Effective Date: May 1st, 2009
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) accessing, browsing and/or otherwise using www.malematch.net (the "Site") ii) purchasing any products or services from Koby Co Media, Inc. ("We", "us", "Company" or "KCM"), iii) or utilizing or purchasing any of the products or services from the Company through this Site, you are deemed to have read, understood and agreed to these Terms of Service and this Agreement is therefore a binding one. We reserve the right to modify them at any time. You should check these Terms of Service periodically for changes. By using this Site after we post any changes to these Terms of Service, you are agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from the Company, the version of these Terms of Service that were posted at the time of purchase or utilization apply. You agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. You must be 18 years of age or older to use this Site and to register as a member. If we discover or have any reason to suspect that you are not over 18 years of age, then we reserve our right to suspend or terminate your membership to this Site immediately and without notice. You are also agreeing to the terms set forth under the Company's "Privacy Policy/Your California Privacy Rights" (the "Privacy Policy") which are incorporated into this Agreement.
If you do not agree to all of these Terms of Service, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
These Terms of Service apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with the Company for products, software, services or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site. The "Services" offered by the Company consist of the following, without limitation: a service for single people, interactive content and community services such as advice columns and forums, and any premium services offered by or on behalf of the Company. The Company may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. The Company also reserves the right to cease offering any of the Services. From time to time, the Company may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Company's sole discretion. The provisions of Section 4 apply with full force to such features or tools.
STATE OF NEW JERSEY INTERNET DATING SAFETY ACT DISCLOSURE
IF YOU ARE A USER OR MEMBER COMING FROM THE STATE OF NEW JERSEY, WE ARE REQUIRED TO NOTIFY YOU THAT WE DO NOT CONDUCT CRIMINAL BACKGOUND CHECKS ON ANY USER, MEMBER OR PROSPECTIVE MEMBER.
Index
Section 1. MEMBERSHIP FEES
Section 2. PAYMENT AUTHORIZATION
Section 3. USE RESTRICTIONS
Section 4. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
Section 5. LIMITATION OF LIABILITY
Section 6. REVISIONS TO THIS AGREEMENT
Section 7. TRANSMISSIONS; USER SUPPLIED MATERIALS
Section 8. YOUR WARRANTIES AND INDEMNIFICATIONS
Section 9. ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION
Section 10. GOOD SAMARITAN CONTENT AND COMPLAINT PROCEDURES POLICY
Section 11. COOPERATION WITH LAW ENFORCEMENT
Section 12. 18 U.S.C. 2257 RECORD-KEEPING REQUIREMENT COMPLIANCE STATEMENT; MISC CONTENT STATEMENT
Section 13. TERM AND CANCELLATION
Section 14. APPLICABLE LAWS, VENUE, JURISDICTION & MANDATORY ARBITRATION
SECTION 1. MEMBERSHIP FEES
Member subscription payments can be made in U.S. Dollars, as well as a variety of international currencies. Membership terms are 7 days, 30 days, and 90 days. Once purchased, membership fees are NONREFUNDABLE even in the event that your membership is terminated for violations of our USE RESTRICTIONS. You warrant that you have purchased a membership based on membership rates that are effective for your primary country of residence.
SECTION 2. PAYMENT AUTHORIZATION
Payment for the services provided to you in, at, through or in association with the Site may be made by automatic credit card, debit card, direct debit, online checks, short message signal ("SMS") billing and other approved payment means offered in, at, through or in association with the Site, and you hereby authorize the Company and its agents to transact such payments on your behalf.
You hereby authorize the Company's payment service providers to charge your credit card or other accounts to pay for your membership to the Site. You further authorize the Company's payment service providers to charge your credit card or other accounts for any and all purchases of products, services and other entertainment available in, at, through, or in association with the Site. You agree to be personally liable for all charges incurred by you in association with your access or other use of any products, services and/or content provided by the Company or any third party in association with the Site. You acknowledge and agree that your liability for all such charges shall continue after termination of your access or any type of membership arrangement with the Company.
In the event that you have chosen to have your membership automatically rebilled, unless and until you notify the Company that you wish to cancel or terminate your membership to the Site, you hereby agree and authorize the Company's payment service providers to automatically renew your membership to the Site on a continuing basis and to charge your credit card (or other payment means you have selected) to pay for the ongoing cost of your membership. You hereby further authorize the Company's payment service providers to charge your credit card (or other approved payment means you have selected) for any and all purchases of products, services and entertainment provided to in, at, through or in association with the Site.
SECTION 3. USE RESTRICTIONS
A. Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company © 2008, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display and use the materials on this Site for private personal entertainment, educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of the Company. You may not "mirror" any material contained on this Site on any other server without prior written permission from the Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
B. Trademarks. The trademarks, service marks, trade names and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Company. In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of the Company or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of the Company or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other Content on the Site, is strictly prohibited.
For clarity of doubt, "Malematch" and the
logo are among the trademarks of the Company.
C. Hyperlinks. You are granted a limited, nonexclusive right to create a hypertext link to this Site provided that such link is to the entry page of this Site and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the Content of any text or the layout/design of any page or any form contained on a page without the Company's express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that the Company 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 on any such third party sites.
D. Downloadable Materials. Any software, images or other materials, including codes or other materials that are made available to download from this Site, is the copyrighted work and/or other property of the Company and/or its suppliers and affiliates. If you download software, images or other materials from this Site, use of the software, images or other materials is subject to the license terms in the license agreement that accompanies or is provided with the materials. You may not download or install the software, images or other materials until you have read and accepted the terms of the applicable license agreement. Without limiting the foregoing, copying or reproduction of the software, images or other materials to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable license agreement in the case of software, or the express written consent of the Company in the case of codes, images, or other downloadable materials.
E. Limited Access. Except as otherwise expressly permitted by the Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the Web pages on the Site or the content contained therein without the Company's prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure.
F. Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by the Company (the "Services") which, in the sole judgment of the Company: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other unauthorized photos or software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to its use of the Services. In addition, you may only use the Services in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at support@malematch.net. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:
1. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable.
2. impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
4. upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit or post under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
5. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
7. upload, post, e-mail or otherwise transmit any material that contains software viruses, worms 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;
8. disrupt the normal flow of user interaction, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
9. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. 'stalk' or otherwise harass another user of the Site or Company employee or official;
12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
13.upload, post, e-mail or otherwise transmit any content intended to defraud, swindle or deceive other users of the Services;
14. upload, post, e-mail or otherwise transmit any content that promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
15.disseminate another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
16.upload, post, e-mail or otherwise transmit any content that is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
17.use scripts, bots or other automated technology to access the Site or Services;
18. collect or solicit personal information about anyone under 18;
19.provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change; and/or
20. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
SECTION 4. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THIS SITE, INCLUDING ALL SOFTWARE, SERVICES, PRODUCTS, FUNCTIONS, MATERIALS, AND INFORMATION IS PROVIDED "AS IS" AND ON AN ‘AS AVAILABLE' BASES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. THE COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE COMPANY DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
The Company and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that the Company and its contractors will have no liability to you arising from any incorrectly verified information. Additionally, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
SECTION 5. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
IN NO EVENT WILL THE COMPANY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DIRECT DAMAGES OF YOURS OR ANY OTHER PARTY IN EXCESS OF THE AMOUNT RECEIVED FROM YOU OR THAT PARTY IN THE 3 MONTHS PRECEDING THE ARISING OF THE DIRECT DAMAGES.
No Liability for non-Company Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
SECTION 6. REVISIONS TO THIS AGREEMENT
Because the Web is an evolving medium, we may need to change these Terms of Service at some point in the future, in which case we'll post the changes to these Terms of Service on this website and update the Effective Date to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.
SECTION 7. TRANSMISSIONS; USER SUPPLIED MATERIALS
Any ideas, information, images, text or other materials you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products. With regard to such ideas, information, images, text or other materials, by posting them or supplying them to the Company, you are granting to the Company a royalty free, non-exclusive license to use such materials in any manner, at any time, for any purpose. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.
You agree to follow any community rules or terms posted with regard to participation in any forum on the Site.
SECTION 8. YOUR WARRANTIES AND INDEMNIFICATIONS
You represent to, warrant to and agree with the Company that:
A. You are 18 years of age or older and all information and details provided by you to the Company (including on registration as a member) are true, accurate and up to date in all respects and at all times, and;
B. You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that the Company will own the compilation copyright in that database. In addition, you hereby grant the Company a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publically display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither the Company nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.
C. You will comply with these Terms of Service and our Privacy Policy including, without limitation, the USE RESTRICTIONS set out in Section 3 above;
D. By requesting to use, registering to use, and/or using the Services and the Site, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. THE COMPANY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, the Company reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this section.
E. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
F. Geographic Limitations. The Site and Services are intended for use in the United States, unless other territories are specifically noted. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
G. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site or as to the conduct of such individuals. You further understand that Company makes no guarantees as to number or frequency of matches through the Site.
H. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to the Company, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay the Company $50 for each such unsolicited communication you send through the Services.
I.You agree to indemnify and hold the Company, and its officers, board members and employees harmless from any claim and/or damages (including any legal fees in relation to same) asserted by a third party arising from or in relations to any actual or alleged i) breach of these Terms of Service (including our Privacy Policy) by you, ii) your activities on the Site, iii) materials you provide the Company, or iv) any violation of any law or the rights of any third party by you.
SECTION 9. ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION
The Company may take any or all of the following actions at our sole discretion:
A. Remove any member profile (including photographs) or other material that, in our sole discretion consider or suspect i) may be inappropriate, ii) may be illegal, iii) may subject us to liability, iv) may violate these Terms of Service, v) maybe required by law;
B. Issue members with verbal or written warnings and/or take such further action as we deem appropriate if such warnings are not heeded;
C. Suspend or terminate a member's access to the members' area of the Site or a member's account without notice at any time;
D. Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
E.Bring legal action against a member or other user of the Site in relation to any breach of these Terms of Service or any illegal or suspected illegal activity.
SECTION 10. GOOD SAMARITAN CONTENT AND COMPLAINT PROCEDURES POLICY
A. Policy. We have provided opportunities for you to contribute content to our Site. It is our policy, however, not to allow any content which may i) constitute intellectual property infringement, ii) violate federal, state, or local law, iii) be obscene or defamatory, or iv) may otherwise be unacceptable or inappropriate. Upon learning of such inappropriate content, we reserve the right, and you hereby grant to the Company the right, to delete, edit, remove, disable, change, or restrict access to or the availability of the content, which in our sole discretion, is otherwise unacceptable or objectionable. We may or may not notify you about what action we take with respect to the disputed content. The provisions of this section are intended to implement this policy but are not in any way intended to impose a contractual obligation upon us to undertake, or refrain from undertaking, any particular course of conduct.
B . Complaint Procedures. If you believe that another user or other third party has posted content which violates this policy or specifically the USE RESTRICTIONS in Section 3 above, you may notify the Company as follows: (i) via e-mail at support@malematch.net; or (ii) via first class mail (or other nationally-recognized courier) at: Customer Service Director, Koby Co Media, Inc., 311 N Robertson Blvd, Suite 465, Beverly Hills, CA 90211. In order to allow the Company to respond effectively, please provide the Company with as much information as possible in your e-mail or correspondence, including: (1) the nature of the right infringed or violated (including any applicable registration numbers of the federally-registered intellectual property allegedly infringed), if applicable, or the unacceptable or inappropriate content; (2) all facts which lead you to believe that a right has been violated or infringed, if applicable; (3) the precise location where the offending content is located; (4) any grounds to believe that the party or user which posted the content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate content; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership.
C. Indemnification/Waiver of Certain Rights. By contacting the Company and complaining of an alleged violation, you agree that the substance of your complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the state of California. In addition, you agree, at your own expense, to defend and indemnify the Company and hold the Company harmless against all claims which may be asserted against the Company, and all losses incurred, as a result of your complaint and/or our response to it.
D. Waiver of Claims and Remedies. We expect all users of our Site to take responsibility for their own actions and cannot and do not assume liability for any acts of third parties which take place at our Site. By utilizing the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST THE COMPANY UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE CONTENT AT THIS SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.
E. Investigation/Liability Limitation. You agree that we have the right, but not the obligation, to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable or restrict access to or the availability of content. We will not act on complaints that we believe, in our sole discretion, to be deficient, incomplete, or otherwise questionable. If you believe that content remains on this Site which violates your rights, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY RESPONSIBLE FOR SAID CONTENT, NOT AGAINST THE COMPANY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST THE COMPANY SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICE.
F. Digital Millennium Copyright Act Notice and Compliance.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify the Company's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
Koby Co Media, Inc. Copyright Agent
Koby Co Media, Inc.
311 N Robertson Blvd, Suite 465
Beverly Hills, CA 90211
copyright@malematch.net
SECTION 11. COOPERATION WITH LAW ENFORCEMENT
The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information regarding any user or member alleged by any governmental entity to be using the Site or any content or materials available in, at, through or in association with the Site in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION BY THE COMPANY DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES
SECTION 12. 18 U.S.C. 2257 RECORD-KEEPING REQUIREMENT COMPLIANCE STATEMENT; MISC CONTENT STATEMENT
The Site may contain various forums, such as ones labeled "Masseurs", "Rent Men" and "Rent Pornstar". Such forums are for advertisements and links to independent advertisers. We have no business relationship with advertisers other than offering them free web space for placement of advertisements on the site.
The operators of this Website are EXEMPT from the record-keeping requirements of 18 U.S.C. 2257 and 28 C.F.R. Part 75 because none of the visual depictions contained in this Website involve or portray depictions of any person engaged in actual sexually explicit conduct as that term is defined in 18 U.S.C. 2256 (2) (A) through (D).
The operators of this Website are also EXEMPT from the record-keeping requirements of 18 U.S.C. 2257 and 28 C.F.R. Part 75 because they are neither primary nor secondary producers as those terms are defined under those sections.
All of the actors, actresses, models or other persons that appear in any visual depiction contained in this Website were over the age of eighteen (18) years of age at the time that the visual image was created.
This site is not intended to be viewed by minors. If minors have access to your computer, please use one of the following programs to prevent them from accessing the site: Net Nanny, Surf Watch, Cyber Patrol, or Cyber Sitter.
SECTION 13. TERM AND CANCELLATION
A. Term and Termination of Your Subscriptions/Account
Either you or the Company may terminate your subscriptions at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by i) following the steps in the applicable section under "Cancellations" below, or ii) by sending a notice of cancellation to: Koby Co Media, Inc., Attn: Cancellations, 311 N Robertson Blvd, Suite 465, Beverly Hills, CA 90211. Following any termination of any user's use of the Services, the Company reserves the right to send a notice thereof to other users which whom you have corresponded.
B. Cancellation
You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the "Account Settings" page under the "My Settings" option on your membership home page, clicking on "Cancel My Subscription" link, and providing the information requested. Alternately, you may email to cancel at billing@malematch.net, provided you provide your user name, password or subscription number, so that we can identify your account. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
i)If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to Services that you have not received will be promptly refunded to you or your representative.
ii)"Disability" means a condition which precludes you from physically using the Services you have contracted for during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to the Company.
iii)If the physician determines that the duration of the disability will be less than six (6) months, the Company may extend the term of the Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
C. Renewals.
In order to provide continuous service, the Company automatically renews all paid subscriptions for Services 24 hours before such subscriptions expire. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on), except for annual subscriptions which will renew on a monthly basis after expiration of the annual period. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under Section 13. B. above.
SECTION 14. APPLICABLE LAWS, VENUE, JURISDICTION & MANDATORY ARBITRATION
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company.
You acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therefore agree that the Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security. For any other claims in which the remedy are damages, any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court or competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the state of California and the United States.
Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter with the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company, in its sole discretion shall elect the dispute to be resolved by either (1) a court of competent jurisdiction in the County of Los Angeles, California or (2) a panel of three new arbitrators.
This Agreement shall be governed by and construed in accordance with the laws of the state of California notwithstanding any conflict of laws provisions. You and the Company agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be Los Angeles, California. You and the Company further agree that in case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Los Angeles, California (the "California Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the California Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the California Courts represent the exclusive jurisdiction for all litigation relating to this Agreement.
