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Match.com Terms of Use Agreement
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Welcome to Match.com, the service for adults to meet each
other online operated by Match.com, L.P. ("Match.com").
By using the Match.com Website (the "Website") you agree to be bound
by these Terms of Use (this "Agreement"), whether or not you register
as a member ("Member"). If you wish to become a Member and communicate
with other Members and make use of the Match.com service (the "Service"),
read these Terms of Use and indicate your acceptance of them by following
the instructions in the
Registration process.
This Agreement sets out the legally binding terms of your use
of the Website and your membership in the Service and may
be modified by Match.com from time to time, such modifications
to be effective upon posting by Match.com on the Website.
This Agreement includes Match.com's Acceptable Use Policy
for Content Posted on the Website, Match.com's Privacy Policy,
and any notices regarding the Website. You may also receive a
copy of this Agreement by emailing us at: customercare@match.com,
Subject: Terms of Use Agreement.
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1.
Eligibility.
You must be eighteen or over to register as a member of
Match.com or use the Website. Membership in the Service is
void where prohibited. By using the Website, 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.
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2.
Term.
This Agreement will remain in full force and effect while you
use the Website and/or are a Member. You may terminate
your membership at any time, for any reason by following
the instructions on the Resign pages in Account Settings, or upon
receipt by Match.com of your written or email notice of termination.
Match.com may terminate your membership for any reason, effective
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 Match.com. If Match.com terminates your membership
in the Service because you have breached the Agreement, you will not
be entitled to any refund of unused subscription fees. Even after
membership is terminated, this Agreement will remain in effect.
Even after this Agreement is terminated, certain provisions will
remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
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3.
Non Commercial Use by Members.
The Website is for the personal use of individual Members only and
may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members
and should not use the Service or the Website for any purpose.
Illegal and/or unauthorized uses of the Website, including
collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Website will
be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress.
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4.
Proprietary Rights in Content on Match.com.
Match.com owns and retains all proprietary rights in the Website
and the Service. The Website contains the copyrighted material,
trademarks, and other proprietary information of Match.com, and
its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may
not copy, modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
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5.
Content Posted on the Site.
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a.
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You understand and agree that Match.com may review and delete
any content, messages, Match.com Messenger messages, photos or
profiles (collectively, "Content") that in the sole judgment of
Match.com violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten
the safety of Members.
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b.
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You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Service, or transmit to
other Members.
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c.
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By posting Content to any public area of Match.com, you automatically
grant, and you represent and warrant that you have the right to
grant, to Match.com an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display,
and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sublicenses
of the foregoing.
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d.
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The following is a partial list of the kind of Content that
is illegal or prohibited on the Website. Match.com reserves
the right to 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 Service and terminating the membership of such violators.
It includes Content that:
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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;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
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promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
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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;
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contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible page);
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provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information
from anyone under 18;
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provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
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solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; and
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engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
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e.
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You must use the Service in a manner consistent with any
and all applicable laws and regulations.
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f.
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You may not include in your Member profile any telephone numbers,
street addresses, last names, URLs or email addresses.
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g.
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You may not engage in advertising to, or solicitation of,
other Members to buy or sell any products or services
through the Service. You may not transmit any chain letters or
junk email to other Members. Although Match.com cannot monitor
the conduct of its Members off the Website, 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. In order to protect our Members from such advertising or
solicitation, Match.com reserves the right to restrict the number
of emails which a Member may send to other Members in any 24-hour
period to a number which Match.com deems appropriate in its sole discretion.
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6.
Copyright Policy.
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. Without limiting
the foregoing, if you believe that your work has been copied and posted on
the Service in a way that constitutes copyright infringement, please provide
our Copyright Agent with the following information: 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
Website; 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. Match.com’s Copyright Agent for notice of claims of copyright infringement
can be reached as follows: General Counsel,
Match.com c/o Ticketmaster 3701 Wilshire Blvd.; Los Angeles, CA 90010.
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7.
Subscription.
If you sign up for multiple subscriptions to Match.com,
you will be limited to only one instance of Match.com Messenger,
regardless of the number of subscribing accounts you may have with us.
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8.
Member Disputes.
You are solely responsible for your interactions with other Match.com
Members. Match.com, Inc. reserves the right, but has no obligation,
to monitor disputes between you and other Members.
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9.
Privacy.
Use of the Website and/or the Service is also governed by our
Privacy Policy.
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10.
Disclaimers.
Match.com is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether
caused by users of the Website, Members or by any of the equipment
or programming associated with or utilized in the Service. Match.com
is not responsible for the conduct, whether online or offline, of any
user of the Website or Member of the Service. Match.com 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 or
Member communications. Match.com is not responsible for any problems
or technical malfunction of any telephone network or lines, computer
online 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
Web and/or in connection with the Service. Under no circumstances
will Match.com be responsible for any loss or damage, including
personal injury or death, resulting from anyone's use of the
Website or the Service, any Content posted on the Website
or transmitted to Members, or any interactions between users
of the Website, whether online or offline. The Website and
the Service are provided "AS-IS" and Match.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
Match.com cannot guarantee and does not promise any specific results
from use of the Website and/or the Service.
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11.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted,
in no event will Match.com 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 Web
site or the Service, even if Match.com has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein,
Match.com’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 Match.com for the Service during the term of membership.
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12.
U.S. Export Controls.
Software from this Website (the “Software”) is further subject to
United States export controls. No Software may be downloaded from
the Website 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.
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13.
Disputes.
If there is any dispute about or involving the Website and/or the Service,
by using the Website, you agree that the dispute will be governed by
the laws of the State of California without regard to its conflict of
law provisions. You agree to personal jurisdiction by and venue in the
state and federal courts of the State of California, City of Los Angeles.
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14.
Indemnity.
You agree to indemnify and hold Match.com, 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 this
Agreement and/or any breach of your representations and warranties
set forth above.
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15.
Other.
This Agreement, accepted upon use of the Website and further
affirmed by becoming a Member of the Service, contains the
entire agreement between you and Match.com regarding the use
of the Website and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
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Please
contact us
with any questions regarding this agreement.
Match.com is a trademark of Match.com, L.P.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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