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Terms And Conditions
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© 2018 PolyMatchmaker
Terms And Conditions, version 2.03 - Effective Date February 6th, 2015
Terms And Conditions, version 2.03 - Effective Date February 6th, 2015
Terms And Conditions
BINDING EFFECT. This is a binding agreement. By using the Internet site located at http://www.polymatchmaker.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms and Conditions, as they may be amended by ChronoViking, LLC ("CV", "we", "us") from time to time in its sole discretion. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT YOU ARE AT LEAST 18 YEARS OLD OR ARE A LEGAL ADULT AS DEFINED IN YOUR JURISDICTION AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
GOVERNING LAW. These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California, USA in all disputes arising out of or related to the use of the Site or Service.
When you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify CV immediately on any unauthorized use of your account, user name, or password. CV shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by CV, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
MEMBER CONDUCT. CV has no control over the conduct of members. While we enforce these Terms on the site, we are not responsible for actions or absence of actions undertaken by members while participating on the site, on the Internet in general or actions taken by members while offline. CV makes no representations, guarantees or warranties regarding your compatibility with any individuals on the Site.
CV does not endorse or sponsor any meeting or event arranged, held, or organized by members or non-members of the Site. A meeting is defined for the purposes of these Terms and Conditions as more than one person gathering in a specific location in the physical world or non-Site area on the Internet.
NO BACKGROUND CHECKS. CV does not perform background checks on any individuals joining the Site. CV makes no representations, guarantees or warranties regarding individuals who become members of the site, their communications or their actions. Safety should always be foremost in your mind when arranging and going on dates with any other person. We have listed common sense steps you can take
This should only be construed as common sense and not as personal advice.
FELON AND SEX OFFENDER. In signing up to become a member of the Site, you hereby represent, guarantee and warrant you are not a convicted felon. You further represent, guarantee and warrant you have not been convicted of any sexual crime nor are you required to register as a sex offender with any agency pursuant to a court order. CV reserves the right, but not obligation, to conduct an investigation to determine if you are a felon or sex offender at any time and without first being required to provide notice of said investigation.
MEMBERSHIP OPTIONS. CV offers you a number of membership plans. You can compare plans on
. These plans are part of these Terms and Conditions and incorporated by reference. CV reserves the right to modify these plans at any time, but said modification shall only become effective upon providing you with 15 days written notice on the Site. Your continued use of the site shall act as an acknowledgement you have read and accepted the new plans.
PAID MEMBERSHIP. CV accepts payment for Premium Memberships solely through PayPal.com. You must have a PayPal.com account to obtain such a membership. Once payment is set up, you shall remain a Premium Member until such time as you cancel the payments via the PayPal.com site or we receive a failure of payment notification from PayPal after which your Premium Membership will terminate at the end of the then relevant term paid for by you.
Should you choose to terminate your Premium Membership, you must also access your PayPal account to terminate the automated payments made to us. We do not and cannot terminate the payments for you. Terminating payments from PayPal will not terminate or remove your account on the Site.
After the term of the Premium Mebership has been fulfilled, your account will revert back to a Basic membership.
MEMBER PROFILES. You are required to fill out a profile when subscribing to the site as a member. We require you to provide significant substantive information in your profile so that all members meaningfully participate in the Site. Profiles with little or no substantive information may result in a warning being sent to you or the account being terminated, without notice, in the sole discretion of CV. Should the account be associated with a paid membership,
no refund will be provided
ENTERTAINMENT PURPOSES. Information and content provided on the Site by CV or members is
intended for entertainment purposes only
. It should not be taken as professional advice and you should not rely upon it as such. If you are seeking specific advice regarding a situation, you should look to a licensed professional in your area specializing in the relevant field. We make no representations, promises, guarantees or warranties regarding information or content provided on the Site by us or members and disclaim all liability claims thereunder.
CV DISCRETION. CV reserves the right to review, alter, refuse to show, or delete any and all user generated content on the site in its sole discretion without being required to provide notice of such action or the reason for such action. User content includes, but is not limited to, biographies, descriptions, forum posts, and site internal mail.
INTRASITE COMMUNICATIONS. As a member of the Site, you are authorized to contact other members a certain number of times depending upon the type of membership selected. The specific messaging capabilities are detailed in the membership plan selected by the member and incorporated herein by reference. Spamming or sending commercial solicitations to other members of the site is strictly prohibited. We reserve the right, in our sole discretion, to limit or eliminate the ability of a member to send or receive intrasite communications via the Site. We further reserve the right to delete any intrasite communications sent via a membership that has been terminated for any reason including, but not limited to, previously made communications.
RELIANCE ON MEMBER STATEMENTS. Members of the Site may communicate with each other in a number of ways. Such communications may include, but not be limited to, offers, advice and opinions of the member undertaking the communication. Said communications represent the views of the member making them and are in no way endorsed or supported by CV in any manner. You agree CV is not responsible for any loss or damage you may incur from relying on said communications by other members.
NON-COMMERCIAL USE BY MEMBERS. As a member of the Site, you expressly agree to use the site for non-commercial purposes unless first obtaining permission from us. The collection of member data or attempts to contact other members with commercial offers is strictly forbidden and constitutes grounds for termination of your membership. If you wish to advertise on the Site or pursue a commercial communication with members, you must first contact us for permission. "Commercial use" includes, but is not limited to, seeking members for participation in media events such as television shows, documentaries, web exposes, magazine articles, or newspaper articles.
Academic Use — As a member of the Site, you expressly agree not to contact members for non-commercial academic purposes. You also agree not to solicit members for participation in studies or to gather specific or aggregate information from the Site or members participating in the community within the Site. You may, however, contact CV directly via the contact mechanism on the Site with non-commercial queries. CV will then evaluate, in its sole discretion, the query and provide a response.
DISPUTES BETWEEN MEMBERS. We may, but are not obligated to, monitor communications between members. Every member is solely responsible for the content they post on the Site. You acknowledge and expressly agree that any dispute between you and another member is strictly between the two of you. You hereby waive any right to pursue CV as a defendant in any legal proceedings and agree to indemnify CV as detailed in these Terms and Conditions.
TERM AND TERMINATION. These Terms and Conditions shall remain in full force and effect for so long as you remain a registered member with the Site. CV reserves the right to terminate you for violating these Terms and without cause at any time. We may, in our discretion, provide you with a reason for termination,
but shall not be required to do so
. Should you desire to terminate your membership, you should take the following steps:
Log in to your membership account. Look over the navigation for the section "Site Resources", followed by "Other Settings" and seek out the "Delete Your Account" link.
Once you confirm the deletion of your profile, your membership will be terminated. You may not reopen the account using either the same username or email address in the future. We will retain your account information and user content indefinitely unless required to remove it as a matter of law.
Your username and any content or communications you made prior to terminating your membership will remain on the site.
You must access your PayPal account to terminate the payments for your membership. CV cannot terminate the payments and will not refund any payments made.
Terminating your membership will not result in a refund of any partial payment made.
CV charges, depending on the payment schedule agreed upon, either monthly or every set number of months for paid memberships regardless of the percentage of the month you remain a member.
USER CONTENT. When you post User Content to the Site, certain legal issues must be addressed or CV cannot publish the User Content for other members to view pursuant to intellectual property right laws. Ownership and licensing under this Agreement shall be as follows:
You own any User Content you post to the Site.
By posting User Content to the Site, you do NOT transfer ownership to CV.
You grant CV a non-exclusive license to use the materials you post to the Site or Service.
This license shall grant CV the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content
only on the Site and in any marketing materials used to promote the Site.
You do not grant CV a license to use User Content on any other website or publishing medium with the exception of marketing materials that might be published by CV.
CV shall include CV as defined herein, its affiliates, officers, directors, employees, consultants, agents, legal counsel and representatives.
You will not be compensated for any User Content.
By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your username on the Site. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
is libelous, defamatory, obscene, pornographic, abusive, or threatening;
advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
advertises or otherwise solicits funds or is a solicitation for goods or services without first contacting us as detailed in these Terms and Conditions.
links to other accounts outside of the Site including, but not limited to, social media pages and personal websites with exception this information may be communicated in a direct communication to one other member in a private message, or
is considered personal information including, but not limited to, email addresses,
user names on other sites and/or social media outlets,
phone numbers, physical addresses, instant messenger and quick chat names, real or complete names and real or complete names of other members.
CV reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. CV intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
COPYRIGHT INFRINGEMENT. CV has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CV to delete, edit, or disable the material in question, you must provide CV with particular information related to the claim. Please visit our
DMCA Policy page
to file a complaint. CV's DMCA Policy is expressly incorporated into this Agreement by reference.
ALLEGED VIOLATIONS. CV reserves the right to terminate your use of the Service and/or the Site. To ensure that CV provides a high quality experience for you and for other users of the Site and the Service, you agree that CV or its representatives may access your account, records and user generated content on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. CV may disclose any investigation to third parties in its discretion or under legal compulsion. CV reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if CV believes that you have violated any of the Terms and Conditions, furnished CV with false or misleading information, or interfered with use of the Site or the Service by others.
NO WARRANTIES. CV HEREBY DISCLAIMS ALL WARRANTIES. CV IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CV EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CV DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. CV'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CV BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, BODILY INJURY, LOSS OF EARNINGS, MEDICAL BILLINGS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INTERACTIONS WITH INDIVIDUALS YOU MEET THROUGH THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED SITES. CV has no control over, and assume no liability for any third party websites or materials. CV works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because CV has no control over the content and performance of these partner and affiliate sites, CV makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and CV assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that CV makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
PROHIBITED USES. CV imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CV in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
PROHIBITED CONTENT. As a member of the Site, you may post content to your profile and certain sections of the Site as well as contact other members depending upon the type of membership you select. Content including, but not limited to, the following may not be posted, either directly or implied, to the Site or communicated to other members and will form the basis for the termination of your account. Whether a particular piece of content is considered prohibited content will be determined by CV in its sole discretion.
Web addresses, links, and/or URLs of any kind to where one must be a member to see content,
Links to social media sites,
User names to any offsite website
User names to any offsite quick chat / instant messenger service
Solicitations of passwords and/or usernames,
Solicitations for personal information,
Photographs of nudity,
Photographs of children,
Photographs of individuals without their consent,
Promotion of any criminal activity
Members may, however, send personal information [email addresses, etc.] to one another via PMM internal mail or the PMM's internal instant messenger system. Note; PMM (CV), per section 5 of this document, does not conduct background checks on any of its members, therefore use common sense when contacting other members. You understand and agree that CV LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives are not responsible for any members online or offline behavior.
PROHIBITED ACTIONS. Certain actions that shall be considered an automatic breach of this Agreement and shall result in the termination of a member account. CV shall be the sole party making the determination of whether a certain action constitutes a prohibited action. Prohibited actions shall include, but not be limited to, the following actions:
promoting criminal activities,
promoting tortuous activities,
promoting obscene material,
promoting violent conduct,
uploading any invasive software,
uploading child pornography,
Promoting crimes against children,
Soliciting members for gambling,
Advertising services without our consent,
Advertising products without our consent,
Promoting contests without our consent,
Promoting pyramid schemes,
Promoting false information, and
Providing misleading information.
We reserve the right to investigate any such prohibited actions and report them to law enforcement in our sole discretion.
BLOCKING VISITORS. CV reserves the right to, in its sole discretion, block any party from visiting the site via their IP address.
MODERATOR ACTIVITY. Certain elements of the site have moderators assigned to them. Moderators are often also members of the Site. Site in no way endorses any comments or actions taken by moderators when participating on the Site in their capacity as members, not moderators. You agree such content is user generated content as contemplated in, but not limited to, the Communications Decency Act. You further agree moderators act as independent contractors on the Site when moderating.
LINKING POLICY. Members may find links on the Site published by other members. We do not review the sites the links lead to nor do we endorse said sites and any products or services promoted on those sites in any manner. You agree CV will not be held directly or indirectly liable for any damage you suffer when visiting said sites and we shall not be considered a partner, agent or other legal affiliation of any such site.
INDEMNITY. You agree to indemnify CV for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless CV, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CV will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT. All contents of Site or Service, excluding user generated content, are: Copyright © 2012. ChronoViking, LLC, 11835 Carmel Mountain Rd., #1304-324, San Diego, CA 92128-4609. All rights reserved.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other Terms and Conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by CV or by any third party.
"PolyMatchMaker" is a registered trademark of ChronoViking, LLC.
MODIFICATIONS. CV may, in its sole discretion (a) amend these Terms and Conditions; (b) amend the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. CV shall post any amendment to these Terms and Conditions on the Site with a notification given to you, a member,
upon logging-in to your membership account
. You will have 15 days to agree to these terms by affirmatively marking a box indicating your agreement. You may choose to reject the amendments by refusing to undertake the review and agreement process. In doing so, your account will be closed and you should terminate any subscription payments made to CV via PayPal.
Please note we do not terminate the payments from PayPal.