3. Registration and Subscription
This online & mobile phone introduction service is a way for adults to meet each other (the "Service"). The Service is provided by Wireless Introduction Network, Inc., a New Jersey Corporation, whose principal office is located at Park 80 West Plaza II, Saddle Brook, NJ 07663. Access to, use of this Service, and the Sites offering the Service (as defined below) is governed by the terms and conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting, or otherwise accessing this Site or any of the Sites, you agree to abide by the terms and conditions set forth below.
This legal agreement is made between a person who registers for the Service, has accepted the terms and conditions set forth herein, and whose application for membership has been accepted by the Site, ("You", "Your") and Us ("Agreement"). This Agreement applies to all of Our sites that are offering the Service including but not limited to Zogo.com. ("Sites","Us","We","Our"). Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a member of one or all of our Sites (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON ONE OR MORE OF THE SITES. YOUR CONTINUED USE OF THE SITES AND THE SERVICE IS DEEMED YOUR ACCEPTANCE OF SUCH CHANGES.
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership and You may not assign or otherwise transfer Your account to any other person or entity.
The Service is not available to residents of Wisconsin.
3. REGISTRATION AND SUBSCRIPTION:
Although You may register as a Member of the Service for free, if You wish to use the Service to initiate most communication with other members and use certain other parts of the Service, You must become a subscriber and pay the fees ("Subscription Fees") that are set out in Our price list. This price list is part of this Agreement and We reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused Subscription Fees.
This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Services page of the Service, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us without cause, in our sole discretion, We may refund, pro rata, any unused portion of any Subscription Fees that We have received from You. In the event that (a) You terminate your subscription or membership or (b) We determine, in our sole discretion, that You have violated this Agreement or our posted Privacy Policy, You shall not be entitled to, nor shall We be liable to You for any refund of any unused portion of any Subscription Fees that We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.
You represent and warrant to Us that the information posted in Your profile including Your photograph are posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. You assign to Us, with full title guarantee, all copyright in Your profile and your photographs posted, at any time, in connection with Your use of the Service. You waive absolutely any and all moral rights to be identified as author of Your profile and owner of Your photograph and any similar rights in any jurisdiction in the world. In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
As a Member, You agree that:
(a) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URL's, email addresses, instant messaging handles/monikers, other than where You are specifically asked for such information in the Personal Information section of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. To protect Our members against such conduct, We currently impose a 30 message-per-day limit on subscribers. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.
(b) You are solely responsible for the content or information You publish or display (hereinafter, "Post") on the Service, or transmit to other members. You will not Post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive anatomical or sexual references, offensive, sexually suggestive or connotative language, and You will not Post any photos containing nudity or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused Subscription Fees that We have received from You.
(c) Email, SMS, MMS or Short Code communications sent from Us or through Us are designed to make your experience enjoyable. By becoming a member, You specifically agree to accept and consent to receiving Email, SMS, MMS or Short Code communications initiated from Us or through Us including, without limitation: message notification emails, "Your Match" emails, emails informing you about events and parties We organize, emails informing You of promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service.
(d) You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be Inactive after 12 months). If Your account is terminated, deleted or purged under this Section, you will not be entitled to all or a portion of any Subscription Fees paid. In the event Your account becomes active or reinstated after termination, purge or deletion under this Section, We reserve the right to require a new or additional Subscription Fee from You.
(e) Our customer service employees are here to make your experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the phone or communicating with them by any other means, You agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to a refund of any Subscription Fees We have received from You.
We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
(1) You will not impersonate any person or entity.
(2) You will not "stalk" or otherwise harass any person.
(3) You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
(4) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
(5) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(6) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(7) You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
(8) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(9) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(10) You will not "frame" or "mirror" any part of the Service, without Our specific prior written consent.
(11) You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
(12) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:
(a) Your breach of this Agreement;
(b) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
(c) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person or entity.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES OR CONVERSATIONS. EMAILS OR CONVERSATIONS BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners. Unless otherwise indicated, all trademarks, service marks, logos and trade dress on the Sites are registered trademarks of Wireless Introduction Network, Inc. in the United States and other countries and may not be reproduced, used or licensed without the express prior written permission of the owner. Unless otherwise indicated, all material included on the Sites, such as text, graphics, logos, images, and software are owned by Wireless Introduction Network, Inc. or one of its and may not be used without obtaining the express prior written permission of the owner.
No copyrighted materials on the Sites may be copied, reproduced, distributed, modified, uploaded, posted or transmitted in any way, without the express prior written permission of the owner. Modifications or use of the material in any way violates the intellectual property rights of the owner.
The personal information (including Personal Information You provide to Us) will be stored on computers. You consent to Our using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our Privacy Policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States and is subject to the jurisdiction, laws and regulations of the United States. By becoming a member of the Service, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service as more fully set out in the Privacy Policy. When you communicate with someone or one of the Sites, your information is used in accordance with our Privacy Policy.
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, ALTHOUGH WE WILL USE OUR BEST EFFORTS, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. We do not warrant the Sites or the servers are free of viruses or other harmful components and We do not warrant the correctness or accuracy of any matter posted on the Site. We have no duty to update the content contained on the Sites and We will not be liable for any failure to update such information.
Although each Member must agree to Our terms and conditions, We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain Personal Information about You due to Your use of the Service, and that the recipient may use such information. We are not responsible for the use of any such Personal Information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, DEFECT, VIRUSES, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
To resolve a complaint regarding the Service, You should first contact our customer service department. You can send email to supportstaff@zogo.com or call 2123307609
This Agreement is governed by the laws of the State of NEW JERSEY without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New Jersey. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Any part of this Legal Statement that is determined for any reason to be unlawful, invalid, void, or unenforceable shall not affect any other portion of this Legal Statement. This is the entire Agreement between Us as to the subject matter herein.
You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.