Terms of Service
Welcome to SameCell, a free mobile social networking service, operated by SameCell
Inc. By using the SameCell application and service (the "SameCell service"), you
accept and agree to be bound by the foregoing terms and conditions.
Changes to SameCell and terms and conditions
We reserve the right to modify or terminate the SameCell service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service on the samecell.com website.
Eligibility and Responsibilities
You must be 18 years or older to use the SameCell service. By activating a SameCell account, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with the sameCell Terms of Service.
- You agree not to use the SameCell service for any illegal or unauthorized purpose;
- You agree not to modify, adapt, translate, or reverse engineer any portion of the SameCell service;
- You agree not to remove any copyright, trademark or other proprietary rights notices contained in or on the SameCell service;
- You agree not to use any robot, spider, application, or other device to retrieve or index any portion of the SameCell service;
- You agree not to collect any information about other Members (including user names and/or email addresses) for unauthorized purposes;
- You agree not to create user accounts by automated means or under false or fraudulent pretenses;
- You agree not to create or transmit unwanted electronic communications such as "spam" to other Members or otherwise interfere with other Member's enjoyment of the service;
- You agree not to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
SameCell's proprietary rights
SameCell Inc. and its affiliates and licensors own and retain all rights in the SameCell Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SameCell, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of SameCell's proprietary information. "SameCell" and "samecell.com" are trademarks of SameCell Inc.
Safety & Privacy
The SameCell Service provides a means for you to connect with people you already know or people you wish to know based on personal preferences and geographical proximity. The SameCell Service uses a variety of methods including cellular network technologies and GPS technologies to estimate your proximity to other people of interest to you. SameCell's technology was not designed to track your precise location or movements, however others may be notified that you are nearby if your sameCell preferences are set to allow such notifications. To protect your privacy and personal security, it is imperitive that you have read and understand how the SameCell Service works before activating the service. You understand and agree that SameCell may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of SameCell, its affiliates or the public.
Disclaimer of Warranties
SameCell and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability of the SameCell service. SameCell disclaims any and all responsibility and liability for the conduct of any Member. SAMECELL PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SAMECELL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE SAMECELL SERVICE IS ENTIRELY AT YOUR OWN RISK.
hold harmless and indemnity
You agree to hold harmless and indemnify SameCell from and against any third party claim arising from or in any way related to your use of the SameCell service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SameCell will provide you with written notice of such claim, suit or action.
limitation of liability
UNDER NO CIRCUMSTANCES WILL SAMECELL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SAMECELL SERVICE, WHETHER OR NOT SAMECELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SAMECELL SERVICE, FROM INABILITY TO USE THE SAMECELL SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SAMECELL SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL SAMECELL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
Term and Termination
These Terms of Service will apply to your use of the SameCell service. At any time, you can deactivate your account which will remove your profile and other personal information from view. To learn how to deactivate your account go to the samecell.com website. We may terminate your account immediately at any time, for any reason. Once your membership terminates, you will have no right to use the SameCell service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Network Charges
A license to use the SameCell application and use of the SameCell Service are provided by SameCell Inc. free of charge to end users. Use of the SameCell Service on mobile devices requires a network data plan to enable communication between the SameCell mobile application and the SameCell servers. Additional charges may be incurred with your mobile network provider depending on the data plan you have. It is your responsibility to be aware of the fees assessed by your mobile network and to pay for these charges.
Miscellaneous Provisions
These Terms of Service will be governed by the laws of the province of Ontario, Canada. These Terms of Service constitute the entire agreement between you and SameCell with respect to the subject matter hereof and supersedes and replaces all prior agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
Changes to SameCell and terms and conditions
We reserve the right to modify or terminate the SameCell service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service on the samecell.com website.
Eligibility and Responsibilities
You must be 18 years or older to use the SameCell service. By activating a SameCell account, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with the sameCell Terms of Service.
- You agree not to use the SameCell service for any illegal or unauthorized purpose;
- You agree not to modify, adapt, translate, or reverse engineer any portion of the SameCell service;
- You agree not to remove any copyright, trademark or other proprietary rights notices contained in or on the SameCell service;
- You agree not to use any robot, spider, application, or other device to retrieve or index any portion of the SameCell service;
- You agree not to collect any information about other Members (including user names and/or email addresses) for unauthorized purposes;
- You agree not to create user accounts by automated means or under false or fraudulent pretenses;
- You agree not to create or transmit unwanted electronic communications such as "spam" to other Members or otherwise interfere with other Member's enjoyment of the service;
- You agree not to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
SameCell's proprietary rights
SameCell Inc. and its affiliates and licensors own and retain all rights in the SameCell Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SameCell, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of SameCell's proprietary information. "SameCell" and "samecell.com" are trademarks of SameCell Inc.
Safety & Privacy
The SameCell Service provides a means for you to connect with people you already know or people you wish to know based on personal preferences and geographical proximity. The SameCell Service uses a variety of methods including cellular network technologies and GPS technologies to estimate your proximity to other people of interest to you. SameCell's technology was not designed to track your precise location or movements, however others may be notified that you are nearby if your sameCell preferences are set to allow such notifications. To protect your privacy and personal security, it is imperitive that you have read and understand how the SameCell Service works before activating the service. You understand and agree that SameCell may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of SameCell, its affiliates or the public.
Disclaimer of Warranties
SameCell and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability of the SameCell service. SameCell disclaims any and all responsibility and liability for the conduct of any Member. SAMECELL PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SAMECELL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE SAMECELL SERVICE IS ENTIRELY AT YOUR OWN RISK.
hold harmless and indemnity
You agree to hold harmless and indemnify SameCell from and against any third party claim arising from or in any way related to your use of the SameCell service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SameCell will provide you with written notice of such claim, suit or action.
limitation of liability
UNDER NO CIRCUMSTANCES WILL SAMECELL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SAMECELL SERVICE, WHETHER OR NOT SAMECELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SAMECELL SERVICE, FROM INABILITY TO USE THE SAMECELL SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SAMECELL SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL SAMECELL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
Term and Termination
These Terms of Service will apply to your use of the SameCell service. At any time, you can deactivate your account which will remove your profile and other personal information from view. To learn how to deactivate your account go to the samecell.com website. We may terminate your account immediately at any time, for any reason. Once your membership terminates, you will have no right to use the SameCell service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Network Charges
A license to use the SameCell application and use of the SameCell Service are provided by SameCell Inc. free of charge to end users. Use of the SameCell Service on mobile devices requires a network data plan to enable communication between the SameCell mobile application and the SameCell servers. Additional charges may be incurred with your mobile network provider depending on the data plan you have. It is your responsibility to be aware of the fees assessed by your mobile network and to pay for these charges.
Miscellaneous Provisions
These Terms of Service will be governed by the laws of the province of Ontario, Canada. These Terms of Service constitute the entire agreement between you and SameCell with respect to the subject matter hereof and supersedes and replaces all prior agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.