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1. ELIGIBILITY
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that you are at least 18 years old. By using this Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for your sole, personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
2. MARITAL STATUS
MARRIED PERSONS MAY NOT BECOME MEMBERS. By becoming a Member, You represent that you are not married. By indicating you are Separated, You represent that you have taken legal steps to terminate your marriage and are no longer living with your spouse. Misrepresentation of your marital status to other Members would be considered Fraud and punishable through the Criminal and/or Civil Courts.
3. REGISTRATION AND SUBSCRIPTION
Although you may register as a Member of the Service for free, if you wish to use the Service to initiate most communication with other members and use certain other parts of the Service, You must become a subscriber and pay the fees that are set out in our price list. This price list is part of this Agreement and we reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if you register to become a Member, You agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Service and, in such event, you shall not be entitled to a refund of any unused subscription fees.
4. TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Services page of the Service, or upon receipt by us of your written or email notice of termination. Either you or we may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by us without cause, we shall refund, pro rata, any unused portion of any subscription payments that we have received from you. In the event that (a) you terminate your subscription or membership or (b) we determine, in our sole discretion, that you have violated this agreement or our posted Privacy Policy, you shall not be entitled to nor shall we be liable to you for any refund of any unused portion of any subscription payments the we have received from you, and we may continue to bar your use of the Service in the future. Even after membership is terminated, this agreement will remain in effect.
5. YOUR USE OF THE SERVICE AND CONTENT POSTED ON THE SITE
A. Illegal and/or unauthorized uses of the Web site, 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 Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
B. We are entitled to review and delete any content, messages, photos or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.
C. You are solely responsible for the content that you publish or display (hereinafter, "post") on the service, or transmit to other members.
D. By posting content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to us 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.
E. We are entitled to investigate and revoke a person's membership if a member has misused the service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of Content that is illegal or prohibited on the Web site, Content that: expresses or implies that any statements you make are made or endorsed by us.
- 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
- Harasses or advocates harassment of another person
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- 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
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
- Displays pornographic or sexually explicit material of any kind
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
- 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 personally identifying information for commercial or unlawful purposes from other users
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
F. You must use the Service in a manner consistent with any and all applicable laws and regulations.
G. You may not include in your member profile (or transmit in any non-paying membership) any personal contact information, such as telephone numbers, street addresses, last names, URLs or email addresses.
H. 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 we cannot monitor the conduct of our members off the Web site, 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, we reserve the right to restrict the number of emails that a member may send to other members in any 24-hour period to a number which we deem appropriate in our reasonable discretion.
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.
7. PRIVACY
The personal information (including sensitive personal information) you provide to us will be stored on computers. You consent to our using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our Privacy Policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a member of the Service, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service...
8. OUR RESPONSIBILITIES
A. We will operate the web site for the service with the reasonable skill and care of an online service provider.
B. We will do our best to provide uninterrupted service; however we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the service as soon as possible after any suspension.
C. We reserve the right to make changes to the Service from time to time provided that they do not have a material adverse effect on the quality of the Service.
D. If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.
9. MEMEBER DISPUTES
You are solely responsible for your interactions with our other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
10. DISCLAIMERS
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to our terms and conditions, we cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the service by persons under the age of 18 in violation of this agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the service, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
11. MODIFICATIONS TO THIS AGREEMENT
We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.
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.
13. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HeavenlyMatched.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Heavenly Matched.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will HeavenlyMatched.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.
You agree to not use the service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- Harm minors in any way
- Members are not allowed to upload any nudity or offensive material on the website
- Impersonate any person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
- "Stalk" or otherwise harass another member
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HeavenlyMatched.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Heavenly Matched.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will HeavenlyMatched.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.
You agree to not use the service to:
You acknowledge that we may or may not pre-screen content, but that HeavenlyMatched.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the service. Without limiting the foregoing, we shall have the right to remove any content that violates the Terms of Use 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 us or submitted to us, including without limitation information in our chat rooms, and in all other parts of the Service.
You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HeavenlyMatched.com, 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.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
14. RELEASE
In the event that you have any claim or action against any other member arising from that member's use of our Site or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the Web site or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow us to assume the exclusive defense and control of the matter.
15. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
HeavenlyMatched.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HeavenlyMatched.com the following: world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Heavenly Matched.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific chat room to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than chat rooms, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than chat rooms, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of our network of properties that are intended by us to be available to the general public. By way of example, publicly accessible areas of the Service would include chat rooms and portions of forums, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of chat rooms that are limited to members, Heavenly Matched.com services intended for private communication.
16. PROPIETARY RIGHTS IN CONTENT
HeavenlyMatched.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 HeavenlyMatched.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.
17. 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 HeavenlyMatched.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.
Please contact us regarding any questions about this agreement.
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