Welcome to MateMakers.com, the service for single adults to meet each other
online, operated by TopGun Media Inc.”MateMakers.com”). By using the
MateMakers.com Website, (the “Website”) you agree to be bound by these Terms of
Use (this “Agreement”), whether or not you register as a member of MateMakers.
(“Member”). If you wish to become a Member and make use of the MateMakers.com
MateMakers.com at any time, effective upon posting on the MateMakers.com
website, and your use of the Service after such posting will constitute
acceptance by you of such changes.
a. Electronic Agreement. This Agreement is an electronic contract that
sets out the legally binding terms of your use of the Website and your
membership in the Service. This Agreement may be modified by MateMakers.com
from time to time, such modifications to be effective upon posting by
MateMakers.com on the Website. This Agreement includes MateMakers.com's
Acceptable Use Policy for Content Posted on the Website, MateMakers.com's
regarding the Website. By accessing the Website or becoming a Member, you
accept this Agreement and agree to the terms, conditions and notices contained
or referenced herein.
b. Electronic Form. By accessing the Website or becoming a
Member, you consent to have this Agreement provided to you in electronic form.
c. Non-electronic Copy. You have the right to receive this
Agreement in non-electronic form. You may request a non-electronic copy of this
Agreement either before or after you electronically sign the Agreement. To
receive a non-electronic copy of this Agreement, please send an e-mail to
customercare@MateMakers.com or a letter and self-addressed stamped
envelope to: MateMakers.com, P.O. Box 770691 Coral Springs Florida 33077.
d. Withdrawing Your Consent. You have the right at any time to
withdraw your consent to have this Agreement provided to you in electronic
(i) Effect. Should you
choose to withdraw your consent to have this Agreement provided to you in
electronic form, we will discontinue your then-current username and password.
This means that you will not have the right to use the Service unless, and
until, we issue you a new username and password. We only will issue you a new
username and password after we receive a signed copy of a non-electronic
version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw
your consent and/or request a non-electronic copy of this Agreement, please
send an email to customercare@MateMakers.com
or a letter and self-addressed stamped envelope to: MateMakers.com,P.O. Box
770691 Coral Springs,Florida 33077.
(iii) Prospective Nature. Your
withdrawal of consent shall be effective within a reasonable time after we
receive your withdrawal notice described above. Your withdrawal of consent will
not affect the legal validity or enforceability of the Agreement provided to,
and electronically signed by, you prior to the effective date of your
withdrawal. e. Access and Retention. In order to access and retain this
electronic Agreement, you must have access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must use all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device. Please print a copy of this document for your
records. To retain an electronic copy of this Agreement, you may save it into
any word processing program. Via, the Website, we will notify you of any
changes in the hardware or software requirements needed to access and/or retain
this Agreement that create a material risk that you will not be able to
continue to access and/or retain this electronic Agreement.
You must be at least eighteen (18) years of age and single or separated
from your spouse to register as a member of MateMakers.com 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
3.Membership and Subscription Pricing.
a) Membership and Subscription Pricing. You may become a Member of the
Service at no cost. As a Member, you will have the ability to participate in
some, but not all, of the features and services available within the Service.
In order to access additional features and services, including the ability to
communicate with other Members, you must become a paying subscriber to the
Service. Please see Subscribe for a description of the current subscription
plans and their prices. Please note that the subscription policies that are
disclosed to you in subscribing to the service are deemed part of this
Agreement. Please see Billing Details for a description of such policies. For
purposes of this Agreement the term “Member” includes subscribers, unless where
its usage indicates otherwise. From time to time, MateMakers.com may remove the
profiles of non-subscribers. Furthmore, MateMakers.com reserves the right to
use your main posted photo photo within the parameters of the Home page of
MateMakers.com as ‘Featured Member of the Week.' This is used to get your
profile seen more than under normal circumstances. Should you wish to request
to NOT appear as “Featured Member of the Week' Please contact us at
customercare@MateMakers.com and we will gladly not use your photo as a
b) Refund Policy and Continuous Service Rates
Refunds for MateMakers.com must
be requested within 24 hours of initial membership purchase and reviewed
by MateMakers.com forvalidity for a `No Questions Asked' refund. After the 24
hour period,it shall be deemed a legitimate membership purchase and thus you
may resign your membership at anytime.
If you resign, you'll enjoy subscription benefits until the
end of your then-current subscription term; your subscription won't
be renewed after that term expires. However, you won't be eligible for a
prorated refund of any portion of the subscription fees paid for the
then-current subscription period.
Continuous service rates apply to credit/debit card payments
and Electronic Fund Transfer payments. All amounts are billed in U.S. dollars
at the beginning of each renewal period and will appear on your credit card
statement as `Topgun Media.com.' for anonymity purposes. Your Matemakers.com
subscription will be automatically extended for successive renewal periods of
the same duration as the subscription term originally selected at the
then-current non-promotional subscription rate. To change or resign your
subscription at any time, go to Account Settings.
This Agreement will remain in full force and effect while you use the Website
and/or are a Member. You may terminate your membership and/or subscription at
any time, for any reason, by following the instructions on the Resign pages in
Account Settings, or by sending MateMakers.com written notice of termination to
MateMakers.com,P.O. Box 770691 Coral Springs,Florida 33077 or email notice of
termination to customercare@MateMakers.com.
If you terminate your subscription, your subscription will remain active until
the end of your then-current subscription period (that is, the subscription
period through which you had paid prior to your termination). MateMakers.com
may terminate your membership and/or subscription by 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 MateMakers.com. If MateMakers.com
terminates your membership in the Service because you have breached this
Agreement, you will not be entitled to any refund of unused subscription fees.
All decisions regarding the termination of accounts shall be made in the sole
discretion of MateMakers.com. MateMakers.com is not required to provide you
notice prior to terminating your membership and/or subscription. MateMakers.com
is not required, and may be prohibited, from disclosing a reason for the
termination of your account. Even after your membership or subscription is
terminated, this Agreement will remain in effect. All terms that by their
nature may survive termination of this Agreement shall be deemed to survive
5. 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 may be investigated, and appropriate legal
action will be taken, including without limitation, civil, criminal, and
injunctive redress. Use of the Website is with the permission of
MateMakers.com, which may be revoked at any time, for any reason, in
MateMakers.com's sole discretion.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and
password that you designate during the Registration process, and you are fully
responsible for all activities that occur under your username and password. You
(a) immediately notify MateMakers.com of any unauthorized use
of your username or password or any other breach of security.
(b) ensure that you exit from your account at the end of each
session. MateMakers.com will not be liable for any loss or damage arising from
your failure to comply with this provision. You should use particular caution
when accessing your account from a public or shared computer so that others are
not able to view or record your password or other personal information. If you
share your computer with others, you may wish to consider disabling your
auto-sign in feature if you have linked your Microsoft .Net Passport or
ScreenName to your MateMakers.com account.
7. Your Interactions with Other Members.
You are solely responsible for your interactions with other Members. You
understand that MateMakers.com does not in any way screen its Members, nor does
MateMakers.com inquire into the backgrounds of its Members or attempt to verify
the statements of its Members. MateMakers.com makes no representations or
warranties as to the conduct of Members or their compatibility with any current
or future Members. In no event shall MateMakers.com be liable for any damages
whatsoever, whether direct, indirect, general, special, compensatory,
consequential, and/or incidental, arising out of or relating to the conduct of
you or anyone else in connection with the use of the Service, including without
limitation, bodily injury, emotional distress, and/or any other damages
resulting from communications or meetings with other registered users of this
Service or persons you meet through this Service. You agree to take reasonable
precautions in all interactions with other Members of the Service, particularly
if you decide to meet offline or in person. In addition, you agree to review
MateMakers.com's Dating Safety Tips prior to using the Service. You understand
that MateMakers.com makes no guarantees, either express or implied, regarding
your ultimate compatibility with individuals you meet through the Service. You
should not provide your financial information (for example, your credit card or
bank account information) to other Members.
8. Content on MateMakers.com.
(a) Proprietary Rights. MateMakers.com owns and retains all
proprietary rights in the Website and the Service. The Website contains the
copyrighted material, trademarks, and other proprietary information of
MateMakers.com, 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
(b) Reliance on Content, Advice, Etc. Opinions, advice,
statements, offers, or other information or content made available through the
Service, but not directly by MateMakers.com, are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely
responsible for such content. MateMakers.com does not:
guarantee the accuracy, completeness, or usefulness of any information on the
adopt, endorse or accept responsibility for the accuracy or reliability of any
opinion, advice, or statement made by any party that appears on the Website.
Under no circumstances will MateMakers.com or its affiliates be responsible for
any loss or damage resulting from your reliance on information or other content
posted on the Website or transmitted to or by any Members.
9. Content Posted by You on MateMakers.com.
a. You are solely responsible for the Content that you publish
or display (hereinafter, “post”) on the Service, or transmit to other Members.
You will not post on the Service, or transmit to other Members, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any
material that infringes or violates another party's rights (including, but not
limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to the Company
or to any other Member. If information provided to MateMakers.com, or another
Member, subsequently becomes inaccurate, misleading or false, you will promptly
notify MateMakers.com of such change.
b. You understand and agree that MateMakers.com may review and
delete any content, messages, double-blind emails, photos or profiles
(collectively, “Content”), in each case in whole or in part, that in the sole
judgment of MateMakers.com violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
c. By posting Content to any public area of MateMakers.com,
you automatically grant, and you represent and warrant that you have the right
to grant, to MateMakers.com, its affiliates, licensees and successors, an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public
posting and use of your content by MateMakers.com will not infringe or violate
the rights of any third party.
d. The following is a partial list of the kind of Content that
is illegal or prohibited on the Website. MateMakers.com 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, but is not limited to, 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
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 images, audio or video, or links to pirated images, audio or
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 the age of
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. Your use of the Service, including but not limited to the
Content you post on the Service, must be in accordance with any and all
applicable laws and regulations.
f. You may not include in your Member profile any telephone
numbers, street addresses, last names, URL's or email addresses.
g. You may not engage in advertising to, or solicitation of,
other Members. This includes but is not limited to solicitation or advertising
to buy or sell any products or services through the Service or to attend
parties or other social functions or networking for commercial purposes. You
may not transmit any chain letters or junk email to other Members. Although
MateMakers.com 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, we 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 we
deem appropriate in our sole discretion.
h. All information you include in your Member profile must be
accurate, current and complete.
10. Prohibited Activities.
MateMakers.com reserves the right to investigate and terminate your membership
if you have misused the Service, or behaved in a way which could be regarded as
inappropriate or whose conduct is unlawful or illegal. The following is a
partial list of the type of actions that you may not engage in with respect to
You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by
MateMakers.com without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, “data mine”, or in
any way reproduce or circumvent the navigational structure or presentation of
the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers
or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service or the Website,
without MateMakers.com's prior written authorization. You also shall not use
meta tags or code or other devices containing any reference to MateMakers.com
or the Service or the site in order to direct any person to any other web site
for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or the
Website or any software used on or for the Service or cause others to do so.
11. Customer Service.
MateMakers.com provides assistance and guidance through its customer care
representatives. When communicating with our customer care representatives, you
may not to be abusive, obscene, profane, offensive, sexist, threatening,
harassing, racially offensive, or otherwise behave inappropriately. If we feel
that your behavior towards any of our customer care representatives or other
employees is at any time threatening or offensive, we reserve the right to
immediately terminate your membership and you will not be entitled to any
refund of unused subscription fees.
12. Subscriptions Charges on Your Billing Account.
(a) General. MateMakers.com bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay MateMakers.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize MateMakers.com to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. MateMakers.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. MATMAKERS.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY MATETMAKERS.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MATEMAKERS.COM REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MATEMAKERS.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE MATEMAKERS.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MATEMAKERS.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY MATEMAKERS.COM).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If MateMakers.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(e) Change in Amount Authorized.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and MateMakers.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that MateMakers.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your MateMakers.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that MateMakers.com is authorized to charge your Payment Method. MateMakers.com may submit those charges for payment and you will be responsible for such charges. This does not waive MateMakers.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
13. Modifications to Service.
MateMakers.com reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that MateMakers.com shall NOT be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
14. Blocking of IP Addresses.
In order to protect the integrity of the Service, MateMakers.com reserves the
right at any time in its sole discretion to block Members from certain IP
addresses from accessing the Website.
15. 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. MateMakers.com's Copyright Agent for
notice of claims of copyright infringement can be reached as follows: MateMakers.com
Legal, PO Box 770691 Coral Springs,Florida 33077.
16. Member Disputes.
You are solely responsible for your interactions with other MateMakers.com
Members. MateMakers.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
MateMakers.com is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether caused by
users of the Website, Members or by any of the equipment or programming
associated with or utilized in the Service. MateMakers.com is not responsible
for the conduct, whether online or offline, of any user of the Website or
Member of the Service. MateMakers.com 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. MateMakers.com 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 MateMakers.com or any of its affiliates, advertisers,
promoters or distribution partners 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 MateMakers.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
MateMakers.com cannot guarantee and does not promise any specific results from
use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement,
any advice that may be posted on the Website is for informational and
entertainment purposes only and is not intended to replace or substitute for
any professional financial, medical, legal, or other advice. MateMakers.com
makes no representations or warranties and expressly disclaims any and all
liability concerning any treatment, action by, or effect on any person
following the information offered or provided within or through the Website. If
you have specific concerns or a situation arises in which you require
professional or medical advice, you should consult with an appropriately
trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because MateMakers.com has no control over such
sites and resources, you acknowledge and agree that MateMakers.com is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources. You
further acknowledge and agree that MateMakers.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of, or reliance upon, any such Content,
goods or services available on or through any such site or resource.
20. Linked Accounts.
MateMakers.com permits you to associate a MateMakers.com username and password
with your Microsoft .Net Passport ID or your
ScreenName ID. When you establish a linked account, you can sign into Microsoft
ScreenName and automatically sign into MateMakers.com at the same time.
MateMakers.com is not responsible for the operation or functionality of
Microsoft Passport or
ScreenName. Microsoft is a registered trademark of Microsoft Corporation and
is a registered trademark of America Online, Inc.
21. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will
MateMakers.com 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
MateMakers.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, MateMakers.com'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
MateMakers.com for the Service during the term of membership.
22. 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.
23. Jurisdiction and Choice of Law.
Jurisdiction and Choice of Law.If there is any dispute arising out of the
Website and/or the Service, by using the Website, you expressly agree that any
such dispute shall be governed by the laws of
the State of Florida, without regard to its conflict of law provisions, and you
expressly agree and consent to the exclusive jurisdiction and venue of the
state and federal courts of the State of
Florida, in Fort Lauderdale or Broward County, for the resolution of any such
24. Indemnity by You.
You agree to indemnify and hold MateMakers.com, 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.
25. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there
shall be no third party beneficiaries to this Agreement.
Suggestions and Relationship Tutorials are Solely for informational purposes
and your safety on and off line.
(a) General, Educational Content. You understand that the resources in the ‘Online Safety Tips' , including the online safety tips and suggestions, ‘Off line Dating Safety Tips' as well as ‘Relationship Tips and suggestions , are for informational purposes only. The content is generalized, non-individualized information designed for self-help purposes. You understand that this is not a personality test, which can only be administered on an individual basis under the supervision of a professional licensed to administer and interpret such tests. The responses you provide in various questionnaires are not reviewed by anyone, and the profiles and content that are provided are not specific to you. The information is not provided as health care or therapeutic advice and it is not intended to diagnose, evaluate or treat any individual's mental health or emotional condition, or to substitute for consultation with a mental health care professional. Never disregard medical or psychological advice or delay in seeking it because of something you have read on MateMakers.com.
(b) Subscriber's Self-Selected Choices. You understand that no one is recommending to you any person or group of persons, including the subscribers to MateMakers.com's online dating service. You are solely responsible for your interactions with other MateMakers.com Members.
(c) Personal Responsibility. You understand that finding the right person(s) to associate with is your personal decision for which you alone are responsible. You understand that MateMakers.com does not and cannot make representations as to the suitability of any individual you may decide to interact with. Any ‘suggested' Matches will be at your sole review and discretion and in no way shall MateMakers.com/TopGun Inc. be responsible for the success of compatibility between you and the ‘Suggested Matches'
(d) Personal Safety. You understand that meeting new people, by whatever method or means, always requires taking normal precautions you should otherwise follow in establishing new relationships. Those may include, but are not limited to, meeting in public places, checking with mutual friends, free or fee-based internet search options, and otherwise using common sense about protecting yourself and your property. You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that nothing on MateMakers.com is designed to or should be expected to do any of that for you. Please see MateMakers.com's Dating and Safety Tips.
(e) Hold Harmless. You will hold TopGun Inc. and it's affiliates harmless for your use of any or all titles,sections,suggestions,Suggested matches or Tips as well as for your use of any other services on MateMakers.com.
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