Magical Matches

Terms and Conditions

Terms of Use

Last updated November 26, 2013

 

The terms of this agreement ("Terms of Use") govern the relationship between you and Magical Matches, Inc. (“Magical Matches,” "us" or "we") regarding your use of our online service for single adults to meet and interact in an online community and view content related to the Magical Matches approach (the "Service") and your use of our website located at www.magicalmatches.com (the “Site”).

By creating an account or accessing or using the Service, you accept and agree to be bound by these Terms of Use and consent to the collection, use and storage of your information as outlined in the Privacy Policy. If you do not agree to any of the Terms of Use or Privacy Policy, do not use the Service or access the Site.

Accessing the Service

In order to use the Service, you will be required to register an account on the Service (an "Account"). By registering for an Account or by accessing the Service or the Site, you represent that you meet the following eligibility requirements to use the Service:

  1. You are at least 18 years old and are not married;
  2. You are not a convicted sex offender and have not otherwise been convicted of a felony;
  3. You have not been previously removed by us from the Service or the Site or removed or banned by any other online dating site;
  4. You are not on the U.S. Treasury Department's list of Specially Designated Nationals.
  5. You are located within one of the 50 United States and are permitted to use the Service in your jurisdiction.

You are responsible for maintaining the confidentiality of the username and password that you designate for your Account, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Magical Matches will not be liable for any loss or damage arising from your failure to comply with the provisions of this paragraph.

Use of the Service

You must provide all equipment and software necessary to connect to the Service. You are responsible for any fees (including Internet connection fees) that you incur when accessing the Service. The following restrictions apply to the use of the Service:

a. You shall use your Account only for non-commercial purposes. Without limiting the foregoing, you agree that you shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including, but not limited to, chain letters, junk e-mail or repetitive messages (spim and spam) to anyone.

b. You shall not use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service.

c. You shall not use your Account to engage in any illegal conduct or any act that we deem to be in conflict with law or the spirit or intent of the Service.

d. You shall not make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel.

Content on the Site

You are responsible for the content you post on the Site and the content you transmit to other users. By posting or transmitting content on the Site, you agree that you automatically grant, and you represent and warrant that you have the right to grant, to Magical Matches a non-exclusive, worldwide license to use the content in any manner and in all media, in perpetuity. You agree that you will not:

a. Include in your profile any telephone numbers, street addresses, last names, URLs or email addresses;

b. Post or transmit any information that we deem to be abusive, threatening, containing nudity, obscene, defamatory, or libelous, or deem to be racially, sexually, religiously, or otherwise objectionable or offensive;

c. Harass, abuse, or harm, attempt to harass, abuse or harm, or advocate or incite harassment, abuse or harm of another person or group, including other users or our customer service representatives;

d. Post or transmit material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;

e. Post inaccurate feedback (endorsements) or falsely report another user;

f. Create an Account using a false identity or information, or create an Account on behalf of someone other than yourself.

No Guarantees

Magical Matches makes no guarantees as to your success in finding a match through the Service, or regarding your compatibility with individuals you meet through the Service, nor is Magical Matches responsible for any incorrect or inaccurate information posted on the Site.

Advice and content we post on or deliver through the Site is not intended and should not be used as a substitute for medical, legal or other professional advice. It is intended for entertainment purposes only.

Your Safety Is Your Responsibility

You agree that your safety is solely your responsibility. You assume all risk associated with your interactions, both online and offline, including dating, with those you meet through the Service. You understand that Magical Matches does not conduct criminal background checks of users of the Service, nor does Magical Matches verify the accuracy of information posted by users. You agree to take all necessary precautions in your communications and interactions with other users of the Service, particularly should you decide to meet offline or in person.

Suspension and Termination of Account and Service

Any use of the Service in violation of these Terms of Use is strictly prohibited, can result in the immediate termination of your Account, and may subject you to liability for violations of law.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITE, AND THEIR CONTENT AND SERVICES, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.

We will also terminate your Account if you do not pay for the Service or if your Account is inactive for a long period of time.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. In such event, we shall not be required to provide refunds, benefits or other compensation to you in connection with such account termination. If you have sent or posted content on the Service, we may not be able to delete it.

We reserve the right to stop offering and/or supporting the Service, or part of the Service, at any time either permanently or temporarily, at which point your Account will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

 

You may cancel any Account registered to you at any time by following the instructions on the Site.

Updates to the Terms of Use and Privacy Policy

We may change, modify, add or remove portions of these Terms of Use and Privacy Policy at any time by posting the amended Terms of Use or Privacy Policy on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. No amendment to the Terms of Use or Privacy Policy shall apply to any dispute of which we had actual notice before the date of the amendment.

If at any point you do not agree to any portion of the then-current version of our Terms of Use, the Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Service, you must immediately stop using the Service and the Site.

Ownership of Content on Site

The Service contains content that is the property of Magical Matches. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and you agree that you will not copy, distribute or disseminate such content.

We have no obligation to monitor content posted by users. If we choose at any time, in our sole discretion, to monitor the Service, we have the right, in our sole discretion, to edit, refuse to post, or remove any user content and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording.

No Warranty.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU, THE USER. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability, Indemnity.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MAGICAL MATCHES NOR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS OR AFFILIATES SHALL BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO:

  • YOUR CONDUCT AND THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH PERSONS YOU MEET THROUGH THIS SERVICE.
  • INFORMATION PROVIDED TO YOU BY MAGICAL MATCHES, OR ANYONE AFFILITATED WITH MAGICAL MATCHES, INCLUDING, BUT NOT LIMITED TO: THE MIRROR EFFECT BOOK; MIRROR UNIVERSITY; RADIO MM; ONLINE, TELEPHONE, OR IN-PERSON CONFERENCES; EMAIL; BLOG; OR ANY OTHER MODALITY EMPLOYED BY MAGICAL MATCHES.
  • OPERATION OF THE SITE OR SERVICE, INCLUDING LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
  • ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Our liability to you, whether arising in contract, tort, strict liability or otherwise, will be limited to and will not exceed (in the aggregate) the total fees paid by you to us during the six (6) months immediately prior to the time such claim arose. If you have not paid anything to us during that period, you agree that your remedy will be limited to ceasing to use the Service and terminating your Account.

You hereby agree to defend, indemnify and hold Magical Matches and its owners, officers, directors, employees and agents harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Magical Matches or such person arising out of or from your use of the Service or as a result of any violation by you of these Terms of Service. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

Equitable Remedies.

You hereby agree that we would be irreparably damaged if the terms of these Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches by you of these Terms of Use, in addition to such other remedies as we may otherwise have available to it under applicable laws.

Arbitration of Disputes. We are always interested in attempting to resolve any disputes you may have with us arising out of or relating to the Site, the Services, this Agreement and the policies of Magical Matches (a “Dispute”) by amicable and informal means, and we encourage you to contact us to do so. You and Magical Matches agree, however, that any Disputes not resolved informally will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Magical Matches’ intellectual property or proprietary rights, which Magical Matches may elect to have resolved by means other than arbitration. YOU AND MAGICAL MATCHES AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAGICAL MATCHES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

 

Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with Magical Matches, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. All proceedings shall be conducted in English. Venue for all arbitration proceedings shall be in Santa Clara County, California. In the event an arbitration or litigation is brought by either party, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the proceeding.

Enforcement. Any proceeding to enforce this arbitration agreement or to confirm, enforce, modify or vacate an arbitration award hereunder may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Santa Clara County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Class Action. YOU AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS YOU AND MAGICAL MATCHES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS IN AN ARBITRATION.

General

These Terms of Use are made in and shall be governed by the laws of the State of California, excluding choice of law principles. If any provision of the Terms of Use is held to be unenforceable, these Terms of Use shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future. These Terms of Use and the Privacy Policy contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written agreements.

 

QUESTIONS AND ADDITIONAL INFORMATION

If you have any questions, please contact us at info@magicalmatches.com

 

I hereby acknowledge that I have read and understand the foregoing Terms of Use and agree that by clicking "Accept" or using the Service, I am acknowledging my agreement to be bound by the terms and conditions of these Terms of Use.