Welcome to MatchmakerHub.com ("Matchmaker Hub"), the Service operated
by Woodmere Asset Management, Inc. (said Corporation to be referred to as "Matchmaker Hub")
where singles join as Members to be matched up by Matchmakers and meet other Members,
whose principal office is located at 8417 Midland Parkway, Jamaica, NY 11432. By
using the Matchmaker Hub .com Website (the "Site" or "Website") you agree to be bound
by this Matchmaker Hub Member User Agreement (this "Agreement"), whether or not you
register as a member ("Member"). If you wish to become a Member and communicate
with other Members and Matchmakers and make use of the Matchmaker Hub service (the
"Service"), read this Agreement and indicate your acceptance of it by following
the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of
the Website and your terms of becoming a Member (“Membership”) in the Service and
may be modified by Matchmaker Hub from time to time, such modifications to be effective
upon posting by Matchmaker Hub on the Website. This Agreement includes Matchmaker Hub
's "Acceptable Use Policy for Content Posted on the Website" and any notices regarding
the Website. You may also receive a copy of this Agreement by emailing us at: legal@Matchmaker Hub.com,
Subject: Member User Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE.
In these conditions 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;
“We, Us, Our" means Matchmaker Hub
"You, Your, Yourself"means the person
whose application for Membership of the Service is accepted by Us.
ELIGIBILITY. You must be eighteen
or over to become a Member of Matchmaker Hub or to register for use of this Site.
By becoming a Member, you represent and warrant that you are at least 18 years old.
Membership in the Service is void where prohibited. By using this Site, You represent
and warrant that you have the right, authority and capacity to enter into this Agreement
and to abide by all of the terms and conditions of this Agreement.
TERM.This Agreement will remain
in full force and effect while you use the Site and/or are a Member of Matchmaker Hub
. Matchmaker Hub may terminate your Membership for any reason effective upon sending
notice to you at the email address you provide in your application for Membership
or such other email address as you may later provide to Matchmaker Hub . If Matchmaker Hub
terminates your Membership in the Matchmaker Hub Service because you have breached
the Agreement, you will not be entitled to any refund of any unused Matchmaker Hub
Membership fees. Even after this Agreement is terminated, certain provisions of
this Agreement will remain in effect.
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
in the Manage Account section of the Site, or upon receipt by Us of Your written
or email notice of termination. Either You or Us may terminate your Membership by
removing your profile at any time, for any reason, without explanation. Upon such
termination by Us, We shall refund, pro rata, any unused portion of any Membership
fees that have been received from You provided that We determine in our sole discretion
that there has not been any breach of this Agreement by You. Provided that We determine
in our sole discretion that there has been any breach of this Agreement by You,
We shall not be liable to You for any refund of any unused portion of any Membership
fees and may continue to bar Your use of the Service in the future. Even after Membership
is terminated, this Agreement will remain in effect.
MEMBERSHIP. As a condition of Membership,
you agree to provide true, accurate, current, and complete information about yourself
as prompted during the registration process, including but not limited to your contact
information and billing information. You agree to maintain and update this information
and to keep it true, current, and complete. If any information provided by you is
untrue, inaccurate, noncurrent, or incomplete, Matchmaker Hub has the right to terminate
your account and refuse any and all current or future use of Matchmaker Hub .
Membership Categories. Matchmaker Hub
is a Membership Service.
Free Basic Membership. Requires that you provide certain personal
data and have a valid and verified email address. As a Free Basic Member you have
limited access to features of the Service. Although you may register as a Member
of the Service for free, if you wish to communicate with Matchmakers, accept matches
with other members and use certain other parts of the Service, you must become a
Gold Member and pay the fees that are set out in our price list.
Gold Membership. A Full Member has unlimited access to all features
of the Service. The Full Membership requires a monthly Membership fee. This fee
may vary from Member to Member due to many factors including date of sign-up and
duration of Membership.
PROHIBITED. Multiple Memberships.
Members are entitled to a single Free Basic Membership. It is against Matchmaker Hub
policy for an individual to sign-up multiple Free Basic Memberships. Matchmaker Hub
reserves the right to remove multiple Membership accounts. INDIVIDUALS WHO TRY TO
SIGN UP MULTIPLE FREE BASIC MEMBERSHIPS ARE COMMITTING FRAUD AND Matchmaker Hub RESERVES
THE RIGHT TO PURSUE ALL LEGAL ACTIONS, INCLUDING CIVIL PROSECUTION TO PROTECT ITS
SERVICE FROM FRAUD. MATCHMAKER HUB WILL PROTECT THE SAFETY AND INTEGRITY OF ITS SERVICE.
Matchmaker Hub may add, modify, remove Membership Categories at will.
Fees and Payments. Members of Matchmaker Hub
who join to use the Service, pay a monthly Membership fee which is determined solely
by Matchmaker Hub and paid to Matchmaker Hub .
You agree to pay or have paid all fees and charges incurred in connection
with your Membership with the Service (including any applicable taxes) at the rates
in effect when the charges were incurred. All fees and charges are non-refundable.
We may change the fees and charges in effect for using the Service, or add new fees
or charges. You also are responsible for any fees or charges incurred to access
the Service through an Internet access provider or other third party service, including
but not limited to telephone charges.
MEMBERSHIP FEES ARE NON-REFUNDABLE. Any unused Membership fees will
not be refunded.
Acceptable Use Policy for Content Posted on the Website.
a. You understand and agree that Matchmaker Hub may delete any content,
messages, photos, video or profiles (collectively, "Content") that in the sole judgement
of Matchmaker Hub violate the Agreement or which might be offensive, illegal or that
might violate the rights, harm or threaten the safety of other Matchmaker Hub and/or
its Members.
b. You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Matchmaker Hub Service, or transmit to other
Matchmaker Hub Members and/or Matchmakers.
c. By posting Content to any public area of Matchmaker Hub , you automatically
grant, and you represent and warrant that you have the right to grant, to Matchmaker Hub
, other Matchmaker Hub Members and Matchmakers an irrevocable, perpetual, non-exclusive,
royalty free, world-wide license to use, copy, perform, display and distribute such
information and Content and to prepare derivative works of, or incorporate into
other works, such information and Content, and to grant and authorize sublicenses
of the foregoing.
d. The following is a partial list of the kind of Content that is
illegal or prohibited on the Site. Matchmaker Hub will investigate and take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the Service
and terminating the Membership of such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass
mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libellous;
• promotes an illegal or unauthorised copy of another person’s copyrighted work,
such as providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those
not linked to or from another accessible page) ;
• displays pornographic or sexually explicit material of any kind;
• provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, or providing or creating computer
viruses;
• solicits passwords or personal identifying information for commercial or unlawful
purposes from other Members or Matchmakers; and
• engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. 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 OR ANY INFORMATION ON THE SERVICE AND NEIGHER WE ADOPT NOR ENDORSE
NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE 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.
f. You must use the Matchmaker Hub Service in a manner consistent with
any and all applicable laws and regulations.
g. You may 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 Matchmaker Hub Members or Matchmakers.
Although Matchmaker Hub cannot monitor the conduct of its Members or Matchmakers off
the Matchmaker Hub Site, it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or harm another person, or
in order to contact, advertise to, solicit or sell to any Member or Matchmaker without
their prior explicit consent.
h. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE
MATERIALS POSTED IN THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL
THAT IN OUR SOLE OPINION 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 E-MAIL
MESSAGES.
USE OF THE SERVICE. As a Member,
You agree that:
a. We reserve the right, but We have no obligation, to reject any
profile or photo that does not comply with the Content prohibitions and have no
obligation to alert you and We shall not refund You unused Membership fees.
b. E-mail communications sent from Us or through Us are designed
to make your online dating experience exciting. By becoming a member you specifically
agree to accept and consent to receiving e-mail communications initiated from Us
or through Us these include: message notification e-mails, match notification e-mails,
status-update e-mails, e-mails informing you about events and parties We organize,
e-mails informing you of promotions We run and e-mails informing You of new and
existing features We provide. Should You not wish to receive any of our e-mail communications
please do not register with Us for the Service or terminate your Membership with
Us.
c. Mass e-mails to those affiliated with the site including but not
limited to Matchmakers and members are strictly PROHIBITED. If We find any actions
such as these We reserve the right, but We have no obligation, to cancel, delete,
or remove any profile and We shall not refund You unused Membership fees.
d. 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.
e. You agree that We have no responsibility or liability for the
establishments on our Discount List. We do not warrant that an establishment on
the Discount List will honour a discount that is posted on the Website and it is
at the sole discretion of the establishment. Please inform Us if an establishment
is not honouring their discount agreement at support@Matchmaker Hub.com .
f. Our customer service Employees and Matchmakers are here to make
your online experience much more pleasing by providing assistance and guidance to
You. When speaking to Our customer service Employees and Matchmakers on the phone,
or in 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 or Matchmakers 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 any refund
of unused Membership fees.
g. 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
or whose conduct is unlawful or illegal. If You are found to have violated this
Agreement Your Membership and You shall not be entitled to any refund of any unused
Membership fees. The following is a partial list of the type of actions that are
illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not “stalk” or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed by Us,
without Our specific prior written consent.
4) 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.
5) 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.
6) You will not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the servers
or networks connected to the Service or the site.
8) You will not use the password of any Member, Matchmaker or any other individual
other than Yourself.
9) 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.
10) You will not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the Service.
11) You will not “frame” or “mirror” any part of the Service, without Our prior
written authorization. You also shall not use meta tags or code or other devices
containing any reference to Us or the Service or the site in order to direct any
person to any other web site for any purpose.
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 others to do so.
LIABILITY.You acknowledge that Matchmaker Hub
cannot ensure the personal security or privacy of any Member as a consequence of
any Members' meeting or encounter with any other individual through the Matchmaker Hub
Service. Further, Matchmaker Hub does not have a responsibility to perform any screening,
background checks, or verification of any information provided to it by its Members
or Matchmakers, and it is the responsibility of each Member to take any steps deemed
advisable to ensure their personal safety and security.
You acknowledge that although Matchmaker Hub does ask questions about
a member’s Jewish status they cannot ensure the validity of such information. It
is the responsibility of each member to verify this information.
Matchmaker Hub cannot ensure security or privacy of information that
you provide through the Internet and your email messages, and you release Us and
Matchmakers from any and all liability in connection with the use of information
by other parties including other Members and Matchmakers.
Matchmaker Hub and Matchmakers are not responsible for the use by others
of any information, which you provide to them, and you should use caution in selecting
the personal information you provide to others through Matchmaker Hub .
Matchmaker Hub , and Matchmakers cannot assume any responsibility for
the content of any messages sent by other Members or Matchmakers, and you release
us from any and all liability in connection with the contents of any communications
you may receive from other Members or Matchmakers.
You will defend, indemnify, and hold harmless Matchmaker Hub , officers,
directors, employees, Matchmakers, agents and third parties, for any losses, costs,
liabilities, and expenses (including reasonable attorney's fees) relating to or
arising out of your use of the Matchmaker Hub Service, including any breach by you
of the terms of this Agreement.
NON COMMERCIAL USE BY MEMBERS. The
Site is for the personal use of individual Members only and may not be used in connection
with any commercial endeavours by you. Organisations, companies and/or businesses
may not become Members of Matchmaker Hub and should not use the Matchmaker Hub Service
or Site for any purpose. Illegal and/or unauthorized uses of the Site, including
also, unauthorized framing of or linking to the Site will be investigated and appropriate
legal action will be taken, including without limitation civil, criminal and injunctive
redress.
PROPRIETARY RIGHTS. Matchmaker Hub
owns and retains other proprietary rights in the Matchmaker Hub Site and the Matchmaker Hub
Service. The Site contains the copyrighted material, trademarks, and other proprietary
information of Matchmaker Hub 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 may not copy, modify, publish, transmit,
distribute, perform, display, “Reverse Engineer” or sell any such proprietary information.
COPYRIGHT POLICY.You may 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. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Matchmaker Hub Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorised to act on behalf of
the owner of the copyright interest; a description of the copyrighted work that
you claim has been infringed; a description of where the material that you claim
is infringing is located on our Site; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the disputed
use is not authorised by the copyright owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Matchmaker Hub Copyright Agent for Notice of claims of copyright infringement
can be reached as follows:
Matchmaker Hub Counsel,
8417 Midland Parkway, Jamaica
, NY 11432, Attn: Copyright Policy.
MEMBER DISPUTES. You are solely
responsible for your interactions with other Matchmaker Hub Members or Matchmakers.
Matchmaker Hub reserves the right, but has no obligation, to monitor disputes between
you and other Members and/or Matchmakers.
PRIVACY. Our Privacy Policy governs
use of the Matchmaker Hub Site and/or the Matchmaker Hub Service. The personal information
(including sensitive personal information) You provide to Us will be stored on computers.
You consent to Us using this information to build up a profile of interests, preferences
and browsing patterns and to allow You to participate in the Service. All Members
also agree to uphold and maintain Our Privacy Policy and to the terms and conditions
thereof. If you are located outside of the
United States
, please note that the information 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 as may be involved in the provision and operation
of the Service. You may read a full description of our Privacy Policy.
DISCLAIMERS. Matchmaker Hub is not
responsible for any incorrect or inaccurate Content posted on the Site or in connection
with the Matchmaker Hub Service, whether caused by Members, Matchmakers or by any
of the equipment or programming associated with or utilised in the Service, nor
for the conduct of any Member and/or Matchmakers of the Matchmaker Hub Service whether
online or off-line. Matchmaker Hub assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorised access to, or alteration of,
User and/or Member communications. Matchmaker Hub is not responsible for any problems
or technical malfunction of any telephone network or lines, computer on-line-systems,
servers or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet or at any
website or combination thereof, including injury or damage to Members and/or Matchmakers
or to any other person's computer related to or resulting from participating or
downloading materials in connection with the Matchmaker Hub Site and/or in connection
with the Matchmaker Hub Service. Under no circumstances will Matchmaker Hub be responsible
for any loss or damage resulting from anyone's use of the Site or the Service and/or
any Content posted on the Matchmaker Hub Site or transmitted to Matchmaker Hub Members
and/or Matchmakers. The Site and the Service are provided "AS-IS" and Matchmaker Hub
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Matchmaker Hub cannot guarantee and does not promise any specific results from use
of the Site and/or the Matchmaker Hub Service.
LIABILITY LIMITATIONS. In no event
will Matchmaker Hub be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also lost profits
arising from your use of the Site or the Matchmaker Hub Service, even if Matchmaker Hub
has been advised of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, Matchmaker Hub ’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 Matchmaker Hub for the Service during the term of Membership.
You also agree that Matchmaker Hub will incur no liability for its ordinary negligence
directly or indirectly connected with this Agreement, and you hereby waive any such
claim.
U.S.
EXPORT CONTROLS. Software from this
Site is further subject to
United States
export controls. No software from this site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) 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 on any such list.
AGREEMENT MODIFICATION and ASSIGNMENT.
Matchmaker Hub reserves the right to change any of the terms and conditions in this
agreement, at any time and in its sole discretion, by posting a new agreement on
our Website. Without limiting the generality of the foregoing, fee schedules, and
all other provisions of this agreement are subject to change without notice other
than posting such information on our Website. Neither the rights nor the obligations
arising under this Agreement are assignable or transferable by You, and any such
attempted assignment or transfer shall be void and without effect. Matchmaker Hub
may assign this Agreement to any successor, affiliate or assignee.
DISPUTES. You agree that this Agreement
and any dispute about it or any dispute involving the Site and/or the Service, by
using the Site, will be governed by the laws of the State of
New York
without regard to its conflict of law provisions. You agree to personal jurisdiction
by and venue in the state and federal courts of the State of
New York
, City of
New York
.
INDEMNITY. You agree to indemnify
and hold Matchmaker Hub , its subsidiaries, affiliates, officers, agents, matchmakers,
those endorsing the site, other partners and employees, harmless from any loss,
liability, claim or demand, including reasonable attorneys’ fees, sustained or made
by any third party due to or arising out of your use of the Service in violation
of this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above.
(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.
OTHER. This Agreement, accepted
upon use of the Site and further affirmed by becoming a Member of the Matchmaker Hub
Service, contains the entire agreement between you and Matchmaker Hub regarding the
use of the Site and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
Any questions regarding this Agreement should be sent to
[email protected]
This Agreement and the Matchmaker Hub Service are Copyright © 2013
Woodmere Asset Management, Inc. Matchmaker Hub is a trademark of Woodmere Asset Management,
Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.