Terms of Service
MEETMOI MEMBER AGREEMENT
BY USING THE MEETMOI SERVICE OR ACCESSING THE MEETMOI WEB SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL RELEVANT MEETMOI POLICIES
- The MEETMOI Service. Provided that you comply at all times with the terms of this MEETMOI Member Agreement ("Terms of Service"), MEETMOI ("MEETMOI") will provide you with an online dating service available on select mobile operators and select devices over the mobile Web and/or as a downloadable application for iPhone and Android devices(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 MEETMOI Web Site (the "Site") or through the MeetMoi NOW downloadable application (the "Application"); 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. Depending on whether you access the Service through an Application or the Site, we provide you different ways to communicate. On some of the mobile carriers offer an alert service that advises you to log into our website to enjoy the full networking experience.
- 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 to 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.
- 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.
- Account Sign-Up/Usage. When you sign up for the MEETMOI 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 MEETMOI of any unauthorized use of your User Name and/or password or any other breach of security. You agree to exit from your account at the end of each Web and mobile phone session and to keep your phone securely in your possession at all times. 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 password with anyone else is a violation of this Agreement, and if at any time MEETMOI learns that you have given others access to your User Name and password, MEETMOI reserves the right to terminate your access to the Service immediately. Usernames and passwords are MEETMOI's property and MEETMOI may alter or replace them at any time. You acknowledge that MEETMOI reserves the right to log off accounts that are inactive for an extended period of time.
- Pricing and Payment. Pricing and Payment differs by carrier. On AT&T, Sprint, T-Mobile, ALLTEL, Verizon Wireless, Boost, Virgin Mobile USA and Nextel, MEETMOI does not charge for registration or the creation of a profile regardless of whether the profile is created on the Web or through SMS or through the Application; however, your wireless carrier may charge you for the transmission or receipt of text messages and data associated with accessing MEETMOI through your web browser and the downloading or transmission of image(s). Prior to a free user upgrading to a paid subscription, MEETMOI will inform you of the cost of a monthly paid subscription. Promotional pricing for the Applications may be available to select users. Any changes to your pricing will be disclosed to you and require your approval prior to you being billed. MEETMOI reserves the right to change this pricing plan at any time. Service on the Site is currently available for Verizon Wireless, AT&T, Nextel, Boost, Sprint, T-Mobile, and ALLTEL customers. The subscription charge will be added to your wireless bill or deducted from your prepaid balance. Subscribers can view their subscription start date and renewal date by going to the "Account" section of their profile. Text STOP to 94810 to cancel, HELP for help.
- Terms of Service, Privacy Policy and Other Policies. Your use of the Service is governed at all times by this MEETMOI Terms of Service, Privacy Policy, as well as any other policies that may be promulgated by MEETMOI. Please review and confirm your agreement to the MEETMOI Terms of Service and Privacy Policy, which are incorporated into this Agreement by this reference. You agree to permit MEETMOI 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. MEETMOI reserves the right to terminate your account immediately, with or without notice to you, and without liability to you, if MEETMOI believes that you have violated this Agreement, any of the Terms of Service or any other MEETMOI policy, furnished MEETMOI with false or misleading information, or interfered with use of the Service by other users. MEETMOI further reserves the right to terminate any accounts that have been inactive for ninety (90) days or longer. MEETMOI 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.
- Unacceptable Conduct. You agree to not use the Service to: (a) 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; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a MEETMOI 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 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. MEETMOI 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. MEETMOI does not actively monitor the use of the Service under normal circumstances. MEETMOI may review registration information to ensure that new members conform to the terms of this Agreement. MEETMOI may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject MEETMOI to liability or may violate this Agreement. MEETMOI 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 MEETMOI from any liability stemming from MEETMOI's cooperation with local, state, and federal law enforcement officials.
- 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 MEETMOI, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify MEETMOI of such change. By posting Content with MEETMOI, you automatically grant, and you represent and warrant that you have the right to grant, to MEETMOI, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license 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 MEETMOI will not infringe or violate the rights of any third party.
- Location Data. When you download and install the Application, you agree to share your location with MEETMOI on a continuous and periodic basis. Your location may be transmitted off of your mobile device when the Application is closed. The location will be used to measure your proximity to other users and cause notifications to be sent to other users notifying them that you are proximate to them. The messaging to other users with whom you are matched may include your (real-time) distance from them as well as your profile and photograph. On the Site, your location may be abstracted from the mobile Web browser when you visit the Site. You may also choose on some phones to enter your location manually in to the Site. MEETMOI will never share your exact location with another user. MEETMOI will also never share your cell phone or email address with another user. Any decision to share your exact location, your cell phone or you email address is your decision and as such you understand and agree that MEETMOI shares no responsibility for your decision to share such data.
- 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, 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 MEETMOI 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 MEETMOI 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 MEETMOI 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 MEETMOI reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. MEETMOI may take any one or more of the following actions, or other actions not listed, at MEETMOI's sole discretion in response to violations of MEETMOI 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.
- Service Maintenance and Monitoring. MEETMOI has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if MEETMOI, 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. MEETMOI 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.
- Termination. You may deactivate your account at any time and for any reason by going to your account settings and selecting the button deactivate. Without prior notice, MEETMOI may terminate this Agreement, your password, your account, or your use of the Services, for any reason, without refund, including, without limitation, if MEETMOI, in its sole discretion, believes you have violated this Agreement, Terms of Service, or any other MEETMOI policies. MEETMOI may or may not provide termination notice to you. MEETMOI, in its sole discretion, may choose to exclude you from the Service either for behavior the Company believes you have engaged in, or behavior the Company believes you might engage in.
- Without prior notice, MEETMOI may terminate this Agreement, your password, your account, or your use of the Services, for any reason, without refund, including, without limitation, if MEETMOI, in its sole discretion, believes you have violated this Agreement, Terms of Service, or any other MEETMOI policies. MEETMOI may provide termination notice to you by: email addressed to your email account.
- Warranty Disclaimer.
Because of situations beyond the control of MEETMOI, MEETMOI 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.
MEETMOI 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 MEETMOI 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 MEETMOI
DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. MATERIAL
POSTED THROUGH THE MEETMOI SERVICE WILL CONTAIN UNEDITED MATERIALS,
SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. MEETMOI
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 MEETMOI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ASSOCIATED WITH 1) MEETING PEOPLE THROUGH THE SERVICE, AND 2) DAMAGES RELATED TO DISCLOSURE OF PERSONAL INFORMATION PUBLISHED THROUGH THE SERVICE OR VIA ANY DERIVATIVE WORKS OR SUBLICENCES. - Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MEETMOI has no control over such sites and resources, you acknowledge and agree that MEETMOI 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 MEETMOI 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.
- Indemnity. You agree to indemnify, defend and hold harmless MEETMOI, 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. MEETMOI 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 MEETMOI’s successors, assigns and licensees.
- Ownership of the Service. MEETMOI owns all right, title, and interest in and to the Service, the Site and all portions thereof. MEETMOI is a trademark of MEETMOI 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 MEETMOI or by any third party.
- 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 MEETMOI. This Agreement, including the MEETMOI Terms of Acceptable Use, the MEETMOI privacy policy, and any and all other online policies promulgated by MEETMOI, constitutes the entire agreement between MEETMOI and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
- Other. MEETMOI 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. MEETMOI 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.
