Matchism.com- Agreement to Terms and Conditions
YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER OR USE THE MATCHISM.COM WEBSITE. BY ACCESSING THE WEBSITE YOU ARE WARRANTING THAT YOU ARE AT LEAST 18 YEARS OF AGE.
Welcome to the Terms and Conditions for Matchism.com (hereinafter referred to as "Matchism.com" or "Site"). You must read and agree to these Terms and Conditions before entering, accessing, viewing, and/or becoming a member of the Site. By accessing the Site, you are agreeing to its terms. If you do not agree or do not wish to be bound by the terms and conditions of this Agreement, do not use or access our services or our website.
1. Binding Nature.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use our website or become a member of Matchism.com. We strongly recommend that, as you read this Agreement, you also access and read the information referred to in this document, as it may contain further terms and conditions that apply to you as an Matchism.com user and/or member.
2. Change Control.
Matchism.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the Site following Matchism.com posting changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Matchism.com Site.
3. Eligibility.
Our services are only available to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least eighteen (18) years of age to enter the Matchism.com website. By using/viewing the site, 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 and that you are at least eighteen (18) years of age (twenty-one (21) years of age in AL, MS, NE, WY, and any other location where eighteen (18) is not the majority age). The materials on this site may include graphic visual depictions of nudity and sexual activity and should not be accessed by anyone who is younger than eighteen (18) years of age (twenty-one (21) years of age in AL, MS, NE, WY, and any other location where eighteen (18) is not the majority age) or who is offended by, or does not wish to be exposed to, such materials.
By using the Matchism.com Site you also represent and warrant that you are familiar with the standards in your community regarding the acceptance of sexually oriented materials, and the materials you expect to encounter are within those standards. You represent and warrant that the average adult in your community accepts the use of sexually oriented materials by willing adults in circumstances such as this Site which offers reasonable insulation from the materials for minors and unwilling adults. You further represent and warrant that you will not find such materials to appeal to a prurient interest or to be patently offensive.
You agree and warrant not to use and/or view the Site in a restricted location, including, but not limited to, a place, country, or location in which doing so could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Competitors are not authorized to access or use our website without express, written permission from us in advance of such access. If you do not qualify, please do not use the Matchism.com site.
Your Matchism.com account User ID and password may not be transferred, loaned, given or sold to another party.
4. Proprietary Rights of Content on Matchism.com.
Matchism.com owns and retains proprietary rights in the Matchism.com site and service. The site contains the copyrighted material, trademarks, and other proprietary information of Matchism.com and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content on the Matchism.com Site.
By using the Matchism.com Site, you agree that Matchism.com may delete any content, messages, photos or profiles that in the sole discretion of Matchism.com may violate this Agreement or which may be offensive, illegal, or violate the rights, harm or threaten the safety of Matchism.com, its employees and agents, and/or Matchism.com's members or users. You are solely responsible for the content you publish, display, and/or post on the Site or transmit to other Matchism.com members and/or users.
When you post content, messages, photos, or profiles to any public area of the Site, you represent and warrant that you have the right to grant, and automatically grant, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such content, rights of publicity, and content to Matchism.com. You also automatically grant, and represent and warrant that you have the right to grant, to Matchism.com the right to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
Opinions, advice, statements, offers or other information or content made available through the Site are those of their respective Member-author and not of Matchism.com and should not necessarily be relied upon. Such members/users are solely responsible for such content.
Matchism.com does not guarantee the accuracy, completeness, reliability or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy, reliability, or truthfulness of any opinion, communication, advice or statement made. Under no circumstances will Matchism.com be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site or transmitted to members or users.
6. Prohibited Content on Matchism.com.
Content that is illegal or prohibited on the Matchism.com site includes, but is not limited to: content that is
patently offensive to the online community, such as content that promotes bigotry, racism, hatred or physical harm of any
kind against any group or individual; harasses or advocates harassment of another person or invades another person's or persons'
privacy; any form of sexually oriented content; involves the transmission of chain letters, junk e-mail, or unsolicited
commercial e-mail; promotes information you know is false, misleading or promotes illegal activities or conduct that is obscene, threatening, abusive, libelous or defamatory;
promotes an illegal or unauthorized copy of another person's copyrighted work; provides material that exploits persons under the age of eighteen (18) in a sexual or violent manner
or solicits personal information from anyone under the age of eighteen (18); provides content that involves incest, swearing, violence, necrophilia, falsifying gender, bestiality, impersonation of a
third party or another member, threat of suicide or harm to oneself or others, or drug paraphernalia; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat messages; and/or engages in commercial activities and/or sales
without our prior written consent such as, but not limited to, contests, sweepstakes, and pyramid schemes. In its sole discretion, Matchism.com will investigate and take appropriate action against anyone who violates this provision, including, but not
limited to, limiting your activity, issuing a warning, removing the offending communication and/or content from the site or service, temporarily suspending you, indefinitely suspending you or terminating your membership and refusing to provide our services to you, and/or appropriate legal action.
YOU MUST USE THE Matchism.com SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.
7. Prohibited Activities on the Matchism.com Site.
You represent and warrant that you will not use any robot, spider, scraper or other automatic device, or manual process to monitor, copy, reproduce, modify, create derivative works from, distribute or publicly display our web pages or the content contained herein without our prior expressed written permission and that of the appropriate third party, if applicable. You represent and warrant that you will not use any software, device, or routine to bypass, interfere, or attempt to interfere with the proper functioning of the Matchism.com site or take any action that may impose or imposes an unreasonable or disproportionately large load on our infrastructure and/or servers, or bypass any measures we may use to prevent or restrict access to the site.
Your activities on the Site shall not: (i) be false, inaccurate or misleading; (ii) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, or regulation; (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) be obscene or contain child pornography; (vi) contain any viruses, Trojan horses, or the like or other computer programming routines that may damage or interfere with the Site; and (vii) create liability for Matchism.com, its directors, officers, employees, agents, and/or representatives or cause Matchism.com, its directors, officers, employees, agents, and/or representatives to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not consummate any transaction that was initiated using our Site that could cause us to violate any applicable law, statute, ordinance or regulation.
The Site may not be used in connection with any commercial endeavors including, but not limited to, sending unsolicited commercial e-mail, sending advertisements to other websites, businesses, and/or services in the Site's chat rooms, or using member personal identifying information for commercial purposes. All illegal and/or unauthorized uses of the site will be investigated and appropriate legal action will be taken.
8. 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 a copy of your work is available on the Site without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Matchism.com's agent for notice of claims of copyright infringement is: ________________________________.
9. Subscription Fees.
Matchism.com's subscription fees are $29.95 for a 30-Day membership via credit card or online check payment. These fees are provided to you upon registration, but may change from time to time upon electronic notice to you. The membership fee is charged on a recurring basis and you shall not be required to manually renew membership each month. By becoming a member, you agree that $29.95 will be automatically withdrawn from your checking account or charged to your credit card every thirty (30) days until you cancel your membership. Your monthly membership fee will be processed by the CCbill Services, Matchism.com's authorized sales agent. Credit card statements are discreetly charged as "cci."
You understand and agree that you are charged monthly for the Matchism.com service. You understand and agree that should you choose to cancel your membership prior to the beginning of the month, you will be billed for a month's membership. You also understand and agree that you will not be able to access the site for the remainder of the month after providing Matchism.com notice of your intent to cancel your membership. You may terminate your membership at any time by contacting customer service at ___________________.
If you wish to cancel billing please click here
10. Indemnity.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
11. Privacy.
Privacy Policy
Matchism.com, a HMU Services, Inc. ("Matchism.com," "we" or "us") property, is an online adult-oriented dating service at the website, www.Matchism.com (the "Website"), designed to provide an easy way for our members to meet each other on the Internet. To accomplish this goal, our members create their own unique profiles and our matching technology provides members with matches based on their pre-selected criteria. In order to do this, we must ask for certain personal information, none of the information we gather can be used by the public to identify specific individuals, unless the specific member chooses to reveal his/her identity, or portions thereof (including, without limitation, a full name, telephone number, e-mail address and personal picture) on the Website, through a unique profile or by any other means.
Matchism.com is a membership-based service. All visitors to our Website may browse selected portions of the Website, search personal advertisements and view articles or features that our Website has to offer, without entering any personal information.
California Residents
If you are a California state resident you may opt-out from having your personal information transferred to third parties for use is such third parties' direct marketing efforts by clicking here and completing an opt-out request or by sending a written e-mail request to customercare@Matchism.com. However, where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from Matchism.com, in accordance with the law.
Information submitted to Matchism.com
There are two types of member-submitted information that we collect: Public and Private. We define PUBLIC information as personal information that may be displayed on the Website (such as gender, age and height, as well as member profiles and submitted photographs) but cannot be linked to a particular member. PRIVATE information is defined as any information that allows others to contact a member other than through Matchism.com or allows the collection of information about the member other than what is displayed on the Website.
PUBLIC: To accomplish our goal of bringing compatible people together, we must gather personal information, which may or may not include: member-specified Matchism.com username; gender; age; ethnic background; appearance; religion; income range; occupation; personal photograph; preference/lifestyle information; and general geographic location. Much of this information is optional, and meant to be seen by Matchism.com members and visitors to the Website (collectively, "Users") but cannot be used to identify a specific member by name, address, etc.
PRIVATE: This information is gathered from members who register for the various services that our Website offers. This information includes, but is not limited to: e-mail address; first name; last name; birth date;
a member-specified password; mailing address; zip code; and telephone number.
SURVEYS & CONTESTS: From time-to-time, Matchism.com requests information from Users on our Website via surveys or contests. Participation in these surveys or contests is completely voluntary and the User therefore has a choice as to whether or not to disclose requested information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code and age).
Use of Information Obtained by Matchism.com
PUBLIC: Public information supplied by a member is intended for public viewing by Users. Users may use this information for searching and matching purposes. Public information cannot be used to identify a specific member by name, address, telephone number, etc.
PRIVATE: We primarily use e-mail addresses submitted by members to verify enrollment and when forwarding anonymous e-mails from other members, although the member's actual e-mail address is not disclosed. We may also use a member's e-mail address to send news to the member regarding our Website, but the member may choose not to receive e-mail of this type by contacting us. E-mail addresses may also be used in private correspondence with the member for customer service-related issues.
The private information that you submit to Matchism.com remains your property, but by submitting the information to Matchism.com you grant us the right to use such information for marketing purposes including, but not limited to, sharing such information with third parties. Matchism.com may also use such information to directly market certain offers to you, to monitor compliance with our Terms and Conditions and for content improvement and feedback purposes. We may sell the personal information that you supply to us and we may join together with other businesses to bring selected retail opportunities to our members. These businesses may include, but are not limited to: (a) providers of direct marketing services and applications including, without limitation, lookup and reference, data enhancement, suppression and validation; and (b) affiliated telemarketers. Matchism.com reserves the right to release current or past User information: (a) in the event that we believe that the Website is being or has been used in violation of the Terms and Conditions or to commit unlawful acts; (b) if the information is subpoenaed; or (c) if Matchism.com is sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third party when Matchism.com, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.
In addition, as a member of Matchism.com and/or agreeing to receive e-mail marketing from Matchism.com, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "Rule"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, Matchism.com retains the right to contact you via telemarketing in accordance with the Rule. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website, such action shall constitute an inquiry and/or application with the respective third-party advertiser for purposes of the Rule and you may be contacted via e-mail, direct mail and/or telemarketing by such third-party advertiser in accordance with the Rule.
SURVEYS & CONTESTS: Contact and other information collected for contests will be used to notify members of entry, the winners and award prizes. Survey information collected will be used for purposes of monitoring and improving the use and satisfaction of this Website. In addition, aggregate results collected from surveys and contests may be used for promotional purposes.
General information collection and use
AGGREGATE: We gather User's server, IP address, and browser-type related information in the general administration of our Website. Matchism.com reserves the right to transfer and/or sell aggregate or group data about Matchism.com Users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Matchism.com Users as a group without disclosing personally identifiable information. By submitting your personal information to, and/or using, the Website, you agree to allow Matchism.com to transfer and/or sell such aggregate data to third parties.
LINKS: This Website may contain links to other websites. Please be aware that Matchism.com is not responsible for the privacy practices of other third party websites. We encourage Users to be aware when they leave our Website and to read the privacy policies of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Website.
USE OF COOKIES: A cookie is a piece of data stored on a User's hard drive containing information about the User. Usage of a cookie is in no way linked to any personally identifiable information while on our Website. Once a User closes his/her browser, the cookie simply terminates. For instance, by setting a cookie on our Website, a member would not have to log in a password more than once, thereby saving time while on our Website. Even in the case where a member rejects a cookie, they may still use our Website. The only drawback to this is that the member will be limited in what he/she can access in some areas on our Website, much like visitor-level access.
We occasionally use cookies to anonymously track and target the interests of our Users to enhance the experience on our Website and/or for advertising tracking purposes. In addition, cookies may be used on our Website for the operation of enhanced capabilities available to members, such as instant messaging. We do not and will not use cookies to collect private information from any User.
Correcting/Updating or Removing Information
Matchism.com provides members with several options for modifying or removing their information from their unique profile and/or our database. Please visit the My Account page or contact us to do so.
Changes in Our Privacy Policy
If we change the substance of our Privacy Policy, we will prominently post a link to those changes on our Homepage so that our Users will always be aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify members by way of e-mail correspondence. Members will have a choice as to whether or not we use their information in this different manner.
Security
Matchism.com takes every precaution to protect our member's information. When a member submits sensitive personal information via the Website, the information is protected both online and off-line. When our registration/order process prompts a member to enter sensitive information , the information is encrypted and is protected with industry-standard encryption - SSL technology. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect member information off-line. Access to member information is restricted in our offices. Only employees who need access to the information to perform a specific job are granted access to personally identifiable information. If you have any questions about the security at our Website, please contact us. customercare@Matchism.com
Our members are given the opportunity to 'opt-out' of having information used for purposes not directly related to our Website at the point where we ask for the information.
Members who no longer wish to receive our newsletter or promotional materials from us or our partners may opt-out of receiving these communications by following the instructions contained in the applicable e-mail or by logging-in and changing their e-mail options in the My Account section of the Website.
Minors
The Website is an adult-oriented website. Visitors under 18 years of age (or under the applicable legal age to view adult material in the jurisdiction from which you are accessing the Website, if 18 is not the legal age) are not permitted to use and/or submit their personal information at our Website. Matchism.com does not knowingly solicit or collect information from visitors under 18 years of age. Matchism.com encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Contacting Us
If you have any questions about this Privacy Policy, Matchism.com privacy practices or your dealings on this Website, please contact us at: customercare@Matchism.com.
12. No Warranty.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES PROVIDE OUR WEBSITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE WILL BE AS REPRESENTED, LAWFUL, OR THAT USERS OR MEMBERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Matchism.com TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Matchism.com DISCLAIMS ANY AND ALL SUCH WARRANTIES.
13. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE Matchism.com, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY Matchism.com.
14. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSOR OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100.
15. Termination/Cancellation.
Matchism.com reserves the right to terminate your access to the site for any reason. In addition, without limiting other remedies, Matchism.com may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. Matchism.com may terminate your membership upon sending notice to you at the email address you provide in your application for membership or other such email address as you may later provide to us. If Matchism.com terminates your membership for breach of this Agreement, you will not be entitled to any refund of any unused subscription fees.
16. Fraudulent Chargebacks
Any charge-backs to credit cards without communicating with us first are treated as Fraudulent. All details, including original order form, username, IP addresses and access logs bearing members IP addresses and/or e-mail addresses and username will be forwarded to the issuing Credit Card Company (Fraud Division), F.B.I. (Credit Card Fraud Division) and all Credit Reference Agencies which will probably result in a query into members credit card payment habits. Credit Card Fraud is a serious crime and will not be tolerated.
17. Disputes.
Matchism.com does not control the information provided by other users. You may find other user's information to be offensive, harmful, inaccurate, deceptive, or misleading. Please use caution when using the Matchism.com Site. You are solely responsible for your interactions with other Matchism.com members and/or users. If there is any dispute about or involving the Site, by using the Site you agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between Matchism.com members, shall be settled by binding arbitration in accordance with the arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Richmond, Virginia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Matchism.com may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Richmond, Virginia necessary to protect the rights or property of you or Matchism.com pending the completion of arbitration.
18. Disclaimers.
Matchism.com and its officers, directors, agents, employees and subsidiaries are not responsible for any incorrect or inaccurate content posted on the Site, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of Matchism.com, its officers, directors, agents, employees and subsidiaries, or any user and/or member of the Matchism.com site, whether online or offline.
Matchism.com is not responsible or 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 and/or member communications. Matchism.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-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 Matchism.com site. Under no circumstances is Matchism.com responsible for any loss or damage resulting from anyone's use of the Site and/or any content posted on the Site or transmitted to Matchism.com members. Matchism.com cannot guarantee and does not promise any specific results from use of the Site and does not guarantee or promise that e-mail communications received by users and/or members will be from real members and/or users of the site.
19. Licenses.
Matchism.com grants a limited license to each member or user to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
20. General Provisions.
This is the entire Agreement governing the use of the Matchism.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of California, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Matchism.com in accordance with applicable law and the remainder of the Agreement shall remain in full force.
21. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Matchism.com Attn: [put Matchism.com legal address here] (in the case of Matchism.com) or to the email address you provide to Matchism.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.