MonsterMatch.net Terms
of Use Agreement
Welcome to MonsterMatch.net, the service for adults to meet each other
online operated by Monster Match. ("MonsterMatch.net"). By using the MonsterMatch.net
Website (the "Website") you agree to be bound by these Terms of
Use (this "Agreement"), whether or not you register as a member
("Member"). If you wish to become a Member and communicate with
other Members and make use of the MonsterMatch.net service (the "Service"),
read these Terms of Use and indicate your acceptance of them by following
the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website
and your membership in the Service and may be modified by MonsterMatch.net
from time to time, such modifications to be effective upon posting by MonsterMatch.net
on the Website. This Agreement includes MonsterMatch.net\'s Acceptable Use Policy
for Content Posted on the Website, MonsterMatch.net\'s Privacy Policy, and any
notices regarding the Website. You may also receive a copy of this Agreement
by emailing us at: customercare@MonsterMatch.net, Subject: Terms of Use Agreement.
1. Eligibility
You must be eighteen or over to register as
a member of MonsterMatch.net 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.
2. Term
This Agreement will remain in full force and effect
while you use the Website and/or are a Member. You may terminate your membership
at any time,
for any reason by following the instructions on the Resign pages in Account
Settings, or upon receipt by MonsterMatch.net of your written or email notice
of termination. MonsterMatch.net may terminate your membership for any reason,
effective upon sending notice to you at the email address you provide in your
application for membership, or such other email address as you may later provide
to MonsterMatch.net. If MonsterMatch.net terminates your membership in the
Service because you have breached the Agreement, you will not be entitled to
any refund of unused subscription fees. Even after membership is terminated,
this Agreement will remain in effect. Even after this Agreement is terminated,
certain provisions will remain in effect, including sections 5, 6, 8 and 10-16
of this Agreement.
3. Code of Ethics
I agree to adhere to the Monster Match Code of Ethics and certify that:
• I am not married.
• I will be truthful in the information presented in my Personal Profile.
• I will maintain any photos posted to my Personal Profile to within 3
years of the date taken.
• I will truthfully answer the questions in the Monster Match profile.
• I will not use any defamatory, abusive, obscene, profane, or otherwise
offensive material on the Monster Match website or in communications with other
Monster
Match Members.
• I will treat all fellow members with dignity and respect.
• I will notify Monster Match promptly of any Member\'s violation of this
Code of Ethics.
4. Non Commercial Use by Members
The Website is for the personal
use of individual Members only and may not be used in connection with any commercial
endeavors.
Organizations, companies, and/or businesses may not become Members and should
not use the Service or the Website for any purpose. Illegal and/or unauthorized
uses of the Website, including collecting usernames and/or email addresses
of members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Website will be investigated,
and appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress.
5. Proprietary Rights in Content on MonsterMatch.net
MonsterMatch.net owns
and retains all proprietary rights in the Website and the Service. The Website
contains the copyrighted material, trademarks, and other proprietary information
of MonsterMatch.net, and its licensors. Except for that information which is
in the public domain or for which you have been given written permission, you
may not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
6. Content Posted on the Site
a. You understand and agree that MonsterMatch.net may review and delete any
content, messages, MonsterMatch.net Messenger messages, photos or profiles
(collectively, "Content")
that in the sole judgment of MonsterMatch.net violate this Agreement or which
might be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post")
on the Service, or transmit to other Members.
c. By posting Content to any public area of MonsterMatch.net, you automatically
grant, and you represent and warrant that you have the right to grant, to MonsterMatch.net
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.
d. The following is a partial list of the kind of Content that is illegal or
prohibited on the Website. MonsterMatch.net reserves the right to investigate
and take appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending communication
from the Service and terminating the membership of such violators. It includes
Content that:
• is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
• provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under 18;
• 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; and
• engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable
laws and regulations.
f. You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members
to buy or sell any products or services through the Service. You may not transmit
any chain letters or junk email to other Members. Although MonsterMatch.net
cannot monitor the conduct of its Members off the Website, it is also a violation
of these rules to use any information obtained from the Service in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent. In order
to protect our Members from such advertising or solicitation, MonsterMatch.net
reserves the right to restrict the number of emails which a Member may send
to other Members in any 24-hour period to a number which MonsterMatch.net deems
appropriate in its sole discretion.
7. Copyright Policy
You may not post, distribute,
or reproduce in any way any copyrighted material, trademarks, or other proprietary
information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: an electronic
or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim is infringing
is located on the Website; your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner\'s behalf. MonsterMatch.net’s Copyright Agent for notice
of claims of copyright infringement can be reached as follows: MonsterMatch.net
Attn: Copyright Agent, 9665 Santa Monica Blvd, Suite# 429, Beverly Hills CA
90210
8. Subscription
If you sign up for multiple subscriptions
to MonsterMatch.net, you will be limited to only one instance of MonsterMatch.net
Messenger, regardless
of the number of subscribing accounts you may have with us.
9. Member Disputes
You are solely responsible for your interactions
with other MonsterMatch.net Members. MonsterMatch.net, Inc. reserves the right,
but has
no obligation, to monitor disputes between you and other Members.
10. Privacy
Use of the Website and/or the Service is also
governed by our Privacy Policy.
11. Disclaimers
MonsterMatch.net is not responsible for the legitimacy or any incorrect or
inaccurate content posted on the Website or in connection with the Service,
whether caused
by users of the Website, MonsterMatch.net, MonsterMatch.net employees, affiliates
of MonsterMatch.net, MonsterMatch.net Members or by any of the equipment or
programming associated with or utilized in the
Service. MonsterMatch.net is not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service. MonsterMatch.net
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. MonsterMatch.net 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 MonsterMatch.net 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
MonsterMatch.net expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. MonsterMatch.net cannot guarantee and does not
promise any specific results from use of the Website and/or the Service.
12. Limitation on Liability
Except in jurisdictions where
such provisions are restricted, in no event will MonsterMatch.net be liable
to you or any third
person for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the Web site
or the Service, even if MonsterMatch.net has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein,
MonsterMatch.net’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 MonsterMatch.net for the Service during the term of membership.
13. Promotion
Some profiles posted on the website
are for promotional purposes only.
14. U.S. Export Controls
Software from this
Website (the “Software”)
is further subject to United States export controls. No Software may be downloaded
from the Website or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department\'s list of Specially Designated Nationals or the U.S. Commerce Department\'s
Table of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
15. Disputes
If there is any dispute about or involving the
Website and/or the Service, by using the Website, you agree that the dispute
will be governed
by the laws of the State of California without regard to its conflict of law
provisions. You agree to personal jurisdiction by and venue in the state and
federal courts of the State of California, City of Los Angeles.
16. Indemnity
You agree to indemnify and hold MonsterMatch.net,
its subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from
any loss, liability, claim, or demand, including reasonable attorney\'s fees,
made by any third party due to or arising out of your use of the Service in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
17. Other
This Agreement, accepted upon use of the Website
and further affirmed by becoming a Member of the Service, contains the entire
agreement between
you and MonsterMatch.net regarding the use of the Website and/or the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
Please contact us with any questions regarding this agreement. MonsterMatch.net
is a trademark of Monster Match.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Monster Match will use commercially reasonable efforts to promptly respond
and resolve any problem or question. |
