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100hookup Mobile™ Terms and Conditions of Service
In the event that you provide 100hookup® with a mobile phone number and consent to using 100hookup Mobile™ and its associated services, the following additional terms and conditions will apply to your use of 100hookup:
1. 100hookup MOBILE
100hookup Mobile is a small software module that, through the use of various services (including without limitation, SMS, email and other data services), appears on your mobile device and provides you with access to a variety of content and services.
You must ensure that your access to 100hookup Mobile is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.
You must take your own precautions to ensure that the process which you employ for accessing 100hookup Mobile does not expose you to the risk of viruses, malicious computer codes or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own mobile device which arises in connection with your use of 100hookup Mobile.
To access and use 100hookup Mobile, you must be the bill payer or owner of the mobile device or account from which 100hookup Mobile is used, or have the consent of the bill payer or owner to access and use 100hookup Mobile.
Other than as set forth in these Terms and Conditions, we will not charge you for accessing 100hookup Mobile. However, standard text messaging and data rates may apply. You need to contact your mobile carrier for details about these charges.
2. YOUR OBLIGATIONS
You represent, warrant and covenant that:
you will not disclose any information provided to you through 100hookup Mobile to anyone without the prior permission of the person who provided it to you;
you will not use 100hookup Mobile to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libellous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights);
you will not transmit "spam," chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
you will not use 100hookup Mobile for any unauthorized commercial purposes;
you will not solicit or attempt to solicit any money from any member or other user of 100hookup Mobile;
you will not use 100hookup Mobile to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
you will not harass others by continuing to attempt to communicate with someone who has asked you to cease communications;
you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; and
you will not post or transmit in any manner any other person's contact information including without limitation, email addresses, phone numbers, postal addresses, URLs, or full names through your publicly posted information.
3. SUPPORT AND UPDATES
We are not obliged to offer any technical or maintenance support for 100hookup Mobile. We may offer upgrades or updates to 100hookup Mobile at our sole discretion. We may change, suspend, or discontinue any aspect of 100hookup Mobile at any time without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of 100hookup Mobile without notice or liability.
4.1 Accurate information
You represent, warrant and undertake that the information that you supply to us and in your use of 100hookup Mobile is accurate in all respects, not in breach of these Terms and Conditions and not harmful to any person in any way.
4.2 Information not confidential
4.3 Information available overseas
You consent to the transfer of information provided by you (including personal information other than your full name, email address, residential address or phone numbers) to members residing in countries other than your country of residence.
4.4 Monitor information
We reserve the right to monitor all profiles, messages, chats, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms and Conditions. To ensure that we provide the highest level of service and the safest online environment to our customers, we may engage one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your computer or other device by which you connect to our websites. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even though no personal data is collected, we ensure that any third parties with which we contract for security services observe the highest data protection and privacy standards.
4.5 Editing information
While we do not and cannot review every message or other material posted or sent by users of 100hookup and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms and Conditions or to be otherwise unacceptable.
4.6 Security of information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
5. THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES
You are responsible for all third party software, hardware, and services used in connection with 100hookup Mobile including your mobile device. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with 100hookup Mobile is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
The functionality of 100hookup Mobile is dependant upon you having a suitable network connection, mobile device and the settings you have selected (for example, how frequently the content available from 100hookup Mobile is refreshed). In any case, you should not rely upon the information, content or services you obtain or utilize using 100hookup Mobile as we do not guarantee that such information, content or services is accurate, complete or up to date.
The following list of carriers is supported by 100hookup Mobile: Alltel, AT&T Wireless, Boost, Cellcom, Cincinnati Bell, Cricket, Nextel, nTelos, Sprint. T-Mobile, Verizon Wireless, and Virgin.
Responsibility for the content of advertisements (if any) appearing on 100hookup Mobile (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by us. Each advertiser is solely responsible for any representation made in connection with its advertisement.
7. INTELLECTUAL PROPERTY OWNERSHIP
7.1 Copyright assigned
You agree that all copyright which subsists in any material or information provided by you to us is assigned to us. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.
Notwithstanding the foregoing, you hereby grant to us a perpetual, royalty-free, irrevocable, world-wide, non-exclusive license to use, amend, crop, adapt, modify and exploit any such material for any purpose which we may, at our sole discretion, see fit. You hereby waive any moral rights (or any similar, related or neighbouring rights) which you may have in or to such material. Furthermore, you acknowledge that not under any obligation to publish the content.
7.2 Right title and interest in 100hookup Mobile
All right, title, and interest in 100hookup Mobile, its related services and the corresponding intellectual property rights remains with us and (as applicable) our related entities, contractors and suppliers, who reserve all rights not explicitly granted. These Terms and Conditions grant you no right, title, or interest in any intellectual property owned or licensed by us or any other party, including, without limitation, 100hookup Mobile and related trademarks, and creates no direct relationship between you and our licensors, or between you and us, other than that of licensor to licensee under these Terms and Conditions.
Copyright in 100hookup Mobile (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under copyright legislation which applies in our and your location and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of 100hookup Mobile; or
commercialize any information, products or services obtained from any part of 100hookup Mobile, without our prior written permission.
Except where otherwise specified, any work or device to which is attached the "™" or "®" symbol is a registered and/or common law trademark. If you use any of the trademarks owned by us in reference to our activities, products or services, you must include a statement attributing the trademark to us. You must not use our trademarks:
in or as the whole or part of your own trademarks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages us or our information, products or services (including without limitation, 100hookup Mobile).
7.5 License agreement
Subject to these Terms and Conditions, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use 100hookup Mobile solely for your personal use.
8. RESTRICTIONS ON USE
Unless we agree otherwise in writing, you are provided with access to 100hookup Mobile for your personal use only. You may not do any of the following with 100hookup Mobile:
decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from 100hookup Mobile or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in 100hookup Mobile;
obtain or attempt to obtain unauthorized access to 100hookup or 100hookup Mobile;
incorporate 100hookup Mobile into any hardware or software device that is not your personal mobile device;
use, export, or re-export 100hookup Mobile in violation of applicable laws or regulations;
sell, lease, loan, distribute, transfer, or sublicense 100hookup Mobile or derive income from its use or provision, whether for direct commercial or monetary gain or otherwise, without our prior, express, written permission; or
use 100hookup Mobile in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions or the Terms of Service for 100hookup.
9. CHARGED SERVICES AND FEES
Some features of 100hookup Mobile are only accessible by paying customers (the "Charged Services "). Charged Services means there is a charge payable by you for subscription to the 100hookup website services and/or 100hookup Mobile. When you attempt to access the Charged Services, 100hookup Mobile will, as applicable, notify you and ask you to accept the relevant charges, subscribe to the 100hookup website services or subscribe to 100hookup Mobile. 100hookup Mobile will detail what charges are payable and how they will be charged.
We may charge you for access to the Charged Services by:
premium SMS messaging;
mobile payment gateways; or
any other payment mechanism as notified by 100hookup Mobile.
Charges for 100hookup Mobile will vary as notified by 100hookup Mobile.
10. IN ADDITION TO ANY CHARGES FOR YOUR USE OF 100hookup MOBILE, MESSAGE AND DATA RATES MAY APPLY FROM YOUR WIRELESS CARRIER. PLEASE CONSULT YOUR WIRELESS CARRIER FOR APPLICABLE TEXT MESSAGING AND DATA FEES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR FEES THAT YOUR WIRELESS CARRIER OR OTHER THIRD PARTIES MAY CHARGE YOU FOR USE OF THE SERVICE. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 Suspension of access
We may suspend, change, withdraw or cancel 100hookup Mobile for any reason and at any time.
10.2 No warranties as to accuracy
We do not make any representations or warranties that the material or information provided through 100hookup Mobile (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by us or any member or any other person or entity) is reliable, accurate or complete or that your access to 100hookup Mobile will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through 100hookup Mobile. You should make your own enquiries before acting or relying on any information or material which appears on 100hookup Mobile. You acknowledge that any reliance upon any such material or information shall be at your own risk.
10.3 No warranties as to availability
100hookup Mobile is distributed on an "as is" basis. We do not warrant that 100hookup Mobile will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of 100hookup Mobile. Where permitted by law, you acknowledge that 100hookup Mobile is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
10.4 Implied warranties excluded
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
10.5 No liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of 100hookup Mobile, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through 100hookup Mobile. For the avoidance of doubt and without limiting the generality of the foregoing:
We do not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of 100hookup Mobile or with any delay or inability to use 100hookup Mobile, or for any information, products and other services obtained through 100hookup Mobile, or otherwise arising out of the use of 100hookup Mobile, whether based under contract, negligence or other tort, strict liability or otherwise, even if we have has been advised of the possibility of such damage;
We do not accept any responsibility or liability for any information or material which you submit to 100hookup Mobile nor do we accept any responsibility for any use or misuse of any information or material which you submit to 100hookup Mobile by other members or users;
We do not conduct background checks on the members or subscribers of 100hookup or the users of 100hookup Mobile; and
We do not accept any responsibility or liability for the conduct of any member or other user of 100hookup Mobile, including without limitation any conduct which causes physical injury to any person.
You agree to indemnify, defend and hold us, our affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including any value-added taxes), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by us, our affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with your use of 100hookup Mobile, including without limitation any breach by you of these Terms and Conditions or claims made by other parties against you. You agree to cooperate fully in the defense of any claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such claim.
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives which are connected with, arise out of or relate directly or indirectly to your use of 100hookup Mobile.
12.1 Failure to comply
We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
12.2 No waiver
If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon effective upon notice to you, which notice shall be deemed to have been provided upon our posting of the current version of this agreement on 100hookup.com.. Your continued use of 100hookup Mobile following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.
You must not assign any of your rights under the Terms and Conditions or in respect of 100hookup Mobile to any third party. We have the right to assign any or all of our rights and obligations under these Terms and Conditions or to 100hookup Mobile to any third party. At our election, in the event that our obligations under these Terms and Conditions are assumed by a third party, we shall be relieved of any and all liability under these Terms and Conditions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of 100hookup Mobile.
12.7 Certain restrictions
You may not use or otherwise export or re-export 100hookup Mobile except as authorized by United States law and the laws of the jurisdiction in which 100hookup Mobile was obtained. In particular, but without limitation, 100hookup Mobile may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using 100hookup Mobile, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
100hookup Mobile and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12.8 Dispute resolution
These Terms and Conditions are governed by the laws of the State of California, without regard to its conflicts of law rules and provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of California, City of Los Angeles with regard to any and all claims by you arising out of or related to this license or your use of 100hookup Mobile. Your use of 100hookup Mobile may also be subject to other local, state, national, or international laws. These Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
13.1 Termination of access by you
You may terminate your access at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to Best Free Hookup Apps, 8383 Wilshire Blvd., Suite 800, Beverly Hills, CA 90211.
13.2 Termination of your access to 100hookup Mobile
We may, in our absolute discretion, terminate or suspend your access to all or part of 100hookup Mobile at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of 100hookup or 100hookup Mobile by others.
13.3 Support Issues, Cancelling or Unsubscribing
You may opt out of the Service at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL. Alternatively, you can send an email to
[email protected] with “100hookup Mobile Cancellation” as the subject line and your mobile number in the body. For help or other support issues, you can also send an email to [email protected] or text HELP from your mobile phone. You can also call us at 1-877-453-3861.
13.4 Deactivation for non-use
We may deactivate your account if you have not used 100hookup Mobile for a consecutive 6 month period unless you have an active paid subscription.
13.5 Obligations after termination or deactivation
Upon termination or deactivation, you shall cease all use of 100hookup Mobile and destroy all copies, full or partial, of 100hookup Mobile.
14. PROVISIONS FOR THE BENEFIT OF SUPPLIERS
You hereby agree and acknowledge that these Terms and Conditions apply for the benefit of messmo Pty Ltd ACN 128 169 988 and Mobile BillCo Pty Ltd ACN 138 902 235, as well as us.