LAST UPDATED February 2012
Welcome to XIP Services, the best place to meet local singles for dating, friendship, phone chat as well as various phone and web-based entertainment programs. By using the XIP Services website (the “Website”) or the XIP Services telephone products (the “Service”) including any associated mobile phone SMS or premium SMS services (“Mobile Services”), operated by XIP Services a Division of Teligence (Canada) Limited, or any of their affiliated companies (collectively, the “Company”), or by accessing the Service as a Pay per Call Users or by signing up as a member or as a trial member to use the Service (a “Member”), you agree to all of the terms and conditions of this Agreement, either as a user (a “User”) or a Member.
This Agreement sets out your agreement with the Company with respect to your use of the Service as well as our ability to communicate with you. The Company may amend this Agreement from time to time, such modifications to be effective upon posting by the Company on the Website as noted by the last modified date. You must abide by all of the terms and conditions contained in this Agreement, as amended from time to time by the Company, in order to become or remain a User or Member of the Website and/or Service. If you do not agree to these terms and conditions, you may not use the Website and/or Service.
- Eligibility – You must be eighteen (18) years of age or older to be a User or Member of the Website and/or Service. By using the Website and/or Service, 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.
- Right of Use – Your right to use the Website and/or Service is subject to any limitations, conditions and restrictions established by the Company from time to time, in the Company’s sole discretion. The Company may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. The Company may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
- Term and Termination – This Agreement will remain in full force and effect while you are a User or Member of the Website and/or Service. If you become a Member of the Service, you may terminate your membership at anytime by ceasing to use or access the Service, or by contacting Customer Service at email@example.com; however, you will not be refunded any monies paid for your membership upon such termination. The Company may terminate your membership at anytime, and for any reason. If the Company terminates your membership in the Service because you have breached this Agreement, you will not be refunded any monies paid for the Service. Upon termination of this Agreement, sections 4, 6, 7, 9, 11-13, and 15-17 of this Agreement shall remain in effect.
- Conduct – You agree to use the Service in accordance with the following conduct:
- you will keep all information provided to you through the Service 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 Service 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 Service, including any messages, pictures or recordings you obtained from the Service or your use of the Service;
- you will not use the Service in any way which (i) violates, plagiarizes or infringes upon the rights of any person, including but not limited to any copyright or trade-mark 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, Latin America or any relevant jurisdiction in which you use the Service; 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 Service to distribute, promote or otherwise publish any material containing any solicitation for funds, or advertising or solicitation for goods or services.
- The Company will investigate and take appropriate legal action in its sole discretion against anyone who violates any of the above conduct, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
- Content and Monitoring – Each User or Member is solely responsible for his or her content when using the Service, whether or not it is monitored and/or removed from the Service by the Company. 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 Service (the “Content”) may be monitored and subsequently removed from the Service if, in the Company’s sole discretion, any 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. The Company 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. â€¨You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may include explicit or suggestive language.
- Fees and Payments – In order to use the Service, Users will pay for access on a per minute basis 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 services. Any minutes charged for maintenance fee during the period of non-usage will not be refunded. If your usage of the Service 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 the Company at any time. You agree to pay or have paid all fees and charges incurred in connection with your use of the Service 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. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The Company may change its pricing policy at any time, including its fees and charges in effect for using the Service, or add new fees or charges from time to time. Members and Users may use various payment methods to purchase minutes or membership packages, which are presented on the Service. The Company reserves the right to change the manner or method in which the Company charges Members for minutes or membership packages, and the method of payment which is acceptable to the Company, at the Company’s sole discretion. The terms of your payment will be based on your payment method and may be determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method (“Payment Method Provider”). If the Company does not receive payment from your Payment Method Provider, you agree to pay immediately all amounts due to the Company from your use of the Service. 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 the Company does not receive payment the Company reserves 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 the Company will not have any liability to you for, any access or usage charges charged by a Carrier related to any device that you use to access the Site or use the Service, including, without limitation, usage charges for mobile telephones including SMS messaging and/or data charges, IOS Devices, Android Devices, RIM Devices, Palm OS devices, Windows CE devices, car navigation systems, pagers, “smartphones” 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 Service, 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.â€¨YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION REQUIRED FOR YOUR CHOSEN PAYMENT METHOD, AND YOU MUST PROMPTLY NOTIFY THE COMPANY 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 CONTACTING CUSTOMER SERVICE AT firstname.lastname@example.org. IF YOU FAIL TO PROVIDE THE COMPANY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT THE COMPANY MAY CONTINUE CHARGING YOU OR DEDUCTING MINUTES FROM YOUR PREPAID MEMBERSHIP PACKAGE FOR ANY USE OF THE SERVICE UNDER YOUR MEMBERSHIP UNLESS YOU HAVE TERMINATED YOUR MEMBERSHIP FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY THE COMPANY).
- Removal of Information – While the Company does not and cannot review every message or other material sent by Users, and is not responsible for any content of these messages or materials, the Company reserves the right, but is not obligated, to delete or remove messages or materials that the Company, in its sole discretion, deem to violate the terms of this Agreement or any applicable content guidelines, or to be otherwise unacceptable by the Company.
- Proprietary Information – The Service contains information which is proprietary to the Company, its partners and its Users. The Company asserts full copyright protection in the Service. Information posted by the Company, its partners or its Users may be protected whether or not it is identified as proprietary to the Company 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.
- External Links – The Website may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that the Company is not responsible for, and has no liability as a result of, the availability of External Links or their contents.
- Indemnity – You agree to indemnify the Company, its officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which the Company may suffer from your activities on or use of the Service or the Website, 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. The Company reserves 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.
- No Warranties – You acknowledge that use of the Service is at your own risk. The Company is not responsible for any conduct of, or incorrect or inaccurate content or other information communicated by, a Member or User of the Website and/or Service. The Company assumes 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. The Company is 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 Website and/or the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from use of the Website and/or the Service by a Member or User, or for any content communicated by or to a User or Member using the Service. The Website and Service are provided “as-is” and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- Limitation on Liability – EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY 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 WEB SITE OR THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S 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 THE COMPANY FOR THE SERVICE IN WHICH THE DISPUTE COVERS.
- Membership & Pass code – When you become a User or a Member of the Service, 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 Website and/or Service 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 contacting Customer Service at email@example.com. 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 Service that are conducted through your membership account or using your passcode, including but not limited to use of your passcode by any third party.
- Disputes – If there is any dispute about or involving the Website and/or the Service, you agree that any dispute brought in Canada will be governed by the laws of the Province of British Columbia, and any dispute brought in the U.S. will be governed by the laws of the State of Nevada without regard to any conflict of law provisions.
Entire Agreement – This Agreement constitutes the entire agreement between you and the Company regarding the use of the Website and/or the Service. 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 the Company 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 Service. Your continued use of the Service 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 the Company to send you a copy of this Agreement.