TextDater™.mobi Terms &
TERMS AND CONDITIONS ("Terms") govern your use of the content and
material which is located via the TextDater iPhone "App".
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
"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
only Use the Service for the purpose of facilitating online introductions and
- 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. Users
registering with an email account will be added to the mailing list and
from time to time will be contacted. 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:
or implies that any statements made by you are endorsed by TextDater;
racism, bigotry, hatred or physical harm of any kind against any group or
or advocates harassment of another person;
pornographic or sexually explicit material of any kind;
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
any conduct that is abusive, threatening, obscene, defamatory or
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;
restricted or password only access pages, or hidden pages or images
(those not linked to from another accessible page);
passwords or personally identifying information from other Users for
commercial or unlawful purposes;
the transmission of "junk mail", "chain letters" or
unsolicited mass mailing or "spamming"
information that you know to be false or misleading;
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
- 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
Terms will remain in full force and effect while you are a User of the Service.
- You may cease to be a User
at any time, for any reason, effective upon receipt by TextDater of your
written or email notice of termination, sent to the email address or
postal address detailed in ‘Definitions’.
Or by simply using the delete account option in setting. Please note your details will be held by
- 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.
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
(i) reproducing, copying, editing, transmitting, uploading or
incorporating into any other materials, any of the Service;
removing, modifying, altering or using any registered or unregistered
marks/logos owned by TextDater, including but not limited to the mark
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.
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
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:
conditions, warranties and other terms whether express or otherwise
implied by statute or common law;
liability for indirect or consequential loss which are losses that are
incurred as a side effect of the main loss or damage;
of profit and business;
of income or revenue;
of goodwill and reputation;
of romantic prospects;
of friendship prospects;
of information and data;
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
- 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
- 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.
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
- TextDater reserves the right
to gather information relating to use of the Service. By using the Service
you consent to collection and use of this information. For more information please see our Data
you visit the Service. You will be bound by the revised Terms and privacy
policy if you continue to use our Service following the date on which the
Law and Jurisdiction
Terms shall be governed by and construed in accordance with the laws of
- 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
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
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.
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