This service is for adults only (you
must be at least 18 years old). The
Over35Match.com is a way for adults to
meet and socialize online.
This is a legal agreement ("Agreement")
between you and Over35Match.com. Please
read the Agreement carefully before
registering. By registering for
Over35Match.com, you become a member of
the Service (a "Member"), and you agree
to be bound by the terms and conditions
of this Agreement (the "Terms") for as
long as you continue to be a Member. If
you do not agree to the Terms, you are
not permitted to use the Over35Match.com
service.
The Terms are subject to change at any
time, without notice, effective upon
posting of a link to same on our website
(www.Over35Match.com). Minors (under 18
years old) may not become members. When
you register, and from time to time
thereafter, Over35Match.com will require
that you provide sufficient information
to indicate that you are at least 18
years old. By becoming a Member, you
represent and warrant that you are at
least 18 years old.
Either you or Over35Match.com may
terminate your membership at anytime,
for any reason. Over35Match.com reserves
the right to immediately suspend or
terminate your access to the site,
without notice, upon any breach of this
Agreement by you.
Your membership in the Over35Match.com
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.
Online/Mobile Conduct
As a Member, you agree that:
You are solely responsible for the
content or information you publish or
display (hereinafter, "post") on the
Over35Match.com service, or transmit to
other Over35Match.com Members.
You will NOT post, or transmit to other
members or 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 use the Over35Match.com 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, E-mail addresses,
offensive anatomical or sexual
references, or offensive sexually
suggestive or connotative language and
you will not post any photos containing
nudity or personal information.
Over35Match.com reserves the right, but
has no obligation, to reject any profile
or photo that does not comply with these
prohibitions.
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 E-mail to other
Over35Match.com members.
You will not solicit other members'
personal contact information and will
not disclose your personal contact
information (including personal email
addresses) until you have established a
relationship using the communication
tools provided within the site.
You will not post, distribute or
reproduce in any way any copyrighted
material, trademarks, or other
proprietary information without
obtaining the prior written consent of
the owner of such proprietary rights.
You are solely responsible for your
interactions with other Over35Match.com
members. We reserve the right, but have
no obligation, to monitor disputes
between you and other members. Any
infraction may lead to legal remedy on
behalf of Over35Match.com.
Indemnity by Member
You will defend, indemnify, and hold
harmless Over35Match.com, its officers,
directors, employees, agents and third
parties, for any losses, costs,
liabilities and expenses (including
reasonable attorneys' fees) relating to
or arising out of your use of the
Over35Match.com service, including, but
not limited to, any breach by you of the
terms of this Agreement.
Online Content
Opinions, advice, statements, offers, or
other information or content made
available through the Over35Match.com
service are those of their respective
authors and not of Over35Match.com and
should not necessarily be relied upon.
Such authors are solely responsible for
such content. Over35Match.com does not
guarantee the accuracy, completeness or
usefulness of any information on the
Service and neither adopts nor endorses
nor is responsible for the accuracy or
reliability of any opinion, advice or
statement made. Under no circumstances
will Over35Match.com be responsible for
any loss or damage resulting from
anyone's reliance on information or
other content posted on the
Over35Match.com Service, or transmitted
to Over35Match.com members.
WARNING - PLEASE READ: It is possible
that other Over35Match.com members or
users (including unauthorized users, or
"hackers") may post or transmit
offensive or obscene materials on the
Over35Match.com Service and that you may
be involuntarily exposed to such
offensive or obscene materials. It also
is 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. Over35Match.com is
not responsible for the use of any
personal information that you may choose
to disclose on the Service. Please
carefully select the type of information
that you post or share on the
Over35Match.com service or release to
others.
Over35Match.com reserves the right, but
has no obligation, to monitor the
materials posted in the public areas of
the Over35Match.com Service.
Over35Match.com shall have the right to
remove any such material that violates,
or is alleged to violate, the law, or
this Agreement. Notwithstanding this
right of Over35Match.com, you remain
solely responsible for the content of
the materials you post in the public
areas of the Service and your private
email messages. Emails sent between you
and other Over35Match.com members that
are not readily accessible to the
general public will be treated as
private by Over35Match.com to the extent
required by applicable law.
Removal of Information
While we do not and cannot review every
message sent by users of the Service,
and are not responsible for any content
of these messages, we reserve the right,
but are not obligated, to delete or move
content including, without limitation,
profiles, public postings and messages,
that we, in our sole discretion, deem to
violate the code of conduct set out
above or any applicable content
guidelines, or to be otherwise
unacceptable. You shall remain solely
responsible for the content of profiles,
public postings and messages you may
transmit or record to the Service or
send to the users of the Service.
Proprietary Rights
Over35Match.com owns and retains other
proprietary rights in the
Over35Match.com Service. The Service
contains the copyrighted material,
trademarks, and other proprietary
information of Over35Match.com and its
licensors. 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 permission, you will not copy,
modify, publish, transmit, distribute,
perform, display, or sell any such
proprietary information.
Information Supplied by Member
Except as provided otherwise in
Over35Match.com's privacy policy,
Over35Match.com will keep confidential
all information supplied by you to
Over35Match.com and shall use or
disclose such information only for the
purposes for which such information was
collected, or as required by law.
Mobile Fees and Payments
Any questions or disputes regarding
billing, fees or payments should be
addressed to your third party mobile
phone service provider.
Disclaimer of Warranty
Over35Match.com provides the Service on
an "as is" basis and grants no
warranties of any kind, express,
implied, statutory, in connection with
the Service or in connection with any
communication with Over35Match.com or
its representatives, or otherwise with
respect to the Service. Over35Match.com
specifically disclaims any implied
warranties of merchantability, fitness
for a particular purpose, or
non-infringement. Over35Match.com does
not warrant that your use of the
Over35Match.com service will be secure,
uninterrupted, always available, or
error-free, or will meet your
requirements, or that any defects in the
Service will be corrected.
Over35Match.com disclaims liability for,
and no warranty is made with respect to,
telephone service, including coverage,
range, or any interruption in telephone
service.
Limitation of Liability
In no event will Over35Match.com be
liable (i) to you for any incidental,
consequential, or indirect damages
(including, but not limited to, damages
for loss of data, loss of programs, lost
profits, cost of procurement of
substitute services or service
interruptions) arising out of the use of
or inability to use the Over35Match.com
Service, even if Over35Match.com or its
agents or representatives know or have
been advised of the possibility of such
damages or (ii) to any person other than
you. Notwithstanding anything to the
contrary contained herein,
Over35Match.com's. 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 Over35Match.com for the
Service during the term of membership.
In addition, Over35Match.com disclaims
all liability, regardless of the form of
action, for the acts or omissions of
other members or users (including, but
not limited to, unauthorized users, or
"hackers") of the Over35Match.com
Service.
State by State Variations
Certain jurisdictions limit the
applicability of warranty disclaimers
and limitations of liability so the
above disclaimers of warranty and
limitations of liability may not apply
to you.
General Provisions
You agree that MissouriВ law
(regardless of conflicts of law
principles) shall govern this Agreement,
that any dispute arising out of or
relating to this Agreement shall be
subject to the exclusive venue of the
federal and state courts in the State of
Missouri, and that you submit to the
exclusive jurisdiction of the federal
and state courts in the State of
MissouriВ in connection with the
Service or this Agreement. This
Agreement, accepted upon registering for
the Over35Match.com Service, contains
the entire agreement between you and
Over35Match.com regarding the use of the
Service. This Agreement may only be
amended upon notice by Over35Match.com
to you, or by a writing signed by you
and an authorized official of
Over35Match.com. Unless otherwise
explicitly stated, the Terms will
survive termination of your membership
to the Service. If any provision of this
Agreement is held invalid, the remainder
of this Agreement shall continue in full
force and effect.
Refund Policy
Over35Match.com will issue a refund
within 72 hours of an initial
subscription provided that none of the
Services have been utilized. Beyond
these conditions, requests for refunds
will be at the sole discretion of
Over35Match.com and will be reviewed on
a member to member basis.
Copyright Policy
Termination of User Privileges for
Infringement and Contact Information for
Suspected Copyright Infringement:
We will terminate the privileges of any
user who uses this Site to unlawfully
transmit copyrighted material without a
license, express consent, valid defense
or fair use exemption to do so. In
particular, users who submit user
content to this Site, whether articles,
images, stories, software or other
copyrightable material must ensure that
the content they upload does not
infringe the copyrights or other rights
of third parties (such as privacy or
publicity rights). After proper
notification by the copyright holder or
its agent to us, and confirmation
through court order or admission by the
user that he or she has used this Site
as an instrument of unlawful
infringement, we will terminate the
infringing users' rights to use and/or
access to this Site. We may also in our
sole discretion decide to terminate a
user's rights to use or access to the
Site prior to that time if we have a
good faith belief that the alleged
infringement has occurred.
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