Welcome to Matchmaking Moms.com,
the website that lets you help family and friends get
connected. Matchmaking Moms, Inc., a California
corporation (“Matchmaking Moms”) currently
provides Internet dating services (“Services”)
at MatchmakingMoms.com, MatchmakingFriends.com and MatchmakingKids.com
(collectively, the “Websites”). By using the
Websites, you agree that you are bound by the terms of
this Terms of Use Agreement (the “Agreement”),
regardless of whether or not you create and maintain a
profile (“Profile”) or participate on the
Websites. Browsing, joining and/or posting a Profile on
the Websites constitutes usage (hereinafter, (“Participation”)
and is governed by this Agreement. This Agreement contains
the legally binding terms regarding your use of the Websites,
which may be modified by Matchmaking Moms, at any time
and which will be effective upon its posting by Matchmaking Moms on the Websites.
Your Participation in the Websites and Services (and your
use of other sites operated or services provided by Matchmaking Moms) following this notification constitutes your acceptance
of this Agreement, as well as the terms and conditions
contained in the updated Privacy
Policy. The use of information provided by you through
the Websites is governed by the Privacy Policy. If you
do not want the information that you have provided to
us in the past used in the ways described in the Privacy
Policy, please send an email to info@matchmakingmoms.com.
YOUR PARTICIPATION ON THE WEBSITES INDICATES
YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND YOUR
ACCEPTANCE OF THEM.
Please read this Agreement carefully. If you disagree
with anything in this Agreement, please do not use this
or any of the Websites. If you have any questions regarding
this Agreement, please contact us at info@matchmakingmoms.com.
ELIGIBILITY
YOU MUST BE AN INDIVIDUAL
WHO IS AT LEAST EIGHTEEN (18) YEARS OLD TO PARTICIPATE
ON THE WEBSITES.
Organizations, companies or other businesses may not participate
on the Websites for any purpose. You represent and warrant
that your use and access of the Websites does not violate
any law of your state, province or nation. You further
represent that by participating on the Websites you have
the authority, right, and capacity to enter into this
Agreement and to abide by all of its terms and conditions.
Further, you represent and warrant to Matchmaking Moms
that you are not acting as an agent or attorney for any
other person, including any government or governmental
agency or branch. Matchmaking Moms may terminate any Profile
created by you without notice upon any violation of these
eligibility requirements and/or the Rules Regarding Content
Posted, below.
Matchmaking Moms reserves the right to refuse service
to anyone.
TERM
You may Participate on the Websites in compliance with
this Agreement until terminated by you or by Matchmaking Moms. If you wish to terminate your account you may do
so at any time, with or without cause, by logging into
“My Account”, choosing “Subscription”
and then choosing “End My Subscription”. Similarly,
Matchmaking Moms may terminate your account at any time,
with or without cause; such termination to be effective
upon sending you notice at the email address provided
by you during the registration process, or such other
email addresses as you may later provide to Matchmaking Moms. In the event that Matchmaking Moms terminates this
Agreement due to a breach by you of its terms, you will
not be eligible to receive any refund of your registration
fees or other fees paid. Certain provisions of this Agreement
will survive termination, including but not limited to
the sections entitled, “Copyright,” “Prohibited
Content,” “Privacy,” “Disclaimers,”
“Limitation on Liability,” and “Indemnity.”
NO MODERATION;
CARE IN GIVING INFORMATION.
The Websites and Services are not moderated. You agree
that your Participation in the Websites and the Services
is of your free will and for your own personal entertainment.
The Websites and Services should not be used by emergency
personnel for any communication. The Websites and Services
may not be used to post, promote, exchange or solicit
any Prohibited Content (outlined in Rules Regarding Content
Posted, below). We strongly discourage individual Participants
from giving out financial, personal or other information
that would enable someone to locate your home, place of
business or current location while using any of the Services.
Disbursement of this kind of information while using Website
Services is solely at the Participant’s own risk.
COMMERCIAL
USE PROHIBITED
Matchmaking Moms intends that the Websites are for the
personal use of individual Participants and the Websites
shall not be used by any entity or individual with respect
to any commercial business or other commercial nature.
Participants may not solicit, advertise, offer products
or services or request financial support via any posting
or Profile on the Websites.
COPYRIGHT
All proprietary rights, including all trademarks, copyright,
trade dress, patents and other intellectual property rights
in the Websites and Services are owned and retained by
Matchmaking Moms. You may not post, distribute, or reproduce
in any way any copyrighted material, trademark, or other
proprietary information without obtaining the prior written
consent of Matchmaking Moms. You may not upload, post
to, or otherwise transmit any content that infringes upon
any patent, trademark, trade secret, copyright or proprietary
right of any party.
TRADEMARKS
The trademarks, service marks and logos
used in the Websites and in the Services, including without
limitation Matchmaking Moms, Matchmaking Moms and Matchmaking Moms (collectively, the “Trademarks”) are
trademarks or registered trademarks of Matchmaking Moms.
Any unauthorized use of the Trademarks is strictly prohibited.
You may not display or use the Trademarks for any purpose
without the written permission of the Trademark owner.
RULES REGARDING CONTENT
POSTED ON WEBSITES:
Your Participation and/or continued Participation on the
Websites is contingent upon your agreement to the following:
YOU UNDERSTAND AND AGREE THAT ALL PHOTOS
SUBMITTED BY WEBSITE PARTICIPANTS WILL BE SCREENED BY
Matchmaking Moms. ALL PHOTOS MAY BE BLOCKED FOR ANY REASON
AND WITHOUT NOTICE OR REFUND IF THE PHOTOS FAIL TO MEET
THESE TERMS OF USE.
Matchmaking Moms’ right to remove Content. You understand
and agree that Matchmaking Moms may without prior warning
to you review and delete any content including but not
limited to messages, images, photographs or Profiles (collectively
“Content”), which Matchmaking Moms determines,
in its sole discretion, to be in violation of this Agreement
or that it determines may be illegal, harmful, offensive,
or violates the rights of other Participants or harms
or threatens to harm the safety of other Participants.
• Responsibility for Content Posted by You
and Grant of License. All Content that you publish or
display (referred to herein as “Post” or “Posting”)
on the Websites or communicate to other Participants or
third parties is your sole responsibility. You represent
and warrant that by Posting Content to the Websites, that
you grant, and have the right to grant, Matchmaking Moms
an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display and distribute
such Content and that Matchmaking Moms may prepare any
derivative work of or incorporate into other work, such
Content, and that you grant to Matchmaking Moms and authorize
sublicenses of the foregoing.
• Prohibited
Content. We have listed below some, but not all, of the
kind of Content that is illegal and/or prohibited from
the Websites. If Matchmaking Moms determines, through
its own investigation or otherwise, that a Participant
has violated these provisions, Matchmaking Moms reserves
the right to take any action it deems necessary against
the offending party, including without limitation removing
the offending communication from the Websites and terminating
the offending party’s Participation:
o
Violation of laws. Content that violates any
applicable local, state, national or international law
or any regulation having the force of law is illegal and
prohibited. Specifically, Participants are responsible
for ensuring that uploaded Content does not contravene
any criminal law relating to obscenity, pornography or
child pornography.
o Sexual acts. Content
depicting any sexual act with any object or life form
is illegal and prohibited.
o Images of
minor persons. Content depicting any person’s
image, in whole or in part who is under the age of eighteen
(18) years old, is illegal and prohibited.
o
Impersonations. Content posted by a Participant
that depicts images of a person other than the person
being profiled, whether such Content is an impersonation
or otherwise falsely represents the person being profiled
or the Participant’s affiliation with any person
or entity, is illegal and prohibited.
o
Harassment. The use of the Websites to threaten,
engage in or advocate the harassment of any individual
or group (verbally or electronically) is illegal and prohibited.
o Hate Speech. Matchmaking Moms will not tolerate hate speech toward any person or
group in the form of ethnic slurs, personal insults or
obscene language. Inflammatory discussion relating to
controversial topics, such as politics or religion, will
not be tolerated and is strictly prohibited.
o Harm to Minors. Causing harm to minors
in any way including, but not limited to, by establishing
unlawful contact with and/or soliciting information from
persons under the age of eighteen (18) years old, whether
on or off of the Websites, is illegal and prohibited.
o Promotion of Illegal Conduct.
Content that promotes or provides instruction or information
about how to engage in illegal conduct, commit illegal
activities or promote physical harm or injury to you or
to another person or animal is illegal and prohibited.
o Promotion of False Information.
The promotion of Content that is defamatory or libelous,
false or misleading is illegal and strictly prohibited.
o Transmission of Spam. The transmission
of junk email, junk mail, chain letters, unsolicited mass
mailing or “spamming” is prohibited.
o Transmission of Copyrighted Material. The
publication or Posting of any unauthorized or illegal
copy of a third-party’s copyrighted work, including,
but not limited to, computer files or programs, photographs,
written text, pictures, pirated files, URL links, information
to circumvent manufacturer-installed copy-protect devices
or providing pirated music or links to pirated music is
illegal and prohibited. Downloading Content for the sole
purpose of reposting it to another media, including the
reposting of Content stored within a local browser cache,
is illegal and prohibited; the IP address of the offending
Participant may be forwarded to the Federal Bureau of
Investigation (FBI) in Matchmaking Moms’ sole discretion.
o Solicitation of Personal Information.
The solicitation from other Participants of personal information,
including passwords or other identifying information,
for commercial or unlawful purposes is prohibited.
o Commercial Activities. The use
of the Websites for commercial activities and/or sales
such as contests, sweepstakes, barter, advertising and
pyramid schemes, without prior written consent from Matchmaking Moms, is prohibited.
PROFILES
By posting a Profile, YOU REPRESENT AND WARRANT
THAT THE PERSON DEPICTED IN THE PROFILE IS OVER THE AGE
OF EIGHTEEN (18)YEARS OLD AND THAT YOU WILL NOT DEPICT
ANY PERSON AS BEING UNDER THE AGE OF EIGHTEEN (18) YEARS
OLD. You understand that photos or other Content
Posted to a Profile: are accessible to other participants
who have registered with Matchmaking Moms, but are not
accessible by the general public; may be copied by unscrupulous
users via standard browser tools; and, may be distributed
without your knowledge or consent—all of which are
beyond the control of Matchmaking Moms. In addition, any
email address Posted to your Profile may become publicly
available and may subject you to unsolicited email and/or
Spam, some of which may originate from a virus-infected
computer, without your consent. Matchmaking Moms strongly
suggests that you use a self-updating virus check software
package running on your computer to protect against computer
viruses. Please note: although a virus-infected email
may indicate that it is “from” and “to”
one of the Websites, if you check the Email header, you
will likely find that the Email in question did not originate
from Matchmaking Moms’ mail server IP address, but
rather, from another computer that is virus-infected.
Individual Profiles may be locked out without notice if
the Profile: • Contains art work, cartoons,
altered or non-photographic images; • Violates
any Term of Usage herein; • Contains any photo
of an individual younger than eighteen (18) years of age;
• Depicts a sexual act, regardless of what is having
sex in the image or is sexually suggestive in nature;
• Shows any legal or illegal use of drugs, displays
of firearms or depicts violent acts to oneself, to (an)other
person(s), or to (an) animal(s); • Contains
any non-original photo scan, including photos indicating
enhanced filter affect, alteration, modification, colorization,
recropping or resizing of images; • Failure
to continuously maintain a valid, functional Email address
on a Profile; • Failure to maintain current
basic Profile information, including town/city, state/province,
country, height, weight and/or age; • Request
to delete or remove a Profile from the Websites; •
Profile with an inoperable or blocked Email address;
• Profile set inactive for more than six (6) months;
or • Determination by Matchmaking Moms, in its
sole discretion, to void and remove the Profile.
We caution Participants who may Post URL links on the
Websites to other sites, to read all terms of usage documents
pertaining to any linked website or Internet ISP. In addition,
any link to any adult content sites is prohibited.
You may report a Profile that you feel needs further attention
to the Content shown. To do so, click on the “Report
an issue with this Profile?” button located at the
bottom of the Profile page and then enter your comments
as to why you feel the Profile should be reviewed by Matchmaking Moms.
ACCURACY
OF PROFILES
Matchmaking Moms does not attest to the accuracy of any
information contained within a Profile and the Participant
understands that he or she is solely responsible for verifying
all information contained within a Profile and assumes
all risk associated with contacting Participants or other
individuals depicted in a Profile. However, upon posting
a Profile, Matchmaking Moms will notify by the email the
person depicted in the Profile to inform him or her that
a Profile has been created and invite him or her to review
it for accuracy. This is not intended to be a voucher
for or an endorsement of the person depicted in a Profile
regarding his or her personality, financial status, motives,
personal agenda or mental state.
PROFILE
DISPUTES
Where any Profile data or Content is suggested by any
party to be false or owned by another party, Matchmaking Moms will attempt to resolve the dispute. Participants
agree to provide additional information as may be reasonably
requested by Matchmaking Moms to assist with the resolution
of any dispute. If Matchmaking Moms cannot, in its sole
discretion, resolve the dispute to its satisfaction, it
will terminate the Participation of all parties involved
in the dispute.
PARTICIPANT
DISPUTES
Matchmaking Moms reserves the right, but has no obligation,
to monitor and/or mediate disputes between you and other
Participants. Please be advised that you are solely responsible
for your own interactions with other Participants and
Matchmaking Moms shall not be responsible in the event
of any disputes between Participants.
PRIVACY
Use of the Websites and Services is also governed by the
Privacy Policy [link here].
DISCLAIMERS
Content. While NOT ALL PROFILE CONTENT, INCLUDING TEXT
OR URL LINKS HAS BEEN REVIEWED BY Matchmaking Moms, for
compliance with this Agreement, we reserve the right to
do so. Pursuant to this Agreement, however, Matchmaking Moms WILL SCREEN ALL PHOTOS SUBMITTED PRIOR TO POSTING.
Regardless of whether Matchmaking Moms has reviewed any
particular Content, you understand that CONTENT PRESENTED
ON THIS WEBSITE HAS NOT BEEN VERIFIED AS TRUE. Matchmaking Moms shall not be responsible for any inaccurate or incorrect
Content that is Posted to the Websites or in connection
with the Services, regardless of whether such Posting
is the result of actions by the Participants or as a result
of any of the technology associated with or utilized in
the Websites or in the Services. Matchmaking Moms shall
not be responsible for the conduct, online or offline,
of any individual Participant or other user of the Websites
or of the Services.
Technical Problem and Downloads. In the event of any error,
interruption, deletion, omission, defect, delay in operation
or transmission, communications line failure, theft, destruction
or unauthorized access to or alteration of any Profile
or communication, by email or otherwise, of any Participant,
Matchmaking Moms shall have no responsibility or liability.
Matchmaking Moms shall not be responsible for any problems
a Participant may experience regarding any telephone network
or line, online computer system, server or provider, ISP,
the computer equipment or software used by a Participant,
failure of email due to technical problems or traffic
congestion on the Internet, the Websites or at any website
or combination thereof, including damage to a Participant’s
or to other person’s computer related to or resulting
from participating or downloading materials in connection
with the Web and/or in connection with the Websites and
the Services.
Advertising. Matchmaking Moms makes no claims, warranties
or guarantees of any of the products or services offered
by an advertisement on the Websites; purchases or services
purchased from any Website advertiser are between the
Website visitor and the advertising company. Comments
contained in Profiles are solely the opinion of the individual
Profile holder and do not represent the opinions of Matchmaking Moms.
Participant Action. Any web link, URL, graphic or text
that causes a Participant to leave the Websites is beyond
the control of Matchmaking Moms and Matchmaking Moms is
not responsible for third-party website content. Matchmaking Moms is not responsible for the conduct, whether online
or offline, of any Participant of this or any of the Websites.
Matchmaking Moms DOES NOT CONDUCT FELONY OR SEXUAL OFFENSE
BACKGROUND CHECKS ON ITS PARTICIPANTS. Under
no circumstance will Matchmaking Moms be responsible for
any loss or damage, including personal injury or death,
resulting from the use of the Websites or any interactions
between Participants of the Websites, whether online or
offline.
THE WEBSITES ARE PROVIDED ON
AN “AS-IS” AND “AS-AVAILABLE”
BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED
OR STATUTORY. Matchmaking Moms EXPRESSLY DISCLAIMS ANY
WARRANTY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES REGARDING
SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS,
RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY
OR ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
THROUGH YOUR PARTICIPATION ON THE WEBSITES. FURTHER, Matchmaking Moms DOES NOT WARRANT THAT THE SERVICES WILL SATISFY YOUR
REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR OR THAT THEIR
OPERATION WILL BE UNINTERRUPTED.
LIMITATION ON LIABILITY
Matchmaking Moms WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES
FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, EVEN IF Matchmaking Moms HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Matchmaking Moms’
TOTAL CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO
THE AMOUNT YOU HAVE PAID FOR REGISTRATION FEES IN THE
PRIOR 12 MONTHS TO Matchmaking Moms TO USE THE SERVICES
ON THE WEBSITES. Matchmaking Moms IS NOT RESPONSIBLE FOR
LOST PROFIT OR REVENUE, LOSS OF USE, LOSS OF DATA, COSTS
OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT,
PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY.
JURISDICTIONAL ISSUES
The Websites are controlled and operated by Matchmaking Moms through its corporate headquarters within the State
of California and this Agreement will be governed by,
construed and enforced in accordance with the laws of
the State of California, as it is applied to agreements
entered into and to be performed entirely within such
State. You agree that any legal action or proceeding between
Matchmaking Moms and you for any purpose concerning the
Websites or the parties' obligations hereunder must be
brought exclusively in the U.S. District Court for the
Northern District of California or a state court of competent
jurisdiction sitting in the City and County of San Francisco,
State of California. Venue shall be in San Francisco,
California.
INDEMNITY
Each time you enter the Websites you agree to indemnify
and hold Matchmaking Moms, its subsidiaries, affiliates,
officers, directors, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including
reasonable attorneys’ fees, made by any third party
due to or arising out of your Participation in the Websites
and/or arising from a breach of these Terms of Use and/or
any breach of your representations set forth herein. You
further agree that your choice to communicate with or
to meet in person with any individual based on information
obtained from the Websites, is done so on your own behalf
and that you hold harmless Matchmaking Moms, its subsidiaries,
affiliates, officers, agents and other partners and employees,
from any loss, liability, claim or demand, including reasonable
attorney’s fees, made by any third party due to
your actions.
INTERNATIONAL
USE AND U.S. EXPORT CONTROLS
The Websites will not be considered a solicitation for
or offering of any product or Service to any person in
any jurisdiction where such solicitation or offering would
be illegal. Software from the Websites is subject to the
United States export controls. No software may be downloaded
from the Website or otherwise exported or re-exported
(1) into (or to a national or resident of) Cuba, Iran,
Libya, North Korea, Iran, Syria or any other Country to
which the U.S. has embargoed goods; or (2) 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 any such list.
THIRD-PARTY SITES
Matchmaking Moms makes no representations, warranties
or endorsements with respect to any non-Matchmaking Moms website which may be accessed from the Websites.
When you access a non-Matchmaking Moms website, please
understand that Matchmaking Moms has no control over
the content or information at that site. It is your
responsibility to protect your system from such items
as viruses, worms, Trojan horses and other destructive
items.
MODIFICATION OF TERMS OF
USE
Matchmaking Moms may change this Agreement from time
to time. If any such changes materially and adversely
affect the use of your information, Matchmaking Moms
will generally refer to such changes on the Website
for a period of time, although our failure to do so
will not affect the applicability of such changes. Accordingly,
Matchmaking Moms recommends that you check back to review
these policies from time to time, particularly if you
have not visited the Website for some time. This Agreement
is also subject to our Privacy Policy, which are incorporated
herein by reference, and Matchmaking Moms also recommends
that you review those from time to time.
MISCELLANEOUS
No waiver of any breach of any provision of these terms
of use will constitute a waiver of any prior, concurrent,
or subsequent breach of the same or other provisions.
All waivers must be in writing. If any court of competent
jurisdiction finds any part or provision of these terms
of use or of this Agreement to be invalid or unenforceable,
such findings will have no effect on any other part
or provision of these terms of use or of this Agreement.
Any action against Matchmaking Moms, its officers,
directors, employees, agents, licensors, suppliers and
any third party providers of information or services
to the Website must be brought within six (6) months
after the cause of action arises. Matchmaking Moms is
not responsible for delay or failure to perform due
to causes beyond its reasonable control.
This Agreement constitutes the entire agreement between
you and Matchmaking Moms with respect to your use of
Services and the Websites. Please check this Agreement
each time you log into use the Website, as Matchmaking Moms reserves the right to make changes from time to
time.
In the event that any suit or other legal proceeding
is brought for the purpose of enforcing the Agreement
or otherwise in connection with the Agreement, in addition
to whatever other remedies the prevailing party in such
suit or legal proceeding might by entitled, such prevailing
party shall be entitled to reasonable attorneys' fees
and expenses, including those incurred in preparation
for any hearing, motion, or trial.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE
RESERVED BY Matchmaking Moms.
This Agreement, is deemed accepted upon your access
to the Websites and further affirmed by your Participation
therein and contains the entire Agreement between you
and Matchmaking Moms regarding the use of the Websites
and the Services. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall
continue in full force and effect.
