherwise illegal activity, or that may otherwise affect the enjoyment of the
Service by others may be grounds for termination of your access to all or part
of the Service at our sole discretion, and you may be referred to appropriate
law enforcement agencies.
Proprietary
Information - The Service contains information which is proprietary to us, our
partners, and our users. We assert full copyright protection in the Service.
Information posted by us, our partners or users of the Service may be protected
whether or not it is identified as proprietary to us or to them. You agree not
to modify, copy or distribute any such information in any manner whatsoever
without having first received the express permission of the owner of such
information.
No Responsibility -
You
acknowledge that we are not responsible for suspension of the Service,
regardless of the cause of the interruption or suspension. Any claim against us
shall be limited to the amount you paid, if any, for use of the Service during
the previous 12 months. We may discontinue or change the Service or its
availability to you at any time and you may stop using the Service at any time.
Security - Your account is
private and should not be used by anyone else. You are responsible for all
usage or activity on the Service.
Indemnity - You agree to
indemnify us, our officers, directors, employees and agents, from any loss or
damages, including without limitation reasonable legal fees, which we may
suffer from your activities on or use of the Service, including without
limitation any breach by you of this Agreement or any charges or complaints
made by other parties against you. You shall cooperate as fully as reasonably
required in the defence of any claim. We reserve the right to assume the
exclusive defence and control of any matter otherwise subject to
indemnification by you; provided, however, that you shall remain liable for any
such claim.
No Warranties - The Service is
distributed on an "as is" basis. We do not warrant that this Service
will be uninterrupted or error-free. 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, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose. You
acknowledge that use of the Service is at your own risk. We do not represent or
endorse the accuracy or reliability of any profile, advice, opinion, statement
or other information recorded or distributed through the Service by Lavalife,
our partners or any user of the Service or any other person or entity. YOU
ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE,
STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
Modifications - We may modify this Agreement from time to time.
Notification of changes in this Agreement will be posted on the Service or sent
via electronic mail, as we may determine in our sole discretion. If you do not
agree to any modifications, you should terminate your use of the Service. Your
continued use of the Service now, or following the posting of notice of any
changes in this Agreement, will constitute a binding acceptance by you of this
Agreement, or any subsequent modifications.
Disclosure and Other Communication - We reserve the
right to send you messages through the Service, for the purpose of informing
you of issues, changes or additions to the Service, or of any Lavalife related
products and Service. We reserve the right to disclose information about your
usage of the Service and demographics in forms that do not reveal your personal
identity.
By your use of the Service,
you consent to such disclosures and communications subject to the terms of our Privacy
Statement.
Governing Law - This Agreement is entered into in
Assignment - You do not have the right to assign this Agreement
or any of your rights to the Service to anyone. Lavalife has the right to
assign any or all of its rights and duties under this Agreement or to the
Service to any third party. At the election of Lavalife, if Lavalife's
obligations hereunder are assumed by a third party, Lavalife shall be relieved
of any and all liability under this Agreement.
©
Lavalife Corp., 2009.