IHookup Now
Terms of Use Agreement
Welcome to IHookup Now, a service of Checkmate Mobile, Inc. (hereinafter
referred to as " Checkmate Mobile, Inc. " , "IHookup Now",
"IHookup Now Site", "iHookup App", "App", or "Site"). You must read and agree to
these terms and conditions before you may access or view our Site. Please read
them carefully. By visiting the IHookup Now Site and/or application, you are agreeing to its
terms. This Agreement is subject to change at any time and changes are
effective upon posting. Bookmark this page and check it frequently as it is up
to you to refer to this page for any amendments/changes to the original
Agreement.
1. Eligibility:
You must be 18 or over to register as a member of or use this Site. Membership
in the service is void where prohibited. By using and/or viewing this site, you
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of its terms and conditions, that you
are at least 18-years old, and that you are not prohibited by law from using
the Site.
2. Fees/Termination:
Site and related service usage and/or subscription fees and duration of
services were provided to you upon registration and may change from time to
time upon electronic notice to you. We use credit card processors or banks
outside the United States to process your transactions. In some instances, your
bank or credit card issuer may charge you a small "foreign transaction
fee." Before purchasing any service, please check with your bank or credit
card issuer for more information about its policies regarding foreign
transaction fees.
We reserve the right to
terminate your access to the Site for any reason or no reason. Checkmate
Mobile, Inc. may terminate your membership upon sending notice to you at the
email address you provide in your application for membership or such other
email address as you may later provide to us or via any other method in its
sole discretion. If Checkmate Mobile, Inc. terminates your membership in the
IHookup Now service because you have breached this Agreement, in the sole
discretion of Checkmate Mobile, Inc. , you will not be entitled to any refund
of any unused subscription fees and thereby you agree to waive any claim to
such refund of fees. Upon termination of your membership for any reason or no
reason any and all points accumulated in any of the Site's programs shall be
terminated with no liability to you. You expressly acknowledge that any program
providing points or other credits and your participation in it can be
terminated in the sole discretion by Checkmate Mobile, Inc. at any time with no
liability to you whatsoever and that you did not join or remain a member of the
Site or any other services in reliance on any such program(s), or the use or
availability of such points or credits, or the continuation of the program(s).
Points and credits have no monetary value whatsoever and may not be transferred
to other persons. Even after this Agreement is terminated certain provisions
will remain in effect, namely Sections 1, 3, 4, 5, 7, 9 10, 11, 12, 13, 14,
inclusive, of this Agreement.
You, the buyer, may cancel this agreement, without any penalty or
obligation, at any time prior to midnight of the original contract seller's
third business day following the date of this contract, excluding Sundays and
holidays. To cancel this agreement, mail or deliver a signed and dated notice,
or send a telegram which states that you, the buyer, are canceling this
agreement, or words of similar effect. This notice shall be sent to: Checkmate
Mobile, Inc. , Customer Service-Cancellations, 7960 B Soquel Dr, Aptos, CA 95003
If by reason of death
or Disability you, the buyer, are unable to receive all services for which the
buyer has contracted, the buyer and the buyer's estate may elect to be relieved
of the obligation to make payments for services other than those received
before death or the onset of Disability. "Disability" means a
condition which precludes the buyer from physically using the services
specified in the contract during the term of disability and the condition is
verified in writing by a physician designated and remunerated by the buyer. The
written verification of the physician shall be presented to Checkmate, the
seller. If you, the buyer, have prepaid any amount for services, so much of the
amount prepaid that is allocable to services that the buyer has not received
due to death or Disability shall be promptly refunded to the buyer or his or
her representative. This provision 2 (b) shall supersede any other provision's
terms that are contrary herein.
3. Non-Commercial Use
by Members/Viewers:
This IHookup Now site is for the personal use of individual members and viewers
only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become members of this
IHookup Now site and shall not use the IHookup Now service or site for any
purpose including but not limited to: sending unsolicited commercial e-mail to
members, sending advertisements for other web sites and services in this site's
chat rooms, or using member personal identifying information for commercial
purposes. Illegal and/or unauthorized uses of the site, including unauthorized
framing of or linking to the site or the sending of unsolicited commercial email
will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress and/or termination
of membership at IHookup Now's sole discretion. In order to prevent the sending
of unsolicited commercial email or chat messages to its members, Checkmate
Mobile, Inc. may take reasonable steps, including the limiting of the numbers
of emails or chat messages sent or received by a member and electronically
filtering or throttling or terminating e-mail and chat messages at Checkmate
Mobile, Inc. 's sole discretion.
4. Proprietary Rights
of Content on IHookup Now:
Checkmate Mobile, Inc. owns and retains other proprietary rights in the IHookup
Now site and the IHookup Now service. The site contains the copyrighted
material, trademarks, and other proprietary information of Checkmate Mobile,
Inc. , and its licensors. Except for that information which is in the public
domain or for which you have been given permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
5. Content Posted on
the Site/CDA:
A) Checkmate Mobile, Inc. claims immunity from liability to the fullest extent
under the law and as provided under the Communications Decency Act for Content
provided by third parties and members and nothing in this Agreement is intended
to waive, remove, or usurp such immunity. You understand and agree that
Checkmate Mobile, Inc. may delete any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment Checkmate Mobile, Inc. violates
the Terms of Use or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Checkmate Mobile, Inc. and/or its
members.
B) You are solely
responsible for the content that you publish or display (hereinafter,
"post") on the IHookup Now, or transmit to other Checkmate Mobile,
Inc. members.
C) By posting content
to any public area of IHookup Now, you automatically grant, and you represent
and warrant that you have the right to grant, to Checkmate Mobile, Inc. and its
members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide
license to use, copy, perform, display, and distribute such information, rights
of publicity, and content and to prepare derivative works of, or incorporate
into other works and other media, such information and content, and to grant
and authorize sublicenses of the foregoing. For privacy terms, please refer to
our Privacy Policy.
D) Checkmate Mobile,
Inc. will investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation,
removing the offending communication from the site or service and terminating
the membership of such violators. The following is a partial list of the kind
of content that is illegal or prohibited on the site - it includes content
that: is patently offensive to the online community, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual; harasses or advocates harassment of another person or invades
their privacy; involves the transmission of "junk mail", "chain
letters," or unsolicited commercial e-mail or "spamming";
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous; promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files; contains restricted or
password only access pages, or hidden pages or images (those not linked to or
from another accessible page); displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from anyone
under 18; provides content that involves cursing, swearing, incest, falsifying
gender, violence, necrophilia, impersonating another member, threat of suicide
or harm to oneself or others, drug paraphernalia, or bestiality; provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; sending advertisements in chat or
instant messaging messages; and engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
E) You must use the
IHookup Now service in a manner consistent with any and all applicable laws and
regulations.
F) You agree that you
will not use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained herein without our prior
expressed written permission. You agree that you will not use any device,
software or routine to bypass or to interfere or attempt to interfere with the
proper working of the IHookup Now Site. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on a real time
basis and is proprietary or is licensed to Checkmate Mobile, Inc. by our users
or third parties.
G) You may 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 IHookup Now members. Although Checkmate Mobile,
Inc. cannot monitor the conduct of its members off the IHookup Now site, it is
also a violation of these rules to use any information obtained from the
service in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any member without their prior
explicit consent.
H) Your profile (and
its contents) may be searchable by, and you may be able to search for the
profiles (and their contents) of, members registered to other Friendfinder
Network operated and "powered by" websites, e.g. co-branded,
privately labeled, etc. This feature may allow you to interact with additional
members of Friendfinder Network websites.
I) Your profile (and
the contents thereof) may be searchable by third-party publicly available
search engines.
6. Copyright
Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights or otherwise have a
valid basis under the law, including "fair use". Without limiting the
foregoing, if you believe that your work has been copied and posted on the
IHookup Now service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information consistent with the
Digital Millennium Copyright Act (DMCA): 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 our site including the URLs of web pages and/or hyperlinks; your address,
telephone number, and email address; 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; 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.
Checkmate Mobile, Inc. 's Copyright Agent for Notice of claims of copyright
infringement or those under the DMCA can be reached as follows:
General Counsel, Checkmate Mobile, Inc.
7960 B Soquel Dr, Aptos, CA 95003 United States
It is the intention of
Checkmate Mobile, Inc. to fully comply with the DMCA, including the Notice and
"take down" provisions and to benefit from the safe harbors
immunizing it from liability to the fullest extent provided by law, and to the
extent the Notice and "take down" requirements above deviate from the
requirements under the DMCA then the Notice requirements as provided by the
DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
Checkmate Mobile, Inc. does not solicit or control the information provided by
other users that is made available through our system. You may find other
user's information to be offensive, harmful, inaccurate and/or deceptive. If
so, please request a profile review using the link provided on the memberŐs
profile page or at various other places throughout the website. Please also use
caution, common sense, and safety when using our site. You are solely
responsible for your interactions with other IHookup Now members. Because it is
not involved in member interactions, in the event that you have a dispute with
one or more members or those who have posted, viewed and/or used information on
the IHookup Now site, you release Checkmate Mobile, Inc. , including its
officers, directors, agents, subsidiaries and employees, from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes. If you are a California resident,
you waive California Civil Code ¤ 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor." Checkmate
Mobile, Inc. reserves the right, but has no obligation, to monitor disputes
between you and other members.
8. Privacy:
Use of the IHookup Now site and/or its service is governed by our Privacy
Policy, which may change from time to time upon electronic notice to
you.
9. Disclaimers:
Checkmate Mobile, Inc. , including its officers, directors, agents,
subsidiaries and employees is not responsible for any incorrect or inaccurate
content posted on the IHookup Now site or in connection with the IHookup Now
service, whether caused by users, members or by any of the equipment or
programming associated with or utilized in the service, nor for the conduct of
any user and/or member of the IHookup Now service whether online or offline.
Checkmate Mobile, Inc. assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user and/or member communications. Checkmate Mobile, Inc. is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any website or combination thereof,
including injury or damage to users and/or members or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the IHookup Now site and/or in connection with the IHookup Now
service. Under no circumstances Checkmate Mobile, Inc. , be responsible for any
loss or damage resulting from anyone's use of the Site or the service and/or
any content posted on the IHookup Now site or transmitted to IHookup Now
Members. The Site and the service are provided "AS-IS" and Checkmate
Mobile, Inc. expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Checkmate Mobile, Inc. cannot guarantee and does
not promise any specific results from use of the site and/or the IHookup Now
service.
10. Limitation on
Liability:
Except in jurisdictions where such provisions are restricted (and in that event
liability is disclaimed to the fullest extent permitted by law), in no event
will Checkmate Mobile, Inc. be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Site or the IHookup Now service,
even Checkmate Mobile, Inc. has been advised of the possibility of such
damages. You further agree to hold Checkmate Mobile, Inc. , including its
officers, directors, agents, subsidiaries and employees harmless for claims
arising in the event that other userŐs profile ultimately proves to be
offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to
the contrary contained herein, Checkmate Mobile, Inc. 's 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 IHookup Now for the service
during the term of membership.
11. U.S. Export
Controls:
Software from this site is further subject to United States export controls. No
software from this Site may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
12. Arbitration of
Disputes:
Any and all disputes arising out of or related to these Terms of Use and/or
your relationship with Checkmate Mobile, Inc. and/or your use of this Site
shall be submitted to binding arbitration according to the rules of the
American Arbitration Association. The parties to the arbitration shall evenly
divide any and all costs of the arbitration. Neither party shall be entitled to
attorney fees. All parties submit to exclusive jurisdiction in Santa Clara
County, California. The arbitration shall take place exclusively in Santa Clara
County, California at JAMS before a retired judge and shall be governed by
California law without regard to its conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold Checkmate Mobile, Inc. , its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the service in
violation of this Agreement and/or arising from a breach of these Terms of Use
and/or any breach of your representations and warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal
mail to:
General Counsel, Checkmate Mobile, Inc.
7960 B Soquel Dr, Aptos, CA 95003
or to the email address
you provide to IHookup Now during the registration process. Notice shall be
deemed given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, Checkmate Mobile, Inc. may
give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to IHookup Now during the registration
process. In such case, notice shall be given 3 days after the date of mailing.
You agree that this Agreement and all incorporated Agreements may be
automatically assigned by Checkmate Mobile, Inc. , in our sole discretion, to a
third party. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. References to
Checkmate Mobile, Inc. shall include its subsidiaries, affiliates, officers,
agents, and other partners and employees. Checkmate Mobile, Inc. 's failure to
act with respect to a breach by you or others does not waive its right to act
with respect to subsequent or similar breaches. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
Checkmate Mobile, Inc. is located at:
7960 B Soquel Dr, Aptos, CA 95003