Terms &
Conditions

Privacy Policy

HeTexted, Inc.

Last Updated: 9th May, 2013

HeTexted, Inc. (“HeTexted,” “we,” “us,” or “our”) provide this Privacy Policy because we know that you care about how your information is collected, used, shared and retained. This Privacy Policy applies to information collected when you visit http://HeTexted.com (the “Website”), or use the services that we make available via the Website from time to time (the “Services”). Our Services may include offering you the opportunity to post information, data, text, graphics and other materials (“User Generated Content”) on the Website and to become a registered user of the Website. By visiting the Website or using the Services, you consent to our collection, use, disclosure and retention of your information as set forth in this Privacy Policy.
The Information We Collect. Hetexted collects the following types of information via the Website, both directly from you and indirectly through our third party service providers (our “Providers”).

Personal Information

We do not collect any personal information from you unless you voluntarily provide it to us. If you sign up to become a Registered User or use the Services, you will be asked to provide us with certain personal information, such as your email address. If you sign-in through Facebook Connect, Twitter Connect or another social media site, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information which you authorized the social media site to release to us through their respective Application Programming Interface or API. This information may include, without limitation, your first and last name, social media usernames, profile picture, unique identifiers and access tokens, and e-mail address. In this Privacy Policy, we refer to this and any other information that identifies you as “Personal Information.”

Other Information

Like most websites, we use automatic data collection technology when you visit our Website or use the Services. We may collect information such as your IP address, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, number of links you click while on the Website, search terms, operating system, website traffic and related statistics, keywords and/or other data.

How We Use Your Information

We may use your Personal Information in a manner that is consistent with this Privacy Policy. If you provide Personal Information for a certain reason, we may use such Personal Information in connection with the reason for which it was provided. For instance, we will use Personal Information to administer access to the Website and the Services; to improve the Website and the Services; to permit our Providers to process purchases via the Website; to provide the Services and respond to other inquires including posting certain Personal Information on the Website for purposes of providing the Services; to provide support; provide you with additional information about our products and services; and permit third parties to use Personal Information and Other Information to provide you with information and advertisements about their products or services. You have the right to correct or modify your Personal Information by providing notice to us. (see “How to Contact Us”).
If we intend on using any of your Personal Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Information is collected. You may choose not to submit your Personal Information at any time, but that decision may prevent you from accessing and/or using certain of the Services.
We may block users located in certain countries from using the Website. We may retain and use your Personal Information and Other Information for as long as is required to fulfill our business objective, even after your account is terminated.
Aggregated Personal Information. We may analyze your Personal Information in aggregate form which does not identify you personally. We may share this aggregate data with our affiliates, agents, advertisers, manufacturers and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

Sharing Your Information

There are certain circumstances where we may share your Personal Information and/or Other Information with third parties without notice to you, including:
• Agents, Consultants and Related Third Parties. We, like many businesses, sometimes hire other companies to perform certain business-related functions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. We may also share your information with any of our parent companies, subsidiaries, or other companies under common control with us.
• Legal Requirements. We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect and defend our rights or property, (c) protect the personal safety of users of the Website or the public, or (d) protect against legal liability.
• Business Transfers. As we develop our business, we might share your information with Providers, business partners or third parties. We may also sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.
Data Collection Technologies. HeTexted and its Providers may use certain technologies, including the following:
• Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Website. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Website may not function properly and you may be precluded from using the Services. This Privacy Policy covers only Cookies used by us, and not any cookies used by third parties.
• JavaScript tags trigger a sequence of events that includes viewing a first-party cookie (or setting that cookie if it does not already exist). We may use JavaScript tags to help us tailor and optimize our Website and provide you relevant Hetexted advertisements outside of our Website.
• Web beacons, also known as “clear gif” technology, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web site users. Unlike cookies, which can be stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may use web beacons to help us manage User Generated Content on the Website by tracking what User Generated Content is effective.

External Websites

The Website may contain links to third party websites. Hetexted has no control over the privacy practices or the User Generated Content of these websites. As such, we are not responsible for the User Generated Content or the privacy policies of those third party websites. You should check the applicable third party privacy policy and terms of use when visiting any other websites, and before providing any Personal Information to other websites.

User Generated Content

Any User Generated Content or Personal Information published on the Website is public and accessible by any third party. Any User Generated Content or Personal Information published on the Website may also appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third party websites pursuant to cobranding agreements. We have no control over updating and/or removal of such User Generated Content or Personal Information, which is the sole responsibility of the search engines, third party websites and RSS web feed resources. You agree and acknowledge that HeTexted is not be liable for the information published in search results or by any third party website that carries any User Generated Content or Personal Information published on the Website. We strongly discourage posting any information on these features or in any User Generated Content or Personal Information posted by you that you do not want others to see or use.
We have no obligation to review or edit the User Generated Content, Personal Information or any other communications and materials posted to or created by users that visit the Website or use the Services. You acknowledge that by providing you with the ability to post, view and distribute communications, User Generated Content and Personal Information on the Website, Hetexted is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating thereto. However, we reserve the right to block or remove communications, User Generated Content, Personal Information or other submissions to the Website, for any reason in our sole and absolute discretion.

Advertising

We allow Providers to serve advertisements when you visit the Website. These Providers may use non-personal information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected during your visits to the Website and third party websites to provide personalized advertisements regarding goods and services likely to be of interest to you. The Providers may combine and compare your information with other databases, perform, or have performed, cookie synchs, and otherwise use your information for commercial purposes including disclosure to us. You may opt out of targeted advertising for all member ad networks of the National Advertising Initiative by visiting: http://www.networkadvertising.org/.

Security

We take commercially reasonable steps to protect your Personal Information and Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Secured socket layer (“SSL”) technology is used for processing payment transactions with Providers. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of Personal or Other information or User Generated Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party.
The information you provide upon registration is also protected by a unique customer password and user ID (“Password and ID”). You should not disclose your Password and ID to anyone and you should always remember to log off if using a shared computer. You are solely responsible for maintaining the confidentiality of your Password and ID, and for any use of your Password and ID, whether or not you have authorized such use.

Accessing and Modifying Information

Upon request, we will grant you reasonable access to Personal Information that we and our agents have about you for the purpose of reviewing and/or requesting changes. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

Website Communications

If you register on the Website, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. In order to opt-out of receiving these notices, you may need to deactivate your account.

You can opt out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Website, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from Hetexted related to your account.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Please be aware that, to the extent permitted by applicable law, our use of the Personal Information and Other Information is governed by the Privacy Policy in effect at the time we collect the information. If you visit the Website or use the Services after a change to this Privacy Policy is posted on the Website, you will be bound by such change. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact HeTexted via e-mail at elizabeth@HeTexted.com with “PRIVACY POLICY” in the subject line or at the contact information set forth in the Contact page of the Website.

Terms of Use

Last updated: February 24th, 2013

Welcome! Please take a moment to scroll down and read these Terms of Use.

HeTexted, Inc., (“HeTexted,” “we,” “us,” or “our”) owns and operates the website located at http://HeTexted.com (the “Website”). These Terms of Use state the terms and conditions under which you may use the Website and the services that we make available via the Website from time to time (the “Services”). Please read these Terms of Use carefully. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website or the Services. These Terms of Use may be updated by us from time to time without notice to you.

The Services

Through the Website, we may offer various Services from time to time. Services may include an online platform that allows Registered Users to seek advice in connection with dating and relationship issues by posting texts and other content and seeking answers or advice from other Registered Users. The Services also offer a paid feature where Registered Users can engage the services of a dating advice expert (“Bro”) for opinion, in depth answers and/or situation and text analysis. Users may leave feedback on Bro’s profile page and rate the quality and effectiveness of the Bro’s advice.

Registration

You are welcome to browse the Website as a visitor without providing any information to us. If you would like to use the Services, you will need to register as a user (a “Registered User”) by creating an account. During the registration process, if you do not login through social media sites, you will have to provide your email address and create a user name and password for your account. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason at our sole discretion.

Use of Personal Data

Your use of the Website and/or the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy http://hetexted.com/privacy, which is hereby incorporated by reference in its entirety.

Intellectual Property

(a) HeTexted Content. The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of HeTexted (collectively referred to as the “HeTexted Content”). The HeTexted Content may be owned by us or by third parties, and is protected under both United States and foreign laws. The HeTexted Content includes the trademarks, service marks, and logos of HeTexted used and displayed on the Website and the Services, which are registered and unregistered trademarks or service marks of HeTexted.

Except as otherwise provided in this Agreement, you have no rights in or to the HeTexted Content, and you must not:
• Use the HeTexted Content except as permitted under this Agreement;
• Use our trademarks except with our permission for each use;
• Remove any copyright or other proprietary notices contained in the original HeTexted Content on any copy you make of the HeTexted Content;
• Sell, transfer, assign, license, sublicense, or modify the HeTexted Content or use the HeTexted Content for any public or commercial purpose;
• Use or post the HeTexted Content on any other website or in a networked computer environment. HeTexted retains the right to charge any other website or entity using HeTexted's content without HeTexted's express permission. The service fee will be set by HeTexted and is non-negotiable.

(b) User Generated Content. Registered Users may post and/or create User Generated Content. We cannot and do not review it all--we are merely acting as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion.

Remember, once you submit User Generated Content through the Services, including any Personal Information, it may be accessible by others.

You retain all copyrights and other intellectual property rights in and to anything you upload to the Website, but we need the right to use the User Generated Content that you provide through the Services. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish, publicly perform, and publicly display your User Generated Content and associated works, along with the right to excerpt, analyze, index, and create derivative works from your User Generated Content and associated works, and to likewise use the names, images, likenesses, and photographs of all those affiliated with your User Generated Content.

Community Guidelines

HeTexted’s community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Services, you hereby agree that:

• You will not use the Services for any unlawful purpose;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
o is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
o discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will not “stalk” or otherwise harass another;
• You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
• Let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.

Disclaimer and Limitation of Liability

NONE OF HETEXTED, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “HETEXTED PARTIES”) ENDORSE ANY BRO’S OR USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY REGISTERED USERS OR THE BROS) SUBMITTED THROUGH THE WEBSITE OR THE SERVICES. YOU ACKNOWLEDGE THAT THE WEBSITE MERELY ACTS AS A VENUE THAT BRINGS REGISTERED USERS AND BRO’S TOGETHER. NONE OF THE HETEXTED PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY COMMUNICATION OR INTERACTION BETWEEN THE REGISTERED USERS AND/OR THE BRO’S OR FOR ANY RESULTS CAUSED BY USING THE SERVICES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL HETEXTED CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE HETEXTED PARTIES WARRANT THAT THE WEBSITE OR THE SERVICES, HETEXTED CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HETEXTED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES.

IN NO EVENT SHALL THE HETEXTED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF THE HETEXTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE HETEXTED PARTIES LIABILITY FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS HETEXTED PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE SERVICES OR THE HETEXTED CONTENT IS TO STOP USING THIS WEBSITE AND THE SERVICES.

External Sites

This Website may contain links to third-party websites (“External Sites”), but HeTexted does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Advertisements on this Website

We allow Providers to serve advertisements when you visit the Website. These Providers may use non-personal information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected during your visits to the Website and third party websites to provide personalized advertisements regarding goods and services likely to be of interest to you. The Providers may combine and compare your information with other databases, perform, or have performed, cookie synchs, and otherwise use your information for commercial purposes including disclosure to us. You may opt out of targeted advertising for all member ad networks of the National Advertising Initiative by visiting: http://www.networkadvertising.org/.

Indemnification

You agree to defend, indemnify, and hold HeTexted Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Website, HeTexted Content, or the Services; (iii) any User Generated Content provided through your account; and (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

Compliance with Applicable Laws

The Website and the Services are based in the United States, and are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the HeTexted Content and/or the User Generated Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services, the HeTexted Content, or the User Generated Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

We may terminate this Agreement and your access to all or any part of the Website or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

Copyright Complaints

If you believe this Website contains any content that infringes your copyright, please refer to our Copyright Infringement Notification Procedures.

Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Website shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by HeTexted to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. This Agreement contains the entire agreement of the parties concerning this Website, the Services, and the HeTexted Content and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website.

Questions or comments regarding this Website, including any reports of non-functioning links, should be submitted using our email address: kenny@HeTexted.com, or via U.S. mail to HeTexted, 902 Broadway, 4th Floor, New York, NY 10010. We try to respond in a timely manner but are not always able to do so.

Copyright Infringement Notification Procedures

All notices submitted hereunder must include the following:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number and email address;
• A 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
• 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 duly authorized to act on the copyright owner’s behalf.

Trademark, Copyright agent:

RAJ ABHYANKER of RAJ ABHYANKER, P.C., 1580 W EL CAMINO REAL STE 8, MOUNTAIN VIEW, CA 94040-2462 .

Advisor Disclaimer:

Advisor advice is not foolproof! HeTexted is not liable for any broken hearts, misconstrued texts or failed romances. Advisors offer insight, strategy and advice. The rest remains up to you!