LAST MODIFIED: OCTOBER 2013
Welcome to FonoChat®, the best place to meet local singles for dating, friendship, or phone chat. By using the FonoChat® Chatline® service (the "Chatline") or our FonoChat® website (the "Website") including any associated SMS or premium SMS services ("Mobile Services"), operated by Teligence (Canada) Limited, Teligence (U.S.), Inc. or any of their affiliated companies (collectively, the "Company" "We" or "Us"), or by signing up as a member or as a trial member to use the Chatline (a "Member"), you agree to all of the terms and conditions of this Agreement, either as a user (a "User") or a Member. The website, the Chatline and Mobile Services are collectively referred to in this Agreement as (the "Services").
This Agreement sets out your agreement with us with respect to your use of the Services as well as our ability to communicate with you. We may amend this Agreement from time to time, such modifications to be effective upon posting on the Website. You are required to abide by all of the terms and conditions contained in this Agreement, as amended from time to time by us, in order to become or remain a User or Member. If you do not agree to these terms and conditions, you may not use the Services.
- Right of Use
- Term and Termination
- Content and Monitoring
- Mobile Services
- Fees and Payments
- Privacy and Use of Information
- Removal of Information
- Proprietary Information
- External Links
- No Warranties
- Limitation on Liability
- Disclosure and Other Communication
- Membership and Pass code
- Disputes, Governing Law and Arbitration
- Entire Agreement
You must be eighteen (18) years of age or older to be a User or Member of the Services. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Your right to use the Services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.
This Agreement will remain in full force and effect while you are a User or Member of the Services. If you become a Member of the Services, you may terminate your membership at anytime by ceasing to use or access the Services, or by contacting our Customer Service at 1-800-410-3535; however, you will not be refunded any monies paid for your membership upon such termination. We may terminate your membership at anytime, and for any reason. If we terminate your membership in the Services because you have breached this Agreement, you will not be refunded any monies paid for the Services. Upon termination of this Agreement, sections 4, 6, 7, 9, 11-13, and 15-17 of this Agreement shall remain in effect.
You agree to use the Services in accordance with the following conduct:
- you will keep all information provided to you through the Services as private and confidential and will not give such information to anyone or use such information without the express permission of the person who provided it to you;
- you will not use the Services to engage in any form of harassment, illegal, immoral or offensive behavior, including but not limited to the posting of communications, pictures, or audio or video recordings which contain, depict or suggest libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images, or promotes bigotry, hatred or physical harm of any kind against any group or individual;
- you will not record, reproduce, post or distribute any audio or video communications between you and another User or Member of the Services, including any messages, pictures or recordings you obtained from the Services or your use of the Services;
- you will not use the Services in any way which (i) violates, plagiarizes or infringes upon the rights of any person, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, including other intellectual property rights; (ii) is fraudulent, misleading or otherwise unlawful or violates any law, rules, or regulations in Canada, the United States or any relevant jurisdiction in which you use the Services; or (iii) promotes or results in communications concerning illegal activities or conduct such as making or buying illegal weapons, selling drugs, soliciting prostitution or violating someone's privacy; and
- you will not use the Services to distribute, promote or otherwise publish any material containing any solicitation for funds, or advertising or solicitation for goods or services.
We will investigate and take appropriate legal action in our sole discretion against anyone who violates any of the above conduct, including without limitation, removing the offending communication from the Services and terminating the membership of such violators.
Each User or Member is solely responsible for his or her content when using the Services, whether or not it is monitored and/or removed from the Services by us. You agree that any content in a User's or Member's greeting and/or message associated with such User's or Member's use of the Services (the "Content") may be monitored and subsequently removed from the Services if, in our sole discretion, such Content is found to be offensive, illegal, appears harmful or threatening to another User or Member, or violates the rights of another User or Member or the terms and conditions of this Agreement. We reserves the right to monitor all messages, postings, and audio and video recordings from time to time to ensure that they conform to the content guidelines which may be applicable. You understand that by using the Services, you may encounter content that may be found offensive, indecent, or objectionable by some people, which may include explicit or suggestive language.
In order to use the Services, Users and Members may purchase pre-paid membership packages of minutes or charge their minutes on their telephone bills. Memberships (other than trial memberships) will be deactivated after 90 days of non-usage, but may be re-activated by the Member upon contacting customer service. Any minutes charged for maintenance fee during the period of non-usage will not be refunded. If your usage of the Services is terminated because of your breach of this Agreement or because of your voluntary deactivation or termination of your membership, any unused minutes will automatically and immediately be forfeited. Minutes and membership packages cannot be transferred from one Member to another Member. All trial memberships may be deactivated or terminated by us at any time.
You agree to pay or cause to be paid all fees and charges incurred in connection with your use of the Services or your purchase of pre-paid membership packages (including any applicable taxes in connection with the purchase of the minutes or pre-paid membership packages) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We reserve the right to correct any errors or mistakes made even if we have already requested or received payment. We may change our pricing and payment policies at any time, including our fees and charges in effect for using the Services, or add new fees or charges, by posting our new pricing on the Website from time to time.
Members and Users may use various payment methods to purchase minutes or membership packages, which are posted on the Website. We reserve the right to change the manner or method in which we charge Members for minutes or membership packages, and the method of payment which is acceptable to us, at our sole discretion. The terms of your payment will be based on your payment method and may be further determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method ("Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to pay immediately to us all amounts due from your use of the Services. Should your financial institution return or deny your payment transaction, you agree that we may collect a service charge of $40 USD or the maximum allowed by law. If we do not receive payment we reserve the right to refer your payment transaction to an outside collection agency and/or an attorney in which case you will be responsible for all costs, damages and fees that are incurred in the process of resolving any debt created by this transaction. You understand and acknowledge that your personal account information may be submitted to various credit bureaus and/or national verification systems. This may affect your personal credit rating and may block you from processing further transactions. You are solely responsible for, and we will not accept any liability to you for any access or usage charges charged by a Carrier related to any device that you use to access the Services, including, without limitation, usage charges for mobile telephones including SMS messaging and/or data charges, Palm OS devices, Windows CE devices, car navigation systems, pagers, "smart phones" and other devices, whether wireless or wireline. Fees and payments are between you and your wire or wireless phone service provider and are subject to the terms and conditions you agreed to with your wire or wireless phone service provider.
You also are responsible for any fees or charges incurred to access the Services, including but not limited to telephone charges, long distance charges or mobile phone charges including Messaging and/or Data charges.
YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR THIRD PARTY'S WIRELESS INVOICE, WHICH WERE NOT AUTHORIZED BY YOU.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION REQUIRED FOR YOUR CHOSEN PAYMENT METHOD, AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELLED (E.G. FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR MEMBERSHIP NUMBER OR PASS CODE. CHANGES TO SUCH INFORMATION CAN BE MADE BY CALLING CUSTOMER SERVICE AT 1-800-410-3535. IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE WILL NOT BE LIABLE FOR CHARGING YOU OR DEDUCTING MINUTES FROM YOUR PREPAID MEMBERSHIP PACKAGE FOR ANY USE OF THE SERVICES UNDER YOUR MEMBERSHIP UNLESS YOU HAVE TERMINATED YOUR MEMBERSHIP FOR THE SERVICES
While we do not and cannot review every message or other material sent by Users or Members, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete or remove messages or materials that we, in our sole discretion, deem to violate the terms of this Agreement or any applicable content guidelines, or to be otherwise unacceptable by us.
The Services contains information which is proprietary to us, our partners and our Users. To the extent possible, we assert full copyright protection in the Services. Information posted by us, our partners or our Users and Members may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
The Website may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability for the availability of External Links or their contents.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Services, including without limitation any breach by you of this Agreement, including but not limited to any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
You acknowledge that use of the Services is at your own risk. We are not responsible for any conduct of, or incorrect or inaccurate content or other information communicated by, a Member or User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member or user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of emails or hardware on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to a Member's or User's or other person's computer related to or resulting from participating or downloading materials in connection with the Services. Under no circumstances will we be responsible for any loss or damage resulting from use of the Services by a Member or User, or for any content communicated by or to a User or Member using the Services. The Services are provided "as-is" and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES IN WHICH THE DISPUTE COVERS.
When you become a FonoChat member, you will be assigned a membership number and asked to select a passcode. You are responsible for the confidentiality and use of your membership number and passcode, and agree not to transfer or resell your use of, or access to, the Services to any third party. If you have reason to believe that your membership account is no longer secure, you must promptly change your passcode by updating your account information, or by contacting Customer Service at 1-800-410-3535. You are solely responsible for maintaining the accuracy of your membership account information and the confidentiality of your membership number and passcode, and for any and all activities on the Services that are conducted through your membership account or using your passcode, including but not limited to use of your passcode by any third party.
This Agreement, along with your membership and your use of the Services shall all be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Washoe County, Nevada for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the following provision regarding arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
In the unlikely event that we have not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any we claim for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the Judicial Mediation and Arbitration Services ("JAMS") under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Washoe County, Nevada, unless you and the Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of the Company's proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement constitutes the entire agreement between you and the Company regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement may be modified by us from time to time, such modifications to be effective upon posting on the Website. If you do not agree to any modifications, you should terminate your use of the Services. Your continued use of the Services now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Please contact us with any questions you may have regarding this Agreement, or if you would like us to send you a copy of this Agreement.