Mobilefunster, Inc. (MYSMSCHAT) encourages users to read all the Terms and Conditions and Privacy Policy before completion of service registration and the Terms constitute an entire legal agreement between users and MYSMSCHAT respect to the Service hereof. Mobilefunster, Inc. hereinafter referred as "MYSMSCHAT".

In this Agreement, "You", "Your", "User" refers to the party utilizing MYSMSCHAT's services. "We", "Us", "Our" refers to Mobilefunster, Inc..

1. Access
You represent that you are of legal age of 18 to agree to the Terms and Conditions and Privacy Policy. Neither MYSMSCHAT nor the Services are intended to be used by, and are not directed to, children who are under 18 years of age. MYSMSCHAT will treat all visitors and registered users the same and shall not be responsible for ensuring that parental consent has been obtained. You have consent of the subscription service and agree on behalf of the subscriber and yourself to be bound by the Terms & Conditions of this Agreement. Failure to comply with this Agreement may result in legal actions.

2. MYSMSCHAT Services
MYSMSCHAT provides a one-to-one SMS Chat Service to meet new people. As a user, you shall acknowledge and agree that the SMS Chat Service is for your personal use. Quality and integrity of data and communication is of prime importance to us. By joining the MYSMSCHAT Services, Members guarantee that all data supplied by him or her is accurate and true. Members are directly and indirectly liable for any improper or illegitimate use of the MYSMSCHAT Services, whether initiated by themselves or by third parties who have access on the members’ behalf. MYSMSCHAT reserves the right to change the Terms and Conditions at any time and without notice, as well as amend the content of the MYSMSCHAT Services.

a) Registration
MYSMSCHAT Services are provided only if you have successfully completed the registration, and you must pay the subscription fee. MYSMSCHAT will not be responsible for any damage and loss for your cell phone or devices and any upgrades and the additional software required shall be at your own expense. You shall ensure your mobile device or software do not interfere MYSMSCHAT's operation. MYSMSCHAT reserves the right to disconnect and terminate the Service if a device is found to be causing interference. Unless explicitly stated, any new release of products and services shall be subject to the Terms of this Agreement.

MYSMSCHAT may still provide you access to certain Services without your registration, in which case MYSMSCHAT, in its sole discretion, shall determine what means of identification shall be appropriate for your use of those Services.

b) Subscription Plans
You on behalf of the subscriber are consent to the Subscription Plans. MYSMSCHAT may modify the Service form time to time, for any reason, without notice. We reserve the right to terminate this Service with or without prior notice.

MYSMSCHAT introduces the Service offering subscription SMS Chat Service. Subscriber's subscription to the service will be automatically renewed as stated below upon expiration of the initial term, unless it is cancelled by you following the unsubscribing instruction. The details of the Subscription Plan such as the renewal of a plan are incorporated into this Agreement by this reference and form part of the terms of this Agreement. You shall read carefully the current Subscription Plans MYSMSCHAT has offered including the renewal period of a particular plan before signing up a subscription.

After you have signed up a subscription plan, input your cell phone number and PIN code and you may view the details of your plan under "My Profile". The Subscription Plan begins upon your request and will provide you with access to the Services. The valid access maybe based on user name and PIN code generated for a particular purpose or on other data that MYSMSCHAT deems sufficient to make your access identifiable.

c) Registration Data
If you register for a Service on MYSMSCHAT, you shall

  1. Provide true, accurate and complete personal information. (Registration Data) and
  2. Maintain and update the Registration Data to keep it true, accurate, current and complete. You shall update your Registration Data as set forth in the Privacy Policy. By completing your registration, and based on the Registration Data you provide, MYSMSCHAT will establish a membership account for you (the "Account").

If MYSMSCHAT believes that your Registration Data is untrue, inaccurate or incomplete, MYSMSCHAT reserves the right to suspend or terminate any Service then being provided to you, as well as your Account, and refuse to provide you with any future use of the Service (or any portion thereof). You acknowledge and agree that MYSMSCHAT may rely on the Registration Data to send you important information and notices regarding your uses, Account and the Services, as further set forth in the Privacy Policy. MYSMSCHAT shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your Account. MYSMSCHAT shall not be responsible for verifying your Registration Data.

d) User Name and Password
If you register for Services on http://www.mysmschat.com, MYSMSCHAT will set up an Account for you. You may be required to obtain a user name and PIN code. Getting the user name and the PIN code, you can view and manage your Account at "My Profile" after you have signed in. You acknowledge and agree that MYSMSCHAT may process all Account transactions, including, but not limited to, registration for additional Services that are initiated through the use of your user name and PIN code.

You are solely responsible for maintaining the confidentiality of your user name and PIN code.

The user name and PIN code created upon registration play a critical role in your personal information security. MYSMSCHAT will not be held responsible for any unauthorized access of illegal or unauthorized use of information or your information is accessed through unauthorized or improper use of your Account or membership privileges due to your failure to secure your PIN code. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities incurred by you as a result of the use of your user name and PIN code, and that in no event shall MYSMSCHAT be liable for any unauthorized use or misuse of your user name and/or PIN code.

MYSMSCHAT may need to change user names allocated to certain of its Services and reserves the right to make such changes. You will be notified of such change by MYSMSCHAT, if necessary to continue Service.

e) Interruptions or Discontinuation of Service
MYSMSCHAT reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by MYSMSCHAT we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 12 of this Agreement.

f) Third Party Products and Services
We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that MYSMSCHAT shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.

3. Privacy
You acknowledge that MYSMSCHAT may collect and process your personal information including, but not limited to information that could be used to contact you, such as full name, postal address, cell phone number and e-mail address. We may collect demographic and usage information including, but not limited to information that you submit for voting polls, surveys, contests and that is neither personal information nor financial information but necessary for the proper functioning and billing of our Service such as the date regarding the start and end and the extent of your usage of the Service. You are consent to transfer your personally identifiable information to MYSMSCHAT to contact you electronically in delivering notices related to your use of the Service and the website. For more details, please read Privacy Policy.

For AT&T Wireless and T-Mobile users, you acknowledge that MYSMSCHAT is an operator-assisted chat service. This is to protect users from disclosing any personal information to strangers during chatting. MYSMSCHAT operators are under strict supervision and must follow code of conduct always.

4. Service Fees
Following Terms & Conditions in http://www.mysmschat.com ,the amount of fees for the Subscription Plans or a particular Plan in a particular subscription period are identified and available. You agree to pay your telecommunication carrier or device operator the fee that corresponds to the Subscription Plan that you have selected with the fees in effect at the time of your order. The charges shall be invoiced on the bill from your telecommunication carrier unless otherwise indicated. All fees are subject to change upon notice from MYSMSCHAT and MYSMSCHAT will provide you with notice of such change(s). If you do not accept the new fees, you have fourteen (14) days from the date of such notice to cancel your Subscription Plan and/ or Account which will be made effective at the end of the subscription period. All fees are due immediately and are non-refundable, unless otherwise indicated.

5. Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:

  1. You are solely responsible for any information that you display when using the Service or to other members. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
  2. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings, which contain actual sexually explicit conduct, libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
  3. You will not forward chain letters through the Service;
  4. You will not use the Service to infringe the privacy rights, property rights, or other civil rights of any person;
  5. You will not post message, pictures or recordings or use the Service in any way which
    1. violates, plagiarizes or infringe upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights or
    2. is fraudulent or otherwise unlawful or violates any law; and if you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
  6. Your use of the Service is for your own personal use. You may not authorize others to use the Service and you may not transfer accounts with other users.
  7. You will not use the service to distribute, promote or otherwise publish any materials containing any solicitation for funds, advertising or solicitation for goods or services.
  8. You are aware the Service may contain explicit adult oriented materials provided by consenting users.

6. Limitations on Liability
IN NO EVENT SHALL Mobilefunster, Inc. BE RESPONSIBLE FOR, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF:

  1. YOUR BREACH OR VIOLATION OF THE TERMS & CONDITIONS OF THIS AGREEMENT;
  2. YOUR ACCESS AND USE OF MYSMSCHAT SERVICE;
  3. YOUR INABILITY TO ACCESS OR USE MYSMSCHAT SERVICES FOR ANY REASON;
  4. YOUR ACTIVITIES OF DOWNLOADING ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR
  5. YOUR RELIANCE UPON OR USE OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR THE COLLECTIVE WORK, EVEN IF MYSMSCHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Mobilefunster, Inc.'S LIABILITY IS LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO Mobilefunster, Inc. FOR USE OF THE SERVICE. THE LIMITATION WILL APPLY TO ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

7. Disclaimer on Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLEY AT YOUR OWN RISK. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT Mobilefunster, Inc. SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYSMSCHAT MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT MYSMSCHAT'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, MYSMSCHAT, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF MYSMSCHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE STATES DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE STATES.

8. Advice Columnists
MYSMSCHAT Services may from time to time include messages from advice columnists who respond to “relationship” questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counsellor with respect to such issues.

9. Complaints
To resolve or report a complaint regarding MYSMSCHAT Services or members who uses the Services users should email to . Immediate actions will take place in order to help and solve the problem.

10. Indemnification
You shall defend, indemnify and hold harmless MYSMSCHAT and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attomeys' fees and costs, arising out of, or attributable to:

  1. Any breach or violation of this Agreement by you;
  2. Your failure to provide accurate, complete and current personally identifiable information requested or required by MYSMSCHAT;
  3. Your access or use of MYSMSCHAT Services;
  4. Your access or use of MYSMSCHAT Services under any user name and PIN code that may be issued to you; and
  5. Your use of any Service stated in the Subscription Plan.

11. Termination and Cancellations of Services
If you wish to terminate or cancel your Subscription Plan(s), (i) you may go to "My Profile" after you have inputted your cell phone number and PIN code to deactivate your request from http://www.mysmschat.com (ii) send a text message with the text STOP from your mobile device via SMS to our short code, 30477. (iii) send an e-mail to , (iv) or contact our customer services representatives at 1877 661 1136. The termination shall become effective at the end of the billing period upon your notification of termination.

You agree that MYSMSCHAT, at its sole discretion, may terminate your use of the Service at any time and Subscription Plan(s) or individual service provided via the Service and/or change its content offering made available through the Service, if we believe that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, MYSMSCHAT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MYSMSCHAT shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan(s) for any reason, MYSMSCHAT will not refund any fees you paid to date, except as expressively provided in this Agreement.

12. Agreement Amendments
Mobilefunster, Inc. reserves the right to update, amend and/or change this Agreement any time in its sole discretion and without notice. You are encouraged to read this Agreement from time to time in order to review any changes that have been made. The effective date of this Agreement is 08 May 2006. We appreciate your continued access and use of the Service of MYSMSCHAT following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Miscellaneous Provisions

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

No waiver of any portion of this Agreement shall be effective unless it is in writing and signed by an authorized representative of MYSMSCHAT. The failure of MYSMSCHAT to require performance of any obligation hereunder shall not affect the MYSMSCHAT's right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by MYSMSCHAT from time to time, shall survive your acceptance of this Agreement, the termination of your use of MYSMSCHAT Service, and the termination of your use of the Service.

MYSMSCHAT shall serve notices related to this contract by posting them on the website or by sending them to the postal address or electronic mail address provided by you or as a text message to your cell phone number associated with your account. Notices sent by mail shall be deemed received seven days after they are being sent. Notices posted on the website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

In the event this Agreement terminates as provided herein, Sections 2(b), 2(e), 2(f), 3, 4, 5(a), 5(b), 5(c), 5(d), 5(e), 5(f), 5(g), 5(h), 6, 7, 8, 9, 10, 11, 12 of this Agreement shall survive such expiration or termination.