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
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 58885.
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, YOU WILL BE BILLED $2.00 CAD FOR EACH TEXT MESSAGE YOU RECEIVE. For the number 78887 YOU WILL BE BILLED $1.50 CAD FOR EACH TEXT MESSAGE YOU SENT.
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. Simply text the word "STOP" to 58885 and your phone number will be removed from the Company’s database. In case you're using the number 78887 text the word STOP to 78887 to be opted out for the service.
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.
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.
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.
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.
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.
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.