Terms of Use

Welcome to MatchTo.com.

MatchTo.com (the "Site") is operated by MatchTo.com, and materials on the Site are owned by MatchTo.com and its licensors.

By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.

MatchTo.com has created this Site for your personal and non-commercial use. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use, which together constitute an Agreement between you and MatchTo.com. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to: contact(at)MatchTo.com. If you become aware of misuse of this Site by any person, please contact legal(at)MatchTo.com with your concerns.

MatchTo.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site at www.MatchTo.com/termsofuse. Any use by you following such posting will signify your agreement to such changes. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

MatchTo.com may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. MatchTo.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Though it is never MatchTo.com’s, its employees, or its partners intention to do such, you agree that this web site may expose you and/or others to content that may be objectionable or offensive. MatchTo.com, its employees, and its partners shall not be responsible to you in any way for the content that appears on this web site, nor for any error or omission.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about MatchTo.com’s collection and use of your personal information, including our policies and practices regarding the sharing of such information with third parties, please read the Privacy Policy located at www.MatchTo.com/privacy.

USE

Materials contained in this Site are protected by national and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards, unlicensed merchandise and mash-ups, unless you have obtained the prior written consent of MatchTo.com or unless it is expressly permitted by this Site in each instance. This prohibition applies regardless of whether the derivative materials are sold, bartered, or given away.

You agree to release MatchTo.com and its employees, agents, partners, content providers, and affiliates from any and all liability and obligations whatsoever in connection with or arising from your use of MatchTo.com. If at any time you are not happy with MatchTo.com or object to any material within; or which you desire was within; the Site, your sole remedy is to cease visiting the Site.

SITE MONITORING

The owners of the Site may electronically monitor the Site and the users of the Site in order to ensure compliance with these Terms of Use and may disclose any information, record or electronic communication of a user of the Site:

  1. In compliance with any law, regulation or authorized governmental request; or

  2. If such disclosure is necessary for the continued operation of the Site; or

  3. To protect the rights and/or property of the owners of the Site or its employees or partners; or

  4. To protect the rights and/or property of other visitors to the Site.

You agree that you will not use any script, software or mechanical device to access, monitor or copy the Site or interfere with the normal functioning of the Site, unless specifically authorized by the owners of the Site.

UNSOLICITED SUBMISSIONS

MatchTo.com does not knowingly accept unsolicited submissions including, without limitation, submissions of articles, drawings, information, suggestions, ideas or concepts. MatchTo.com’s policy is to simply delete any such submission without reading it or forwarding it to other MatchTo.com staff. Therefore, any similarity between an unsolicited submission and any elements in any Site creative work including, without limitation, categories, information and/or informational listing of any type for any purpose, content of any type, title, or concept would be purely coincidental.

If unsolicited submissions are nonetheless sent to MatchTo.com via this Site; or without limitation via any other submission or delivery means; however, these submissions become the property of MatchTo.com and may be used, copied, modified, sublicensed, adapted, transmitted, distributed, publicly disclosed, published, displayed or deleted as MatchTo.com sees fit. You agree that you are not entitled to any compensation, credit, or notice whatsoever and that by sending or otherwise providing to MatchTo.com (whether directly or via one or more third parties or intermediaries), its employees, agents, affiliates, content providers, or its partners, an unsolicited submission you waive the right to make any claim against MatchTo.com, its employees, agents, partners, content providers, or affiliates relating to unsolicited submissions, including but not limited to, without limitation; unfair competition, breach of implied contract, or breach of confidentiality.

LINKED SITES AND ADVERTISING

In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or MatchTo.com, including its respective employees, partners, agents, affiliates, content providers, or suppliers.

When the Site has provided links or pointers to other web sites; whether framed or not framed; no inference or assumption should be made and no representation should be implied that MatchTo.com is connected with, operates or controls these web sites.

MatchTo.com is not responsible for the content or practices; nor price(s), statements, representations, truth, accuracy, financing terms if any, guarantee(s) and/or warranty(ies) if any, quality, safety, or legality; nor for any actions you may or may not take in reliance on such including but not limited to the purchase of product(s) and/or service(s); of third party web sites that may be linked to this Site.

This Site may also be linked to other web sites; or pages within the Site itself; operated by companies or other entities affiliated with; partially or entirely owned and/or controlled by; or otherwise related to and/or connected with MatchTo.com and/or its employees and partners. When visiting other web sites, you should refer to each such web site's individual "Terms of Use" and “Privacy Policy” and not rely on this Agreement.

MatchTo.com takes no responsibility for third party content or advertisements which are posted on or available via this Site, nor does it take any responsibility for the goods or services provided by its sponsors and advertisers; whether contained within the Site or at the advertisers’ own site(s).

When you click on a link within the Site, neither the Site nor MatchTo.com will warn you that you have left this Site and are subject to the terms and conditions (including privacy policies) of such other site. In some cases it may be less obvious than others that you have left this Site and reached a third party site. Please be careful to read the terms of use and privacy policy of any web site before you provide any confidential or other information; or engage in any transactions. MatchTo.com is not responsible for your activities on web sites other than this Site.

Linking to an internal web page(s) or other (ie third party) websites DOES NOT constitute an endorsement by MatchTo.com or its employees or partners, of the providers or sponsors of the site or the products and/or services presented and/or made available on or through the site.

DISCLAIMER OF LIABILITY AND WARRANTIES

While MatchTo.com does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

MatchTo.com reserves all control of the use and availability of this Site including: restricting the time of availability, restricting the availability and/or scope of the Site for certain platforms (i.e., computer types and operating systems), restricting the amount of use permitted, and restricting or terminating any user's right to use all or part of the Site, at any time in MatchTo.com's sole discretion and without prior notice or liability.

You are responsible for all charges associated with connecting to the Site through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Site. You certify that you are an individual (i.e., not a corporation).

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that MatchTo.com DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that MatchTo.com, together with its respective employees, agents, content providers, and partners, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that MatchTo.com is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that MatchTo.com is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless MatchTo.com, its employees, agents, content providers, partners, and affiliates from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LIMITATION OF LIABILITY

In no event shall MatchTo.com, its employees, agents, partners, or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the service or with the delay or inability to use the service, or for any information, software, products and services advertised in or obtained through the service, MatchTo.com’s removal or deletion of any materials or records submitted or posted on its site, or otherwise arising out of the use of the service, whether based on contract, tort, strict liability or otherwise, even if MatchTo.com or any of its employees, agents, partners, affiliates, or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that MatchTo.com, its employees, agents, partners, affiliates, or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

ALL ADVERTISING SUBJECT TO CONTINUING ACCEPTENCE

MatchTo.com is a resource website specifically designed for and dedicated to serving the informational and other needs of visitors of all ages from around the world.

Accordingly, advertising is not accepted from companies, businesses, or other entities providing products and/or services of an “adult/adult only” nature or which are otherwise deemed unsuitable; as determined solely by MatchTo.com; for inclusion within the MatchTo.com website.

Acceptance of a given advertisement (advertising) one or more times does not indicate that such advertisement will necessarily at any time in the future be again accepted for inclusion within the Site.

The acceptance of any advertisement(s); regardless of placement location within the Site; remains at all times at the sole discretion of MatchTo.com.

PATENTS

The breakthrough ad-matching of MatchTo.com is covered under pending patents.

Furthermore, the various non-scope-limiting descriptions, concepts, examples, explanations, instructions, etc. and detailed and/or actually provided embodiment(s) described, operated, and displayed within this website are in no way exhaustive; nor are they intended to limit any of the inventions covering MatchTo.com to any particular form or forms; representing as they do only a tiny fraction of the actual, potentially virtually unlimited, embodiments of the said inventions.

Nothing contained within the MatchTo.com website shall be construed as an admission against interest in any matter.

TRADEMARKS

MatchTo, MatchTo.com, the MatchTo logo, Why Search When You Can Match?, MatchTo Premier, Save & Autoupdate Me, Add MatchTo Toolbar, the query field with drop-down boxes, What do you qualify for?, etc. are trademarks and/or service marks and/or trade names of MatchTo.com, and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks, service marks, etc. may not be copied, modified, downloaded or otherwise exploited without the permission of MatchTo.com or the owner of such trademark, service mark or trade name.

TERMINATION

MatchTo.com reserves the right to immediately terminate your use of, or access to, this Site at any time if MatchTo.com decides in its sole discretion that you have breached this Agreement or any relevant law, rule or regulation; or that you have engaged in conduct that MatchTo.com considers in its sole discretion to be inappropriate or unacceptable.

OTHER

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this agreement.

Nothing contained within the MatchTo.com website shall be construed as an admission against interest in any matter.

Information contained within the MatchTo.com website is from sources deemed reliable but not guaranteed. Not responsible for typographic or other website content, publishing, etc. errors.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes your copyright or intellectual property (IP) rights, you should notify MatchTo.com of your copyright infringement (or IP) claim in accordance with the following procedure.

MatchTo.com will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement MUST BE MAILED ONLY by CERTIFIED MAIL; RETURN RECEIPT REQUESTED (due to the sometimes inconsistent reliability of e-mail systems and the Internet in general, e-mail notices are NOT accepted and will NOT be acknowledged nor responded to; fax will also NOT be accepted, acknowledged, or responded to):

MatchTo.com
Legal Dept.
POB 1996
Thousand Oaks, CA 91358

To be effective, the notification MUST be in writing and MUST contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to legal(at)MatchTo.com for purposes other than communication about copyright or other IP issues or claims may not be acknowledged nor responded to.

COPYRIGHT INFRINGEMENT

In the case of Third Party Websites who are the subject of a claim of copyright infringement, the owners of the Site reserve the right to remove and/or to disable any link or other access to such Third Party Websites and/or terminate the accounts of the owners of the said websites.

If you come across any Third Party Websites that you believe contains illegal material or assists or promotes the conduct of illegal activities, please contact us by mail using the address above and we will pass the information on to the relevant authorities.

EXPORT CONTROL

Unless otherwise specified, the materials on this Site are presented solely to for use in the United States, its territories, possessions and protectorates. This Site is controlled and operated by MatchTo.com from its offices within the state of California, United States of America. MatchTo.com makes no representation that materials on this Site are appropriate or available for use outside the United States and authorizes no one to do so. Those who choose to access the Site in contravention of the foregoing from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (A) 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 (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, 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.

The owners of the Site support responsible parenting in respect of the use of the Site by children. While we do our best to insure a safe, enjoyable, and comfortable experience for visitors to MatchTo.com, we encourage parents to implement commercially available hardware and software filtering devices that will help protect children from exposure to material that is offensive, objectionable, harmful, deceptive or otherwise inappropriate for children.

Anyone coming across any third party websites or content while utilizing MatchTo.com that you believe contains illegal material or assists or promotes the conduct of illegal activities, please contact us either by email to: legal(at)MatchTo.com or by mail to the above PO Box address and we will pass the information on to the relevant authorities.