These TERMS AND CONDITIONS (“Terms”) govern your use of the content and material which is located via the TextDater iPhone “App”.
Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Service immediately.
“TextDater” means TextDater Limited, a company registered in England with company number 9202990, whose principal office is at 81 Burke Close, London, SW15 5RS. TextDater can be contacted by email using firstname.lastname@example.org;
“App” means the TextDater mobile application;
“Content” means any content, emails, messages, photos or Profiles submitted or sent by Users to TextDater or its employees or its agents, through their Use of the Service;
“Profile” means the information held by TextDater about a User, such information having been submitted by the user;
“Service” means the App owned and managed by TextDater;
“Subscriber” means anyone who has registered their email on the website or a ‘user’ of the app;
“Terms” means the terms and conditions set out herein;
“Use” means registering and updating Profiles, looking at the Profiles of other Users, contacting other Users, TextDater or its employees;
“User” means any person who registers their details on the app;
“Website” means the website www.TextDater.mobi
Registration and Subscription
- You must be seventeen (17) years old or over to Use the Service.
- By Using the Service you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
- The Service is provided for the personal Use of individual members only and you may not Use the Service for any commercial purposes.
- By registering with the Service you warrant that you have not been convicted of or currently charged with any offence (or are subject to any court order, police investigation, formal caution or similar) specifically relating to fraud, assault, violence, sexual misconduct or harassment.
- It shall be at TextDater’s sole discretion whether to accept any Content, including Profiles and Photos. In the event that any Content is not accepted by us, we may contact you to explain the reasons for this, but shall be under no obligation to do so.
Use of the Service
- You shall only Use the Service for the purpose of facilitating online introductions and conversations.
- You shall comply with all U.K., U.S., foreign and local laws and regulations which apply to your Use of the Service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
- In the event that TextDater, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Service including, without limitation, submitting an inappropriate Profile, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to, the Service or sending abusive, offensive, harassing, rude or threatening communications to TextDater, to TextDater users, to TextDater agents and or to TextDater employees, TextDater reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Service in accordance with clauses 12 and 22; in the case of illegal Use, instigating legal proceedings, and in the case of submitting an inappropriate Profile, disabling such Profile without any notice to you.
- You are solely responsible for any Content that you publish or display on the Service or that you transmit to other Users. Please remember that TextDater is a public app and therefore profiles & photos may be available publicly. See clause 13.
- You must not provide any false information in respect of your name, age, build, height, marital status, date of birth, phone number, postcode or location to TextDater. In the event that TextDater has reason to suspect that you have provided false information, TextDater reserves the right to terminate your Use of the Service and/or disable your Profile without notice.
- You must not include in your Profile any overtly offensive or illegal content regarding to race, sexism, or religion.
- In the event that TextDater, in its sole discretion, considers that any Content violates these Terms or is offensive or illegal, or considers that any Content or your actions or behaviour (whether in relation to the Service or otherwise) has the potential to violate the rights of, harm or threaten the safety of others, TextDater reserves the right to take any action that it deems necessary, including, but not limited to, disabling your Profile, deleting Content, restricting the number of messages that you can send to other Users or terminating your Use of the Service. Some examples of the types of Content that violates these Terms are any Content that:
- expresses or implies that any statements made by you are endorsed by TextDater;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;
- promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
- provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses;
- contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
- solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
- involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”
- promotes information that you know to be false or misleading;
- contains inappropriate Profile e.g. names or contact details;
- engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of TextDater.
- By publishing or displaying any Content on any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TextDater an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by TextDater and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988 and any similar or corresponding foreign rights.
- You are solely responsible for your interactions with other Users. TextDater reserves the right, but has no obligation, to monitor any dispute between you and another User.
- TextDater will operate the Service with the reasonable skill and care of an online service provider.
- TextDater will use reasonable endeavours to maintain the operation of the Service, however it may be necessary to temporarily suspend the Service for operational reasons, including but not limited to repairs, planned maintenance or upgrades, emergency configuration due to security issues. TextDater will use reasonable endeavours to restore the Service as soon as possible after any suspension. TextDater shall not be liable to you for any such suspension.
- TextDater reserves the right to make changes to the Service from time to time, provided that such changes have no material adverse effect on the quality of the service provided to Users.
- In the process of answering queries, the customer service team may access user messages and other profile details in order to investigate and solve issues. User consent for this is given by way of agreeing to the terms & conditions.
Term and Termination
- These Terms will remain in full force and effect while you are a User of the Service.
- We may suspend or terminate your registration at any time:
Immediately without notice if in our reasonable opinion you have committed a serious breach of this Agreement or any User Content published or sent by you or your continued membership is or might be damaging to our business or to other Users;
Following suspension or termination of your registration, you must not attempt to re-register as a Member or to use our Services unless we notify you that any suspension has been lifted.
- The intellectual property (copyright, trademarks, patents, design rights etc) associated with the functionality and design of the Service is either owned by or licensed to TextDater. The intellectual property (copyright, trademarks, patents, design rights etc) associated with the Content is either owned by or licensed to TextDater or owned by a User.
- You are expressly prohibited from:
(i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service;
(ii) removing, modifying, altering or using any registered or unregistered marks/logos owned by TextDater, including but not limited to the mark “TextDater™” and
doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Service or could be considered an infringement any of the intellectual property rights owned and/or licensed to TextDater without first obtaining the written permission of the owner of the intellectual property.
- The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by TextDater and, to the maximum extent permitted by law, TextDater shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Service.
- TextDater are not responsible for the conduct of Users either online or offline. Please use caution and common sense when using the Service and if you decide to meet another user offline. We do not provide a safety guideline but it is advised you seek one out online or at the very least inform friends/family where you will be meeting somebody if you decide to do this.
- The Service may contain errors and, from time to time, may not be accessible by Users. The information provided on the Service by TextDater is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
Warranties, Liabilities and Indemnity
- TextDater cannot guarantee and do not promise any specific results from Use of the Service. To the maximum extent permitted by law, TextDater expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Service, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise.
- To the maximum extent permitted by law, TextDater expressly excludes:
- all conditions, warranties and other terms whether express or otherwise implied by statute or common law;
- any liability for indirect or consequential loss which are losses that are incurred as a side effect of the main loss or damage;
- loss of profit and business;
- loss of income or revenue;
- loss of goodwill and reputation;
- loss of romantic prospects;
- loss of friendship prospects;
- loss of expectation;
- loss of opportunity;
- loss of use;
- loss of information and data;
- loss arising out of or in connection with wasted management or personal time; any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any claims for direct financial loss that are not excluded by any of the categories set out above.
- Nothing in these Terms shall serve to limit or exclude you and TextDater’s liability for death or personal injury resulting from your or TextDater’s negligence or any liability for fraudulent misrepresentation.
- In the event that you have a claim or right of action against any other User arising from that User’s Use of the Service, you agree to pursue such claim or action independently of and without any demands from TextDater, and you release TextDater from all claims, liability and damages arising from or in any way connected to such claim or action.
- In the event that a claim or action is brought against TextDater arising from your activities or Use of the Service, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend TextDater in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow TextDater to assume the exclusive defence and control of the matter.
- TextDater is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Service.
- TextDater is the data controller of your data submitted using the Service. TextDater is registered under the Data Protection Act 1998 (DPA) and TextDater complies with the DPA in all our dealings with your personal data.
- When Using the Service, you hereby consent to TextDater processing your personal data to the extent necessary to facilitate online introductions and to enable TextDater to operate the Service for the purposes for which it is reasonably intended to be operated. For the avoidance of doubt, you hereby expressly give your consent to TextDater processing data provided by you in respect of your sexual orientation.
Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of England.
- You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.
Rights of Third Parties
- These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
- You may print and keep a copy of these Terms, which form the entire agreement between you and TextDater and supersede any other communications or advertising with respect to the Service.
- Failure by TextDater to enforce these Terms does not constitute a waiver of such right.
- If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
- TextDater shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of TextDater. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.