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TERMS OF USE AGREEMENT

Last Revised: August 11, 2011

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

IF YOU BECOME A FreeHookup SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.

If you have any questions or comments, you may contact FreeHookup by writing to us at: FreeHookup, Inc., Attn: Customer Service, 475 Sansome Street, San Francisco, CA 94111.

This Terms of Use Agreement (the "Agreement") is a legal agreement that governs our relationship with users and others that interact with FreeHookup, Inc. and our subsidiaries and affiliates ("FreeHookup," "we," or "us") in connection with the use of FreeHookup websites (including freehookup.dating) (the "Sites") and our Services (as defined below). FreeHookup currently makes services available through our Sites, applications, which include mobile applications and applications available on social networking sites and other platforms, and our downloadable products (the Sites, the applications, the downloadable products and all services provided by FreeHookup in connection therewith shall be referred to collectively as, the "Services"). FreeHookup may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. FreeHookup also reserves the right to cease offering any of the Services. You agree that FreeHookup shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by FreeHookup when you sign up to use, or use, such Services ("Additional Terms"). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with FreeHookup for products, services or otherwise.

All visitors to our Sites, whether registered or not, are "users" of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a "Member".

This Agreement and any policy or guideline of the Services may be modified by FreeHookup in its sole discretion at any time, with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services after the posting of changes or modifications will constitute your acceptance of such changes or modifications; therefore, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

  1. ELECTRONIC RECORDS

    Because the Services are provided electronically, you must consent to FreeHookup's providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that FreeHookup may be required to provide to you.

    Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by FreeHookup, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the FreeHookup website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.

    You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by FreeHookup are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that FreeHookup may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

  2. ELIGIBILITY

    By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) 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; (e) you are not a competitor of FreeHookup and are not using the Services for reasons that are in competition with FreeHookup or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a "Specially Designated National" or (iii) placed on the Commerce Department's Table of Deny Orders.

  3. USE OF THE SERVICES

    You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited.

  4. USER CONTENT

  5. PRIVACY

    Please refer to our Privacy Policy for information about how FreeHookup collects, uses and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature on any public areas of FreeHookup or post or provide to FreeHookup any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You hereby consent to the processing of any personal data in the United States of America or any other country in which we process your data.

  6. COPYRIGHT AND LIMITED LICENSE

    The Services contain the copyrighted material and other proprietary information of FreeHookup and its licensors or users including without limitation, the FreeHookup logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collective, "Proprietary Materials").

    You are granted a limited, non-sublicensable license to access and use the Services and Proprietary Materials, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) "frame" or "mirror" any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to FreeHookup or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as specifically authorized herein, without the prior written consent of FreeHookup, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license is revocable at any time.

  7. REPEAT INFRINGER POLICY

    FreeHookup reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. FreeHookup may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  8. COPYRIGHT POLICY

    If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FreeHookup's designated Copyright Agent to receive notifications of claimed infringement is:

    FreeHookup, Inc.
    Attn: Copyright Agent
    475 Sansome Street
    San Francisco, CA 94111 USA
    [email protected] (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)

    You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  9. TRADEMARKS

    "FreeHookup," "ONLINE DATING. YOUR WAY.", "FreeHookupTV," FreeHookup's logos and any other trade name or slogan contained in the Services are trademarks or service marks of FreeHookup, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of FreeHookup or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FreeHookup and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  10. HYPERLINKS

    You are granted a limited, non-exclusive right to create a text hyperlink to the FreeHookup websites for noncommercial purposes, provided such link does not portray FreeHookup or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use FreeHookup's logo or proprietary graphics to link to any FreeHookup website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any FreeHookup trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without FreeHookup's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FreeHookup or any third party.

    FreeHookup makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of FreeHookup and FreeHookup is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FreeHookup provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by FreeHookup of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

  11. THIRD PARTY CONTENT

    FreeHookup may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. FreeHookup does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that FreeHookup is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

  12. ADVERTISERS AND OTHER THIRD PARTIES

    The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. FreeHookup is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that FreeHookup shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

  13. PAID SERVICES

  14. MOBILE SERVICES

    You may access and use certain features of the Services using certain mobile devices, including through our SMS service (the "Mobile Services"). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services.

    Please note that by accessing or using the Mobile Services, your carrier's normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for those fees. If you sign up for our SMS service, we estimate a frequency of approximately 10 messages per month, but the actual number depends on user activity and may vary significantly. To stop receiving SMS messages from us, text STOP to 96675. To get help, text HELP to 96675 for instructions. For customer support, please contact us at https://freehookup.dating/contactinfo.php or write to [email protected] As of the date of this Agreement, we support the following carriers: T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, Cricket, Alltel, ACG, Cincinnati Bell, U.S. Cellular®, Virgin Mobile, Aliant Mobility, Bell Mobility, Inc., MTS/Allstream Inc., Northern Telephone, Rogers Cantel Inc., Sasktel Mobility, Telebec, Telus Mobility, and Virgin Mobile Canada.

    In the event you change or deactivate your mobile telephone number, you agree to update your account information on FreeHookup within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

  15. DOWNLOADABLE APPLICATIONS

    By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms and conditions of the End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.

  16. FREE TRIALS AND PROMOTIONS.

    From time to time, we may offer free trials or other promotions (a "Promotion"). As an example, we may offer promotions that provide free subscriber-level access to the Services for a certain period of time. YOU MUST CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH SECTION 13(d) ABOVE) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES. As another example, we may provide you with our virtual currency without charge. Any such virtual currency is subject to the terms of our Virtual Goods and Currency Terms of Use. Additional Terms applicable to any Promotions may be provided.

  17. DISCLAIMERS

    FreeHookup PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    FreeHookup DOES NOT REPRESENT AND WARRANT THAT (A)YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B)ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C)THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FreeHookup DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

    FreeHookup DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, FreeHookup DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

    FreeHookup DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FreeHookup. UNDER NO CIRCUMSTANCES WILL FreeHookup BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

    SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

  18. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FreeHookup, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FreeHookup, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FreeHookup'S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL FreeHookup'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) $50.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FreeHookup BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

    SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

  19. DISPUTES AND INDEMNIFICATION

  20. TERMINATION

    This Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

  21. CANCELLATION RIGHTS

    In addition to the cancellation procedure set forth in Section 13(d) above, if you are a FreeHookup subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), you have the right to cancel your subscription in accordance with the applicable terms described below for such state. The date of your subscription is the date that you sign up for the subscription through our Services. Upon cancellation of your subscription in accordance with this Section 21, your subscription benefits will terminate immediately.

  22. STATE SPECIFIC PROVISIONS

    If you are a FreeHookup subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), the provision(s) listed below for such state will apply. Unless otherwise stated, you may exercise any rights applicable to you by providing written notice to us (which includes your FreeHookup user name and the email address used to register for the Services) by mail at FreeHookup, Inc., Attn: Refund Request, P.O. Box 2888, San Francisco, CA 94126-2888.

  23. MISCELLANEOUS

    You agree that this Agreement, together with the Additional Terms, contains the entire agreement between you and FreeHookup regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement. If any provision of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of FreeHookup to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any entities that FreeHookup owns a 50% or greater interest in, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement. FreeHookup, Inc. is a corporation organized under the laws of the State of Delaware, USA (file number 4328757).

  24. LANGUAGE OF THE AGREEMENT

    The language of this Agreement is English. Where FreeHookup has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with FreeHookup. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.