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 .

Bro Disclaimer:

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