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www.matchmaker.com's Membership Terms & Conditions
This service is for adults only (you must be at least 18 years old).
The www.matchmaker.com service ("www.matchmaker.com" or the "Service") Singles Social Portal is a way for adults to meet each other online. www.matchmaker.com is provided by Avalanche, LLC, located at:
1521 Alton Road #626
Miami Beach, FL. U.S.A.
This is a legal agreement ("Agreement") between you and Avalanche, LLC Please read the Agreement carefully before registering for the www.matchmaker.com service. By registering for www.matchmaker.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the www.matchmaker.com service.
The Terms are subject to change by Avalanche, LLC at any time, without notice, effective upon posting of a link to same on our website (www.matchmaker.com). Minors (under 18 years old) may not become members. When you register, and from time to time thereafter, Avalanche, LLC will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Avalanche, LLC may terminate your www.matchmaker.com membership at anytime, for any reason, effective upon sending written notice to you. You may terminate your www.matchmaker.com membership by providing us at least twenty-four hours advance notice, either by calling our call center and requesting to cancel your subscription or by delivering to us a written request to cancel your subscription, and in such notice you must specify when you want your membership termination to be effective. Avalanche, LLC reserves the right to immediately suspend or terminate your access to the www.matchmaker.com service, without notice, upon any breach of this Agreement by you which is brought to Avalanche, LLC's attention.
Your membership in the www.matchmaker.com 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. Avalanche, LLC
DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS, NOR DOES Avalanche, LLC
VERIFY THE REPRESENTATIONS, WARRANTIES OR STATEMENTS OF ITS MEMBERS. By using this site, you agree that you are representing and warranting to us that you have never been convicted of any felony and are not required to register as a sex offender with any governmental entity. However, Avalanche, LLC reserves the right to conduct criminal background checks on you at any time, and you agree that Avalanche, LLC may do so. Posted at the following link are Safety Points
for you to consider when interacting with other members. We make no representations or warranties as to the accuracy, completeness or efficacy of any of such Safety Points, and you agree that you are solely responsible for your interactions with other members.
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the www.matchmaker.com service, or transmit to other www.matchmaker.com Members.
You will NOT post on the www.matchmaker.com service, or transmit to other www.matchmaker.com members or employees, 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 use the www.matchmaker.com service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Avalanche, LLC reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other www.matchmaker.com members.
You will 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.
You are solely responsible for your interactions with other www.matchmaker.com members. Avalanche, LLC reserves the right, but has no obligation, to monitor disputes between you and other members. Any infraction may lead to legal remedy on behalf of Avalanche, LLC
Indemnity by Member
You will defend, indemnify, and hold harmless Avalanche, LLC, 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 www.matchmaker.com Service, including, but not limited to, any breach by you of the terms of this Agreement.
Opinions, advice, statements, offers, or other information or content made available through the www.matchmaker.com service are those of their respective authors and not of Avalanche, LLC, and should not necessarily be relied upon. Such authors are solely responsible for such content. Avalanche, LLC does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Avalanche, LLC be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the www.matchmaker.com Service, or transmitted to www.matchmaker.com members. WARNING - PLEASE READ:
It is possible that other www.matchmaker.com members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the www.matchmaker.com Service and that you may be involuntarily exposed to such offensive or 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. Avalanche, LLC 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 www.matchmaker.com service or release to others.
Avalanche, LLC reserves the right, but has no obligation, to monitor the materials posted in the public areas of the www.matchmaker.com Service. Avalanche, LLC shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of Avalanche, LLC, you remain solely responsible for the content of the materials you post in the public areas of the Service and your private email messages. Emails sent between you and other www.matchmaker.com members that are not readily accessible to the general public will be treated as private by Avalanche, LLC to the extent required by applicable law.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the code of conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may transmit or record to the Service or send to the users of the Service.
Avalanche, LLC owns and retains other proprietary rights in the www.matchmaker.com Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Avalanche, LLC and its licensors. 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 permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of www.matchmaker.com, you automatically grant, and you represent and warrant that you have the right to grant, to Avalanche, LLC and other www.matchmaker.com members 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.
Information Supplied by Member
Mobile Fees and Payments
Any questions or disputes regarding billing, fees or payments should be addressed to your third party mobile phone service provider.
To resolve a complaint regarding the www.matchmaker.com service, you should first contact www.matchmaker.com Customer Support by clicking here
Disclaimer of Warranty
Avalanche, LLC provides the www.matchmaker.com Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with the Service or in connection with any communication with Avalanche, LLC or its representatives, or otherwise with respect to the Service. Avalanche, LLC specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Avalanche, LLC does not warrant that your use of the www.matchmaker.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Avalanche, LLC disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.
Limitation of Liability
In no event will Avalanche, LLC be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the www.matchmaker.com Service, even if Avalanche, LLC or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Avalanche, LLC'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 Avalanche, LLC for the Service during the term of membership.
In addition, Avalanche, LLC disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the www.matchmaker.com Service.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that Florida law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Florida, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Florida in connection with the Service or this Agreement. This Agreement, accepted upon registering for the www.matchmaker.com Service, contains the entire agreement between you and Avalanche, LLC regarding the use of the Service. This Agreement may only be amended upon notice by Avalanche, LLC to you, or by a writing signed by you and an authorized official of Avalanche, LLC Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
All amounts you pay in order to have the right to access the Services are non-refundable. We do not issue whole or partial refunds, regardless of whether any of the Services have been utilized or whether you have cancelled your subscription before its expiration.
Virtual Token Program
Avalanche, LLC offers Members the opportunity to purchase credits ("tokens") that can be applied towards the one-time usage of an image ("virtual [gift]") through its Virtual Token Program (the "Program"). Redemption of tokens in exchange for a virtual [gift] provides Members with a limited, non-transferable, revocable license to send the designated image to oneself or another Member. Neither you nor the recipient of a virtual [gift] obtains or retains any rights or ownership interest of any kind in or to any virtual [gift], nor may you or the recipient reproduce, distribute, transfer, save, download, modify or otherwise use the virtual [gift] in any manner other than as expressly authorized by Avalanche, LLC. Virtual [gift] images are owned by or licensed by Hemera Technologies Inc., and by participating in the Virtual Token Program, you consent to be bound by the terms and conditions of its license agreement.
Tokens cannot be redeemed for cash and are non-transferable. Tokens are non-refundable, except as required by law. Tokens are redeemable solely through www.matchmaker.com for virtual [gifts] listed on the website at the time of redemption. A Member's violation of these Terms or cancellation of a Member's account, as determined in the sole and absolute discretion of Avalanche, LLC, shall result in the forfeiture of any remaining unused tokens. Prices and availability of virtual [gifts] are subject to change without notice.UNUSED TOKENS SHALL EXPIRE 365 DAYS FROM THE DATE OF LAST ACTIVITY OF A MEMBER'S ACCOUNT, EXCEPT WHERE PROHIBITED BY LAW.
Avalanche, LLC reserves the right to cancel, modify, restrict, waive or terminate the Virtual Token Program or any aspects or features of the Virtual Token Program at any time without prior notice.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
If you believe that your copyright has been infringed through the use of this Site, please contact our Legal Department at email@example.com or mail at: www.matchmaker.com
Legal Department - Copyright Policy
1521 Alton Road #626
Miami Beach, FL. U.S.A.
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