Terms and Conditions

General Provisions

Hobnobster.com (the "Service") is a wireless service provided by Feedtext Inc. ("Feedtext"), These Terms and Conditions will apply to all sales of mobile content ("Products") made to you, the subscriber (the “User”) via the Service and to the use of the Service. 

The Service is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, you must discontinue use of the Service immediately because by using or attempting to use the Service, you certify that you are at least 18 years of age. By clicking yes on the acceptance button on the Service, you warrant and represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions; (ii) you are at least 18; (iii) you are the owner of the mobile phone whose phone number you are entering, or if you do not own the mobile phone you have explicit permission from the owner of the phone to use the phone and to enter the phone number for such phone; and (iv) you are a resident of the U.S. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not complete the Purchase Process or attempt to access the Service. Your continued use of the Service indicates your knowledge and acceptance of this Agreement and any subsequent modifications, as may be posted here from time to time.

Please review these terms and conditions carefully before you start using this service. Use of the Service is conditioned on your acceptance without modification of the terms, conditions, and notices. Your use of the Service indicates your agreement to all such terms, conditions and notices. If you do not agree to the Terms, you may not use the Service. Feedtext reserves the right to modify this agreement at any time without notice. Modifications to this agreement will be effective immediately as of the date that modification is posted on the Service. You are responsible for regularly reviewing these terms and conditions for modifications. Your continued use of the Service indicates your knowledge and acceptance of the agreement and any subsequent modifications. 

Contact Information:  

Email Inquiries: legal [at] feedtext [dot] com   
Telephone Inquiries: (415) 839-0091   
US Mail Inquiries:   
     FEEDTEXT, Inc.   
     268 Bush Street, #4600 San Francisco, California 94104-3503, United States

Feedtext currently provides users with access to a collection of resources, including but not limited to, various communications tools, personalized content and branded programming through its network of properties. Please note that your profile information will be publicly available to other users. One benefit to the Feedtext service is to enable our users to meet and interact with other users. To promote community, we may facilitate interaction and communication between members. Additionally, if there appear to be common interests between you and other users (according to your profile information), we may send email or SMS messages that will introduce you to others or them to you. For this purpose, we may include your greeting and other profile information. For this community-related Service that is provided directly to your mobile phone, you will be charged. Profile information will NOT include personal data like your last name, email address or phone number. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including but not limited to the release of new Feedtext properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that Feedtext assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. Any undelivered services due to a user’s fault shall not be refunded or warrant any credit. Unless otherwise stated, all fees on the Service are quoted in United States Dollars. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and data, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Feedtext has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas and you have never been convicted of a felony or any criminal offense characterized as a sexual offense. Feedtext  shall not be liable for the misuse of your account by a minor for this service. Any charges incurred by a minor using your account shall solely be your responsibility. Please use the services responsibly.

YOU UNDERSTAND THAT FEEDTEXT MAY MODIFY SERVICES AT ANY TIME AND THAT FEEDTEXT SPECIFICALLY RESERVES THE RIGHT FROM TIME TO TIME TO ALTER THE NUMBER OF MESSAGES AND OTHER SERVICES OR ELIMINATE ANY OR ALL OFFERINGS ENTIRELY AT ITS SOLE DISCRETION, WITH OR WITHOUT NOTIFICATION. PLEASE CHECK BACK OFTEN TO UNDERSTAND THE LATEST AND CURRENT OFFERINGS.

Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Feedtext has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Feedtext has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Feedtext is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child. You agree to grant Feedtext a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense-able (through multiple tiers), right to exercise the copyright and publicity rights you have to your Registration Data and any information you provide to Feedtext or other users within publicly accessible areas of the Service or through the messaging service ("Your Information"), in any media now known or not currently known. Feedtext will only use the Registration Data and Your Information in accordance with Feedtext Privacy Policy.

Online Registration

You may also subscribe to the Service by registering as a user online, by following the registration instructions on Hobnobster.com. Feedtext has no means of verifying that the mobile number provided by you is actually your number. Therefore, at the moment of communicating your mobile number, you are representing to us that the mobile number being sent to us is, in fact, a mobile number belonging to you, or that you have the express authorization of the person to whom that number belongs to communicate that number to us in order to subscribe to the Service on behalf of that person. We will collaborate fully with relevant governmental authorities upon the notification of any abuse of this service by any user, and particularly, any user who communicates a mobile number to us without the authority to do so from the person to whom such mobile number belongs. In these circumstances, the Company will provide the relevant governmental authorities with all the information in its possession to identify the person(s) committing or responsible for the abuse. 

User Account, Password, and Security

You will receive confirmation of your sign up upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify Feedtext of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Feedtext cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Fees

The fees for the subscription plans to the Service you select are available on our Website. You agree to pay your mobile device carrier (“Carrier”) fees for the Service you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges will be invoiced on your Carrier's bill. All fees are subject to change upon notice from Feedtext. Feedtext will provide you with reasonable notice of such change. If you do not accept the new fees you can opt-out of the service by following the procedure described on Hobnobster.com. All fees are due immediately and are non-refundable, except as otherwise expressly noted. The subscription fee to send personalize messages is due upon subscribing to send personalize messages. You will be charged for every message you send and receive to and from a Hobnobster.com member via your mobile phone or via Hobnobster.com. Other carrier charges and other charges may apply. Please check pricing details on our website.

Member Subscription

This Service requires you to subscribe to a service via a double-opt in process using your mobile phone and Hobnobster.com. You are entirely responsible for any and all activities that occur under your mobile phone account. You agree to notify Feedtext immediately of any unauthorized use of your mobile phone account or any other breach of security. Feedtext will not be liable for any loss that you may incur as a result of someone else using your mobile phone account, either with or without your knowledge. However, you could be held liable for losses incurred by Feedtext or another party due to someone else using your mobile phone account. The Service subscription is not transferable, such that you may not authorize other persons to use your account. Any distribution by you of your mobile phone account may result in cancellation of your subscription without refund and in additional charges based upon unauthorized use. 

Product fees vary and are identified as part of the individual product description. When submitting or subscribing to a personalize message, unmask, send a text flower,  send a text smile, send a text hug, send an anonymous Hobnobster message, guess and other services provided by Feedtext in Hobnobster.com you will be charged by Reverse billed Premium Rate SMS. The amount will be deducted from your cellular account.

Auto-renewal.  You understand that your subscription to personalize message will be automatically extended for successive renewal periods of approximately the same duration as the originally selected personalize message subscription term, at the then-current personalize message subscription rate. You understand that you won’t be eligible for a prorated refund of any portion of the personalize message subscription fee paid for the then-current personalize message subscription period.  
You also agree that Feedtext will not carry over to the next billing period un-used credits on your  personalize messages subscription.

Important Notice: Your wireless-service provider may charge you for each text message you send and receive. These charges are in addition to the text messaging entry method fee. Please consult your wireless-service provider regarding their pricing plans. By joining Hobnobster.com Service, you agree to receive text messages (anonymous or not) from members of Hobnobster.com according to the terms of your subscription, and to pay the cost associated with such messages, all as described on Hobnobster.com.

We regret that we CANNOT offer refunds if you have disabled text messaging and/or web browsing on your phone. If you are uncertain about whether you have disabled text messaging and/or web browsing on your mobile phone, please check with your cell phone carrier or contact us before you subscribe.

User Conduct

You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not Feedtext, are entirely responsible and liable for all activities conducted through your Account. Feedtext does not control the Content posted or transmitted in any way via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Feedtext be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in Feedtext terminating your Account. You agree not to do any of the following actions while using the Service:

  1. Impersonate in the Service any person, including but not limited to, an Feedtext official, forum leader, guide or host;
  2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service;
  3. Harass, "stalk", threaten, embarrass or cause distress or discomfort to another Feedtext participant, user, or other individual or entity;
  4. Provide or send any content which may be harmful or detrimental to Feedtext or its business associates, or which violates any restriction or policy established by Feedtext or its business associates.
  5. Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
  6. Upload, post, email, SMS, or otherwise transmit via the Service any Content that Feedtext considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
  7. Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants;
  8. Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
  9. Using the Services to transmit, route, provide connections to, or store any material that infringes copyrighted works or violates or promotes the violation of the intellectual property rights of any user or other entity, or using as group names or email addresses, terms which may violate the trademark rights of third parties.
  10. Copying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying the Services in any manner.
  11. Sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene, defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or unlawful material or material that violates anyone else's rights, including their right to privacy. Any member profile containing unlawful material or activity will be disbanded.
  12. Distributing or sending unsolicited e-mail, text, "spam," "chain letters" or "pyramid schemes" or any other form of unauthorized solicitation, including but not limited to promotions and/or advertising of products or services.
  13. Uploading or transmitting materials through Feedtext which: (i) restrict or inhibit any other users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of Feedtext; (iv) monitor or copy content on Feedtext by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; or (v) impose an unreasonable or disproportionately large load on Feedtext's infrastructure.
  14. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service.
  15. Collect or store personal data about other users;
  16. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner;
  17. In addition, you understand and acknowledge that differing countries, societies and governments may hold their citizens, companies and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard your Services may be terminated if they offend the conduct and speech standards of the country they are in or are transmitting in to. Considerations include:
    1. the sensibilities of the recipient of the transmissions whether they hold a different religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances;
    2. transmissions to or aimed at an audience of children (persons under the age of 18) that include references to sexual practices and/or containing inappropriate or offensive language; and
    3. contents which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offense.

Without limitation, Feedtext reserves the right to remove any user from its system at any time, in its sole discretion. Without limitation, Feedtext reserves the right to terminate any member, at any time, at its sole discretion.

Commission of these or other illegal, fraudulent or deceptive acts may subject you to sanctions, including termination of your access to the Services, and possible civil or criminal liability. Feedtext has the right, but not the responsibility, to eliminate or remove any content or terminate any user groups that may violate these restrictions.

We reserve the right to edit, move, review or delete any of your content for any reason, and any third parties who have engaged Feedtext to operate services on their behalf may do the same. Feedtext may preserve and disclose content or user information if required to do so by law or in the good-faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of Feedtext, any users of our Services or the public; or (v) administer the Services.

Submissions  

We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Feedtext shall be and remain the exclusive property of Feedtext Your submission of any such Comments shall constitute an assignment to Feedtext of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Feedtext will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Feedtext expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Note on unsolicited advertising and spam:

Feedtext policy on using our communication system to market to our users mandates that:

  • The sender of any message deemed to be "spam", "marketing" or "mail bombing" to any other user or users will be liable for $200 for each account/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or notice.
  • The sender will pay all fees owed to Feedtext within thirty (30) days of such transmission. Note: this means that if a message like the one described above is sent to a group of 500 users, or to one user 500 times, then you will be liable for $100,000, payable to Feedtext within 30 days.

You acknowledge that Feedtext does not pre-screen Content, but that Feedtext and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limitation, Feedtext shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Feedtext, transmitted through the Service, or submitted to Feedtext You acknowledge and agree that Feedtext may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Feedtext, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Recognizing the global nature of the Internet and wireless messaging, you agree to comply with all local rules regarding online and telecommunication conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Public Content Posted on or via the Service

For purposes of this Agreement, "publicly accessible areas of the Service" are those accessible by the general public.

  1. With respect to Content you elect to post for inclusion in publicly accessible areas of the Service that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Feedtext the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific service of Feedtext to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
  2. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Feedtext the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicense-able right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

No Endorsements of Third Parties or Channels  

References on Feedtext to any names, marks, products or services of third parties, or hypertext links to third-party sites or information, or the inclusion or featuring of groups or channels, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by Feedtext Feedtext does not endorse nor make any warranties or representations about any web site you may access through Feedtext including the privacy policy of any such web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.

Usage of Cookies 

A cookie is a text file that is placed on your hard disk by a Web page server. One of the primary purposes of cookies is to provide you a convenience feature that will save you time. For example, if you register with the service, a cookie could be used to help the site recall your specific information and/or preferences on subsequent visits. Then, when you access the site in the future, the information previously provided can be retrieved, so you can easily use service features you customized on your previous visit. While the Service requires the use of cookies, you always have the option to disable cookies while registering.

Indemnity

You agree to indemnify and hold Feedtext and its subsidiaries, affiliates, officers, directors, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage

You acknowledge that Feedtext may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Feedtext servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Feedtext has no responsibility or liability for the deletion, non performance or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Feedtext reserves the right to log off accounts that are inactive for more than 90 days. You further acknowledge that Feedtext reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Service

Feedtext reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Feedtext shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that Feedtext in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Feedtext believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Feedtext may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Feedtext 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 Feedtext shall not be liable to you or any third-party for any termination of your access to the Service.

Dealings with Advertisers and Users

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Feedtext shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In addition, Feedtext does not regulate user-to-user dealings, therefore, in the event you have a dispute with one or more users of the Service, you agree that Feedtext shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user or users on the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Feedtext has no control over such sites and resources, you acknowledge and agree that Feedtext is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Feedtext shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. “Feedtext Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations that are used by Feedtext and Hobnobster.com in connection with its website, products and services, including, without limitation, Hobnobster.com, Hobnobster and Third Party Trademarks. All other trademark and service marks appearing on Hobnobster.com’s web site which do not belong to Feedtext are the property of their respective owners. Except as expressly authorized by Feedtext or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Feedtext grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Feedtext for use in accessing the Service. Persons pictured upon the Feedtext homepage consist of models and are used for illustrative purposes only.

Disclaimer of Warranties

Feedtext is only a venue allowing users to communicate with other users and allowing users to receive content from third parties. FEEDTEXT does not control, does not monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information provided by its users, groups or channels. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  FEEDTEXT EXPRESSLY DISCLAIMS 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; (b)  FEEDTEXT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM  FEEDTEXT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT  FEEDTEXT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF  FEEDTEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.  FEEDTEXT'S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO  FEEDTEXT IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.

Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. 
If you are dissatisfied with the Services or any content on Feedtext, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk.

No liability for actions by Carriers and Feedtext

You acknowledge and agree that, with respect to Carrier and Feedtext communications services: (a) one hundred percent of the Messages may not be delivered; and (b) neither Feedtext nor any Carrier will be liable to the user for any Messages deleted or not delivered, regardless of the reason for deletion or non-delivery including, without limitation, message processing or transmission errors. Neither Feedtext nor any Carrier makes any representations or warranties regarding the quality, reliability, timeliness or security of the carrier communications services or that they will be error-free, uninterrupted, free from unauthorized access or that all messages will be delivered. 

You also understand and acknowledged that there are NO background checks on Hobnobster members have been conducted.  We can't guarantee that criminals can't get on our site.  DISRGARD THIS WARNING AT YOUR PERIL.

Assignment  

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Feedtext Any such purported assignment or delegation by you without the appropriate prior written consent of Feedtext will be null and void and of no force or effect.

Special Admonition for Services Relating to Financial Matters

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read SUBMISSIONS again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Feedtext shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

Copyright Policy

Feedtext respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Feedtext  the following information:

  1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Service;
  4. Your address, telephone number, and email address;
  5. 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;
  6. 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.

The above information should be in writing and sent to Feedtext 
Feedtext  
Legal Counsel  
268 Bush St. #4600, San Francisco, CA 94104 USA  
legal [at] feedtext [dot] com   

Under the appropriate circumstances, it is Feedtext's policy to remove and/or to disable access from the Service to web pages of repeat infringes, and to terminate subscribers and account holders who are repeat infringers.

General Information

This Agreement constitutes the entire agreement between you and Feedtext and governs your use of the Service, superseding any prior agreements between you and Feedtext You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and Feedtext shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. You and Feedtext agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, USA. The failure of Feedtext to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of this Agreement by emailing legal [at] feedtext [dot] com 

Web and Mobile Registration

Your use of this service and interaction with other users is at your own risk. Your profile may be viewed by other users. You may receive messages from Feedtext or other users at any time. You can view pricing at www.Hobnobster.com/faq