Terms and Conditions of Use

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.

Accepting Terms of Use

MatchReach (collectively, "we", "us" or the "Company") would like to welcome you to the MatchQik.com dating service and community ("Services"). By accessing or using the LoveAndSeek.com website or any of our applications or widgets that may run on the websites of our partners (collectively, the "Website") or by registering for the Services, you are agreeing that you have read and understood these Terms and Conditions of Use and our Privacy Policy, which is hereby incorporated into these Terms and Conditions of Use (collectively, the "Agreement"), and that you are bound by the Agreement. Your acceptance of the Agreement is required for use of the Website and should you opt not to agree to the Agreement, you will not be authorized to access the Website or the Services. This Agreement may be amended at our sole discretion at any time. Changes to the Agreement will be available on our HTTP server at this website address and will be effective immediately upon posting. We will take reasonable actions to notify you of changes to the Agreement. Your continued use of the Website or the Services constitutes acceptance of all changes to the Agreement. It is the responsibility of each user to read, understand, adhere to and ensure that he or she is aware of and operating under the most current version of the Agreement. If you do not agree to be bound by this Agreement, do not use the Website or the Services.

Messages from Service

In the course of providing you the Services, we may need to communicate with you through various mechanisms (see our Privacy Policy to learn more about communications). You authorize us to send all notices, disclosures, records, agreements (including this one) and documents relating to the Services and your membership account (collectively, "Disclosures") electronically to your email address, or to post certain Disclosures which do not relate to your personal information online with notice to you, such as a hyperlink or online directions on where to retrieve the information. You agree to print a copy of any electronic Disclosures for your records.

You agree to promptly correct or keep current your email and regular mailing addresses by logging onto your membership account and changing it on your account information screen. Should you fail to do so, we are not responsible if you do not receive all Disclosures. To access Disclosures electronically and print copies for your records, you must have internet and e-mail access, as well as access to a printer. In the event that we choose not send Disclosures electronically, you agree that we may send Disclosures by U.S. mail to the post office mailing address provided by you.

You agree that during your subscription, we may deliver communications to you via email, instant messaging, cell phone voice and/or text, pager, and other electronic communications devices (i.e., personal computer). You agree to receive these messages when you register for the Services, provide your contact information through the Website and/or utilize the Services in any way. We require the ability to deliver Disclosures in order to operate the Services. You may discontinue receipt of all Disclosures only by terminating your membership account.

Eligibility

You must be at least eighteen (18) years of age and single or separated from your spouse to register for the Services. Membership in the Services is void where prohibited. By registering with the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement.

Membership and Subscription

Membership to the Services is subscription-based. When a member registers for the monthly subscription to the Services, we will automatically charge the member's account each month on the anniversary date of the initial billing for the duration of the service. If the member registers for a longer service period, at the conclusion of the longer service period, the member will be automatically renewed at a monthly rate (on the anniversary date of the initial billing). In all instances member will NOT be notified of the automatic billing charges prior to the charging of their account. This will occur until the member engages in the automatic renewal cancelation process as described in the HELP which is on the top right corner of each page on this website. Automatic renewal billing will continue without prior notification until member cancels automatic renewal of the Services.

Refund Policy

We have a NO REFUND POLICY regarding subscriptions to the Services. The cost or charges for Services and upgrades thereto are final and not refundable under any circumstances. Once a payment has been received, no refunds will be issued even if cancellation of your membership account occurs prior to the end of the payment period.

Term

The Services are effective until terminated by us, with or without cause, and at our sole discretion. Without limiting the foregoing, the Company may immediately terminate your use of or subscription to the Services in the event of the following: (a) breaches or violations of the Agreement or other agreements or guidelines incorporated herein or as may be posted on the Website, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Upon such termination, you will not be able to access or utilize the Services in any way. In such event, you agree not to gain or attempt to gain unauthorized access to Service and that we shall not be liable to you nor any third-party for any termination of your account or access to the Services.

Your Use of the Services - Non Commercial Endeavors Only

The Services are for the personal use of its individual members (registered subscribers) only and may not be used in connection with any commercial endeavors or for any business reason other than by us. Organizations, companies, and/or businesses may not become members and should not use the Services or this Website for any purpose. You may not engage in advertising to, or solicitation of, other members. This includes, but is not limited to, solicitation or advertising to buy or sell any products or services through the Services or to attend parties or other social functions or networking for commercial purposes. In order to protect our members from unauthorized advertising or solicitation, we reserve the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which we deem appropriate in our sole discretion. We reserve the right to review member messages containing content that are posted on the Website. Should violations of the Agreement become known to us, we may take appropriate remedial actions, which may include the immediate termination of the offending membership account, without notification and without refund to the offending subscriber.

In accessing the Website and/or using the Services, you agree not to:    

Account Security

You agree to select a user password ("User Password") that is unique and entirely different from your user name ("User Name") when registering for the Services. You agree not to use for your User Password personal information such as portions of your address, phone number, username, or your name or any simple words that might be guessed (we recommend you use a combination of letters and numbers to make it unique). You agree that you will never divulge or share your User Name or User Password with any third person or entity for any reason. You agree not to allow anyone else to access or use your membership account or provide them with your login information to do so. If you do so, we cannot protect your personal information in your membership account against compromise or theft. We advise you to not include any confidential information in your dating profile at any time. For more information, please see our Privacy Policy.

User Content & Licenses

You agree that the dating site profile you create through the Services, including without limitation its content and any photos, is not personal information and may appear on or be accessible to other users though other websites of third parties with whom the Company has a relationship, including without limitation other dating sites and social networks with whom we may have a relationship for the purpose of providing additional tools to subscribers. By subscribing to the Services and or logging into the Services, you agree to allow your dating site profile and it's content to appear on or be accessible through such other websites.

You are solely responsible for all content that you upload, publish, or display (collectively, "post") on or through the Website or Services or that you transmit to or share with other members or third parties via the Services (collectively, "User Content"). The Services merely provide a passive conduit for the distribution of your User Content. We reserve the right to remove your User Content if we believe that it may create liability for us. You shall not portray a picture of any person other than yourself in your dating profile. Should you violate any of this paragraph's terms or any terms of this Agreement, we reserve the right to investigate, review User Content, and take appropriate action which we determine necessary in our sole discretion, including without limitation, removing the offending User Content and terminating the membership of such violators.

You understand that by posting your User Content on the Website or through the Services, you are granting, and representing and warranting that you have the right to grant, to Company a worldwide, perpetual, non-exclusive, transferable, royalty-free right and license, sublicensable through multiple tiers of sublicensees, to use, copy, publicly perform, publicly display, translate, excerpt and distribute such User Content in any media now known or later developed for any purpose on or in connection with the Services, to prepare derivative works of such User Content. This license will terminate at the time you remove your User Content from the Website and Services, provided that we may retain archived copies of your User Content in accordance with our normal archiving procedures.

Member Service

We provide assistance and guidance through our member care representatives. When communicating with our member care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our member care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership account.

Blocking Members

In order to protect the integrity of the Services, we reserve the right, at any time in our sole discretion, to block current members, former members, or certain IP addresses from accessing the Website or the Services. We may also "freeze" any member account, for which we are investigating for fraud or illegal activities, or activities potentially violating the terms and conditions of this Agreement for any period we deem necessary. This will block any outgoing messages generated by the violating member.

Test Profiles

From time to time, we may need to create a small number of "Test" dating site profiles for the sole purpose of testing the functionality of our service and website processes to ensure service quality for our subscribers.

Foreign Languages

The Website and Services are accessible via the internet and therefore available throughout the world. We are not responsible for translation of languages, so we require all User Content to be posted in English. User Content in languages other than English may be deleted and repeated occurrence of foreign language posting may result in termination of the membership account.

Review and Monitoring

We take reasonable actions under the circumstances to review and monitor dating site profiles for subscriber compliance with the Agreement. Notwithstanding the foregoing, nothing contained in this section or in the Agreement obligates us in any way to continuously monitor transmissions of subscribing members. Such monitoring is not possible due to the large volume of such transmissions.

Reference to Membership Status

You agree not to indicate whether you have a paid or nonpaid status as a member in your personalized greeting messages (hereinafter, "greetings"). We will delete all such references and reserve the right to delete any portion of the greeting that we deem objectionable or adverse to our policies for any reason and in our sole discretion.

Restrictions On Use

Your use of the Website and Services shall be consistent with the public interest and must avoid all discourteous, negative, rude commentary or immoral conduct or practices. All users shall safeguard and promote the good reputation of the Company and its services. You shall make no disparaging, defamatory or negative statements about any individuals or entities using the Services Users shall not solicit, recruit or provide materials to solicit or recruit for any other entity or company or otherwise engage in conduct that is detrimental to the business interests of the Company.

Suggestions

You agree that if you submit to us any suggestions, ideas, or other improvements (hereinafter, "submissions") regarding the operation of the Website and/or the Services, your submissions shall be deemed to be the property of Company, and we shall be free to use your submissions for any purpose whatsoever, including but not limited to incorporating your submissions in our products or services without charge. You agree that your submissions will not violate or infringe the rights of any party, including privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. You hereby transfer and assign all right, title and interest, include copyrights and other proprietary rights, in and to any submissions to us.

Title and Ownership

The Website and Services, including but not limited to software, content, text, photographs, graphics, video, audio, and the compilation as a whole ("Site Content"), are proprietary to Company, our licensors or our users and are protected under U.S. copyright and other intellectual property laws. You agree not to modify, copy rent, lease, loan, sell, reproduce, display, distribute, or create derivative works based on the Services, the Website or the Site Content, in whole or in part, without our prior, written consent, except that the foregoing does not apply to your own User Content.

Provided you are eligible to use the Website and the Services, you are granted a personal, non-transferable, and non-exclusive right and license to access, use and display the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you are properly permitted access solely for your personal, non-commercial use and in accordance with the Agreement. You must abide by all copyright notices or restrictions contained on the Website or in the Services. Trademarks, service marks and logos owned by third parties remain the exclusive property of such third parties. You may not delete any attributions, legal or proprietary notices on the Website or in the Site Content or elsewhere. Title, ownership rights and intellectual property rights in and to the Website and the Services, including any software, shall remain vested in us, or in our suppliers and licensors as applicable. Except as expressly set forth herein, no other interest in or right to the Website and/or the Service is granted to you, whether by implication or otherwise.

DISCLAIMER OF WARRANTIES

YOU AGREE TO USE THE WEBSITE AND/OR THE SERVICES AT YOUR OWN RISK AND THAT WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE WEBSITE OR SERVICES OR INTERACTION WITH OTHER USERS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING WITHOUT LIMITATION LOSS OF DATA, INFORMATION OR MESSAGES. AS WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF INFORMATION TRANSMITTED OVER THE INTERNET, YOU SHOULD USE APPROPRIATE CAUTION IN COMMUNICATING CONFIDENTIAL INFORMATION THROUGH THE WEBSITE AND SERVICES. YOU ASSUME ALL RISKS IN USING THE WEBSITE AND SERVICES AND ACKNOWLEDGE THE ASSUMPTION OF ALL RISKS THEREIN, INCLUDING WITHOUT LIMITATION THE RISKS INHERENT IN MEETING WITH STRANGERS OR DATING INDIVIDUALS YOU CONTACT THROUGH A SERVICE.

WE DO NOT WARRANT THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (II) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, (III) THE INFORMATION OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OF ANY THIRD PARTIES OFFERED VIA THE WEBSITE OR SERVICES.

OTHER THAN EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, OR ACCURACY. THIS AGREEMENT DOES NOT GRANT YOU ANY GUARANTEE TO THE SERVICES AS REPRESENTED HEREIN OR WARRANT THE PERFORMANCE OF THOSE SERVICES IN ANY WAY. WE OBVIOUSLY DO NOT WARRANT THAT YOU WILL SUCCESSFULLY USE THE SERVICES TO MEET OTHER SINGLES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE INITIAL DATE OF DELIVERY OF THE SERVICES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, YOU AGREE THAT (I) IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ANY USE OR INABILITY TO USE THE WEBSITE OR SERVICES OR FROM BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY ACTION (WHETHER CONTRACT OR TORT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND, AND (II) IN NO EVENT WILL THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNTS YOU HAVE PAID TO US DURING THE TERM OF YOUR MEMBERSHIP IN THE SERVICES. YOU ACKNOWLEDGE THAT IF NO FEES HAVE BEEN PAID TO US BY YOU FOR THE SERVICES, THE COMPANY HAS NO LIABILITY TO YOU FOR ANY CAUSE ARISING UNDER THIS AGREEMENT.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY , ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR ASSIGNEES, AGENTS, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES FROM ANY AND ALL LIABILITIES, LOSS, CLAIMS, EXPENSES AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COSTS) ARISING IN ANY WAY OR RELATING TO (I) YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR SERVICES, (II) YOUR VIOLATION OF THE AGREEMENT OR OF ANY LAW OR RIGHTS OF ANY THIRD PARTY, OR (III) YOUR USER CONTENT OR OTHER MATERIAL YOU POST ON THE WEBSITE OR THROUGH THE SERVICES, INCLUDING IN EACH CASE ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.

Export Controls and Taxes

None of the products or underlying information or technology relating to Service may be exported or re-exported into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. In the event the Federal Acquisition Regulations ("FAR") or DFARS is applicable to this Agreement, Service is provided only with "Restricted Rights" as defined in Sec. 52.227- 19 or Sec. 252.227-7013(c)(1)(11), respectively, as applicable. We are not responsible for paying any sales or use tax imposed at any time whatsoever on the use or licensing of the Services or any other products.

Notices

You may contact us by writing or emailing us as follows: MatchReach,MatchQik.com 16411 Scientific Way, Suite 150 Irvine, California 92618 USA Email: Customer Service Department

Governing Law and Mandatory Arbitration

This Agreement is to be governed exclusively by California law, without applying its conflict of law provisions. YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF LOS ANGELES COUNTY, CALIFORNIA, FOR ANY AND ALL DISPUTES ARISING OUT OF THIS AGREEMENT OR RELATING IN ANY WAY TO THE WEBSITE OR SERVICES. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE WEBSITE OR SERVICES ("DISPUTES"), SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN LOS ANGELES, CALIFORNIA, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND OUR DISPUTE RESOLUTION POLICIES AND PROCEDURES, WHICH ARE INCORPORATED HEREIN AS IF IN FULL. The arbitrator shall not have the power to award any damages or remedies in excess of the limits set forth in or excluded under this Agreement.

Miscellaneous

The section titles are displayed for convenience only and have no legal effect. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

While online dating can lead to off-line friendships, you could be exposing yourself to a risk of physical harm. We advise you to be careful in your dealings with those you meet or correspond with through the Services. We cannot screen these individuals so we advise you not to proceed unless you are willing to assume all risks associated with meeting "strangers". You certainly need to proceed with caution. You would not give a stranger on the street your name, address or telephone number, so don't do it online. Protect yourself with the following common-sense guidelines.

Remain Anonymous

Don't give anyone your personal information including email address, phone number, address or place of work during early correspondence. Stop communicating with anyone who tries to pressure you into giving this information. Check with your Internet Service Provider ("ISP") and make sure that your account profile with the ISP does not give out more personal information than you are comfortable with. For added security you may also use email redirection services such as Bigfoot, Hotmail, MailZone, NetAddress, Netforward, etc.

Trust your Intuition

If you don't want to respond to someone, don't. It is often simply kinder not to respond to someone you immediately know is not your type. If you suspect someone is trying to lie to you, you are probably correct. Don't waste time trying to elicit the truth from them. Accept that they are dishonest and not likely to change. Drop correspondence.

Meeting

Do not reply to mean-spirited and nasty messages. Don't allow yourself to be pressured into meeting anyone. If you choose to meet someone whose company you enjoy online, meet in a public place and bring your friends. Plan a short initial meeting in a public setting and allow yourself to leave if you don't feel comfortable. If you start feeling unsure or uncomfortable about your meeting or date, politely extricate yourself from the situation. Excuse yourself and leave by the back door if necessary. We have no mechanism to and do not prescreen individuals who respond or place dating profiles, personal advertisements or any other material "online" through the Services.

THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELATING TO USE OF THE WEBSITE AND THE SERVICES AND SUPERCEDES ANY PRIOR AGREEMENTS BETWEEN YOU AND USE REGARDING YOUR USE OF THE WEBSITE OR THE SERVICES..

This Agreement was last updated on January 20, 2009.

Copyright © 2009 MatchReach L.L.C. All rights reserved.