This online matrimonial service is a way for
adults, who wish to remarry, to seek each other for a matrimonial relationship (the
"Service"). The Service is provided by the owner of this web domain (Probosys LC).
This legal agreement is made between You and Us
("Agreement"). This Agreement applies to all of Our sites that are
offering the Service. Please read this Agreement carefully before registering
for the Service. By registering for the Service, You become a member (a
"Member"), and You agree to be bound by the terms and conditions of
this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR
THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE
SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH
NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT
VERSION OF THIS AGREEEMENT ON THE SERVICE.
In this Agreement the following words have the
following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these
terms and conditions for the provision of the Service, as amended from time to
time in accordance with the terms and conditions set forth herein;
We, Us, Our" means the Service; and
"You, Your, Yourself" means the person who registers for the Service, accepts the
terms and conditions of this Agreement and whose application for membership of
the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least
18 years old (women) and 21 years old (men). By using this Web site, You
represent and warrant that You have the right, authority and capacity to enter
into this Agreement and to abide by the terms and conditions of this Agreement.
Your membership for the Service is for Your sole, personal use. You may not
authorize others to use Your membership and You may not assign or otherwise
transfer Your account to any other person or entity.
The minimum age for registering is 18 years for women and 21 years
for men.
The marriage seeker offers full consent to their
marriage.
A court delivered legal certificate of separation,
in case of divorcees
Eligible to enter into a contract
REGISTRATION AND SUBSCRIPTION:
Although You may register as a Member of the Service for free, if You wish to
use the Service to initiate most communication with other members and use
certain other parts of the Service, You must become a subscriber and pay the
fees that are set out. This price list is part of this Agreement And We reserve
the right, at any time, to change any fees or charges for using the Service. To
become a Member, You must register for the Service. When and if You register to
become a Member, You agree to provide accurate, current and complete
information about Yourself as prompted by Our registration form
("Registration Data"), and to maintain and update Your information to
keep it accurate, current and complete. You agree that We may rely on Your
Registration Data as accurate, current and complete. You acknowledge that if
Your Registration Data is untrue, inaccurate, not current or incomplete in any
respect, We reserve the right to terminate this Agreement and Your use of the
Service and, in such event, You shall not be entitled to a refund of any unused
subscription fees.
TERM AND TERMINATION: This
Agreement will remain in full force and effect while You use the Service and/or
are a Member. You may terminate your membership at any time, for any reason by
following the instructions on the Member Services page of the Service, or upon
receipt by Us of Your written or email notice of termination. Either You or We
may terminate your membership by removing your profile, at any time, for any
reason, with or without explanation, effective upon sending written or email
notice to the other party. Upon such termination by Us without cause, We shall
refund, pro rata, any unused portion of any subscription payments that We have
received from You. In the event that (a) You terminate your subscription
or membership or (b) We determine, in our sole discretion, that You have
violated this Agreement. You shall not be entitled to nor shall We be liable to
You for any refund of any unused portion of any subscription payments the We
have received from You, and We may continue to bar Your use of the Service in
the future. Even after membership is terminated, this Agreement will remain in
effect.
Any kind of refund to membership funds paid will
not be entertained. Any part of the Membership due once paid will not be refunded.
PROPRIETARY RIGHTS: You represent and warrant to Us that the information posted
in Your profile including Your photograph are posted by You and that You are
the exclusive author of Your profile and the exclusive owner of Your
photographs. You assign to Us, with full title guarantee, all copyright in Your
profile and your photographs posted, at any time, in connection with Your use
of the Service. You waive absolutely any and all moral rights to be identified
as author of Your profile and owner of Your photograph and any similar rights
in any jurisdiction in the world. In addition, other Members may post
copyrighted information, which has copyright protection, whether or not it is
identified as copyrighted. Except for that information which is in the public
domain or for which You have been given express written permission, You will
not copy, modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information. By posting information, photographs or content on
any Service, You automatically grant, and You represent and warrant that You
have the right to grant, to Us and other members, free of charge, an
irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide
license to use, copy, perform, display, promote, publish and distribute such
information, content and photographs and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and
authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner
consistent with any and all applicable laws and regulations. You will not
include in Your profile any telephone numbers, street addresses, last names,
URL's or email addresses, other than where You are specifically asked for such
information in the Confidential Personal Information section of the Service.
You will not engage in advertising to, or solicitation of, other members to buy
or sell any products or services through the Service. You will not transmit any
chain letters or junk email to other members. You are solely responsible for
Your interactions with other members. We reserve the right, but have no
obligation, to monitor and/or mediate disputes between You and other members.
(2) You are solely responsible for the content or
information You publish or display (hereinafter, "post") on the
Service, or transmit to other members. You will not post on the Service, or
transmit to other members or to Us or Our employees, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any
material that infringes or violates another party's rights (including, but not
limited to, intellectual property rights, and rights of privacy and publicity).
You will not include in Your profile any offensive anatomical or sexual
references, or offensive sexually suggestive or connotative language, and You
will not post any photos containing nudity or personal information. We reserve
the right, but We have no obligation, to reject any profile or photo that does
not comply with the prohibitions set forth in this section and, to the extent
that We determine, in Our sole discretion, to do so, You shall not be entitled
to a refund of any unused subscription payments that We have received from You.
(3) Email communications sent from Us or through
Us are designed to make your online personals experience enjoyable. By becoming
a member, You specifically agree to accept and consent to receiving email
communications initiated from Us or through Us including, without limitation:
message notification emails, Your Match emails, emails informing you about
events and parties We organize, emails informing You of promotions We run and
emails informing You of changes to the Service. Should You not wish to receive
any of Our email communications, please do not register with Us for the
Service.
(4) You agree that We have no responsibility or
liability for the deletion, corruption or failure to store any messages or
other content maintained or transmitted by Our Service. You acknowledge that
features, parameters or other services We provide may change at any time. You
acknowledge that We reserve the right to sign out, terminate, delete or purge
Your account from the Service if it is inactive. "Inactive" means
that you have not signed in to the Service for a particular period of time, as
determined by Us, in Our sole discretion (currently, we consider an account to
be Inactive after 12 months).
(5) Our customer service employees are here to
make your online experience enjoyable by providing assistance and guidance to
You. When speaking to Our customer service employees on the phone or
communicating with them by any other means, You undertake not to be abusive, obscene,
profane, offensive, sexually oriented, threatening, harassing or racially
offensive. Should any of Our customer service employees feel, at any given
point, threatened or offended by Your conduct, We reserve the right to
immediately terminate Your membership and You shall not be entitled to the
refund of any subscription payments We have received from You.
We are entitled to investigate and terminate Your
membership if You have misused the Service, or behaved in a way which could be
regarded as inappropriate, unlawful or illegal. The following is a partial, but
not exhaustive, list of the types of actions that are illegal or prohibited
under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by
Us, without Our specific prior written consent.
(d) You will not use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data
mine," or, in any way reproduce or circumvent the navigational structure
or presentation of the Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or
networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material that contains
software viruses 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.
(i) You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the
Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any
reference to Us or the Service or the site connected to the Service in order to
direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or any
software used on or for the Service or cause or enable others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers,
directors, employees, agents and third parties harmless, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or
arising out of Your use of the Service, including:
(I) Your breach of this Agreement; (II) any
allegation that any materials that You submit to Us or transmit to the Service
infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or (III) Your
activities in connection with the Service. This indemnity shall be applicable
without regard to the negligence of any party, including any indemnified
person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information
or content made available through the Service, but not directly by Us, are
those of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE
NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN
US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM
ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR
TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION,
TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL
HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION,
VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING
THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU
POST IN THE PUBLIC AREAS OF THE SERVICE AND IN
YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND
OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE
TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are
and shall be owned by Us, absolutely. Those rights include, but are not
limited to, database rights, copyright, design rights (whether registered or
unregistered), trademarks (whether registered or unregistered) and other
similar rights, wherever existing in the world, together with the right to
apply for protection of the same. All other trademarks, logos, service marks,
company or product names set forth in Service are the property of their
respective owners.
PRIVACY: The personal information (including sensitive personal
information) You provide to Us will be stored on computers. You consent to Our
using this information to build up a profile of interests, preferences and
browsing patterns and to allow You to participate in the Service. You also
agree to read, review, comply with, uphold and maintain Our terms and
conditions thereof. If you are located outside of the United States, please note
that the information that you provide is being sent to the United States. By
becoming a member of the Service, you consent to your data being sent to the
United States and to such other third parties and jurisdictions as may be
involved in the provision and operation of the Service...
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND
GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH
OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE
SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL
BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO
WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND
AVAILABILITY.
Although each member must agree to Our terms and
conditions, We cannot guarantee that each member is at least the required
minimum age, nor do we accept responsibility or liability for any content,
communication or other use or access of the Service by persons under the age of
18 in violation of this Agreement. Also, it is possible that other members or
users (including unauthorized users, or "hackers") may post or
transmit offensive or obscene materials on the Service and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
remotely possible for others to obtain personal information about You due to
Your use of the Service, and that the recipient may use such information to
harass or injure You. We are not responsible for the use of any personal
information that You disclose on the Service. Please carefully select the type
of information that You post on the Service or release to others. WE DISCLAIM ALL
LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER
MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS
OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE
DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING
TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES,
DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF
THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF
COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS
INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION,
PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, You should
first contact Our customer service department by clicking: feeback.
DISPUTE RESOLUTION: You agree to
personal jurisdiction by and venue in the state and federal courts of the country of jurisdiction. This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.