Terms and Conditions:
Welcome to www.TextDating.ca (the "Website") operated by Wicked Media N.V. This document contains the complete terms and conditions that apply to your access to the Website and use of the Text Dating service (the "Service"). As used in this Agreement, "Company," "we" or "us" refers to Wicked Media N.V. and "you" refers to the person accessing, using the Website or the Service.
TERMS AND CONDITIONS
Please read through these terms and conditions of use carefully before
creating an account or using the Service. Please also read our Privacy
Policy section, which forms part of the Terms and Conditions, regarding
personal information provided by you. We may change these terms from
time to time without notice to you, so please review these terms from
time to time.
By creating an account and/or using the Service, you will be deemed
to have read, understood and agreed to these Terms and Conditions.
If you do not agree to be bound by these Terms,
you may not enter or access the Website, or
utilize the Service. By accessing the Website, creating an account or
using the Service, you affirm that
you have read this Agreement and understand, agree and consent to all
Terms contained herein
For additonal questions regarding the service or terms please contact us via the The Contact Form , Call our service desk at 1-866-434-3251 or Text INFO and/or HELP to 16479316473.
HOW THE SERVICE WORKS
Any person can contact a person whose
profile appears on the Website. Opening an account and creating your
own profile is not required, but it is recommended. When you open an
account on the Website, you will create a profile of yourself that will
be included in the Service database, accessible to other users of the
Service at the Website. When you create your account, a confirming text
will be sent to you by the Company to confirm you have opted into the
Service. You confirm your opt in to the Service by replying "YES"
to that confirming text from the Company. Communication between users
of the Service is done via premium text messaging service. The first
text communication between you and another user of the Service is free
of charge. Commencing with the second text message you receive,
PHONE CARRIER SPENDING CAPS
The carriers in Canada require a so called 'Spending Cap' regarding these text messaging services. The monthly spending caps are as follows:
- Bell Mobile: $100 / month hard cap.
- MTS Allstream: $100 / month hard cap
- Virgin Mobile: $100 / month hard cap.
- Rogers Wireless/Fido: $100 / month soft cap and a $500 hard cap per month.
- Telus/Koodo: $100 / month soft cap and a $500 hard cap per month.
- SaskTel: $100 / month soft cap and a $300 hard cap per month.
- WIND: $500 hard cap per month.
- Videotron: $500 hard cap per month.
* Upon reaching each multiple of the soft cap, the user will be informed and asked to reply with YES in order to continue. Upon reaching the assigned hard cap per month, the user is not permitted to use the service until the beginning of new month.
Each user of the Service who reaches one of the limits above will be 'frozen' until the first day of the
following month. By way of example, a user who is ‘frozen’ on January 10th 2010 will be unfrozen on Feb 1st 2010. The opt-in procedure
will be repeated at that time.
THE OPT-OUT PROCEDURE
It's simple and easy for you to opt-out of (stop using) the Service. Text the word "STOP" to 16479316473 and your phone number will be removed from the Company's database. .
YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and that you
will not permit a person under 18 to use the Service. You represent
that the information provided by you when creating your account and
your profile is materially accurate and is sufficient for us to bill
you for your use of the Service. You are responsible for maintaining
and promptly updating your account information with us for accuracy
and completeness and keeping such information (and any passwords given
to you) secure against unauthorized access. Unless agreed otherwise
or required by applicable law, any warranties provided in relation to
the Service only extend to you on the understanding that you are a non-commercial
user and not a commercial user of the Service. You will use the Service
only for your personal use and will not use the Service in connection
with business, marketing, advertising purpose.
You agree to pay for the Service according the then current pricing
structure, as may be changed from time to time by notice to you in the
Terms and Conditions. You represent and agree that you release
Company, its officers, directors, managers, employees and authorized
agents from and against any legal claims based on the content of any
text message you receive via the Service or any dispute or interaction
between you and any other user of the Service or any person whom you
met through the Service.
CCOMPANY REPRESENTATIONS AND DISCLAIMERS
It is our mission to provide our users
with the finest text dating experience available. We believe in the
efficacy of the Service. You understand, however, that the
Company does not monitor, edit or control text messages sent to you
via the Service, nor can Company verify the accuracy of all information
contained in a user profile. Please use caution and common sense when
communicating with others and before meeting another user face-to-face.
Company cannot prevent your receipt of text messages that may be offensive
or deceptive. If you receive such a text message, or have concerns
over the information in a profile, please request of Company that it
perform a profile review by using the form on this Website.
We do not guarantee that you will have
any specific or particular result or benefit from the Service, or that
your experience will match those of others who use the Service. Individual
results will vary from person to person. Company may from time to time
utilize the services of persons who are compensated to enhance the Service
experience of users and you acknowledge same.
LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE
AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE
LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1)
OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY
OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID,
IF ANY, BY YOU FOR USE OF THE SERVICE AND (2) WE SHALL NOT BE LIABLE
FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
LOST REVENUE, OR ANY OTHER COSTS OR DAMAGES EXCEPT AS EXPRESSLY PROVIDED
HEREIN.
EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS
WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES
AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INDEMNIFICATION
You agree to defend, indemnify, and hold
harmless Company, its officers, directors, shareholders, employees,
independent contractors, telecommunication providers, and agents, from
and against any and all claims, actions, loss, liabilities, expenses,
costs, or demands, including without limitation legal and accounting
fees, for all damages directly, indirectly, and/or consequentially resulting
or allegedly resulting from your use of the Service or inability to
access the Website or Service.
TERMINATION
We reserve the right to terminate your
access to or use of this Website and/or the Service in our sole discretion
should we believe that you have violated any of this Agreement or any
of its Terms or if we believe you have acted inappropriately to another
user of the Service or for any other reason. In the event Company reasonably
suspects that you have engaged in harassing or threatening behavior
towards Company or towards any user of the Service, Company reserves
the right to share your personal information with law enforcement and
you consent to same.
SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the
maximum extent permissible and the other provisions of this Agreement will remain in force.
INTERGRATED AGREEMENT
These Terms and Conditions of Use constitute the entire agreement between you and Company and govern your use of
the Service.
CHOICE OF LAW AND FORUM
This Agreement will be governed by the laws of the Netherlands Antilles. Any dispute arising
from the terms of this agreement or breach of this agreement will be
governed by said laws and you agree to personal jurisdiction by the
courts sitting in Willemstad, Curacao, The Netherlands Antilles. The parties hereby expressly waive
trial by jury in any action, proceeding or counterclaim brought by either
of the parties against the other on any matters whatsoever arising out
of or in any way connected with these Terms and agree to submit to binding
arbitration.