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| ..........................Welcome to YourIdealMatch.com |
Welcome to Your Your Ideal Match! Your Your Ideal Match provides its service to you subject to the following Terms of Use ("TOU") The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes
YourIdealMatch.com is an online dating and or meeting site for adults to meet other like-minded individuals in search of a long-term relationship and is operated by Your Ideal Match, in conjunction with Times Media Group, Inc. ("YourIdealMatch.com" or "we" or "us").
By using the YourIdealMatch.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"). Your continued use of the Website constitutes your acceptance of this Agreement.
This Agreement sets out the legally binding terms of your use of the Website (except for those terms that are specifically designated as applying only to registered members). Please review these terms. 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.
1. Member Eligibility and Terms. If you so desire to become a Member and communicate with other Members and thereby use YourIdealMatch.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. You must be 18 years old or over to register as a member of YourIdealMatch.com and use the Service. This Agreement sets out the legally binding terms of your membership in the Service. Membership in the Service is void where prohibited. The TOU and the relationship between you and Your Your Ideal Match! shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Your Your Ideal Match! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Palm Beach, Florida.
Waiver and Severability of Terms. The failure of Your Your Ideal Match! to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect.
2. Term and Termination. 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 on receipt by YourIdealMatch.com of your notice of termination by email, fax or mail. Except as provided there, ALL SALES ARE FINAL. YourIdealMatch.com may terminate your membership for any reason, effective on sending notice to you at the email address you provide in your application for membership or another email notice address that YourIdealMatch.com that YourIdealMatch.com received from you. If YourIdealMatch.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 this Agreement is terminated, the following provisions of this Agreement will remain in effect: sections 5, 6, 10, 11, 13, 14 and 18. You will not post on the Service, or transmit to other Registered Users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
Auto-Renewal Policy. To ensure you enjoy uninterrupted use of the Service, if you have purchased a membership plan your membership will automatically renew 24 hours before expiration. You may disable Automatic Renewal after purchase in the Account Information section, via the Cancel Account link. Additionally, you may terminate your membership at any time, for any reason, by following the Cancel Account instructions on the Account Information tab in Account Settings, or on receipt by YourIdealMatch.com of your notice of termination by email, fax or mail. Following cancellation, you will continue to have full access to your membership for the remainder of the term for which you have paid, provided you otherwise are in compliance with this Agreement. Refunds will not be issued for early cancellation.
By providing us with your payment information, you authorize and instruct us to bill your credit card account for the amount of your initial subscription fee, and to bill that account again each time that the current term of your subscription is about to expire in the future. If at any time you do not want to automatically renew your subscription in the future, please make appropriate changes in the Account Information section, located under My Account.
3. Member ID and Password. As part of the member registration process, you will be asked to select a user name (Member ID) and password. We may refuse to accept any Member ID for any reason, including that the proposed Member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or otherwise infringes on other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You may have only one Member ID. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at the 'My Home' Page after logging on to YourIdealMatch.com, and immediately notify us by emailing us at ms@YourIdealMatch.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Unauthorized Use. This YourIdealMatch site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this YourIdealMatch site and shall not use the YourIdealMatch service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at YourIdealMatch's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, YourIdealMatch Network, Inc. may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at YourIdealMatch Network, Inc.'s sole discretion. The Website and the Service are for the personal use of individuals only, for purposes consistent with the Website and Service and this Agreement. You may not use the Website or Service in connection with any commercial or group activities or resell the Service. Collecting Member IDs or email addresses of members, or other information on the Website, by electronic or other means, is prohibited. Framing of or linking to the Website without written permission from us is prohibited.
5. Proprietary Rights in Content on YourIdealMatch.com. YourIdealMatch.com and its licensors own and retain all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of YourIdealMatch.com and its and licensors. You may not copy, modify, publish, transmit, distribute, perform, display or sell any Website material or information. YourIdealMatch.com is a trademark of Times Media Group, Inc.
6. Content Posted by Members and or any person or nonmember visiting and or using YourIdealMatch.com
1. You are solely responsible for any materials (including profiles or photos) and messages (including YourIdealMatch.com Messenger messages) (collectively, "Content") that you publish or display (hereinafter, "post") on the Website or via the Service, or transmit to other Members.
2. By posting Content to any public area of YourIdealMatch.com, you automatically grant, and you represent and warrant that you have the right to grant, to YourIdealMatch.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell 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.
3. You understand and agree that YourIdealMatch.com may review and remove any Content that in the sole judgment of YourIdealMatch.com violates this Agreement or which, in the sole discretion of YourIdealMatch.com, might be offensive or illegal or might violate the rights of, harm, or threaten the safety of Members.
4. The following is a partial list of the kind of Content that is prohibited on the Website. YourIdealMatch.com reserves the right to investigate and take appropriate action in its sole discretion (including notifying legal authorities) against anyone who violates this provision, including without limitation, removing the offending communication from the Website and Service and terminating the membership of such violators. It includes Content that:
* may be offensive to Website users, 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 or enables unauthorized copying of another person's copyrighted or other proprietary work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing music or links to music files;
* contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
* exploits anyone under the age of 18 in a sexual or violent manner;
* solicits personal information from anyone under 18;
* provides instructional information about illegal or potentially harmful 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, unauthorized or unlawful purposes from other users;
* engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
* otherwise is inappropriate for the Website, in YourIdealMatch.coms sole judgment.
5. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
6. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
7. 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 YourIdealMatch.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, YourIdealMatch.com reserves 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 YourIdealMatch.com deems appropriate in its sole discretion.
8. WARNING: Although our site is as secure as possible It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is 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. YourIdealMatch.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
7. 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. YourIdealMatch.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: YourIdealMatch.com c/o Times Media Group, 11410 NE 124th St, Box 241, Kirkland, WA 98034, fax: 425.424.3344; email: abuse@youridealmatch.com.
8. Member Disputes. You are solely responsible for your interactions with other YourIdealMatch.com Members. YourIdealMatch.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website.
9. Privacy. Use of the Website and the Service is subject to our Privacy Policy, which is part of this Agreement with you. Please refer to our privacy policy for information about our use and disclosure of your information.
10. DISCLAIMERS; NO WARRANTIES. YourIdealMatch.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 Website or the Service.
YourIdealMatch.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
YourIdealMatch.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.
YourIdealMatch.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 the Website, 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 Website or in connection with the Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND PERFECTMATCH.COM EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YourIdealMatch.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
You understand and acknowledge that it is possible for third parties, acting illegally, to access your account and that YourIdealMatch.com cannot be responsible for this risk or other third party illegal activity.
11. Limitation on Liability. You assume full responsibility and risk for your use of the Website and the Service. Under no circumstances will YourIdealMatch.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. YourIdealMatch.com and its affiliates are not liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Website or the Service, even if YourIdealMatch.com has been advised of the possibility of such damages. If you live in a state whose laws prevent you from taking full responsibility for your use of the service, our liability is limited to the greatest extent allowed by law. YourIdealMatch.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 YourIdealMatch.com for the Service during the term of membership.
12. U.S. Export Controls. Use of this Website is subject to United States export controls. No use of the Website or Service is permitted by (i) a national or resident of Cuba, Iran, Iraq, Libya, North Korea or Syria, or any national or resident of any other Country to which the U.S. has restricted exports or (ii) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using the Website or the Service, 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. Disputes. If there is any dispute between us about or involving the Website or the Service, you agree that the dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts located in King County in the State of Washington.
14. Indemnity. You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement. You agree to indemnify and hold YourIdealMatch.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 Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.
15. Advertisers and Links. The Website may contain links to third party websites, endorsers or advertisers. The third party websites, endorsers or advertisers are not under the control of YourIdealMatch.com, and YourIdealMatch.com is not responsible for the contents, services or goods of any third party websites, endorsers or advertisers. The inclusion of any link is as a convenience and does not imply endorsement by YourIdealMatch.com of the website or any association or relationship with its operators.
16. No Right of Survivorship and Non-Transferability. You agree that your Your Your Ideal Match! account is non-transferable and any rights to Your Ideal Match I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. No Professional Advice. The information and materials available through the YourIdealMatch.com Website including the advice of relationship advisers, is for information and educational purposes only and is not a substitute for the professional judgment of a licensed mental health practitioner. YourIdealMatch.com, the Website and the Services do not provide psychological advice or medical or diagnostic services. Your reliance upon information and materials obtained by you at or through the Website is solely at your own risk.
18. Other. This Agreement, accepted on your use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and YourIdealMatch.com regarding the use of the Website and 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 with any questions regarding this Agreement. 561-784-0681
ALL SALES ARE FINAL
YourIdealMatch Terms & Conditions Last Updated: November, 2006
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