1. Introduction
By using the mVibes.com Web site (the “Web site”) or the mVibes SMS chat service (collectively named the “Service”), operated by Mobile Moves Ltd (the “Company”) you agree to be bound by the terms and conditions set forth in this agreement (the “Agreement”) as a user (“User”) of the Service.
When you continue the sign up instructions, followed by sending a first message and payment of the initial prepaid text chat bundle you as a User are becoming a member of the Service (a "Member").
This Agreement sets out the legally binding terms of your use of the Service, and may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Web site.

2. Eligibility
You must be eighteen (18) years of age or older to be a User or a Member of the Service. Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Scope of services

1. Company’s Web site operates as a market place for contact advertisements in combination with a mobile phone chat system for conversing with people on the basis of text messages. Company uses a support staff to animate the chat system. This leads to the chat dialogues with Member. The support staffs' user profiles have no special identification. Company sends the Member by SMS text different contacts or chat suggestions.
2. The Web Site and Service are to be used for entertainment purposes and general SMS text chat only. Indecent, obscene and/or sexually explicit language will not be tolerated and is not allowed.

4. Payment and fee

1. The credit card that you provide as part of your membership registration of Services will automatically and immediately be billed. All currency references are in US Dollars.
2. Payment occurs on a prepay basis and payment will be automatically renewed every month on the anniversary date of your registration.
3. Company will charge $ 4,95 US for a trial of ten (10) text chat messages, your trial will automatically be converted to a monthly prepaid bundle of thirty (30) text chat messages costs 29,95 US. A confirmation of renewal will be sent to the email address you provided. A prepay bundle enables you to send 30 text chat messages via the Service. One prepay bundle costs 29,95 US Dollars, including VAT. Additional prepay bundles, of 30 text chat messages each, will be charged at 29,95 US Dollar per prepay bundle.
4. Unused SMS text chat messages of a prepay bundle will be forfeit after 30 days, on the anniversary date of your registration.
5. Once you activated the Service by finalizing the sign up process using the pin code, sent to you by text message, subscription fees become non-refundable.
6. You are responsible for any charges imposed by your bank or credit card company for exceeding your account limits or overdrawing your account. Should a refund be issued by Company, all refunds will be credited to the credit card used in the original transaction solely. Refunds will not be issued by cash, check, or to another credit card.

5. Term and termination

1. This Agreement will remain in full force and effect while you are a Member, or a User of the Service. If you become a Member of the Service, you may terminate your membership at any time by texting STOP, or by sending a stop request by e-mail , however you will not be refunded any monies paid for your membership upon such termination.
2. Company may terminate your membership at any time, and for any reason. If the Company terminates your membership in the Service because you have breached this Agreement, you will not be refunded any monies paid for the Service.
3. You will not interfere with or disrupt:
4. the use and enjoyment of the Service by other users; or
5. the Service or servers or networks connected to the Service (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Service).

6. Your responsibilities and acknowledgements
You will not use the Service or Content for illegal purposes but will abide by and comply with:

1. all applicable local, state, national, and international laws and regulations in your use of the Service or Content (including laws regarding the transmission of technical data exported from the United States), and
2. all requirements, procedures, policies and regulations of networks connected to the Service.

7. External links
The Web site may from time to time contain links to other Internet sites and resources ("External Links"). Company takes no responsibility for, and have no liability as a result of, the availability of External Links or their content and Company makes no representation or warranty about any such Web site or its content. Company is not responsible for the privacy practices or terms and conditions of any third party web sites. Company strongly suggests that you review the terms of use and privacy statement of such External Links prior to use of them.

8. Indemnity
You agree to indemnify and hold the Company, 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 arising out of your use of the Service and/or arising from a breach of the Agreement.

9. Disclaimers

1. Your use of the Service is at you’re your sole risk. The Service is provided on an “as is” and “as available” basis. Company 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 with respect to the Service. Without limiting the generality of the foregoing, Company makes no warranty: (i) that the content will work with your mobile device; (ii) that Service will meet your requirements, be uninterrupted, timely, secure or error-free.
2. No advice or information, whether oral or written, obtained by you from us or through or from the Service will create any warranty not expressly stated herein.

10. Limitation on liability

1. Company’s entire liability and your exclusive remedy, in law, in equity, or otherwise, with respect to any service provided under this Agreement and/or for any breach of this Agreement are solely limited to the amount you paid during the term.
2. Company will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the Service in any manner, including liabilities resulting from:
3. the use or inability to use the Service;
4. the cost of procuring substitute content and service;
5. any content or Service purchased or obtained or messages received or transactions entered into through or from the Service; or
6. unauthorized access to or alteration of your transmissions or data through the Service, including but not limited to damages for loss of profits, use, data or other intangible, even if Company has been advised of the possibility of such damages.
7. Company will not be liable for any damages arising from interruption, suspension or termination of the Service, including, but not limited to, direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
8. Company will not be liable for any damage to your mobile phone device or personal computer caused by use of the Service.

11. Entire agreement
This Agreement comprises the entire agreement among you and Company and supersedes any prior agreements pertaining to the subject matter contained herein.

12. Customer service
For customer services, please visit the website of Mvibes

13. Your privacy
Except the details needed for processing your credit card payment with the credit card processor or otherwise described in this Agreement, Company will not disclose Member information to any third party unless we believe that disclosure is necessary: (a) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Company, whether or not a response is required by applicable law; (b) to enforce this Agreement or to protect our rights; or (c) to protect the safety of members of the users of the Service.

14. Dutch law
This Web site and Service operates under Dutch law.