Mobile Dating

This Agreement was last updated on this 2nd day of March, 2012

  1. Terms of Use
    1. In this Agreement, “You”, “Your”, “User” refers to the party utilizing the Mobile Dating service. “We”, “Us”, “Our” refers to Fun Mobile Limited.
    2. When you sign up for or use the Mobile Dating Service, you agree to all the terms and conditions of this Agreement.
    3. Please read the following terms and conditions carefully, as they form the agreement between you and Fun Mobile Limited. If you do not agree to these terms and conditions, you may not use the Service.
    4. By using the Service after March 2nd, 2012 you have agreed to be bound by this Agreement, including all amendments made to date.
  2. Mobile Dating Service
    1. Mobile Dating Service gives you a platform to meet and strike relationships with exciting singles just like yourself. It allows you to browse profiles of other singles, chat one-to one via SMS and then exchange phone numbers with prospective dates.
    2. As a User, you acknowledge and agree that the Dating Service is for your personal use. By joining the Dating Service, User guarantee that all data supplied by him/her is accurate and true. Users are directly and indirectly liable for any improper or illegitimate use of the Service, whether initiated by themselves or by third parties who have access on the User’s behalf.
    3. You are responsible for managing your use of our Services. If you have any questions regarding your use of our site and services, please texts HELP to 33202
  3. User Agreement
    1. This Agreement constitutes your agreement with Fun Mobile and any mobile service provided through which you access the service with respect to your use of the service.
    2. You agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.
  4. Network Service
    1. You require an MTN enabled mobile handset in order to use the Service and you can only use this Service if you are within MTN’s mobile network coverage area in Nigeria.
  5. Right to Use
    1. Your right to use the Service 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 Service at any time, including the availability of any Service feature, database or content. We 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.
  6. Adult
    1. You represent, warrant and covenant that you are at least 18 years old.
    2. You also represent that you are not a married person who is seeking an illegitimate affair.
    3. You represent that you are not seeking relationship with persons of the same sex
  7. Code of Conduct
    1. You agree to use the Service in accordance with the following code of conduct:
    2. You will keep all information provided to you through this Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
    3. You will not use this Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
    4. You will not use this Service to infringe the privacy rights, property rights, or any other rights of any person;
    5. you will not use the Service to promote any solicitation for funds, advertising or solicitation for goods or services; and
    6. You will not post or transmit in any manner any contact information including, but not limited to telephone numbers, postal addresses, e-mail addresses, web sites, or full names through your publicly posted information.
  8. Registration
    1. Mobile Dating Services are provided only if you have successfully completed the registration. By creating a profile you grant Fun mobile permission to:
    2. send you notices, campaign messages, promotions of Fun mobile’s products and services, send your details to other subscribers of the service and deliver text messages directed at you from other subscribers of the service; and
    3. publish your profile details on Funmobile’s information network; funmobilelive.com whether such network is accessed by the internet, digital television, PDA, mobile Phone or otherwise
  9. Fees and Payments
    1. Fees and payments are as between you and your mobile service provider and are subject to the terms and conditions you agreed to with your mobile service provider.
    2. You agree to pay or have paid all fees and charges incurred in connection with your use of this Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time.
    3. You are also 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.
  10. Privacy and Use of Information
    1. By using the services you have also agreed to our Privacy Statement.You acknowledge that
    2. We cannot ensure the security or privacy of information or documents you provide through the mobile phone system and you hereby release us from any and all liability in connection with the use of such information by other parties;
    3. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and,
    4. We cannot assume any responsibility for the content of messages sent by other users of the Service, and the information released to us from any and all liability in connection with the contents of any communications you may receive from other users.
    5. We cannot guarantee, nor assume any responsibility for verifying, the accuracy of the information provided by other users of the Service.
    6. You shall not use the Service for any unlawful purpose. We shall refuse any content that impersonates another, is protected by proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
  11. Monitoring of Information
    1. We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines that may be applicable from time to time.
  12. Removal of Information
    1. While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may record to the Service or send to the users of the Service.
  13. Proprietary Information
    1. The Service contains information that is proprietary to us and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service 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.
  14. No Responsibility
    1. You acknowledge that we are not responsible for the suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time and you may be required to stop using the Service at any time.
  15. Security
    1. Your account is private and should not be used by another. You are responsible for all usage or activity on the Service.
  16. Indemnity
    1. You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation legal fees, which we may suffer from your activities on or from the use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate fully as is required in the defense of any claim.
  17. No Warranties
    1. The Service is distributed on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service.
    2. Where permitted by law, you acknowledge that the Service 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.
    3. You acknowledge that the use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any profile, advice, opinion, statement or other information recorded or distributed through the Service by Mobile Dating, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
    4. 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.
    5. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service as we may determine in our sole discretion. 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.
  18. Disclosure and Other Communication
    1. We reserve the right to send you messages through the Service, for the purpose of informing you of issues, changes or additions to the Service, or of any Mobile Dating related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
    2. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
  19. Law
    1. This Agreement is entered into in Nigeria. You agree that it will be governed by the laws of the Federal Republic of Nigeria and any disputes arising out of this Agreement will be subject to the Nigerian Court.
    2. If any provision in this Agreement is invalid or unenforceable under the applicable law, the remaining provisions will continue in full force and effect.
  20. Assignment
    1. You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Fun Mobile has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party.
    2. At the election of Fun Mobile, if Fun Mobile’s obligations hereunder are assumed by a third party, Fun Mobile shall be relieved of any and all liability under this Agreement.
  21. Limitations on Liability
    1. In no event shall Funmobile be responsible for, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence), indemnification or otherwise, for any damages, including, but not limited to, special, punitive or consequential damages that include, but are not limited to, marital issues, break down of any relationship, damages for any loss of profit, revenue or business, physical injuries as a direct or indirect result of:
    2. Your breach or violation of the terms & conditions of this agreement;
    3. Your access and use of Mobile dating service;
    4. Your inability to access or use Mobile dating services for any reason; and
    5. Your reliance upon or use of the content, information, materials, products or the collective work obtained from members of the Mobile Dating Service.
    6. The limitation will apply to all claims, including, but not limited to warranty, contract, indemnity, tort (including negligence), strict liability or otherwise.
    7. Our failure to exercise or enforce any right or provision under these terms and conditions does not constitute a waiver.