Terms Of Use for MatchAndGo.com

This Terms of Use and Privacy Agreement sets forth the standards of use of the MatchAndGo.com Online Service for Registered Members. By using the MatchAndGo.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at MatchAndGo.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1.Description of Service.

MatchAndGo.com is providing Member with a matching service (the "Service") to other Members based on location, time and activity criteria. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

2.Disclaimer of Warranties.

The site is provided by MatchAndGo.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, MatchAndGo.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MatchAndGo.com shall have no liability for any interruptions in the use of this Website. MatchAndGo.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3.Indemnification.

A member agrees to indemnify and hold MatchAndGo.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

4.Eligibility.

You must be at least eighteen (18) years of age to register as a member of MatchAndGo.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.

5.Member's Account.

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify MatchAndGo.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MatchAndGo.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

6.Modifications and Interruption to Service.

MatchAndGo.com reserves the right to modify or discontinue the Service with or without notice to the Member. MatchAndGo.com shall not be liable to Member or any third party should MatchAndGo.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MatchAndGo.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7.Prohibited Activities.

MatchAndGo.com reserves the right to investigate and terminate your membership if you have 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 actions that you may not engage in with respect to the Service:

1. You will not impersonate any person or entity.
2. You will not "stalk" or otherwise harass any person.
3. You will not express or imply that any statements you make are endorsed by MatchAndGo.com without our specific prior written consent.
4. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
5. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
6. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
7. You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
8. You will not post, email or otherwise transmit 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.
9. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
10. You will not "frame" or "mirror" any part of the Service or the Website, without MatchAndGo.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to MatchAndGo.com or the Service or the site in order to direct any person to any other web site for any purpose.
11. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

8.Online Content.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, 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). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to MatchAndGo.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify MatchAndGo.com of such change.

You understand and agree that MatchAndGo.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of MatchAndGo.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

9.Proprietary Rights.

You represent and warrant to us that the information posted in your profile including your photograph are posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You assign to us, with full title guarantee, all copyright in your profile and your photographs posted, at any time, in connection with your use of the Service. You waive absolutely any and all moral rights to be identified as author of your profile and owner of your photograph and any similar rights in any jurisdiction in the world. In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on any Service, you automatically grant, and you represent and warrant that you have the right to grant, to us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

10.Safety.

You understand that finding the right person(s) to associate with is your personal decision for which you alone are responsible. You understand that meeting new people, by whatever method or means, always requires taking normal precautions you should otherwise follow in establishing new relationships. Those may include, but are not limited to, meeting in public places, checking with mutual friends, free or fee-based internet search options, and otherwise using common sense about protecting yourself and your property. You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that nothing on MatchAndGo.com is designed to or should be expected to do any of that for you.

11.Limitation of Liability.

1. MatchAndGo.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MatchAndGo.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MatchAndGo.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
2. 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.
3. MatchAndGo.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. MatchAndGo.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. MatchAndGo.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. MatchAndGo.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 MatchAndGo.com or any of its affiliates, advertisers, promoters or distribution partners 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 MatchAndGo.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MatchAndGo.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

12.Privacy.

Like most e-commerce Websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.

Like most Websites, the Site uses cookies to keep track of your purchases and other activity on the Site and enhance your experience on the Site. We also use cookies to deliver content specific to your interests, to save your password, and if you choose, to save other personal and financial information so you do not have to reenter it each time you visit the Site. Third party advertisers on the Site may also place or read cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas on the Site.

In order to operate the Site and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (i.e. information that could be used to contact you directly (without using the Site) such as full name, postal address, phone number or email address) or "demographic information" (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories:

1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Site; and 2) "public information", which consists of all other demographic information. We ask that you do not enter personal information or financial information into your "Profile" (for example, don't use your address or passcode as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Site, and the information will then be treated as "demographic information" that is "public information." Please note that nowhere on the Site do we knowingly collect personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.

We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with MatchAndGo.com), and to forward messages to you from other MatchAndGo.com users. These types of communications, are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.

We also use personal information to send you newsletters, information, offers and other promotional materials for MatchAndGo.com's or third parties' goods or services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information.

The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. We encrypt all of your personal information as it travels over the Internet and we store your password information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.

13.Dispute Resolution.

Our website is operated and provided in the State of Delaware. As such, we are subject to the laws of the State of Delaware, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Delaware.