Terms and Conditions
sexmatchdating.com - Agreement to Terms and Conditions
YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER OR USE THE sexmatchdating.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 sexmatchdating.com (hereinafter referred to as "sexmatchdating.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.
You must read, agree with, and accept all of the
terms and conditions contained in this Agreement
and our Privacy Policy, which include those terms
and conditions expressly set out below and those
incorporated by reference, before you use our
website or become a member of sexmatchdating.com.
We strongly recommend that, as you read this
Agreement, you also access and read the information
referred to in this document, as it may contain
further terms and conditions that apply to you
as an sexmatchdating.com user and/or member.
2.Change Control.
sexmatchdating.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 sexmatchdating.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 sexmatchdating.com Site.
3.Eligibility.
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 sexmatchdating.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 sexmatchdating.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 sexmatchdating.com site.
Your sexmatchdating.com account User ID and password
may not be transferred, loaned, given or sold to
another party.
4.Proprietary Rights of Content on sexmatchdating.com.
sexmatchdating.com owns and retains proprietary rights
in the sexmatchdating.com site and service. The site
contains the copyrighted material, trademarks,
and other proprietary information of sexmatchdating.com
and its licensors. You may not copy, modify, publish,
transmit, distribute, perform, display, or sell
any such proprietary information.
5.Content on the sexmatchdating.com Site.
By using the sexmatchdating.com Site, you agree that
sexmatchdating.com may delete any content, messages,
photos or profiles that in the sole discretion
of sexmatchdating.com may violate this Agreement or
which may be offensive, illegal, or violate the
rights, harm or threaten the safety of sexmatchdating.com,
its employees and agents, and/or sexmatchdating.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 sexmatchdating.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 sexmatchdating.com. You also
automatically grant, and represent and warrant
that you have the right to grant, to sexmatchdating.com
the right to prepare derivative works of, or incorporate
into other works 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 sexmatchdating.com and should not necessarily be
relied upon. Such members/users are solely responsible
for such content.
sexmatchdating.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 sexmatchdating.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 sexmatchdating.com.
Content that is illegal or prohibited on the sexmatchdating.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, sexmatchdating.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 sexmatchdating.com SITE IN A MANNER CONSISTENT
WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.
7.Prohibited Activities on the sexmatchdating.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
sexmatchdating.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 sexmatchdating.com, its directors, officers,
employees, agents, and/or representatives or cause
sexmatchdating.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.
sexmatchdating.com's agent for notice of claims of copyright
infringement is: ________________________________.
9.Subscription Fees.
sexmatchdating.com's subscription fees are $ 29.95 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
$ 29.95 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, sexmatchdating.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, sexmatchdating.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 afree that you ar charged monthly for the sexmatchdating.com service. You understand and agree that should you choose to cancel your membership prior to the end of your billing term,
you will be billed for that billing term in whole. You also understand and agree that you will be able to access the site for the remainder of your paid term, after confirming cancellation with CCBILL.com.
You may terminate your membership at any time by contacting CCBILL at https://support.ccbill.com.
10.Indemnity.
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.
11.Privacy.
We only use your information as described in our
Privacy Policy. Our current Privacy Policy is
available at http://www.sexmatchdating.com/privacy.php. sexmatchdating.com
may change the Privacy Policy in the future.
You should check the Privacy Policy frequently
for changes. You agree not to use any information
regarding other participants which is accessible
on the Site or disclosed to you by sexmatchdating.com.
You agree not to use any such information for
purposes of solicitation, advertisement, initiation
of unsolicited e-mail or spam, harassment, invasion
of privacy, or otherwise objectionable conduct.
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 sexmatchdating.com TO
THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
sexmatchdating.com DISCLAIMS ANY AND ALL SUCH WARRANTIES.
13.General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS,
EACH OF YOU RELEASE sexmatchdating.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 sexmatchdating.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.
15.Termination/Cancellation.
sexmatchdating.com reserves the right to terminate your
access to the site for any reason. In addition,
without limiting other remedies, sexmatchdating.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. sexmatchdating.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 sexmatchdating.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.
17.Disputes.
sexmatchdating.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 sexmatchdating.com Site. You are solely
responsible for your interactions with other
sexmatchdating.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 sexmatchdating.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 sexmatchdating.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 sexmatchdating.com pending the completion of
arbitration.
18.Disclaimers.
sexmatchdating.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 sexmatchdating.com, its officers, directors,
agents, employees and subsidiaries, or any user
and/or member of the sexmatchdating.com site, whether
online or offline.
sexmatchdating.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.
sexmatchdating.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 sexmatchdating.com site. Under no circumstances
is sexmatchdating.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
sexmatchdating.com members. sexmatchdating.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.
19.Licenses.
sexmatchdating.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, making any 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 sexmatchdating.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 sexmatchdating.com in accordance with applicable
law and the remainder of the Agreement shall
remain in full force.
21.Notices.
Except as explicitly stated otherwise, any notices
shall be given by postal mail to sexmatchdating.com
Attn:
Juicy Ent
PO Box 11238
Glendale, CA 91226
(in the case of sexmatchdating.com)
or to the email address you provide to sexmatchdating.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.




