The mission of EveryMatch, owned and operated by EveryMatch International Ltd. (“EveryMatch”, which may also be referred to herein as “We” “Us” or “Our”) is to connect individuals to find partners for various day to day activities, including but not limited to, sports, hobbies, trips, education, accommodation and business initiatives. Using EveryMatch’s Services available on our website (“Website”), platform, or on a third party website that provides access to or use of the Services or the Platform (“Third Party Provider”) or by any other means (“Services” or “Applications” (as defined below)), will help you to find connections and create social networks under your personal profile, to receive various information and data, and to exchange ideas and information which shall be available on the Services. Our Platform and Services are also offered to third parties as a white label service (Platform as a service basis) and therefore third parties who obtain such service may allow access and use of the Platform and Services through their own customized websites and applications, which may not specifically indicate Everymatch as the operator of the Services or Platform. Unless expressly specified otherwise: (i) any reference to the Services in these Terms shall include any part thereof; and (ii) all provisions of these Terms shall apply for the benefit of: (a) any other subsidiaries and/or affiliates of EveryMatch, including their successors and assigns; (b) any entity controlling EveryMatch; (c) any entity controlled by EveryMatch; and (d) any entity in common control with EveryMatch. Terms in these Terms appearing in the singular form shall include the plural form, and vice versa, and terms appearing in the masculine, feminine or neuter forms shall include all other forms, unless expressly set forth otherwise.
B. Scope and Intent.
By clicking “Sign Up” you acknowledge that you have read and understood the terms and conditions of the Agreement and that you agree to be bound by all of its provisions. If you do not agree to the Agreement, do not click the “Sign Up” button.
C. Order of Precedence
2. YOUR OBLIGATIONS.
A. Applicable laws and this Agreement
B. License and warranty for your submissions to EveryMatch.
You declare that you are the sole owner of and/or hold all applicable rights in and to the information, content and materials (the “User Content”) you provide EveryMatch and the Third Party Provider under this Agreement. You agree that any User Content published by you in the framework of using the Services, Applications or the Third Party Provider is done willingly and you acknowledge that personal information that you communicate publicly within any Service may be seen and used by others and may result in unsolicited communications.
Additionally, you grant EveryMatch and the Third Party Provider a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free license to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any User Content you provide, directly or indirectly to EveryMatch and to the Third Party Provider, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to EveryMatch and/or to the Third Party Provider without any further consent, notice and/or compensation to you or to any third parties.
We reserve the right to immediately remove any User Content that may be considered, in our sole discretion, in violation of the rights of any third party.
Any text, graphics, photographs, files or other User Content uploaded by you shall be in your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. EveryMatch and/or to the Third Party Provider shall not bear any responsibility for any of the abovementioned User Content.
EveryMatch provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Services, Applications and/or by the Third Party Provider. By using the Services, Applications and/or the Third Party Provider you
acknowledge and accept that you may be exposed to material you find offensive or objectionable. EveryMatch reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Services, Applications and/or from the Third Party Provider with or without notice for any reason whatsoever. You agree that EveryMatch will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage (including total and complete loss) incurred by use of the User Content, the removal/modification or blocking of any User Content, or for any failure to or delay in removing User Content.
C. Services Eligibility.
To be eligible to use the Services, Applications and/or the Third Party Provider, you must meet the following criteria and represent and warrant that you:
(1) are 16 years of age or older and if you are between the ages of 16 and 18, you declare that your legal guardian has reviewed and agreed to all the terms and conditions of this Agreement;
(2) are not currently restricted from the Services, Applications and/or the Third Party Provider or not otherwise prohibited from having an EveryMatch account,
(3) are not a competitor of EveryMatch or are not using the Services, Applications and/or the Third Party Provider for reasons that are in competition with EveryMatch;
(4) will only maintain one EveryMatch account at any given time;
(5) have full power and authority to enter into this Agreement and by doing so will not violate any other agreement to which you are a party;
(6) have received the consent of the Third Party Provider for using the Services, opening an EveryMatch profile and sharing data and information on the Services, Applications and/or viA the Third Party Provider.
(7) will not violate any rights of EveryMatch and/or of the Third Party Provider, including intellectual property rights such as copyright or trademark rights; and
(8) agree to provide at your cost all equipment, software, and internet access necessary to use the Services, Applications and/or by the Third Party Provider.
D. Sign-In Credentials.
You agree to:
(1) Keep your password secure and confidential;
(2) not permit others to use your account;
(3) refrain from using other Users’ accounts;
(4) refrain from selling, trading, or otherwise transferring your EveryMatch and/or the Third Party Provider account to another party; and
(5) refrain from charging anyone for access to any portion of EveryMatch, Applications and/or the Third Party Provider or any information therein.
Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your password or unauthorized access to your account, you must immediately notify EveryMatch and/or the Third Party Provider and modify your password;
You undertake to monitor your account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services, Applications and/or the Third Party Provider by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, PayPal) by minors.
You hereby obligate to indemnify Us and/or the Third Party Provider and hold Us and/or the Third Party Provider harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by any of the following: (1) your failure to comply with this Agreement, including, without limitation, your submission of User Content that violates third party rights or applicable laws; (2) any User Content you submit to the Services; and (3) any activity in which you engage on or through the Services, Applications and/or by the Third Party Provider.
If you purchase any services that We offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree that EveryMatch shall store your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse Us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that the Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service (the payments in this section shall be collectively referred to as “Fees”).
F. Notifications and Service Messages.
You agree that EveryMatch and/or the Third Party Provider may communicate with you through your account or through other means, including e-mail, mobile number, telephone, organizational messaging service, or delivery services including the postal service about your EveryMatch account or services associated with EveryMatch and/or with the Third Party Provider. Please review your settings to control the kind of messages you receive from EveryMatch and/or from the Third Party Provider. You acknowledge and agree that We shall have no liability associated with or arising from your failure to do so and to maintain
accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
G. EveryMatch Applications.
EveryMatch may offer the Services through applications built using EveryMatch’s platform (“Applications”). Examples of Applications include its smart phone applications (EveryMatch for Blackberry, Android or iPhone). If you use an Application or interact with a Third Party Provider, you agree that information about you and your use of the Services, Applications and/or the Third Party Provider, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location and/or web pages containing EveryMatch plug-ins that load in your browser may be communicated to us.
Further, by importing any of your EveryMatch data through the Applications, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your EveryMatch account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing EveryMatch through your mobile carrier. Therefore, you should check with your carrier to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of these Terms provided at download or installation, or as may be updated from time to time.
All the provisions of this section above, shall apply to access or use of the Services through Applications and/or via the Third Party Provider, mutatis mutandis.
H. User-to-User Communication and Sharing.
EveryMatch offers various forums such as Communities, where you can post your observations and comments on designated topics. EveryMatch also enables sharing of information by allowing users to post updates, including links to news articles and other information such as opportunities, sports activities and tournaments, product recommendations, and other content to their profile and other parts of the site, such as EveryMatch Communities
Please note that ideas you post and information you share may be seen and used by other Users, and EveryMatch and/or by the Third Party Provider cannot guarantee that other Users will not use the ideas and information that you share on EveryMatch. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any EveryMatch Group, or elsewhere on EveryMatch, Applications and/or on the Third Party Provider.
EVERYMATCH AND/OR THE THIRD PARTY PROVIDER ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON ANY EVERYMATCH SERVICE, INCLUDING, INTER ALIA, COMMUNITY FORUMS SUCH AS BLOGS, GROUPS OR ANSWERS.
J. Rules of Conduct.
Without limiting the generality of this Agreement, the following actions are examples of behavior that violate this Agreement and may result in any or all of your account(s) being immediately terminated:
• Creating an account with or access to the Services if you are under the age of 16;
• Uploading, posting, transmitting or otherwise disseminating material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
• Libeling, ridiculing, defaming, mocking, stalking, intimidating, threatening, harassing, or abusing anyone, hatefully, racially, ethnically or in any other manner;
• Posting, transmitting, promoting, or distributing any content that is illegal;
• Harassing or threatening any other User of Services, any employee or contractor of EveryMatch and/or of the Third Party Provider;
• Impersonating another person, indicating that you are an EveryMatch employee or a representative of EveryMatch (if you are not), or attempting to mislead users by indicating that you represent EveryMatch in any way;
• Attempting to obtain a password, other account information, or other private information from any other User of the Services, Applications and/or of the Third Party Provider without his/hers express consent to such actions;
• Uploading any software, files, photos, images or any other User Content that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program, including, inter alia, robots, trojan horses or worms;
• Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Services;
• Improperly using any Services, Applications and/or the Third Party Provider`s support functions or complaint buttons, or making false complaints or other reports to EveryMatch representatives;
• Posting or communicating any other User’s personal information and duplicating, licensing, sublicensing, publishing, broadcasting, transmitting, distributing, performing, displaying, selling, rebranding, or otherwise transferring information found on EveryMatch, Applications and/or by the Third Party Provider (excluding content posted by you) except as permitted in the Agreement;
• Uploading or transmitting, or attempting to upload or transmit, any material as a passive or active information collection, data mining or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices;
• Using a false e-mail address or otherwise disguising the source of any content that you submit within the Services, Applications and/or on the Third Party Provider, or using tools which make anonymous your internet protocol address, such as access through a third party server;
• Interfering or circumventing any EveryMatch`s and/or the Third Party Provider`s security feature or any feature that restricts or enforces limitations on use of or access to the Services;
• Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services and/or Applications, or any part thereof, including any of the aforesaid actions performed through the Applications and/or by the Third Party Provider;
• Removing any copyright, trademark or other proprietary rights notices contained in or on EveryMatch, Applications and/or on the Third Party Provider (if any), including those of both EveryMatch and any of its licensors, including the Third Party Provider;
• Infringing or using EveryMatch’s brand, logos and/or trademarks, including, without limitation, using the word “EveryMatch” in any business name, e-mail, or URL or including EveryMatch’s trademarks and logos except as expressly permitted by EveryMatch;
• Attempting to sell any part of the Services, including, without limitation, any virtual currency (if applicable), accounts and access to them in exchange for real currency or items of monetary or other value;
• Engaging in cheating or any other activity that EveryMatch deems to be in conflict with the spirit of its Services;
• Violation of any applicable laws or regulations, encouragement or promotion of any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or any part thereof, including any of the aforesaid actions performed through the systems of the Third Party Provider.
3. YOUR RIGHTS.
A. License Grant.
We grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access the Services, Applications and/or the Third Party Provider, through the Website or a mobile device (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of EveryMatch or its Users), to view information and use the Services, Applications and/or the Third Party Provider that We provide in accordance with this Agreement. Any other use of EveryMatch, Applications and/or the Third Party Provider contrary to our mission and purposes as stated herein, are strictly prohibited and shall be deemed a violation of this Agreement, and without derogating from any remedy reserved to EveryMatch under applicable law or in the Agreement, shall entitle it to terminate your account forthwith without any claim on your part. We reserve all rights not expressly granted in this
Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Services and all related items, including any and all copies made of the Services, Applications and/or of the services provided by the Third Party Provider.
B. Use of Services.
Use of the Services, Applications and/or of the Third Party Provider, shall be for your own, private and non commercial use, and may not be reproduced, duplicated, copied, re-sold, sub-licensed, or otherwise used in whole or in part by you for any commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from the Services, Applications and/or of services offered by the Third Party Provider or any part thereof. If you violate or if, at any point, you do not agree to any of the terms in the Agreement, your license to use the Services, Applications and/or by the Third Party Provider shall immediately terminate without any prior notice to you, and you shall immediately refrain from using the Services, Applications and/or of services offered by the Third Party Provider or any part thereof. If the Services, Applications and/or of services offered by the Third Party Provider or any part thereof, are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Services, Applications and/or of services offered by the Third Party Provider, and must refrain from using the Services, Applications and/or the Third Party Provider.
EVERYMATCH OR ANY PARTY ON ITS BEHALF, INCLUDING THE THIRD PARTY PROVIDER, SHALL NOT BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY SERVICES, APPLICATIONS AND/OR THE THIRD PARTY PROVIDER (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE SERVICES SOFTWARE, RESIDES WITH YOU.
4. OUR RIGHTS AND OBLIGATIONS.
A. Services Availability.
For as long as EveryMatch and/or the Third Party Provider continues to offer the Services and/or Applications EveryMatch shall provide and seek to update, improve and expand the Services and/or Applications. As a result, We allow you to access the Services, Applications and/or the Third Party Provider as now exist and as shall be available on any given time and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, Applications and/or the services offered via the Third Party Provider, partially or entirely, or change and modify prices for all or part of the Services, Applications and/or the services offered via Third Party Provider for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our Website or Application (as applicable), notification to theThird Party provider or by direct communication to you unless otherwise noted. EveryMatch further reserves the right to withhold, remove and/or discard any content available as part of your account, with or without notice if deemed by EveryMatch to be
contrary to this Agreement. For the avoidance of doubt, EveryMatch has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services, Applications and/or the Third Party Provider.
B. Third Party Sites
EveryMatch is not responsible for and does not endorse or assume any responsibility for any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk and agree that your use shall be performed on an “as-is” basis without any warranty as to the Third Party Site and further acknowledge that EveryMatch will have no liability arising from your use of or access to any Third Party Sites.
Please note: If you allow a Third Party Site to authenticate to or connect with your EveryMatch account, that application or website can access information on EveryMatch related to you and your connections.
C. Disclosure of User Information.
D. Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. EveryMatch may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services, Applications and/or of the Third Party Provider. EveryMatch reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or terminate your account if EveryMatch determines, in our sole discretion, that doing so is necessary to enforce this Agreement or to protect other Users.
Please note that engagements with other Users under the Service, such as a match for playing golf or running, may include meeting and interacting with Users you are not acquainted with on a face to face basis. These kind of interactions shall require you to adopt certain precautions, such as finding out as many details about the person you are about to meet beforehand, arranging the meeting in a public place and arriving at the meeting with a friend or other person you are acquainted with or telling at least one friend or family member who you are meeting, where you are going and what time you expect to return, and if you have a mobile phone, always take it with you. You are also advised never to meet at the other User’s home on your first visit and not to get into a personal vehicle with someone that you are meeting for the first time.
You acknowledge that any such meetings are at your own risk and are not, in any way, in our responsibility. Furthermore, We and/or the Third Party Provider neither have a contractual obligation, responsibility or the technical means to: (i) verify the identity of persons who register as Users or use our Services, Applications or the Third Party Provider; or (ii) to verify or monitor User Content (although we reserve the right to monitor such if we deem it appropriate).As a User you are advised not to assume that any other User Content is accurate.
You should at all times exercise the same caution you would normally when you meet people. We and/or the Third Party Provider will not be liable for false or misleading statements by Users. It is also advisable not to provide your personal details, such as your phone number, personal email or instant messenger address to Users you find interesting straight away. As We are interested in the success of Our community We shall appreciate your help by alerting Us if you come across anything you feel is not right, such as a User profile which gives rise to your concerns, a message you received from another User which you deem inappropriate or any other User Content which is, in your opinion, inappropriate to be displayed as part of Our Services.
E. Intellectual Property Rights
EveryMatch retains all rights in the names and logos and any other Services, Applications and/or materials provided via the Third Party Provider materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) and any other materials uploaded or otherwise provided to you or to other Users through the Services, Applications and/or the Third Party Provider (collectively, “Proprietary Materials”).
The entire contents of the Proprietary Materials are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You may not use, copy, disseminate, transmit, modify, distribute, or create any derivative works from any Proprietary Materials. All other trademarks not owned by EveryMatch or its affiliates that appear on the Services are the property of their respective owners, who may or may not be affiliated with or connected to EveryMatch. If you fail to adhere to these provisions, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any Proprietary Materials, you agree to indemnify and hold harmless EveryMatch and its
affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers, including the Third Party Provider.
EveryMatch and/or its licensors and affiliates, including the Third Party Provider own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Proprietary Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Proprietary Materials, or rights to any derivative works thereof.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
WE PROVIDE THE INFORMATION AND SERVICES ON AN “AS-IS” AND “AS AVAILABLE” BASIS. EVERYMATCH DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND/OR THE THIRD PARTY PROVIDER DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY EVERYMATCH OR ANYTHING RELATED TO EVERYMATCH, YOU MAY CLOSE YOUR EVERYMATCH ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. EVERYMATCH AND/OR THE THIRD PARTY PROVIDER ARE NOT RESPONSIBLE, AND MAKE NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICES, APPLICATIONS AND/OR VIA THE THIRD PARTY PROVIDER TO ANYONE. IN ADDITION, WE AND/OR THE THIRD PARTY PROVIDER NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE, APPLICATIONS AND/OR THE THIRD PARTY PROVIDER WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE OR PLATFORM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
EVERYMATCH AND/OR THE THIRD PARTY PROVIDER DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DO THEY HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, EVERYMATCH AND/OR THE THIRD PARTY PROVIDER DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
EVERYMATCH AND/OR THE THIRD PARTY PROVIDER DO NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. EVERYMATCH AND/OR THE THIRD PARTY PROVIDER DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, EVERYMATCH AND/OR THE THIRD PARTY PROVIDER DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE OR APPLICATIONS DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
A. Limitation of Liability of EveryMatch.
Neither EveryMatch nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors, including the Third Party Provider (“EveryMatch Affiliates”) shall be cumulatively liable for (a) any direct damages in excess of the Fees paid by you to EveryMatch; or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data (including complete data loss) to you or any third person arising from your use of the Service, Applications and/or the Third Party Provider or any of the content or other materials on, accessed through or downloaded from EveryMatch. This limitation of liability is a material part of the engagement between you and Us and without it the terms and prices charged would be different.
A. Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to EveryMatch pursuant to Section 2.F. (“Notices and Service Messages”). This notice will be effective upon EveryMatch processing your notice. EveryMatch may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only EveryMatch or the party paying for the services may terminate your access to any Premium Services. Termination of your EveryMatch account includes disabling your access to the Services, Applications and/or to the Third Party Provider and may also bar you from any future use of EveryMatch, the Services, Applications and/or the Third Party Provider, as shall be determined in EveryMatch`s sole discretion.
B. Misuse of the Services.
EveryMatch may restrict, suspend or terminate the account of any User who abuses or misuses the Services, Applications and/or the Third Party Provider with or without prior notice. Misuse of the Services, Applications and/or the Third Party Provider includes abusing the EveryMatch messaging services; creating multiple or false profiles; using the Services
commercially without EveryMatch’s authorization, infringing any intellectual property rights, violating any of the actions listed in Section 2.J. above, or any other behavior that EveryMatch, in its sole discretion, deems contrary to its purpose.
C. Effect of Termination.
Upon the termination of your EveryMatch account, you lose access to the Services, Applications and/or to the Third Party Provider. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.A. hereof.
8. GOVERNING LAW; JURISDICTION
This Agreement or any claim, cause of action or dispute (“Claim” or “Claims”) arising out of or related to this Agreement shall be governed by the laws of the state of Israel (without giving effect to its conflict of laws principles) and the competent courts located in the city of Tel-Aviv, Israel, shall have sole and exclusive jurisdiction with respect to any Claims, unless provisions of applicable law are contrary to the aforementioned governing law and venue of jurisdiction provisions. You and EveryMatch agree to submit all such Claims to the personal jurisdiction of such courts for the purpose of litigation. Notwithstanding the above, you agree that EveryMatch shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. It is further clarified that the provisions of the United Nations Convention for the International Sale of Goods shall not apply to this Agreement.
9. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Statute of Limitations Agreement
In light of the special nature of the Agreement, you agree that notwithstanding any statute of limitations applicable to you, any claim you may have against EveryMatch or any of its affiliates, including the Third Party Provider shall be limited to twenty four (24) months as of its crystallization, and after such period shall be considered as not applicable, provisions of this section shall be deemed as a statute of limitations agreement between you and Us.
D. Notices and Service of Process.
In addition to Section 2.F. (“Notifications and Service Messages”), We may notify you via postings on www.everymatch.com. You may contact Us there.
Or via mail or courier at:
Additionally, EveryMatch accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
E. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EveryMatch services, third-party content or third party software.
F. Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
G. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any EveryMatch Affiliate, including the Third Party Provider, shall be deemed legally binding on any EveryMatch Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of EveryMatch.
H. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
I. Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.