PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS THE SITE OR REGISTER AS A MEMBER OF THE SITE. BY ACCESSING THE SITE OR REGISTERING AS A MEMBER OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE.
THE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, AS DISCUSSED IN SECTION 17 (AGREEMENT TO ARBITRATE). UNLESS YOU OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU WILL BE REQUIRED TO RESOLVE ANY CLAIMS OR DISPUTES BETWEEN YOU AND THESEXMATCHMAKER.COM ON AN INDIVIDUAL BASIS THROUGH ARBITRATION.
1. Your Agreement
These Terms govern: (i) your use of the Website, (ii) use of the Facilities to provide Content to other Members and Site Visitors; and (iii) your use of Content accessed through the Site. Please read these Terms carefully; they impose legal obligations on you and on thesexmatchmaker.com, and establish our legal relationship. By accessing our Website or registering as a Member of the Site, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. To assist you in your understanding of these Terms, we have included a set of definitions, located in Section 26 (Definitions).
In addition, if you become a Member, during the registration process you will be prompted to click an "I Accept" button, which further confirms your agreement to be legally bound by these Terms.
By using this Site, and in addition to the other terms and conditions set forth in this Agreement, you represent and warrant as follows: (a) you are at least 18 years old; (b) you are not currently restricted from using the Site, or not otherwise prohibited from having an account with us; (c) you have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (d) you will not violate any of our rights or the rights of other Site users, including intellectual property rights such as copyright or trademark rights; (e) you agree to provide at your cost all equipment, software and internet access necessary to use the Site; (f) you have the right to submit any content that you post and provide to us and grant the licenses set forth herein; (g) we do not and will not need to obtain licenses from any third party or pay royalties to any third party in connection with your video and non-video content for any reason; (h) the content you submit does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (i) the content you submit complies with all of the terms of this Agreement and all applicable laws.
You are only allowed to open one (1) Free Member account with us. You may, however, open multiple Paid Member accounts.
3. Our Website
We provide a range of features for our Members as follows:
3.1 Our Website
We provide our Members with access to an online social network, which is designed to allow them to find and communicate with old and new friends, based on shared interests. Members use our Site primarily via Member "profiles," which are personal web pages. As a Member, you can create a profile and, subject to certain contentrelated, bandwidth, and filesize restrictions, and you can include in your profile multimedia content including both photographs and a video (the "Profile"). Other Members then use your Profile to leave you messages (incorporating multimedia content, if they wish), to send you "instant messages," and to create links to their own Profiles. Depending on the privacy controls you have set for your Profile, you have the ability to "open" your Profile not just to close friends, but to others, including all other Members.
Member exchanges via Profiles are supplemented by additional features of our Site, that allow Members to: (i) contribute to forums, stories, and group message areas, and (ii) utilize other Facilities that we provide.
3.2 Summary of Site
3.3 Additional Guidelines
thesexmatchmaker.com may post additional guidelines on its Website relating to your use of the Site. You agree to adhere to, and to be bound by, all guidelines that thesexmatchmaker.com chooses to post on the Website. In the event that there is a conflict between these Terms and any guidelines that we post on our Site, these Terms shall control.
4. Registration Process; Membership Types
4.1 Registration Process; Password
4.1.1 Registration Process
4.1.2 Protecting your Password
Please keep in mind that we will treat anyone who uses your password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Facilities and your participation on our Website. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
4.2 Membership Types
4.2.1 Free Members
You can become a Free Member simply by completing Registration. Free Members have limited access to our Facilities. For example, Free Members do not have access to view the full text of messages sent by other Members or to communicate with any other Member.
4.2.2 Paid Members
After completing Registration and approval of your Profile by thesexmatchmaker.com, which approval may be granted or denied in thesexmatchmaker.com's sole discretion, you can opt to become a Paid Member by submitting payment to thesexmatchmaker.com pursuant to the guidelines posted on the Site. Paid Members enjoy additional access to Content on our Site that is not available to Free Members.
4.2.3 Lifetime Members
Members may pay to become Lifetime Members. Lifetime Member accounts have no account renewal obligations and Lifetime Members are not required to pay thesexmatchmaker.com fees beyond those initially paid to thesexmatchmaker.com in order to obtain a Lifetime Member account. Lifetime Members are entitled to access our Site until the unlikely and unfortunate event that the Site is shutdown or made generally unavailable or the account is terminated pursuant to Section 10 (Monitoring of Facilities; Removing Postings). thesexmatchmaker.com will make commercially reasonable efforts to keep the Site continually active.
184.108.40.206. Content Gatekeepers
Certain Lifetime Members have been selected to review and filter Visual Content as set out in Section 10.1 (Filters; Blocking and Removal of Content) and to monitor chatrooms (the "Content Gatekeepers"). thesexmatchmaker.com reserves the right, in its sole discretion, to revoke the rights and obligations of Content Gatekeepers. Content Gatekeepers are treated as Lifetime Members for purposes of these Terms.
4.2.4 Charter Members
4.2.5 VIP Members
You may request to become a VIP Member of our Site. As a VIP Member, you are allowed to post information about upcoming events, in the appropriate area(s) ("Party Information"). thesexmatchmaker.com reserves the right to post Party Information on the Site and on any of our affiliate Sites. thesexmatchmaker.com shall decide, in its sole discretion, if you qualify as a VIP Member. VIP Members are treated as Paid Members for all other purposes.
4.3 Site Visitors
Users who access our Site without becoming Members have very limited access to the Facilities that we provide and the Content posted on our Site.
5. Billing and Refunds
6. Limited Grant of Rights; Profile and Facilities
Our Website is designed to facilitate your interactions with other Members through the use of our Facilities and the creation of your Profile. The following specific provisions govern the creation, use, and treatment of: (i) Member Profiles, (ii) our Facilities; and (iii) the Content.
To allow you to interact with other Members and to participate in our social community, thesexmatchmaker.com has made available to you a range of facilities that allow you to interact with other Members via the: (i) Profile, (ii) forums, (iii) chatrooms, (iv) stories, (v) club listings, (vi) email, (vii) instant messaging; and (viii) other facilities that we may make available from time to time (collectively, the "Facilities"). The Facilities format the Content, store the uploaded Content until it retrieves the Content at the request of other Members, at which point the Facilities transmit the Content to the requesting Member.
Members may post personal Visual Content that is only accessible to other Members (after said Members have been affirmatively given access from the uploading Member) via a gallery page (the "Gallery"). The Gallery is intended to be a secure area in which uploaded personal Visual Content is accessed and viewed by other Members in a secure, non-downloadable format.
6.2 Privacy, Your Profile, and Privacy Controls
To allow you greater flexibility in the information you include in your Profile, we provide you with privacy controls that allow you to control certain aspects of your Profile. You may, for example, request that your Profile be designated as "offline" to our online community (our "Privacy Controls"). You may also "block" particular Members from accessing your Profile or contacting you through the Site. In addition, you may designate Visual Content as: (i) public, (ii) private, or (iii) personal. Visual Content designated as "public" can be generally accessed, Visual Content designated as "private" restricts those that may access your Visual Content, and Visual Content designated as "personal" is designated for your personal gallery only, which can only be viewed by those that you affirmatively designate as having authorization to access personal Visual Content.
Please choose carefully the information you post on your Profile and information that you provide to other Members. Your Profile is freely available to other Members, you MUST not include information in your profile that personally identifies you, such as your telephone number, street address, last name, email address, or any photograph or video that may allow other Members to determine your physical location. Additionally, link or references to other websites are forbidden in profiles.
6.3 Your Grant of Rights to thesexmatchmaker.com
thesexmatchmaker.com has established a host of Facilities to assist you in your efforts to interact with other Members. This section outlines the rights that thesexmatchmaker.com has in the Content.
6.3.1 Visual Content
You grant to thesexmatchmaker.com, pursuant to your intellectual property rights, only those limited rights that are necessary for thesexmatchmaker.com to assist you in your posting of Visual Content using our Facilities and to enhance the experience that users enjoy when accessing our Site. Please be aware that no compensation will be paid to you or any third party with respect to our use of your Visual Content under this grant.
6.3.2 Textual Content
You grant to thesexmatchmaker.com, pursuant to your intellectual property rights, a perpetual, non-exclusive, royaltyfree, sublicensable right to use, copy, modify, adapt, display, perform, and distribute your Textual Content (the "Textual Content License"). thesexmatchmaker.com may, in its sole discretion, provide attribution should it exercise any of its rights pursuant to the Textual Content License.
6.4 Formatting; Visual Content Compatibility
In order to maintain the efficient operation of the Site, thesexmatchmaker.com implements certain format and filesize standards for visual Content uploaded by Members. By submitting Visual Content to our Site, you authorize thesexmatchmaker.com to convert the submitted Visual Content into a format and size that is compatible with the Site's requirements ("Visual Content Formatting"). Visual Content Formatting is done solely to ensure technical compatibility between the uploaded Visual Content and our Site and does not have an impact on the subject matter of the Visual Content.
6.5 Your Grant of Rights to Other Members and Site Visitors
You grant to other Members, under your intellectual property rights, the right to access and view Content that you have posted solely for their personal, non-public use. Subject to the limitations set out in Section 10.1 (Filters; Blocking and Removal of Content), you have the option of restricting this grant by identifying particular Visual Content as "private" or "personal," which is designed to prevent other Members from being allowed to access or view Visual Content that has been uploaded onto the Site unless first given permission by you. Please be aware that, depending on the Privacy Controls that you have selected, it may be possible for Site Visitors to view your Profile or the Content that you have uploaded onto the Site. If your Privacy Controls are set to allow this, then you will be deemed to have granted Site Visitors the same rights granted to other Members pursuant to this Section 6.5 (Your Grant of Rights to Other Members and Site Visitors). Nothing in these Terms shall be construed as giving other Members any rights other than those explicitly stated in this Section 6.5 (Your Grant of Rights to Other Members and Site Visitors).
6.6 Rights You Must Have in Your Content; Records
When you post Content on our Site through the Facilities, you represent and warrant: (i) that you hold all rights needed to grant requisite rights under Section 6.3 (Your Grant of Rights to thesexmatchmaker.com) and Section 6.5 (Your Grant of Rights to Other Members and Site Visitors), (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under "fair use" principles), (iii) that each person depicted in images, video, or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms, (iv) that you are responsible for managing and editing the Visual Content; and (v) that you will maintain, if required by law, any records pursuant to 18 U.S.C. §2257 for Content that you upload onto the Site. You should seek independent legal counsel if you have any questions as to the rights and obligations that you have pursuant to this or any other section.
You represent and warrant that you will not use the Site to engage in any activity that (i) promotes or facilitates prostitution, (ii) facilitates traffickers in advertising the sale of unlawful sex acts with sex trafficking victims, or (iii) may violate the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). You further represent and warrant that you will defend, indemnify, and hold thesexmatchmaker.com and its subsidiaries, affiliates, officers, directors, agents, and employees harmless for claims, including reasonable attorneys’ fees, arising from any claim alleging that you have (i) promoted or facilitated prostitution, (ii) facilitated traffickers in advertising the sale of unlawful sex acts with sex trafficking victims, and/or (iii) violated FOSTA.
6.8 Advertisements and Profiles
You represent and warrant that you shall not use your Profile to: (i) advertise for, or make any reference to, any other website, (ii) sell any product or service, (iii) attempt to attract our Members or Site Visitors to any other website; or (iv) use any Textual Content for any commercial purpose.
6.9 Use of Profiles in Promotions
We believe that our Members' own experiences on the Site can often act as the strongest promotion for the Site. To promote the Site, therefore, we may wish to post on our Home Page, and in other areas of the Site, Profiles and other Content of our Members. We assume that Members who choose not to employ our Privacy Controls to prevent this use are interested in (or do not object to) publicizing their Profiles and related Content, and you acknowledge that we will be entitled to use these Members' Profiles and Content in connection with our advertisements and promotions for the Site.
6.10 Termination of Rights; Survival
thesexmatchmaker.com expressly disclaims ownership in all Visual Content. You can request, and thesexmatchmaker.com will remove within a reasonable time, the Visual Content that you post on our Site. Any rights that you grant to thesexmatchmaker.com, Other Members, and Site Visitors in the Visual Content terminate upon your removal of the Visual Content from our Site. The Textual Content License continues in perpetuity.
7. thesexmatchmaker.com's Grant of Rights to You
In this section, thesexmatchmaker.com gives Members the rights and privileges that they will need to participate in our Website via the Facilities.
7.1 Rights to Access and Participate in Facilities
Subject to your compliance with these Terms, thesexmatchmaker.com grants to you a limited, non-exclusive license to access and use the Facilities for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You are solely responsible for the activity that occurs on your account and for the content you upload and, if applicable, you must keep your account password secure. thesexmatchmaker.com's grant in the Facilities to you is limited to your personal use and solely to access the Content in connection with your rights and obligations set out in Section 6 (Limited Grant of Rights; Profile and Facilities) and Section 7 (thesexmatchmaker.com's Grant of Rights to You). The Website may not be used in connection with any commercial endeavor except (i) those commercial endeavors set out in these Terms, and (ii) other commercial endeavors that we specifically consent to in writing.
7.2 thesexmatchmaker.com Ownership; Reservation of Rights
thesexmatchmaker.com Content means all content available on or through the Website – other than Content – including all information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website, or embodied in the Facilities or the content ("thesexmatchmaker.com Content"). thesexmatchmaker.com and its Licensors own all thesexmatchmaker.com Content. The thesexmatchmaker.com Content is protected by U.S. and international copyright, trademark, and other intellectual property laws, and thesexmatchmaker.com retains all rights with respect to the: (i) thesexmatchmaker.com Content, (ii) Website; and (iii) Facilities; except those expressly granted to you in these Terms. You agree not to use, duplicate, publish, display, distribute, modify, or create derivative works from thesexmatchmaker.com Content except as expressly allowed in Section 7.1 (Rights to Access and Participate in Facilities), unless specifically authorized in writing by thesexmatchmaker.com.
8. Code of Conduct
As a condition to your use of the Website, the Content, and the Facilities, you agree to comply with these Terms and to follow our Code of Conduct as set out below. Under this Code, you will not:
8.1 Upload, email or otherwise transmit any images, material, or other Content that is intentionally false, defamatory, threatening, harassing, intimidating, illegal, obscene, abusive, or otherwise in violation of any of the guidelines posted on our Site or in our Terms, or in any other way promotes racist, hateful, bigoted or otherwise harmful speech against another Member or group of Members.
8.2 Attempt to solicit Members directly.
8.3 Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
8.4 Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. No material may be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
8.5 Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computerÂprogramming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, including but not limited to limiting the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, or interfere with the performance of, the Site.
8.6 Seek to use for financial gain the Website, related computer Facilities, or information available on the Website unless prior written authorization has been given by thesexmatchmaker.com.
8.7 Use the Website, or anything available on the Website, to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
8.8 Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations, forwarding chain letters, sending "spam" email, “chain letters,” “pyramid schemes,” or any other form of solicitation.
8.9 Seek to obtain access to any materials or information through "hacking," "scraping," or through other means we have not intentionally made available to you through the Website.
8.10 Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Facilities, or Content to violate any law, statute, or regulation. Further, you will not use the website to engage in or promote illegal activities, such as instructions on or promotion of purchasing or creating illegal drugs, explosives or weaponry, or promoting or selling child pornography, controlled substances or pharmaceuticals.
8.10.1 Use the Site to engage in any activity that may violate FOSTA, including but not limited to, using the Site to engage in any activity that (i) promotes or facilitates prostitution or (ii) facilitates traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. You acknowledge and agree that you will defend, indemnify, and hold thesexmatchmaker.com and its subsidiaries, affiliates, officers, directors, agents, and employees harmless for claims, including reasonable attorneys’ fees, arising from any claim alleging that you have (i) promoted or facilitated prostitution, (ii) facilitated traffickers in advertising the sale of unlawful sex acts with sex trafficking victims, and/or (iii) violated FOSTA
8.11 Use the Site to solicit information from, peruse or collect pictures or other images of, or engage in or attempt to engage in any other interactions with any person under the age of 18.
8.12 Solicit money, passwords or other personal identifying information from a Member.
8.13 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. Similarly, you will not upload, post, email, or otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security or other market.
8.14 Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this Site, or express or imply that we endorse any statement you make. Use the Site to solicit information from, peruse or collect pictures or other images of, or engage in or attempt to engage in any other interactions with any person under the age of 18.
8.15 Use any Member email address obtained from our Site for any purpose other than as directed by that Member. Notwithstanding the foregoing, under no circumstances including, but not limited to, direction by said Member, shall you use any email address to send advertisements or other solicitation to our Members.
8.16 Advertise or make any personal information, including but not limited to phone numbers, Kik usernames, or email addresses, available on your Profile.
We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that thesexmatchmaker.com does not endorse the Content accessed through our Facilities. When you use our Facilities, you do so at your own risk, and we expressly disclaim responsibility for the Content accessed through these Facilities.
9. Chatroom Guidelines
As a condition to your use of the chatroom, you agree to comply with these Terms, the Code of Conduct, and the Chatroom Guidelines as set out below.
9.1 Do not advertise businesses, competing websites, or other sites in the chatroom. Such advertisements are considered “Spam.” If a Member sends Spam, the Member may be booted from the chatroom.
9.2 Do not flood the chatroom with useless messages.
9.3 Be aware that some Members consider text written entirely in block capitals equivalent to shouting. Writing text entirely in block capitals is discouraged; however, it is not a bootable offense.
9.4 Be polite to other Members.
9.5 Do not use the chatroom for any purpose that is unlawful or prohibited by these Terms.
9.6 Do not use the chatroom to engage in any activity that (i) promotes or facilitates prostitution, (ii) facilitates traffickers in advertising the sale of unlawful sex acts with sex trafficking victims, or (iii) may violate FOSTA.
9.7 You should only boot another Member from the chatroom if such Member is egregiously abusing the chatroom. Egregious abuse of the chatroom includes but is not limited to the following actions by Members:
9.7.1 Sending multiple rude, disrespectful, or insulting comments to other Members,
9.7.2 Sending messages that discuss or suggest bestiality or sexual relations with minors,
9.7.3 Posting outside contact addresses or website addresses,
9.7.4 Sending Spam or sending multiple messages in order to disrupt the chatroom, or
9.7.5 Sending messages or content to threaten others.
9.8 Misuse of the ability to boot other Members from a chatroom may result in the removal of your ability to boot Members from a chatroom in the future.
9.9 Do not retaliate if you are booted from a chatroom.
9.10 Report any problems regarding the use of chatrooms to us, by clicking firstname.lastname@example.org.
10. Monitoring of Facilities; Removing Postings
Furthermore, we reserve the right to audit your use of the Site. We also reserve the right to conduct investigations at any time and within our sole discretion. Such audits and investigations may include, but are not limited to, monitoring your use of the Website, your Profile, any communications made on the Site, and other Content transmitted through the Site.
10.1 Filters; Blocking and Removal of Content
We may employ filters designed to detect and block the transmission of messages that contain inappropriate or unauthorized content. We reserve the right to edit, refuse to post, or remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct or these Terms.
thesexmatchmaker.com has implemented specific guidelines for the subject matter that can be depicted in the Content that you upload onto the Website. In an effort to ensure Member compliance with the Content guidelines, thesexmatchmaker.com has created procedures for reviewing uploaded Visual Content. Visual Content that is designated as "public" is first reviewed and filtered by Content Gatekeepers and is designed to ensure compliance with our guidelines and these Terms and then reviewed by thesexmatchmaker.com employees before it is posted on our Site. Visual Content that is designated as "private" is only intended to be reviewed and filtered by thesexmatchmaker.com before it is posted on our Site. Finally, Visual Content that is designated as "personal" is reviewed and filtered by only Content Gatekeepers before it is posted on our Site. thesexmatchmaker.com may choose, but does not assume the obligation, to "spot check" “personal” Visual Content to ensure that the Visual Content posted complies with the guidelines provided on the Site. Nothing in this Section 10.1 (Filters; Blocking and Removal of Content) is to be construed as absolving you of your obligations pursuant to (i) Section 6.6 (Rights You Must Have in Your ContentÍ¾ Records) or (ii) Section 6.7 (Compliance with FOSTA). thesexmatchmaker.com has no, and assumes no, responsibility for the Content that you have uploaded onto the Website.
10.2 Reports and Complaints
If you believe that a Member or other user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 27 (Contact Us) or as otherwise may be provided on our Site. If we are notified by a Member or Site Visitor that he or she believes Content at the Site does not comply with our Code of Conduct or these Terms, we may investigate the allegation and determine, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content at any time, with or without notice, and without liability in order to ensure compliance with our Terms and our posted guidelines.
10.2.1 Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your account(s) or your access to our Site or to certain Facilities at any time and for any reason, in our sole discretion. In the event that thesexmatchmaker.com terminates a paid account, all membership fees paid up to the date of termination are nonrefundable. Upon such termination, all rights and licenses granted to you under this Agreement are immediately terminated.
10.4 Member disputes
You are solely responsible for your interaction with other Members, both online or offline. We may monitor disputes between you and other Members, but we have no obligation to become involved. If you have a dispute with one or more Members, you release thesexmatchmaker.com (and our officers, directors, agents, employees, subsidiaries, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You assume all risks in your interactions with other Members. You agree to engage in all appropriate and necessary safety measures should you choose to meet any Member. We make no representations, express or implied, regarding the conduct of our Members.
11. Privacy and Your Disclosure of Information Via Our Facilities
We allow certain companies to place links on our Site. Although we have selected these companies, we are not responsible for your choice to contact or do business with them. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. thesexmatchmaker.com is not responsible for the content or the privacy practices employed by other websites. Your correspondence and dealings with these companies, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the company, and you agree that thesexmatchmaker.com shall not be responsible or liable for any loss or damage incurred as the result of your dealings with said companies or as the result of the presence of said companies on our Site.
The Website may contain links or references to third party websites. thesexmatchmaker.com has no control over these third party sites or their content and does not assume responsibility or liability for any content, opinions, or materials and products available on them. thesexmatchmaker.com does not endorse the content of any third party site, nor does thesexmatchmaker.com warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you link to any third party site through our Site, please be aware that you are doing so at your own risk.
13. Technical Restrictions; Remedies
You must respect our file size, bandwidth and storage limitations for Content you submit and the Profile you create. If we determine, in our discretion, that it is necessary, we will disable or take other related action concerning accounts that in our view are using excessive bandwidth or other system resources. In addition, we reserve the right, if we find it necessary (in our discretion), to delete or change a Member's username and URL address, and to restrict the number of emails which a Member sends to other Members in any 24-hour period, if we believe, in our discretion, that the volume of email is too large.
14. Warranty Disclaimer
THESEXMATCHMAKER.COM DOES NOT WARRANT THAT THE WEBSITE WILL BE ERRORFREE OR UNINTERRUPTED, OR THAT THE CONTENT, FACILITIES, AND FEATURES OFFERED ON OUR SITE WILL BE PROVIDED ERRORFREE OR UNINTERRUPTED. THE SITE, AND ALL OF THE PROGRAMS AND FACILITIES ON THE SITE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THESEXMATCHMAKER.COM DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANYTHING YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESEXMATCHMAKER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
Please consider maintaining backup copies of the Content you post on your Profile.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THESEXMATCHMAKER.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SITE, ITS PROGRAMS, SERVICES, CONTENT, PROMOTIONAL ITEMS, OR GIVEAWAYS, EVEN IF THESEXMATCHMAKER.COM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THESEXMATCHMAKER.COM'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO, OR ARISING OUT OF, THE SITE OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED $100.00.
YOU MAY DECIDE TO ENGAGE IN OFFLINE ACTIVITIES WITH MEMBERS FROM OUR SITE ON AN INDIVIDUAL BASIS, IN GROUPS, OR THROUGH EVENT LISTINGS. YOU ACKNOWLEDGE THAT THESEXMATCHMAKER.COM MAKES NO WARRANTIES WITH RESPECT TO ANY MEMBER, ANY INFORMATION PROVIDED BY ANY MEMBER ON THE WEBSITE, OR ANY INFORMATION REGARDING PARTIES. YOU AGREE TO RELEASE AND HOLD THESEXMATCHMAKER.COM HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, DEATH, PERSONAL OR BODILY INJURIES, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE ACTIVITIES, INCLUDING BUT NOT LIMITED TO MEETINGS, COMMUNICATION, OR ANY OTHER FORM OF ENGAGEMENT WITH ANOTHER MEMBER ON THE SITE, WHICH INCLUDES MEMBERS WHO MAY HAVE REGISTERED UNDER FALSE PRETENSES OR WHO MAY ATTEMPT TO HARM YOU. YOU ACKNOWLEDGE THAT THESEXMATCHMAKER.COM IS NOT OBLIGATED TO PERFORM ANY SORT OF CRIMINAL OR OTHER BACKGROUND CHECKS ON ITS MEMBERS. THESEXMATCHMAKER.COM RESERVES THE RIGHT TO PERFORM SUCH BACKGROUND CHECKS OR OTHER SCREENINGS (INCLUDING BUT NOT LIMITED TO SEXUAL OFFENDER REGISTRIES) AT ANY TIME USING ALL AVAILABLE RESOURCES AND BY BECOMING A MEMBER OF THIS SITE, YOU HEREBY CONSENT TO SUCH SEARCHES. THESEXMATCHMAKER.COM IS UNDER NO OBLIGATION TO INFORM ANY MEMBERS OF THE RESULTS OF SUCH SEARCHES, IF ANY ARE SO PERFORMED, OR TO TAKE ANY ACTION AGAINST THE SUBJECTS OF SUCH SEARCHES BASED UPON SEARCH RESULTS.
You agree to defend, indemnify, and hold thesexmatchmaker.com and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, arising from or related to any of the following (each, a “Claim”): (a) your use of, inability to use, or activities in connection with this Site; (b) any violation of this Agreement or any other terms, conditions, or policies by you or through any account you may have with this Site; (c) any transaction you may enter into through or in connection with this Site; (d) any allegation that any submission or other materials that you made available through this Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any other Member, user, consumer, or any other third party; and you will reimburse thesexmatchmaker.com on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any such Claims. This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Site or remove submissions from the Site
17. Governing Law and Jurisdiction
Any disputes arising under or in connection with these Terms (including any of our policies referred to herein) or this Site will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, excluding conflict of laws principles. In addition, each party agrees that any claim, action or dispute arising under or relating to these Terms or this Site will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of the Province of Ontario. Nothing in the foregoing will prevent thesexmatchmaker.com from bringing an action for infringement of intellectual property rights in any jurisdiction where such infringement is alleged to occur.
18. Additional Terms for Certain Facilities or Sites
We may offer certain programs or Facilities on our Website that are subject to additional or different terms and conditions. We will notify you if the program or facility you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such programs or Facilities if you do not agree with the differing terms and conditions.
19. Modifications to these Terms
We reserve the right to modify, in our sole discretion, these Terms, at any time and for any reason. A revised set of Terms will be effective as of the date it is posted on the Site and thesexmatchmaker.com is under no obligation to notify you of any such changes beyond such post. If you do not want to agree to the changes in the Terms, you may terminate your membership.
These Terms shall not be assignable by you, either in whole or in part. thesexmatchmaker.com reserves the right to assign its rights and obligations under these Terms.
21. Governing Law
These Terms shall be governed in all respects by the laws of Ontario without giving effect to its conflict of law provision.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent allowed by law. The waiver by thesexmatchmaker.com of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. thesexmatchmaker.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Facilities of thesexmatchmaker.com and our Website are available only where permitted by law. By using our Site, you warrant that the laws of your particular jurisdiction do not prohibit your activities or your use of our Site. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms. You agree that a violation of this Agreement could cause irreparable harm to thesexmatchmaker.com. As such, thesexmatchmaker.com is entitled to seek an injunction against you without the necessity of posting any bond or other security. This Agreement and the terms and conditions contained herein set forth the entire understanding and agreement between thesexmatchmaker.com and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
23. Duration of Rights
You will continue to enjoy your rights and to owe obligations under these Terms until (i) you cease your use of the Facilities, or (ii) your password is revoked or suspended for misconduct, as set out in Section 10.3 (Revocation or Suspension of Use Privileges).
24. Duration of Terms; Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 6.10 (Termination of Rights; Survival) Section 7.2 (thesexmatchmaker.com Ownership; Reservation of Rights) Section 14 (Warranty Disclaimer) Section 15 (Limitation of Liability) Section 16 (Indemnity) Section 17 (Agreement to Arbitrate) Section 20 (Assignment) Section 21 (Governing Law) Section 22 (General) Section 24 (Duration of Terms; Survival)
26.1 “Agreement” means these terms and conditions, as may be amended and modified from time to time by thesexmatchmaker.com in its sole discretion.
26.2 “Agreement to Arbitrate” has the meaning set out in Section 17 (Agreement to Arbitrate).
26.3 "Charter Members" has the meaning set out in Section 4.2.4 (Charter Members).
26.4 "Content" shall mean both Textual Content and Visual Content.
26.5 "Content Gatekeepers" has the meaning set out in Section 220.127.116.11 (Content Gatekeepers).
26.6 "thesexmatchmaker.com Content" has the meaning set out in Section 7.2 (thesexmatchmaker.com Ownership; Reservation of Rights).
26.7 "Facilities" has the meaning set out in Section 6.1 (Facilities).
26.8 “FOSTA” means the Allow States and Victims to Fight Online Sex Trafficking Act.
26.9 "Lifetime Member" has the meaning set out in Section 4.2.3 (Lifetime Members).
26.10 "Member" shall mean collectively: (i) Free Members, (ii) Paid Members, (iii) Lifetime Members; and (iv) VIP Members, or any combination of (i)(iv) as the context permits.
26.11 “Notice of Dispute” has the meaning set out in Section 17 (Agreement to Arbitrate).
26.12 “Opt-Out Notice” has the meaning set out in Section 17 (Agreement to Arbitrate).
26.13 "Paid Member" has the meaning set out in Section 4.2.2 (Paid Members).
26.14 "Party Information" has the meaning set out in Section 4.2.5 (VIP Members).
26.16 "Privacy Controls" shall mean the options that Members have to protect the information that they provide to the Website. For a detailed discussion of your Privacy Controls, please refer to Section 6.2 (Privacy, Your Profile, and Privacy Controls).
26.17 "Profile" has the meaning set out in Section 3.1 (Our Website).
26.18 "Registration" shall mean the process by which a user of our Site becomes a Member. For a detailed explanation of this process, please see Section 4 (Registration Process; Membership Types).
26.19 "Site Visitors" has the meaning set out in Section 4.3 (Site Visitors).
26.20 “Spam” has the meaning set out in Section 9.1.
26.21 "Textual Content" shall mean and include: (i) text based information that is posted on a Member Profile, (ii) text based information regarding Party Information, (iii) forum postings, (iv) email sent from Members of our Site to other Members, (v) instant messages sent between Members, (vi) any story submissions, (vii) statements made while participating in a chatroom; and (viii) any feedback about our Site and Facilities.
26.22 "VIP Member" has the meaning set out in Section 4.2.5 (VIP Members).
26.23 "Visual Content" shall mean: (i) photographs, (ii) visual depictions; and (iii) videos; that are posted on our site.
26.24 “Visual Content Formatting” shall have the meaning set out in Section 6.4 (Formatting; Visual Content Capability).
26.25 “Written Submission Arbitration” has the meaning set out in Section 17 (Agreement to Arbitrate).
27. Contact Us
If you have any questions, please send an email to email@example.com.
These terms were last updated on October 21, 2020.
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