Terms of Service - Find Your Twin

TERMS AND CONDITIONS OF USE- PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SERVICE OR ANY APPLICATION(S) AVAILABLE FROM IT.

 

The Service is owned and operated by Wireless Services Corporation, dba SinglePoint (referred to as "SinglePoint") and is available when offered for use by your wireless carrier (referred to as your “Carrier”) if you have a compatible mobile device.  "You" are the person or entity using the Service, using the related applications, or otherwise as identified in any SinglePoint Service user-information form.

 

The Terms constitute a valid and binding legal agreement between You and SinglePoint.  By using the SinglePoint Service, or using any applications or functionality integrated within the SinglePoint Service, or clicking on a button indicating your consent, You agree to these Terms including but not limited to disclaimers of warranties, indemnification provisions and use of User Provided Content provisions. If you do not agree to these Terms, you do not have permission to use the SinglePoint Service.

 

You understand and agree that the Service is provided "AS-IS" and that neither SinglePoint, its third party providers, nor your Carrier assume any responsibility for the timeliness, deletion, miss-delivery or other error, defect, interruption, malfunction or delay resulting from the use or inability to use the Service. 


SinglePoint reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that neither SinglePoint, its third party providers, nor your Carrier shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

The SinglePoint Service Use and Restrictions:

The SinglePoint Service is intended solely for personal non-commercial use by mature audiences over the age of eighteen (18).  No portion of this Site is targeted to children, and any minor must seek consent of his or her legal guardian before using this site.  SinglePoint does not condone the use of the SinglePoint Service by minors under the age of eighteen (18), and no individual under the age of thirteen (13) is permitted to use the Service under any circumstances, even with the consent of their legal guardian.

 

Images provided in connection with the Service must only be used for personal and non-commercial viewing by you and your friends and family and not otherwise copied, published, republished, re-distributed, re-communicated or otherwise commercially exploited in any form or by any method whatsoever directly or indirectly by or for you or any third party.  For the avoidance of doubt, this prohibition includes framing, linking, posting in news groups and any other form of copying by persons.

 

In addition, you may not use, or attempt to use the Service for:

  • Sending or creating harassing, abusive, or threatening messages, including any messages and/or communications that contain expressions of hatred, bigotry, racism, or other indecent expression;
  • Sending or creating obscene or pornographic messages or images;
  • Sending or creating indecent, defamatory or libelous messages;
  • Sending or creating any message and/or communication to a minor under the age of thirteen (13);
  • Sending or creating any message that may infringe on the copyright, trademark, publicity/privacy right or other intellectual property of any third-party;
  • Sending viruses or other harmful, disruptive, or destructive files using the Service;
  • Attempting to steal passwords or credit card information using the Service;
  • Sending any message and/or communication for commercial purposes using the Service;
  • Sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
  • Attempting to conceal or misrepresent the identity of the sender.

Violations of the SinglePoint’s acceptable use policy will not be tolerated and may result in you being blocked from using the Service.

 

You acknowledge that SinglePoint does not pre-screen any content (including but not limited to images) submitted by you through the Service and/or other communications created by you through the Service. SinglePoint and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content, and to investigate reports of misuse of the SinglePoint Service by you. Without limitation, SinglePoint and its designees shall have the right to review and remove any content and/or other communications that violate the Terms or is otherwise objectionable, as well as to block and/or terminate your access to the Service.

 

Privacy Policy

The information provided by You in using this Service is provided both to SinglePoint and your Carrier, SinglePoint’s use of such information shall be governed by SinglePoint’s privacy policy which can be viewed at ________________________.  Your Carrier’s use of such information shall be governed by privacy policies and procedures at your Carrier.  Neither SinglePoint nor Carrier shall be liable to you for the other’s improper use or disclosure of your information.

 

User Provided Content Indemnity

You may upload images and other content in connection with your use of the Service by uploading a photograph or image provided solely by you (collectively, the “User Provided Content”).  You are solely responsible for any User Provided Content used by you in conjunction with the Service. When you use any User Provided Content in conjunction with the SinglePoint Service you are indicating that you own the User Provided Content and/or have full rights to its use.  SinglePoint will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the SinglePoint Service, as well as terminate access to the SinglePoint Service, if you engage in copyright or other intellectual property infringement.


When you upload User Provided Content to the SinglePoint Service and use it in connection with the Service, the User Provided Content may be used and “morphed” or otherwise modified in connection with the Service.  You grant to SinglePoint a limited, non-transferable, license to use the User Provided Content in order to facilitate the creation and return delivery of images, morphed images and other communications in connection with your use of the Services.

 

Warranty Restriction; Limitation Of Liability

THE MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF, NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM) OR AGAINST INFRINGEMENT. NEITHER SinglePoint, its third party providers, NOR YOUR CARRIER IS RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC CONTENT SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE THROUGH THE SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE.


NEITHER SinglePoint, its third party providers, your Carrier, NOR ANY OF THERE OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF SinglePoint OR Your Carrier HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT SinglePoint, its third party providers, your Carrier AND THEIR AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.


NEITHER SinglePoint, its third party providers, your Carrier NOR THEIR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS SinglePoint, your Carrier AND THEIR AFFILIATES AND PARTIES WITH WHOM SinglePoint HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.


Indemnification

You hereby indemnify, defend and hold harmless SinglePoint, your Carrier and their affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. SinglePoint reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

Ownership
The SinglePoint Service, images provided by SinglePoint, applications, and related information are the exclusive property of SinglePoint.  All rights not specifically licensed herein are hereby reserved to SinglePoint or its suppliers.  NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

 

Entire Agreement

These Terms, as amended, any registration forms, fee notifications and the disclosures provided by SinglePoint and the consents and indemnifications provided by you, constitute the entire agreement between you and SinglePoint. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  Other terms and conditions may apply to your use of the Service as between you and your Carrier, including for Cingular customers the data service terms located at www.cingular.com/media/terms.  You must not use the Service in breach of any agreement between you and your Carrier.

 

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of laws provision. Any dispute arising between you and SinglePoint will be submitted to binding arbitration in Seattle, Washington, and you hereby waive any claim and/or defense that such forum is not proper or convenient, and consent to service of process by any means authorized by Washington law. Any dispute arising between you and SinglePoint will be submitted in accordance with the JAMS standard rules then in effect for arbitration of commercial disputes.

 

Noticesand Copyright Violation Notices
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to SinglePoint by postal mail to: SinglePoint, c/o Legal Affairs, ____________________________.  If applicable law requires that SinglePoint accept email notices (but not otherwise), then you may send SinglePoint email notice using the email address detailed therein.