YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER OR USE THE Affairmatch.com WEBSITE. BY ACCESSING THE WEBSITE YOU ARE WARRANTING THAT YOU ARE AT LEAST 18 YEARS OF AGE.
Welcome to the Terms and Conditions for Affairmatch.com (hereinafter referred to as "Affairmatch.com" or "Site"). You must read and agree to these Terms and Conditions before entering, accessing, viewing, and/or becoming a member of the Site. By accessing the Site, you are agreeing to its terms. If you do not agree or do not wish to be bound by the terms and conditions of this Agreement, do not use or access our services or our website.
1. Binding Nature.
2. Change Control.
Affairmatch.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the Site following Affairmatch.com posting changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Affairmatch.com Site.
Our services are only available to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least eighteen (18) years of age to enter the Affairmatch.com website. By using/viewing the site, 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 and that you are at least eighteen (18) years of age (twenty-one (21) years of age in AL, MS, NE, WY, and any other location where eighteen (18) is not the majority age). The materials on this site may include graphic visual depictions of nudity and sexual activity and should not be accessed by anyone who is younger than eighteen (18) years of age (twenty-one (21) years of age in AL, MS, NE, WY, and any other location where eighteen (18) is not the majority age) or who is offended by, or does not wish to be exposed to, such materials.
By using the Affairmatch.com Site you also represent and warrant that you are familiar with the standards in your community regarding the acceptance of sexually oriented materials, and the materials you expect to encounter are within those standards. You represent and warrant that the average adult in your community accepts the use of sexually oriented materials by willing adults in circumstances such as this Site which offers reasonable insulation from the materials for minors and unwilling adults. You further represent and warrant that you will not find such materials to appeal to a prurient interest or to be patently offensive.
You agree and warrant not to use and/or view the Site in a restricted location, including, but not limited to, a place, country, or location in which doing so could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Competitors are not authorized to access or use our website without express, written permission from us in advance of such access. If you do not qualify, please do not use the Affairmatch.com site.
Your Affairmatch.com account User ID and password may not be transferred, loaned, given or sold to another party.
4. Proprietary Rights of Content on Affairmatch.com.
Affairmatch.com owns and retains proprietary rights in the Affairmatch.com site and service. The site contains the copyrighted material, trademarks, and other proprietary information of Affairmatch.com and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content on the Affairmatch.com Site.
By using the Affairmatch.com Site, you agree that Affairmatch.com may delete any content, messages, photos or profiles that in the sole discretion of Affairmatch.com may violate this Agreement or which may be offensive, illegal, or violate the rights, harm or threaten the safety of Affairmatch.com, its employees and agents, and/or Affairmatch.com's members or users. You are solely responsible for the content you publish, display, and/or post on the Site or transmit to other Affairmatch.com members and/or users.
When you post content, messages, photos, or profiles to any public area of the Site, you represent and warrant that you have the right to grant, and automatically grant, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such content, rights of publicity, and content to Affairmatch.com. You also automatically grant, and represent and warrant that you have the right to grant, to Affairmatch.com the right to prepare derivative works of, or incorporate into otherworks and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
Opinions, advice, statements, offers or other information or content made available through the Site are those of their respective Member-author and not of Affairmatch.com and should not necessarily be relied upon. Such members/users are solely responsible for such content.
Affairmatch.com does not guarantee the accuracy, completeness, reliability or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy, reliability, or truthfulness of any opinion, communication, advice or statement made. Under no circumstances will Affairmatch.com be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site or transmitted to members or users.
6. Prohibited Content on Affairmatch.com.
Content that is illegal or prohibited on the Affairmatch.com site includes, but is not limited to: content that is patently offensive to the online community, such as content that promotes bigotry, racism, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades another person's or persons' privacy; involves the transmission of chain letters, junk e-mail, or unsolicited commercial e-mail; promotes information you know is false, misleading or promotes illegal activities or conduct that is obscene, threatening, abusive, libelous or defamatory; promotes an illegal or unauthorized copy of another person's copyrighted work; provides material that exploits persons under the age of eighteen (18) in a sexual or violent manner or solicits personal information from anyone under the age of eighteen (18); provides content that involves incest, swearing, violence, necrophilia, falsifying gender, bestiality, impersonation of a third party or another member, threat of suicide or harm to oneself or others, or drug paraphernalia; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat messages; and/or engages in commercial activities and/or sales without our prior written consent such as, but not limited to, contests, sweepstakes, and pyramid schemes.
In its sole discretion, Affairmatch.com will investigate and take appropriate action against anyone who violates this provision, including, but not limited to, limiting your activity, issuing a warning, removing the offending communication and/or content from the site or service, temporarily suspending you, indefinitely suspending you or terminating your membership and refusing to provide our services to you, and/or appropriate legal action. YOU MUST USE THE Affairmatch.com SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.
7. Prohibited Activities on the Affairmatch.com Site.
You represent and warrant that you will not use any robot, spider, scraper or other automatic device, or manual process to monitor, copy, reproduce, modify, create derivative works from, distribute or publicly display our web pages or the content contained herein without our prior expressed written permission and that of the appropriate third party, if applicable. You represent and warrant that you will not use any software, device, or routine to bypass, interfere, or attempt to interfere with the proper functioning of the Affairmatch.com site or take any action that may impose or imposes an unreasonable or disproportionately large load on our infrastructure and/or servers, or bypass any measures we may use to prevent or restrict access to the site.
Your activities on the Site shall not: (i) be false, inaccurate or misleading; (ii) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, or regulation; (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) be obscene or contain child pornography; (vi) contain any viruses, Trojan horses, or the like or other computer programming routines that may damage or interfere with the Site; and (vii) create liability for Affairmatch.com, its directors, officers, employees, agents, and/or representatives or cause Affairmatch.com, its directors, officers, employees, agents, and/or representatives to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not consummate any transaction that was initiated using our Site that could cause us to violate any applicable law, statute, ordinance or regulation.
The Site may not be used in connection with any commercial endeavors including, but not limited to, sending unsolicited commercial e-mail, sending advertisements to other websites, businesses, and/or services in the Site's chat rooms, or using member personal identifying information for commercial purposes. All illegal and/or unauthorized uses of the site will be investigated and appropriate legal action will be taken.
8. 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 a copy of your work is available on the Site without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Affairmatch.com's agent for notice of claims of copyright infringement is: ________________________________.
9. Subscription Fees.
Affairmatch.com's subscription fees are $39.08 for a 30-Day membership via credit card or online check payment. These fees are provided to you upon registration, but may change from time to time upon electronic notice to you. The membership fee is charged on a recurring basis and you shall not be required to manually renew membership each month. By becoming a member, you agree that $39.08 will be automatically withdrawn from your checking account or charged to your credit card every thirty (30) days until you cancel your membership. Your monthly membership fee will be processed by the CCbill Services, Affairmatch.com's authorized sales agent. Credit card statements are discreetly charged as "CCBILL.COM *Conglomerate."
Your membership fee is non-refundable once you use your username and password to access the Site. In rare circumstances, Affairmatch.com may issue a refund. Such refunds will only be made by crediting the credit card or checking account that was used to make the original purchase. No refunds will be made by cash or check.
You understand and agree that you are charged monthly for the Affairmatch.com service. You understand and agree that should you choose to cancel your membership prior to the beginning of the month, you will be billed for a month's membership. You also understand and agree that you will not be able to access the site for the remainder of the month after providing Affairmatch.com notice of your intent to cancel your membership. You may terminate your membership at any time by contacting customer service at ___________________.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. No Warranty.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES PROVIDE OUR WEBSITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE WILL BE AS REPRESENTED, LAWFUL, OR THAT USERS OR MEMBERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Affairmatch.com TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Affairmatch.com DISCLAIMS ANY AND ALL SUCH WARRANTIES.
13. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE Affairmatch.com, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY Affairmatch.com.
14. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSOR OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100.
Affairmatch.com reserves the right to terminate your access to the site for any reason. In addition, without limiting other remedies, Affairmatch.com may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. Affairmatch.com may terminate your membership upon sending notice to you at the email address you provide in your application for membership or other such email address as you may later provide to us. If Affairmatch.com terminates your membership for breach of this Agreement, you will not be entitled to any refund of any unused subscription fees.
16. Fraudulent Chargebacks
Any charge-backs to credit cards without communicating with us first are treated as Fraudulent. All details, including original order form, username, IP addresses and access logs bearing members IP addresses and/or e-mail addresses and username will be forwarded to the issuing Credit Card Company (Fraud Division), F.B.I. (Credit Card Fraud Division) and all Credit Reference Agencies which will probably result in a query into members credit card payment habits. Credit Card Fraud is a serious crime and will not be tolerated.
Affairmatch.com does not control the information provided by other users. You may find other user's information to be offensive, harmful, inaccurate, deceptive, or misleading. Please use caution when using the Affairmatch.com Site. You are solely responsible for your interactions with other Affairmatch.com members and/or users. If there is any dispute about or involving the Site, by using the Site you agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between Affairmatch.com members, shall be settled by binding arbitration in accordance with the arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Richmond, Virginia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Affairmatch.com may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Richmond, Virginia necessary to protect the rights or property of you or Affairmatch.com pending the completion of arbitration.
Affairmatch.com and its officers, directors, agents, employees and subsidiaries are not responsible for any incorrect or inaccurate content posted on the Site, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of Affairmatch.com, its officers, directors, agents, employees and subsidiaries, or any user and/or member of the Affairmatch.com site, whether online or offline.
Affairmatch.com is not responsible or 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 and/or member communications. Affairmatch.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-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 Affairmatch.com site. Under no circumstances is Affairmatch.com responsible for any loss or damage resulting from anyone's use of the Site and/or any content posted on the Site or transmitted to Affairmatch.com members. Affairmatch.com cannot guarantee and does not promise any specific results from use of the Site and does not guarantee or promise that e-mail communications received by users and/or members will be from real members and/or users of the site.
Affairmatch.com grants a limited license to each member or user to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, makingany derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
20. General Provisions.
This is the entire Agreement governing the use of the Affairmatch.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of California, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Affairmatch.com in accordance with applicable law and the remainder of the Agreement shall remain in full force.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Affairmatch.com Attn: [put Affairmatch.com legal address here] (in the case of Affairmatch.com) or to the email address you provide to Affairmatch.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.