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Matchifieds Terms of Service

1. ACCEPTANCE OF TERMS
Welcome to Matchifieds. Matchifieds provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.Matchifieds.com/content/terms.cfm. By using the Service in any way, you are agreeing to comply with these Terms and you are agreeing to abide by any applicable posted guidelines for all Matchifieds services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Matchifieds in any way, your only recourse is to immediately discontinue use of Matchifieds.

2. DESCRIPTION OF SERVICES
Matchifieds provides browse, post, subscribe, search and customized account services to users which include consumers and commercial users ("Service"). You understand and agree that the Service may include advertisements and service announcements and administrative messages. You understand and agree that the Service is provided "AS-IS" and that Matchifieds assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining and access, and any necessary equipment, to the Service and any third party access fees (such as Internet service provider or airtime charges) are your sole responsibility. Certain Matchifieds areas may contain adult or mature content and you must be at least 18 years of age to access and view such areas.

3. CONTENT, LINKS, NON-EXCLUSIVE LICENSE
You understand and agree that

  1. all Content including but not limited to text, messages, files, images, photos, video, sounds, or other materials publicly posted on, transmitted through, linked directly or indirectly or privately transmitted via the Service, are the sole responsibility of the person from whom such Content originated;
  2. users are solely responsible for all Content that they post, email or otherwise make available via the Service;
  3. Matchifieds does not review, approve or control, and is not responsible for any Content made available through the Service, but Matchifieds in its sole discretion retains the right but does not have the obligation to prohibit, refuse, delete, remove or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason;
  4. by using the Service, you may be exposed to Content that is inaccurate, misleading, offensive, indecent, or otherwise objectionable;
  5. your participation with Matchifieds is solely at your own risk and you assume all responsibility for any risks associated with the use of and Content or Services;
  6. any links to the Matchifieds site and Content are completely independent of Matchifieds and Matchifieds makes no representation or warranty as to the accuracy, completeness, authenticity or integrity of the information contained in any linked site;
  7. with respect to Content you submit or make available for inclusion on Matchifieds, you grant Matchifieds the following world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You understand and agree
  1. that under no circumstances will Matchifieds be liable in any way for any information, Content, or services or loss or damage of any kind incurred as a result of the use of any Matchifieds or linked-to Content posted, emailed or otherwise made available via the Service;
  2. that with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Matchifieds the following world-wide, royalty free and non-exclusive license(s), the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Matchifieds Service.
"Publicly accessible" areas of the Service are those areas of the Matchifieds site and its affiliates that are intended by Matchifieds to be available to the general public including but not limited to postings which may be browsed without account login and password.

4. YOUR REGISTRATION OBLIGATIONS
Certain Matchifieds' Services require registration. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Matchifieds has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Matchifieds has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) to you.

5. Matchifieds PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.Matchifieds.com/privacy
You understand and agree that your use of the Matchifieds website or the Service signifies acknowledgement of and agreement to our Privacy Policy and that Matchifieds, in its sole discretion, may preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Matchifieds, its users or the general public.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY
In the event your elect to use certain Matchifieds services, you will complete a registration to obtain a "myMatchifieds" account and password. You are responsible for maintaining the confidentiality of the account and password and assuring all activities that occur under your account and password comply with Terms of Service. You agree to (a) ensure that you exit from your account at the end of each session and (b) immediately notify Matchifieds of any unauthorized use of your account or password or any other breach of security.
You understand and agree that Matchifieds cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

7. CONDUCT
Whether posting, selling or contacting poster or buyer, you agree to not use the Service to post, upload, email, transmit or otherwise make available any Content

  • that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • that is unsolicited or unauthorized, including advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (please read our complete Spam Policy);
  • 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;
  • that may disrupt or negatively affect other users' ability to use the Service;
  • that may interfere with or disrupt or impair Matchifieds' Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • that may harm minors in any way;
  • that may intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
Furthermore, you understand and agree that you shall not
  • contact anyone who has asked not to be contacted;
  • "stalk" or otherwise harass another;
  • collect or store personal data about other users;
  • impersonate any person or entity, including, Matchifieds personnel;
  • falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • use automated means, including but not limited to spiders, robots, crawlers, data mining tools, to download any Content data from the Service,
  • post Content in irrelevant categories or cities,
  • repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • without written authorization attempt to access Matchifieds' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Matchifieds site.
You understand and agree that Matchifieds may or may not pre-screen Content, but that Matchifieds its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse, suspend or remove any Content that is available via the Service. Without limiting the foregoing, Matchifieds and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You understand and agree that you must evaluate, and bear all risks associated with, the posting or use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Additionally, you understand and agree that you may not rely on any Content created by Matchifieds or submitted to Matchifieds.
You understand that the technical processing and transmission of the Service, including Content, (a) may involve transmissions over various networks; and (b) may require changes on to your equipment and access at your sole responsibility and expense to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Matchifieds and/or content providers who provide content to the Service. You agree not to attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8. INTERNATIONAL USE
In addition to all other Terms of this Agreement, you agree to abide by any local rules concerning online activities including but not limited to display of Content and transmission of technical data between the United Sates and the country in which you reside.

9. INDEMNITY
You agree to indemnify and hold Matchifieds, its subsidiaries, affiliates, officers, agents, successors, co-branders or other partners, providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of or connection to the Service, or your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of or use of or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE
You understand and agree that Matchifieds, in its sole discretion and without advance notice, may establish and change general practices and limits concerning use of the Service, including without limitation the maximum number and placement of postings, duration of postings, storage space for photos which shall be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Matchifieds' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that Matchifieds has no responsibility or liability for the loss, deletion or failure to store any Content, messages and other communications maintained or transmitted by the Service. You acknowledge that Matchifieds reserves the right to expire accounts that are inactive for an extended period of time or cancel and terminate accounts which are in violation of the TOS.

12. MODIFICATIONS TO SERVICE
You understand and agree that Matchifieds, in its sole discretion, reserves the right at any time and from time to time to modify, limit or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Matchifieds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service for any reason whatsoever.

13. TERMINATION
You understand and agree that Matchifieds, upon belief or notification that you have acted inconsistently with the letter or spirit of TOS, in its sole discretion, has the right, but not the obligation, to suspend, delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service and you agree that Matchifieds shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Cause for such termination shall include, but not be limited to:

  • breaches or violations of the TOS or other incorporated agreements or guidelines;
  • requests by law enforcement or other government agencies;
  • a request initiated by you;
  • discontinuance or material modification to the Service or any part thereof;
  • unexpected technical or security issues or problems;
  • extended periods of inactivity.
In most cases, termination of your Matchifieds account includes
  • deletion of your postings and account and password and all related information, files and content associated with or inside your account or any part thereof;
  • barring further use of the Service;
  • cessation of access to all offerings within the Service.
You agree not to attempt to use the Service after termination.

14. DEALINGS WITH ADVERTISERS
You acknowledge that your correspondence or interaction or business dealings with any individual and/or organizations, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Matchifieds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In the event there is a dispute between participants of Matchifieds, or between users and any third party, you understand and agree that Matchifieds is under no obligation to become involved. Upon any such occasion that you have a dispute with one or more other users, you hereby release Matchifieds, its officers, employees, agents, successors and affiliates in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

15. Matchifieds' PROPRIETARY RIGHTS
The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected to the maximum extent permitted by copyright laws and international treaties. Interfaces and Content contained in information or advertisements presented to you through the Service or advertisers displayed on or through the Service is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Except as expressly authorized by Matchifieds or advertisers, you agree not to decompile, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any reproduction, modification, creation of derivative works from or redistribution of Matchifieds or the collective work is strictly prohibited. You agree not to copy, reproduce, duplicate, sell or resell or exploit for commercial purposes the sites or any portion thereof, including any Content, to any other server or location for further reproduction or redistribution is prohibited. You agree to abide by any and all copyright notices displayed on the Service.
Matchifieds grants you a personal, non-transferable and non-exclusive right and license to post, browse and search Content on a single computer provided that you do not, and do not permit any third party to copy, modify, create a derivative work of, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or Content. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Matchifieds for use in accessing the Service.

16. TRADEMARK INFORMATION
Matchifieds is a registered mark in the U.S. Patent and Trademark Office. You acknowledge that although Matchifieds does not assert ownership of Content posted by its users, by posting Content to any public area of the Service, you automatically grant, represent and warrant that you have the right to grant, to Matchifieds an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Without Matchifieds' prior permission, you agree not to display or use in any manner, the Matchifieds marks.

17. DISCLAIMER OR WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE Matchifieds SITE AND SERVICE IS ENTIRELY AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Matchifieds EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • Matchifieds MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE CONTENT OR SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Matchifieds OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  • TO THE FULLEST EXTENT PERMITTED BY LAW, Matchifieds DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ADVERTISED ON OR DELIVERED OR RECEIVED THROUGH THE Matchifieds SITE OR ACCESSED THROUGH ANY LINKS ON THE Matchifieds SITE.
  • TO THE FULLEST EXTENT PERMITTED BY LAW, Matchifieds DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Matchifieds SITE OR THE SERVICE.

18. LIMITATIONS OF LIABILITY
EVEN IN THE EVENT Matchifieds HAS BEEN APPRISED OF THE POSSIBILTY OF ERROR OR DAMAGES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Matchifieds SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING (i) FROM ANY ASPECT OF USE OF OR MISUSE OF OR INABILITY TO USE THE Matchifieds SITE OR SERVICES; (ii) INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Matchifieds SITE OR THE SERVICE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS
You understand and agree that Matchifieds may establish limits concerning use of the Service, including but not limited to the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, the maximum number of days that Content will be retained by the Service, and the frequency with which you may access the Service. You agree that Matchifieds has no responsibility or liability for the loss, deletion or failure to store any Content maintained or transmitted by the Service and that Matchifieds in its sole discretion reserves the right at any time to modify or discontinue the Service or any part thereof with or without notice, and that Matchifieds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In the event some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above Limitations may not apply to you.

20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

21. NOTICE
At its sole discretion, Matchifieds may provide you with notices, including those regarding changes to the TOS, by postings on the Service, by email, or regular mail.

22. Notification of Claims of Infringement
Matchifieds respects the intellectual property of others, and we ask our users to do the same. In appropriate circumstances and at its sole discretion, Matchifieds may disable and/or terminate the accounts of users who infringe upon others' trademarks or copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Matchifieds' Copyright Agent at copyright@Matchifieds.com or Copyright Agent

Matchifieds Agent 11 W. 25th Street 10th floor New York, NY 10010

Please provide the following information:
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Matchifieds and govern your use of the Service, superceding any prior agreements between you and Matchifieds. This TOS shall be governed by the laws in the State of New York.
Waiver and Severability of Terms. Any delay or failure of Matchifieds to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Matchifieds account is non-transferable and any rights to your Matchifieds account or Content terminate upon your death. Upon inactivity or receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS by flagging the Content or posting(s) for review, or by emailing to flag@Matchifieds.com.
Any delay or failure to act with respect to a breach by you or others does not waive Matchifieds' right to act with respect to violations or subsequent or similar breaches.
You understand and agree to accept and pay liquidated damages to Matchifieds upon the following rules:
For any messages in which you post or reply which (a) falsely states or otherwise misrepresents your affiliation with a person or entity; (b) impersonates any person or entity; or (c) includes personal or identifying information about another person without that person's explicit consent, you agree to pay Matchifieds one thousand dollars ($1,000) for each message for each day that message is posted.
For any violations concerning the number of postings or frequency with which you may access the Service, you agree to pay Matchifieds one hundred dollars ($100) per day per message or per access whichever is higher.
For any violations concerning usage of the Service when you have been terminated from Matchifieds as signaled by notice or by deletion or removal of your Content or blocking of your access, you agree to pay Matchifieds one hundred dollars ($100) for per day for each message posted or unapproved access, whichever is higher.
For violations relating to sending unsolicited email advertisements to Matchifieds email addresses or through Matchifieds computer systems, you agree to pay Matchifieds one hundred ($100) for each such email.
For any other violations of Terms of Service other than as described above, you agree to pay Matchifieds one hundred dollars ($100) for per each day per each such violation. In its sole discretion, Matchifieds may elect to issue a warning before assessing damages.
You understand and agree that any and all legal expenses incurred by Matchifieds in any attempt to enforce this TOS shall be borne exclusively by you.

25. NO SPAM POLICY
You understand and agree

  1. that sending unsolicited email to a Matchifieds' users direct email or via Matchifieds' computer systems is spam and is strictly prohibited by these TOS,
  2. that sending Spam is subject to liquidated damages,
  3. that any unauthorized use of Matchifieds' computer systems violates this TOS and certain federal and state laws and such violations may subject the sender and his or her agents to civil and criminal penalties.

26. FEEDBACK
Matchifieds invites your feedback on all policies. feedback@Matchifieds.com.