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.