Welcome to Matchmaking Kids.com,
the website that lets you help family and friends get
connected. Matchmaking Kids, Inc., a California
corporation (“Matchmaking Kids”) currently
provides Internet dating services (“Services”)
at MatchmakingMoms.com, MatchmakingFriends.com and MatchmakingKids.com
(collectively, the “Websites”). By using the
Websites, you agree that you are bound by the terms of
this Terms of Use Agreement (the “Agreement”),
regardless of whether or not you create and maintain a
profile (“Profile”) or participate on the
Websites. Browsing, joining and/or posting a Profile on
the Websites constitutes usage (hereinafter, (“Participation”)
and is governed by this Agreement. This Agreement contains
the legally binding terms regarding your use of the Websites,
which may be modified by Matchmaking Kids, at any time
and which will be effective upon its posting by Matchmaking Kids on the Websites.
Your Participation in the Websites and Services (and your
use of other sites operated or services provided by Matchmaking Kids) following this notification constitutes your
acceptance of this Agreement, as well as the terms and
conditions contained in the updated Privacy
Policy. The use of information provided by you through
the Websites is governed by the Privacy Policy. If you
do not want the information that you have provided to
us in the past used in the ways described in the Privacy
Policy, please send an email to info@matchmakingkids.com.
YOUR PARTICIPATION ON THE WEBSITES INDICATES
YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND YOUR
ACCEPTANCE OF THEM.
Please read this Agreement carefully. If you disagree
with anything in this Agreement, please do not use this
or any of the Websites. If you have any questions regarding
this Agreement, please contact us at info@matchmakingkids.com.
ELIGIBILITY
YOU MUST BE AN INDIVIDUAL
WHO IS AT LEAST EIGHTEEN (18) YEARS OLD TO PARTICIPATE
ON THE WEBSITES.
Organizations, companies or other businesses may not participate
on the Websites for any purpose. You represent and warrant
that your use and access of the Websites does not violate
any law of your state, province or nation. You further
represent that by participating on the Websites you have
the authority, right, and capacity to enter into this
Agreement and to abide by all of its terms and conditions.
Further, you represent and warrant to Matchmaking Kids
that you are not acting as an agent or attorney for any
other person, including any government or governmental
agency or branch. Matchmaking Kids may terminate any
Profile created by you without notice upon any violation
of these eligibility requirements and/or the Rules Regarding
Content Posted, below.
Matchmaking Kids reserves the right to refuse service
to anyone.
TERM
You may Participate on the Websites in compliance with
this Agreement until terminated by you or by Matchmaking Kids. If you wish to terminate your account you may
do so at any time, with or without cause, by logging into
“My Account”, choosing “Subscription”
and then choosing “End My Subscription”. Similarly,
Matchmaking Kids may terminate your account at any
time, with or without cause; such termination to be effective
upon sending you notice at the email address provided
by you during the registration process, or such other
email addresses as you may later provide to Matchmaking Kids. In the event that Matchmaking Kids terminates
this Agreement due to a breach by you of its terms, you
will not be eligible to receive any refund of your registration
fees or other fees paid. Certain provisions of this Agreement
will survive termination, including but not limited to
the sections entitled, “Copyright,” “Prohibited
Content,” “Privacy,” “Disclaimers,”
“Limitation on Liability,” and “Indemnity.”
NO MODERATION; CARE IN GIVING
INFORMATION.
The Websites and Services are not moderated. You agree
that your Participation in the Websites and the Services
is of your free will and for your own personal entertainment.
The Websites and Services should not be used by emergency
personnel for any communication. The Websites and Services
may not be used to post, promote, exchange or solicit
any Prohibited Content (outlined in Rules Regarding Content
Posted, below). We strongly discourage individual Participants
from giving out financial, personal or other information
that would enable someone to locate your home, place of
business or current location while using any of the Services.
Disbursement of this kind of information while using Website
Services is solely at the Participant’s own risk.
COMMERCIAL
USE PROHIBITED
Matchmaking Kids intends that the Websites are for
the personal use of individual Participants and the Websites
shall not be used by any entity or individual with respect
to any commercial business or other commercial nature.
Participants may not solicit, advertise, offer products
or services or request financial support via any posting
or Profile on the Websites.
COPYRIGHT
All proprietary rights, including all trademarks, copyright,
trade dress, patents and other intellectual property rights
in the Websites and Services are owned and retained by
Matchmaking Kids. You may not post, distribute, or
reproduce in any way any copyrighted material, trademark,
or other proprietary information without obtaining the
prior written consent of Matchmaking Kids. You may
not upload, post to, or otherwise transmit any content
that infringes upon any patent, trademark, trade secret,
copyright or proprietary right of any party.
TRADEMARKS
The trademarks, service marks and logos
used in the Websites and in the Services, including without
limitation Matchmaking Kids, Matchmaking Kids and
Matchmaking Kids (collectively, the “Trademarks”)
are trademarks or registered trademarks of Matchmaking Kids. Any unauthorized use of the Trademarks is strictly
prohibited. You may not display or use the Trademarks
for any purpose without the written permission of the
Trademark owner.
RULES
REGARDING CONTENT POSTED ON WEBSITES:
Your Participation and/or continued Participation on the
Websites is contingent upon your agreement to the following:
YOU UNDERSTAND AND AGREE THAT ALL PHOTOS
SUBMITTED BY WEBSITE PARTICIPANTS WILL BE SCREENED BY
Matchmaking Kids. ALL PHOTOS MAY BE BLOCKED FOR ANY
REASON AND WITHOUT NOTICE OR REFUND IF THE PHOTOS FAIL
TO MEET THESE TERMS OF USE.
Matchmaking Kids’ right to remove Content. You
understand and agree that Matchmaking Kids may without
prior warning to you review and delete any content including
but not limited to messages, images, photographs or Profiles
(collectively “Content”), which Matchmaking Kids determines, in its sole discretion, to be in violation
of this Agreement or that it determines may be illegal,
harmful, offensive, or violates the rights of other Participants
or harms or threatens to harm the safety of other Participants.
• Responsibility for Content Posted by You
and Grant of License. All Content that you publish or
display (referred to herein as “Post” or “Posting”)
on the Websites or communicate to other Participants or
third parties is your sole responsibility. You represent
and warrant that by Posting Content to the Websites, that
you grant, and have the right to grant, Matchmaking Kids
an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display and distribute
such Content and that Matchmaking Kids may prepare
any derivative work of or incorporate into other work,
such Content, and that you grant to Matchmaking Kids
and authorize sublicenses of the foregoing.
• Prohibited Content. We have listed below some,
but not all, of the kind of Content that is illegal and/or
prohibited from the Websites. If Matchmaking Kids determines,
through its own investigation or otherwise, that a Participant
has violated these provisions, Matchmaking Kids reserves
the right to take any action it deems necessary against
the offending party, including without limitation removing
the offending communication from the Websites and terminating
the offending party’s Participation:
o
Violation of laws. Content that violates any
applicable local, state, national or international law
or any regulation having the force of law is illegal and
prohibited. Specifically, Participants are responsible
for ensuring that uploaded Content does not contravene
any criminal law relating to obscenity, pornography or
child pornography.
o Sexual acts. Content
depicting any sexual act with any object or life form
is illegal and prohibited.
o Images of
minor persons. Content depicting any person’s
image, in whole or in part who is under the age of eighteen
(18) years old, is illegal and prohibited.
o
Impersonations. Content posted by a Participant
that depicts images of a person other than the person
being profiled, whether such Content is an impersonation
or otherwise falsely represents the person being profiled
or the Participant’s affiliation with any person
or entity, is illegal and prohibited.
o
Harassment. The use of the Websites to threaten,
engage in or advocate the harassment of any individual
or group (verbally or electronically) is illegal and prohibited.
o Hate Speech. Matchmaking Kids will not tolerate hate speech toward any person
or group in the form of ethnic slurs, personal insults
or obscene language. Inflammatory discussion relating
to controversial topics, such as politics or religion,
will not be tolerated and is strictly prohibited.
o Harm to Minors. Causing harm to
minors in any way including, but not limited to, by establishing
unlawful contact with and/or soliciting information from
persons under the age of eighteen (18) years old, whether
on or off of the Websites, is illegal and prohibited.
o Promotion of Illegal Conduct.
Content that promotes or provides instruction or information
about how to engage in illegal conduct, commit illegal
activities or promote physical harm or injury to you or
to another person or animal is illegal and prohibited.
o Promotion of False Information.
The promotion of Content that is defamatory or libelous,
false or misleading is illegal and strictly prohibited.
o Transmission of Spam. The transmission
of junk email, junk mail, chain letters, unsolicited mass
mailing or “spamming” is prohibited.
o Transmission of Copyrighted Material. The
publication or Posting of any unauthorized or illegal
copy of a third-party’s copyrighted work, including,
but not limited to, computer files or programs, photographs,
written text, pictures, pirated files, URL links, information
to circumvent manufacturer-installed copy-protect devices
or providing pirated music or links to pirated music is
illegal and prohibited. Downloading Content for the sole
purpose of reposting it to another media, including the
reposting of Content stored within a local browser cache,
is illegal and prohibited; the IP address of the offending
Participant may be forwarded to the Federal Bureau of
Investigation (FBI) in Matchmaking Kids’ sole
discretion.
o Solicitation of Personal
Information. The solicitation from other Participants
of personal information, including passwords or other
identifying information, for commercial or unlawful purposes
is prohibited.
o Commercial Activities.
The use of the Websites for commercial activities
and/or sales such as contests, sweepstakes, barter, advertising
and pyramid schemes, without prior written consent from
Matchmaking Kids, is prohibited.
PROFILES
By posting a Profile, YOU REPRESENT AND WARRANT
THAT THE PERSON DEPICTED IN THE PROFILE IS OVER THE AGE
OF EIGHTEEN (18)YEARS OLD AND THAT YOU WILL NOT DEPICT
ANY PERSON AS BEING UNDER THE AGE OF EIGHTEEN (18) YEARS
OLD. You understand that photos or other Content
Posted to a Profile: are accessible to other participants
who have registered with Matchmaking Kids, but are
not accessible by the general public; may be copied by
unscrupulous users via standard browser tools; and, may
be distributed without your knowledge or consent—all
of which are beyond the control of Matchmaking Kids.
In addition, any email address Posted to your Profile
may become publicly available and may subject you to unsolicited
email and/or Spam, some of which may originate from a
virus-infected computer, without your consent. Matchmaking Kids strongly suggests that you use a self-updating
virus check software package running on your computer
to protect against computer viruses. Please note: although
a virus-infected email may indicate that it is “from”
and “to” one of the Websites, if you check
the Email header, you will likely find that the Email
in question did not originate from Matchmaking Kids’
mail server IP address, but rather, from another computer
that is virus-infected.
Individual Profiles may be locked out without notice if
the Profile: • Contains art work, cartoons,
altered or non-photographic images; • Violates
any Term of Usage herein; • Contains any photo
of an individual younger than eighteen (18) years of age;
• Depicts a sexual act, regardless of what is having
sex in the image or is sexually suggestive in nature;
• Shows any legal or illegal use of drugs, displays
of firearms or depicts violent acts to oneself, to (an)other
person(s), or to (an) animal(s); • Contains
any non-original photo scan, including photos indicating
enhanced filter affect, alteration, modification, colorization,
recropping or resizing of images; • Failure
to continuously maintain a valid, functional Email address
on a Profile; • Failure to maintain current
basic Profile information, including town/city, state/province,
country, height, weight and/or age; • Request
to delete or remove a Profile from the Websites; •
Profile with an inoperable or blocked Email address;
• Profile set inactive for more than six (6) months;
or • Determination by Matchmaking Kids, in
its sole discretion, to void and remove the Profile.
We caution Participants who may Post URL links on the
Websites to other sites, to read all terms of usage documents
pertaining to any linked website or Internet ISP. In addition,
any link to any adult content sites is prohibited.
You may report a Profile that you feel needs further attention
to the Content shown. To do so, click on the “Report
an issue with this Profile?” button located at the
bottom of the Profile page and then enter your comments
as to why you feel the Profile should be reviewed by Matchmaking Kids.
ACCURACY
OF PROFILES
Matchmaking Kids does not attest to the accuracy of
any information contained within a Profile and the Participant
understands that he or she is solely responsible for verifying
all information contained within a Profile and assumes
all risk associated with contacting Participants or other
individuals depicted in a Profile. However, upon posting
a Profile, Matchmaking Kids will notify by the email
the person depicted in the Profile to inform him or her
that a Profile has been created and invite him or her
to review it for accuracy. This is not intended to be
a voucher for or an endorsement of the person depicted
in a Profile regarding his or her personality, financial
status, motives, personal agenda or mental state.
PROFILE DISPUTES
Where any Profile data or Content is suggested by any
party to be false or owned by another party, Matchmaking Kids will attempt to resolve the dispute. Participants
agree to provide additional information as may be reasonably
requested by Matchmaking Kids to assist with the resolution
of any dispute. If Matchmaking Kids cannot, in its
sole discretion, resolve the dispute to its satisfaction,
it will terminate the Participation of all parties involved
in the dispute.
PARTICIPANT
DISPUTES
Matchmaking Kids reserves the right, but has no obligation,
to monitor and/or mediate disputes between you and other
Participants. Please be advised that you are solely responsible
for your own interactions with other Participants and
Matchmaking Kids shall not be responsible in the event
of any disputes between Participants.
PRIVACY
Use of the Websites and Services is also governed by the
Privacy Policy [link here].
DISCLAIMERS
Content. While NOT ALL PROFILE CONTENT, INCLUDING TEXT
OR URL LINKS HAS BEEN REVIEWED BY Matchmaking Kids,
for compliance with this Agreement, we reserve the right
to do so. Pursuant to this Agreement, however, Matchmaking Kids WILL SCREEN ALL PHOTOS SUBMITTED PRIOR TO POSTING.
Regardless of whether Matchmaking Kids has reviewed
any particular Content, you understand that CONTENT PRESENTED
ON THIS WEBSITE HAS NOT BEEN VERIFIED AS TRUE. Matchmaking Kids shall not be responsible for any inaccurate or
incorrect Content that is Posted to the Websites or in
connection with the Services, regardless of whether such
Posting is the result of actions by the Participants or
as a result of any of the technology associated with or
utilized in the Websites or in the Services. Matchmaking Kids shall not be responsible for the conduct, online
or offline, of any individual Participant or other user
of the Websites or of the Services.
Technical Problem and Downloads. In the event of any error,
interruption, deletion, omission, defect, delay in operation
or transmission, communications line failure, theft, destruction
or unauthorized access to or alteration of any Profile
or communication, by email or otherwise, of any Participant,
Matchmaking Kids shall have no responsibility or liability.
Matchmaking Kids shall not be responsible for any problems
a Participant may experience regarding any telephone network
or line, online computer system, server or provider, ISP,
the computer equipment or software used by a Participant,
failure of email due to technical problems or traffic
congestion on the Internet, the Websites or at any website
or combination thereof, including damage to a Participant’s
or to other person’s computer related to or resulting
from participating or downloading materials in connection
with the Web and/or in connection with the Websites and
the Services.
Advertising. Matchmaking Kids makes no claims, warranties
or guarantees of any of the products or services offered
by an advertisement on the Websites; purchases or services
purchased from any Website advertiser are between the
Website visitor and the advertising company. Comments
contained in Profiles are solely the opinion of the individual
Profile holder and do not represent the opinions of Matchmaking Kids.
Participant Action. Any web link, URL, graphic or text
that causes a Participant to leave the Websites is beyond
the control of Matchmaking Kids and Matchmaking Kids
is not responsible for third-party website content. Matchmaking Kids is not responsible for the conduct, whether online
or offline, of any Participant of this or any of the Websites.
Matchmaking Kids DOES NOT CONDUCT FELONY OR SEXUAL
OFFENSE BACKGROUND CHECKS ON ITS PARTICIPANTS.
Under no circumstance will Matchmaking Kids be responsible
for any loss or damage, including personal injury or death,
resulting from the use of the Websites or any interactions
between Participants of the Websites, whether online or
offline.
THE WEBSITES ARE PROVIDED ON
AN “AS-IS” AND “AS-AVAILABLE”
BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED
OR STATUTORY. Matchmaking Kids EXPRESSLY DISCLAIMS
ANY WARRANTY INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES REGARDING
SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS,
RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY
OR ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
THROUGH YOUR PARTICIPATION ON THE WEBSITES. FURTHER, Matchmaking Kids DOES NOT WARRANT THAT THE SERVICES WILL SATISFY
YOUR REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR OR THAT
THEIR OPERATION WILL BE UNINTERRUPTED.
LIMITATION ON LIABILITY
Matchmaking Kids WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES
FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, EVEN IF Matchmaking Kids HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Matchmaking Kids’
TOTAL CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO
THE AMOUNT YOU HAVE PAID FOR REGISTRATION FEES IN THE
PRIOR 12 MONTHS TO Matchmaking Kids TO USE THE SERVICES
ON THE WEBSITES. Matchmaking Kids IS NOT RESPONSIBLE
FOR LOST PROFIT OR REVENUE, LOSS OF USE, LOSS OF DATA,
COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE
EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY.
JURISDICTIONAL ISSUES
The Websites are controlled and operated by Matchmaking Kids through its corporate headquarters within the
State of California and this Agreement will be governed
by, construed and enforced in accordance with the laws
of the State of California, as it is applied to agreements
entered into and to be performed entirely within such
State. You agree that any legal action or proceeding between
Matchmaking Kids and you for any purpose concerning
the Websites or the parties' obligations hereunder must
be brought exclusively in the U.S. District Court for
the Northern District of California or a state court of
competent jurisdiction sitting in the City and County
of San Francisco, State of California. Venue shall be
in San Francisco, California.
INDEMNITY
Each time you enter the Websites you agree to indemnify
and hold Matchmaking Kids, its subsidiaries, affiliates,
officers, directors, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including
reasonable attorneys’ fees, made by any third party
due to or arising out of your Participation in the Websites
and/or arising from a breach of these Terms of Use and/or
any breach of your representations set forth herein. You
further agree that your choice to communicate with or
to meet in person with any individual based on information
obtained from the Websites, is done so on your own behalf
and that you hold harmless Matchmaking Kids, its subsidiaries,
affiliates, officers, agents and other partners and employees,
from any loss, liability, claim or demand, including reasonable
attorney’s fees, made by any third party due to
your actions.
INTERNATIONAL
USE AND U.S. EXPORT CONTROLS
The Websites will not be considered a solicitation for
or offering of any product or Service to any person in
any jurisdiction where such solicitation or offering would
be illegal. Software from the Websites is subject to the
United States export controls. No software may be downloaded
from the Website or otherwise exported or re-exported
(1) into (or to a national or resident of) Cuba, Iran,
Libya, North Korea, Iran, Syria or any other Country to
which the U.S. has embargoed goods; or (2) to anyone on
the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s
Table of Deny Orders. By downloading or using the software,
you represent and warrant that you are not located in,
under the control of, or a national or resident of any
such country or any such list.
THIRD-PARTY SITES
Matchmaking Kids makes no representations, warranties
or endorsements with respect to any non-Matchmaking Kids website which may be accessed from the Websites.
When you access a non-Matchmaking Kids website, please
understand that Matchmaking Kids has no control over
the content or information at that site. It is your
responsibility to protect your system from such items
as viruses, worms, Trojan horses and other destructive
items.
MODIFICATION OF TERMS OF
USE
Matchmaking Kids may change this Agreement from time
to time. If any such changes materially and adversely
affect the use of your information, Matchmaking Kids
will generally refer to such changes on the Website
for a period of time, although our failure to do so
will not affect the applicability of such changes. Accordingly,
Matchmaking Kids recommends that you check back to
review these policies from time to time, particularly
if you have not visited the Website for some time. This
Agreement is also subject to our Privacy Policy, which
are incorporated herein by reference, and Matchmaking Kids also recommends that you review those from time
to time.
MISCELLANEOUS
No waiver of any breach of any provision of these terms
of use will constitute a waiver of any prior, concurrent,
or subsequent breach of the same or other provisions.
All waivers must be in writing. If any court of competent
jurisdiction finds any part or provision of these terms
of use or of this Agreement to be invalid or unenforceable,
such findings will have no effect on any other part
or provision of these terms of use or of this Agreement.
Any action against Matchmaking Kids, its officers,
directors, employees, agents, licensors, suppliers and
any third party providers of information or services
to the Website must be brought within six (6) months
after the cause of action arises. Matchmaking Kids
is not responsible for delay or failure to perform due
to causes beyond its reasonable control.
This Agreement constitutes the entire agreement between
you and Matchmaking Kids with respect to your use
of Services and the Websites. Please check this Agreement
each time you log into use the Website, as Matchmaking Kids reserves the right to make changes from time
to time.
In the event that any suit or other legal proceeding
is brought for the purpose of enforcing the Agreement
or otherwise in connection with the Agreement, in addition
to whatever other remedies the prevailing party in such
suit or legal proceeding might by entitled, such prevailing
party shall be entitled to reasonable attorneys' fees
and expenses, including those incurred in preparation
for any hearing, motion, or trial.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE
RESERVED BY Matchmaking Kids.
This Agreement, is deemed accepted upon your access
to the Websites and further affirmed by your Participation
therein and contains the entire Agreement between you
and Matchmaking Kids regarding the use of the Websites
and the Services. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall
continue in full force and effect.
