Terms & Conditions
THE SITE AND SERVICE IS INTENDED FOR USE BY ADULTS ONLY. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE AND/OR SERVICE IN ANY WAY. BY ACCESSING THE SITE AND/OR USING THE SERVICE, YOU ACKNOWLEDGE AND CONFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THE AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO BECOME A MEMBER, USE THE SERVICE, AND/OR USE THE SITE IN ANY MANNER OR FORM WHATSOEVER.
Fees and Payments.
Although You may register as a Guest Member of the Service for free, You may be required to pay a subscription fee ("Fee") upon submitting Your Application (as defined below) to become a Full Member which will enable You to use certain Paid Features (as defined below) of the Service. Although We may offer discounted Fee rates or promotional pricing for Full Membership from time to time in Our sole discretion, where You submit an Application to become a Full Member, the payment method that You provide upon said Application for Full Membership, or have provided previously to be saved in your file, (i.e. credit card or debit card, checking account, PayPal® account or Apple® Store account) (collectively, "Active Payment Method") will be charged the Fee applicable, with all such potential Fees set forth on the Subscription Page on a monthly basis for Your ongoing Full Membership, until cancelled. From time to time, you may be presented with new subscription options or special offers at different price points on the Subscription Page.
If you select an option to purchase a subscription for multiple months at a discounted rate, you will be charged in a single installment for the full amount for the entire advertised period. (For example, if you selected a 3 month plan at $24.99 per month, you would be charged in one installment of $74.97). Under some circumstances, at the sole discretion of the Company, a subscription charge may be split into two or more installments and billed at various intervals, without, however, changing the total amount due for the advertised period or the renewal date for the subsequent period. For the purposes of any multiple-month subscription plan, a month is defined as a period of 30 days. Each subscription plan is available only for the full time period explicitly associated with it, and cannot be pro-rated to a fraction of said time period.
The Fees will appear on the applicable Active Payment Method statement through the identifier "Mate1.com". You agree that all such Fees may be automatically applied to Your Active Payment Method, and that You have the authority to authorize such billing. All Fees are non-refundable, except as set forth to the contrary in the Agreement or where Company gives prior notice to the contrary, in its sole discretion.
For so long as Your Full Membership remains active, the Fees will accrue on the monthly (or weekly, quarterly, semi-annual or annual basis, depending on the Subscription plan that you have selected) anniversary date of Your sign-up, and such Fees will be charged in advance. You acknowledge and agree that Company will not obtain additional authorization from You for each installment of the Fees charged to Your Active Payment Method. Every time that You use the Paid Features, You re-affirm that Company is authorized to charge Your Active Payment Method.
You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, Your use of the Paid Features. All Fees are payable in the currency specified on the Subscription Page. Failure to use the Paid Features does not constitute a basis for refusing to pay any of the associated Fees. You agree to be bound by the pricing and billing practices of Company in effect at any given time. Upon prior written notice to You (with e-mail sufficing), Company reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Paid Features after receipt of such notice shall constitute consent to any and all such changes. If You do not agree with these changes, or for any other reason, You may cancel Your Full Membership at any time as set forth below. Where You fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum permitted by law. Your access to the Site, as well as the Service, may be denied for non-payment.
Company's authorization to provide and bill its Paid Features is obtained by way of Your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company's reliance upon Your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
We may use credit card processors or banks outside the United States to process Your transactions. In some instances, Your bank or credit card issuer may charge You a small "foreign transaction fee." Before purchasing any Service, please check with Your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
For purposes of the Agreement, "PayPal®" shall mean PayPal, Inc. Please be advised that Company is not in any way affiliated with PayPal®, and the Site and Service are neither endorsed, nor sponsored, by PayPal®. PayPal® is a registered trademark of PayPal, Inc.
For purposes of the Agreement, "Apple®" shall mean Apple Inc. Please be advised that Company is not in any way affiliated with Apple®, and the Site and Service are neither endorsed, nor sponsored, by Apple®. Apple® is a registered trademark of Apple Inc.
From time to time We may offer, at low cost or at no cost, a Trial Membership ("Trial") lasting a specified period of time. A Trial provides users with access to the same Paid Features as a Full Membership. You must provide Your Active Credit Card information in order to obtain a Trial. The duration of a Trial is indicated in the description of said Trial on the Site, using "Day" as a unit of measurement. The term "Day" in this context denotes a period of exactly Twenty-Four (24) hours, and You shall interpret it as such when calculating the duration of a Trial (e.g.: a "3-Day Trial" would last exactly seventy-two (72) hours from the time of registration for said Trial). If You do not cancel Your Membership before the end of the specified Trial period, You will be automatically upgraded to Full Member status and Your Active Credit Card will billed, or rebilled, the applicable Fee, on a monthly basis for as long as Your Full Membership remains active.
Members who have previously subscribed for a Trial or a Full Membership and have cancelled said Trial or Full Membership may be offered an option entitled "Reactivate Your Membership." If You choose to Reactivate Your Membership, You will be charged the Fees for a Full Membership immediately upon reactivation. These Fees will be applied to the same Active Credit Card that You used when You signed up for Your previous Trial or Full Membership. If said Active Credit Card is refused by Our billing system, You will be prompted to enter new billing information. After You Reactive Your Membership, You will be rebilled the applicable Fee automatically every thirty (30) days (or weekly, quarterly, semi-annual or annual basis, depending on the Subscription plan that you have selected) thereafter until You cancel Your Full Membership.
You may cancel Your Membership at any time by by: (a) calling Us toll free at 1-888-688-4760 between 8AM and 10PM EST Monday-Friday; or (b) following the cancellation request procedure indicated on the Site by going to Mate1.com. If You cancel Your subscription before the end of the Trial period, You will not be rebilled, You will lose Your access to Paid Features at the end of the Trial period and You will be returned to Guest Member status. When You cancel a Full Membership, You will remain a Full Member with access to Paid Features until the end of Your already-paid billing cycle. At the end of said billing cycle, Your access to Paid Features will be suspended. You may renew Your Full Membership at any time by following the instructions on the Site. Any Fees previously paid up to the date of cancellation or termination of Your Membership will not be refunded and You will remain liable for any and all unpaid Fees already billed by Company.
Company is not responsible for Membership cancellation requests that are not properly completed. Cancellation requests filed properly through the Site will be processed immediately. Cancellations requests submitted via telephone or email will be handled during normal business hours in the order they are received. It is Your sole responsibility to submit cancellation requests properly and with enough time to ensure that Your request for cancellation may be processed prior to the subsequent rebilling period. Receipts for subscriptions and confirmations of cancellation will be sent to You via email. It is Your sole responsibility to provide a correct email address upon registering for the Service in order to obtain such receipts and confirmations.
You may cancel Your Membership for a refund, without any penalty or obligation under two (2) specific conditions, as outlined below:
- Within three (3) days after the date that you subscribe for a three day trial or reactivation; or
- Within three (3) days after each time Your Active Credit Card is billed for Reactivation of Your Membership or for any monthly Fees.
In order to cancel Your subscription under this Cancellation With Refund Policy You must cancel Your Membership as set forth above.
To apply for a refund under this 3-Day Cancellation With Refund Policy you must mail or deliver a signed original letter stating your FULL NAME, your Mate1.com Nickname, the billing address used for your subscription, your email address and your desire to cancel and apply for a refund. This notification must be postmarked no more than 72 hours after the initial date of the subscription, reactivation or rebill for which you wish to claim a refund. This right to refund does NOT include charges from previous billing periods. Under this policy, you are entitled to only one refund. Any requests for a refund on a subsequent subscription will be refused. Please note that members who continue to use the paid features of the site after the 3-day period following the subscription, reactivation or rebill in question are not entitled to a refund under this policy.
If you are a Utah resident, you can also fax your request to (514) 906-4162.
This request must be sent to:
3-Day Cancellation Department
334 Cornelia St, #354
Plattsburgh, NY 12901
THE FOLLOWING REFUND REQUESTS WILL NOT BE PROCESSED:
- REQUESTS MISSING YOUR FULL NAME, MATE1.COM NICKNAME, OR BILLING ADDRESS,
- REQUESTS SENT BY EMAIL, OR
- REQUESTS SENT BY FAX IF YOU ARE NOT A UTAH RESIDENT
- REQUESTS SENT AFTER THE FIRST 3 DAYS OF YOUR SUBSCRIPTION OR RENEWAL OF YOUR SUBSCRIPTION.
Taxes, Subscription Requirements and Usage Restrictions.
As a Canadian company located in the Province of Quebec, Company is obliged by Canadian Tax Law to charge a Canadian Sales Tax (hereafter called GST) on Membership Fees charged to Canadian residents, as well as on Membership Fees charged to non-residents who access the Site in Canada. The Province of Quebec requires Company to charge a PST tax on Membership Fees charged to Quebec residents. Therefore, both Canadian residents and non-residents must agree to the following limitations on their rights as Members.
- If You are a Member who is NOT A CANADIAN RESIDENT and have : (a) registered for Your Membership from anywhere outside of Canada; (b) given a non-Canadian address as Your place of residence; and (c) either given a non-Canadian billing address for Your Active Credit Card or have used a check drawn on a bank account located outside of Canada to pay for Your Membership; then (d) You are prohibited from accessing the Site while You are in Canada and You agree never to do so.
- f You are a CANADIAN RESIDENT, You are subject, to the best of Our understanding, to GST and, depending on Your place of residence within Canada, HST (Harmonized Sales Tax) or PST taxes on the cost of Your Membership. As a Quebec-based company, Company will charge the GST tax on its Membership sales to all CANADIAN RESIDENTS and will charge both the GST and PST taxes on its Membership sales to QUEBEC RESIDENTS ONLY.
- If You are a CANADIAN RESIDENT FOR TAX PURPOSES RESIDING OUTSIDE OF CANADA, You must agree to use only Your Canadian address on Your Member Profile (as defined below). You are prohibited from using a non-Canadian billing address for Your Active Credit Card and are prohibited from using a check drawn on a bank account located outside of Canada to pay for Your Membership. It will be the policy of Company to charge GST taxes on its Membership sales to all CANADIAN RESIDENTS FOR TAX PURPOSES regardless of their current place of residence.
- It will be the policy of Company to use technical means to block any Member who is NOT A CANADIAN RESIDENT from accessing the Site from any IP address known to originate in Canada.
By becoming a Member, You accept the TERMS AND CONDITIONS of the Agreement in its entirety, and it thereby becomes Your obligation to strictly comply with all of the above requirements and usage restrictions. In the event that You fail to do so, You acknowledge that Company will be entitled and authorized to do the following:
- immediately terminate Your Membership without further notification and without any compensation; and
- debit Your Active Credit Card or bank account for all applicable tax arrears.
You hereby consent to the exchange of information and documents between Company and You electronically over the Internet or by e-mail, and that the electronic Agreement shall be the equivalent of a written paper agreement between You and Company.
The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to You on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or the Service shall be subject to the Agreement. We may amend the Agreement from time to time in Our sole discretion, without specific notice to You; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and You should review the Agreement prior to using the Site. By Your continued use of the Site and/or Service, You hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
You acknowledge that any and all Profiles (as defined below), information, content, reports, data, databases, graphics, photographs, videos, audio, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and/or trade names contained on the Site or otherwise made available by and through the Service (collectively the "Content"), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Company, other Members and/or Company's licensors, as the case may be.
Your right to use the Content or the Service offered or otherwise made available by and through the Site is subject to any and all limitations, conditions and restrictions established by Us at any time, in Our sole discretion. We may alter, suspend or discontinue any aspect of the Content and/or Service at any time, including the availability of any Service feature, database or Content. We may also impose limits on certain features and aspects of the Service and/or Content or restrict Your access to parts or all of the Service and/or Content without notice or liability. We reserve the right but do not maintain the obligation to edit or delete any content that You post on or transmit through the Site that We deem to be in violation of the Agreement.
In order to obtain access to the Content and Service, You must first submit the applicable registration and application form to Company for review and initial approval ("Application"). Company reserves the right, in its sole discretion, to deny access to the Content and/or Service to anyone at any time and for any reason, whatsoever. The registration data that You must supply on the Application in order to obtain access to the Content and Service may include, without limitation, depending on the applicable Membership level requested: (a) Your full name; (b) e-mail address; (c) mailing address; (d) daytime, evening and/or cellular telephone numbers; (e) credit card information; (f) date of birth; (g) gender; (h) optional Profile (as defined below) information such as ethnic background, appearance, features, religion, income range, occupation, sexual preference/lifestyle information; (i) any other information You choose to enter, such as Your personal interests and preferences and general indications of the type of partner You are looking for in using the Service; and/or (j) any other information requested on the Application (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update Your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Company will verify and approve all registrants in accordance with its standard verification procedures. During registration, You will be asked to provide a password to use as Your account log-in identification, where applicable ("Log-In"). If the Log-In that You request is not available, You will be asked to supply another Log-In. If Company approves Your Member application, Company will set up Your specific account ("Account"). You are responsible for maintaining the confidentiality of Your Account, Log-In and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur through use of Your Account and Log-In.
You Certify That:
- You are not currently on probation, parole supervision or serving time in prison resulting from a felony conviction;
- You will be truthful in all information presented in Your Profile and You verify that the photo or photos that You post actually depict You;
- You will not post any sexually explicit materials and/or solicit illicit sexual arrangements with any Member or other third party; and
- You will not transmit deliberately misleading information about Yourself or Your intentions to other Members by and through the Site and/or Service.
As a commitment to Our Members, the Service provides a rich collection of online resources. These include, but are not limited to, various communication tools, live chat services, third party content, online forums, personalized content and branded programming. Subject to the terms and conditions of the Agreement, Members that possess the requisite technology shall have the opportunity to view and listen to all of the Content as compiled, distributed and displayed by Members and Company.
Guest Members are able to access a limited set of the Service's features without charge after providing required registration information. Full Members are given access to all features included as part of the Full Membership option chosen when applying for Membership ("Paid Features").
Depending on Your status as a Member, You may be able to utilize the Site's many products, services and other features including, but not limited to: (i) viewable Content; (ii) interactive features designed to foster interaction between You and other Members, such as live chat, blogs, message boards and comments sections ("Interactive Services"); and (iii) features that enable Members to post searchable profiles listing their activities of interest and basic demographic information ("Profiles") and search other Profiles in order communicate with other Members ("Personal Services") and facilitate face-to-face meetings ("Meet-Up").
(B) Personal Services.
Subject to the restrictions contained herein, and subject to the level of Membership that You have obtained, the "Personal Services" allow Members to:
- post searchable Profiles;
- search other Profiles listed on the Site; and
- contact, via the Company interface which includes instant messaging, e-mail and "Flirts".
Members who have posted Profiles in connection with attempting to arrange a Meet-Up. Company does not supervise the Meet-Ups or any contact between Members, and is not involved in any way with the actions of any individuals, including other Members, at the Meet-Ups or otherwise by and through the Site and/or Service. As a result, We have no control over the identity or actions of the individuals who are present at the Meet-Ups. Please use caution, common sense and safety when using the Personal Services, including when arranging and participating in Meet-Ups. You are solely responsible for Your interactions with other individuals, including other Members, in connection with the Personal Services. Without limiting the generality of the disclaimers contained below, because We: (A) do not supervise or control the Meet-Ups or individual interactions at Meet-Ups; (B) are not involved in any way with physical transportation to or from Meet-Ups or with the actions of any individuals at Meet-Ups; and (C) cannot guarantee the true identity and age of Members, in the event that You have a dispute with one or more Members and/or other third parties in connection with the Meet-Ups, You hereby release Company including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all 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. Company reserves the right, but has no obligation, to monitor disputes between You and other Members and/or other third parties in connection with the Meet-Ups. You understand and agree that Company is not responsible or liable in any manner whatsoever for Your inability to use the Personal Services.
(C) Interactive Services.
Subject to the restrictions contained herein, the Interactive Services allow Members to participate in live chat sessions with other Members and Online Ambassadors (as defined below), as well as on blogs, message boards and other interactive areas of the Site. Each Member shall be solely responsible for the images, videos, graphics, text, comments, opinions, statements, offers, propositions and other material (collectively, "Feedback") posted by that Member by and through the Interactive Services. Members are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions ("Links") in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. Company reserves the right to prohibit any conduct by Members or to remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in Company's sole discretion. The reasons for removal may include where Company believes that the Feedback posted, or activity engaged in, is unsuitable for the Interactive Services and/or Site for any reason including, without limitation:
- that the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, harassing or otherwise objectionable;
- that the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party;
- where Company believes that a Member is, at any time, conducting any commercial activity by and through the Interactive Services; and/or
- where Company believes a Member to be in violation of the Agreement.
The Interactive Services contain Content and Feedback that are provided directly by Members. You understand and agree that Company shall not be liable to You, any Members or any third party for any claim in connection with Your use of the Interactive Services. You agree that Company shall have no obligations and incur no liabilities to You in connection with any Content and/or Feedback appearing in the Interactive Services. Company does not represent or warrant that the Content and/or Feedback posted in the Interactive Services is accurate, complete or appropriate. You understand and agree that Company is not responsible or liable in any manner whatsoever for Your inability to use the Interactive Services. All Interactive Services messages and Feedback may be deleted automatically after sixty (60) days.
(D) Other Websites Owned/Operated by Company.
To enhance Members’ user experience on the Site, the Service is offered through and accessible through other websites owned and/or operated by Company. By registering with the Site You acknowledge and consent that the Content You post to the Site may be available to users of the Service who access it via other websites that are owned and/or operated by Company and Your Profile on the Site may be viewable by users of other websites owned and/or operated by Company. You further acknowledge and accept that Profiles of others that You may view and communicate with through the Service may have registered with and accessed the Service through other websites owned and/or operated by Company. To personalize Your experience of the Site and other websites owned and/or operated by Company, the Company classifies Profiles for purposes of creating communities of similar users. By registering with the Site You acknowledge and consent that Company may classify Your Profile for such purposes and also for purposes of: i) restricting access to Your Content by other users of the Site and by users of other websites owned and/or operated by Company; and ii) restricting the ability to communicate between You and other users of the Site and users of other websites owned and/or operated by Company.
As a Member, You agree that You are solely responsible for: (i) the Feedback, Content and/or other information that You publish, transmit and/or post on the Interactive Services; and (ii) for Your conduct in connection with the Personal Services including, but not limited to, Your Profile and any and all Meet-Ups. You agree to use the Interactive Services and/or Personal Services in a manner consistent with any and all applicable laws and regulations.
In connection with Your use of the Interactive Services and/or Personal Services, You agree not to: (A) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (B) display any audio files, text, photographs, videos or other images containing confidential information; (C) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in Your community, as defined under applicable law; (D) impersonate any person or entity; (E) "stalk" or otherwise harass any person; (F) engage in unauthorized advertising to, or commercial solicitation of, Site-visitors or Members; (G) transmit any chain letters, spam or junk e-mail to Site-visitors or other Members; (H) express or imply that any statements You make are endorsed by Company, without Our specific prior written consent; (I) harvest or collect personal information of Site-visitors or Members whether or not for commercial purposes, without their express consent; (J) 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 Site or its contents; (K) 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; (L) transmit requests for financial or legal assistance, sponsorship for immigration purposes, employment or credit card or banking information; (M) solicit, offer or otherwise engage in any form of prostitution or illegal sexual activity; (N) remove any copyright, trademark or other proprietary rights notices contained on the Site; (O) interfere with or disrupt the Service, Site and/or the servers or networks connected to the Service and/or Site; (P) post, offer for download, e-mail 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; (Q) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (R) "frame" or "mirror" any part of the Site, without Our prior written authorization; (S) use metatags or code or other devices containing any reference to Company, the Service and/or the Site in order to direct any person to any other website for any purpose; and/or (T) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service and/or Site or any software used on or for the Service and/or Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of Your Company Service account without notice, in the sole discretion of Company. Company reserves the right to pursue any and all legal remedies against Site-visitors and/or Members that engage in the aforementioned prohibited conduct.
Without Limiting Any of the Foregoing, You Agree That You Will:
- keep all Content, Feedback and other information that You gain access to by and through the Site private and confidential and will not give such Content, Feedback and/or other information to anyone without the permission of the person who provided it to You;
- not post any Content, Feedback and/or other contact information including, but not limited to, e-mail addresses, telephone numbers, postal addresses, "instant messenger" nicknames, URLs, or full names that may be used to discover Your contact information, through Your publicly posted information. You may transmit only offline or non-electronic contact information, such as phone numbers, names and postal addresses, via the internal email and instant messaging systems of the Site. You may not transmit any electronic or online contact information including, but not limited to, email addresses, instant messenger nicknames and URLs, through the internal email or instant messaging systems of the Site. We reserve the right, but do not maintain the obligation, to edit any electronic or online contact information, either manually or automatically, from Your Profile and from any messages that You send by and through the Service;
- not distribute the Content, Feedback and other information for any purpose including, without limitation, compiling an internal database, redistributing or reproduction of the Content, Feedback and other information by the press or media or through any commercial network, cable or satellite system;
- not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, aggregate, copy, duplicate, make available to any person or otherwise use, either directly or indirectly, the Content, Feedback and other Site information, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, without express written consent from Company. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Company or its licensors or allow any third-party to access the Content, Feedback and other Site information. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and Content and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright and other proprietary notices intact. The restrictions set forth in the Agreement shall not apply to the limited extent that the restrictions are prohibited by applicable law; and
- not violate or attempt to violate the security of the Site including, without limitation, the following activities: (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any Member, host or network including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
License to Use Your Content, Feedback, Profiles and Other Information.
With the exception of financial and billing information, such as Your Active Payment method, You hereby grant to Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any Feedback, Profiles, Content, Registration Data or other information that You provide on or through the Site and/or Service or which is sent to Company by e-mail or other correspondence, for any purpose whatsoever. Company shall not be subject to any obligations of confidentiality regarding any such Feedback, Profiles, Content, Registration Data or other information unless specifically agreed by Company in writing or required by law. By submitting such Feedback, Profiles, Content, Registration Data or other information to Us, You: (a) represent and warrant that Company's use of Your submission does not and will not breach any agreement, violate any law or infringe any third party's rights; (b) agree that Company is free to use in any manner all or part of the content of any such information and communications on an unrestricted basis without the obligation to notify, identify or compensate You or anyone else. Should You choose to remove Your Profile, including via the option listed on the Site as "Remove my Profile" ("Remove"), Your Profile will be removed from the Site and shall no longer be viewable by other Members; provided, however, that we may retain a copy of Your Profile for purposes of legal compliance and to enable You to reactivate Your Profile at a later date should You choose to renew Your Membership.
YOU MAY ACCESS AND EDIT YOUR OWN PERSONAL INFORMATION STORED BY COMPANY ON THE "MY PROFILE" AND "MY SETTINGS" PAGES LOCATED ON THE SITE.
Company may, from time to time, hire and pay certain Members that have posted Profiles, who shall be called "Online Ambassadors," to greet and otherwise communicate with all classes of Members via the Interactive Services and to help safeguard against abuse of the Agreement by reporting wrongdoing to Site administrators. The mission of the "Online Ambassador" is to interact with Members, at their sole discretion, with a view to welcoming Members and encouraging their active participation on the Site. The Online Ambassadors will work to familiarize new Members with the various Interactive Services features of the Site and to encourage both old and new Members to add photos and voice recordings to their Profiles and otherwise complete and enhance the written parts of their Profiles in order to increase their visibility and appeal to other Members. The Online Ambassadors will have the OA logo (), or an Online Ambassador tag, prominently displayed on their Profiles, together with language indicating that they are sponsored by Company, and that logo will comprise an html link to an explanation of the meaning of that logo. Former Online Ambassadors will have the Former OA logo (), or the words "Former Online Ambassador," prominently displayed on their Profiles. Former Online Ambassadors are Members who were once Online Ambassadors but are not currently. As is the case with all Members, Company is not responsible for verifying the content of the Online Ambassadors' Profiles or auditing the content of their communications via the Interactive Services, Feedback and other Content. You are solely responsible for Your interactions with Online Ambassadors. Without limiting the generality of the disclaimers contained herein, because We: (a) do not supervise or control Your interactions with Online Ambassadors; and (b) cannot guarantee the true identity, age and other Profile information of any Online Ambassadors, in the event that You have a dispute with one or more Online Ambassadors, You hereby release Company including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all 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.
THE ONLINE AMBASSADORS ARE NOT AUTHORIZED REPRESENTATIVES OF COMPANY; THEY ARE NOT PERMITTED TO USE THE SITE TO SELL OR TRADE ANYTHING, TO ENGAGE IN ANY COMMERCIAL ACTIVITY WITH OTHER MEMBERS, TO MAKE ANY PROMISES OR REPRESENTATIONS OR TO TAKE ANY ACTION WHATSOEVER IN THE NAME OF COMPANY. ANY INAPPROPRIATE OR SUSPICIOUS BEHAVIOR BY AN ONLINE AMBASSADOR SHOULD BE IMMEDIATELY BROUGHT TO THE ATTENTION OF COMPANY.
Background Checks and Safety.
NOTICE: MATE1.COM DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS.
General Disclaimers and Limitations on Liability.
The Service and Site contain Content, Feedback, Profiles and other information that is provided directly by Members, Online Ambassadors and/or other third parties. Such Content, Feedback and other information should not necessarily be relied upon. Company does not control the information provided by Members, Online Ambassadors and/or other third parties that is made available within the Service and/or Site. Those Members, Online Ambassadors and/or other third parties are solely responsible for the accuracy, completeness, appropriateness and usefulness of such Content, Feedback, Profiles and other information. Company does not represent or warrant that the Content, Feedback, Profiles and other information made available by and through the Service and/or Site is accurate, complete or appropriate. You understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor, or otherwise police, such Content, Feedback, Profiles and other information. You agree that Company shall have no obligation and incur no liability to You in connection with any such Content, Feedback, Profiles and other information made available by and through the Service and/or Site.
You may find certain Content, Feedback, Profiles and other information as posted by Members, Online Ambassadors and/or other third parties to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Service and/or Site. You are solely responsible for Your interactions with other Site-users including, but not limited to, Members, Online Ambassadors and/or other third parties. Because We are not involved in Site-user interactions, in the event that You have a dispute with one or more Members, Online Ambassadors and/or other third parties, You hereby release Company including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all 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. Company reserves the right, but has no obligation, to monitor disputes between You and other Members, Online Ambassadors and/or other third parties.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which You have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including, without limitation, the states of Missouri, Delaware and Pennsylvania) to the full extent that You may lawfully waive all such rights and benefits.
THE SITE, SERVICE, CONTENT, FEEDBACK, PROFILES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE, SERVICE, CONTENT, FEEDBACK, PROFILES OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICE, CONTENT, FEEDBACK, PROFILES OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ANY MEMBERS, ONLINE AMBASSADORS OR OTHERWISE THROUGH OR FROM THE SITE AND/OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICE, CONTENT, FEEDBACK, PROFILES OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR PROFILE DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, CONTENT, FEEDBACK, PROFILES OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICE, CONTENT, FEEDBACK, PROFILES OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE MAY BE BROUGHT BY YOU OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE SITE, SERVICE, CONTENT, FEEDBACK, PROFILES OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, Company's liability shall be limited to the maximum extent permitted by law.
Company may terminate the Agreement and/or Your Membership at any time, with or without cause, in Company's sole and unfettered discretion. Moreover, without limiting the generality of the foregoing, any fraudulent, abusive or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Site or the Internet by others may be grounds for the termination of Your access to all or part of the Site and/or Service at Our sole discretion, and You may be referred to appropriate law enforcement agencies. Any such termination by Company shall be in addition to and without prejudice to such rights and remedies as may be available to Company, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of the Agreement shall survive the termination or expiry of the Agreement.
You agree at all times to indemnify, defend and hold harmless Company, its agents, suppliers, affiliates and their respective directors and employees from and against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Company directly or indirectly in connection with:(a) Your use of the Site, Service, Content and/or Feedback in any way, whatsoever; (b) Your breach of the Agreement; (c) any disputed between You and any Members and/or third parties; and/or (d) Your violation of any rights of another individual and/or entity.
As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Service and associated Content, Feedback, Profiles and other information in accordance with the Agreement. Company may terminate this license at any time for any reason. No part of the Site, Service or associated Content, Feedback, Profiles and other information may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of Content, Feedback, Profiles and other information from the Site and/or Service by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Service, Content, Feedback, Profiles or other information or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. Your right to use the Site, Service, Content, Feedback, Profiles and other information is not transferable.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, Service, Content, Feedback, Profiles and other information, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site, Service, Content, Feedback, Profiles and other information is strictly prohibited. You do not acquire ownership rights to any Content, Feedback, Profiles and other information viewed at or through the Site and/or Service. The posting of Content, Feedback, Profiles and other information at the Site, or by and through the Service, does not constitute a waiver of any right in or to such information and/or materials.
Copyright Violations Policy.
Company respects the intellectual property rights of others and Company prohibits Members from posting, distributing or reproducing in any way copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If You believe that Your work has been copied and/or posted on the Site 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 Site;
- Your address, telephone number, and email address;
- a 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; and
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright property owner or authorized to act on the copyright owner's behalf.
Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Mail: Copyright Agent
4200 Saint-Laurent Blvd
Montreal, Quebec H2W 2R2
Fax: 514-393-1231 Attn: Copyright Agent
It is the policy of Company to limit access to the Site and/or terminate the Membership privileges of any Member who infringes upon the proprietary rights of others, whether or not there is any repeat infringement.
Company, the Site and the Content (excluding linked websites or content) are physically located within the Province of Quebec, Canada. The Agreement will be governed by the laws of the Province of Quebec and the federal laws of Canada and shall be treated in all respects as a Quebec contract, without reference to the principles of conflicts of law. We expressly exclude the UN Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time. We have required that the Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient redigés en anglais.
Dispute Resolution Provisions.
Should a dispute arise concerning the Site, Service, Content, Feedback, the terms and conditions of the Agreement or the breach of same by any party hereto, You may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to Us, which can be found here. We may choose to provide You with a final written settlement offer after receiving Your Initial Dispute Notice ("Final Settlement Offer"). If We provide You with a Final Settlement Offer and You do not accept it, or We cannot otherwise satisfactorily resolve Your dispute, You can submit Your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in Your county of residence or such applicable equivalent, by filing a separate Demand for Arbitration, which is also available on the Site here. For claims of Ten Thousand Dollars ($10,000.00) or less, You can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards You relief that is greater than our Final Settlement Offer, then We will pay all filing, administration and arbitrator fees associated with the arbitration and, if You retained an attorney to represent You in connection with the arbitration, We will reimburse any reasonable attorneys' fees that You incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although We may have a right to an award of attorneys' fees and expenses if We prevail in arbitration, We will not seek such an award from You unless the arbitrator determines that Your claim was frivolous.
To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing You from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of Your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
Third Party Websites.
The Site and/or Service may provide links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or such third party websites or resources, or for any damages and/or losses arising therefrom.
The division of the Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Agreement. In the Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in the Agreement and on the Site, unless otherwise specified, are in United States dollars.
No waiver of any provision of the Agreement shall be binding on Company unless executed by Company in writing. No waiver of any of the provisions of the Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of the Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of the Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
You acknowledge having read the Agreement before accepting it, having the authority to accept the Agreement and having received a copy of the Agreement.