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Welcome to M4M.com, the online personals service for adults to meet each
other operated by M4M.com ("M4M.com"). By using the M4M.com Website
(the "Website") you agree to be bound by these Terms of Service (this
"Agreement"), whether or not you register as a member
("Member"). If you wish to become a Member and communicate with other
Members and make use of the M4M.com service (the "Service"), read
these Terms of Service and indicate your acceptance of them by following the
instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website
and your membership in the Service and may be modified by M4M.com for any
reason at any time without notification, such modifications to be effective
upon posting by M4M.com on the Website. We (M4M.com) reserve the right to
change or update the Terms of Service without notice. Please check back to this
Terms of Service page so that you can be apprised of any updates or changes to
the Terms of Service. This Agreement includes M4M.com's Acceptable Use Policy
for Content Posted on the Website, M4M.com's Privacy Policy, and any notices
regarding the Website.
Eligibility
By your use of this website, you warrant and represent that you are at least
18 years of age. Membership in the Service is void where prohibited. By using
the Website, 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.
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
Website in a way that institutes copyright infringement, please notify and
provide us with the following information: an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been
infringed upon; a description of where the material that you claim is
infringing is located on the Website; 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 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 owner or authorized to
act on the copyright owner's behalf. M4M.com'sCopyright Agent for notice of
claims of copyright infringement can be reached as follows: ip@m4m.com.
Privacy
The personal information (including sensitive personal information) you
provide to M4M.com will be stored on computers. You consent to our use of this
information to build up a profile of interests, preferences and browsing
patterns and to allow you to participate in the Service. You also agree to
read, review, comply with, uphold and maintain M4M.com’s Privacy Policy and the
terms and conditions thereof. If you reside and/or are located outside of the United
States, please note that the information that you provide is being sent to the United
States. By becoming a member of the Service, you agree and consent to your data being sent to the United
States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.
Your use of the Website and/or the Service is also governed by our Privacy
Policy.
Term
This Agreement will remain in full force and effect while you use the
Website and/or are a Member. You may terminate your membership at any time, for
any reason by following the instructions once you log into your M4M.com account
or upon receipt by M4M.com of your written and signed or email notice of
termination. M4M.com reserves the right to terminate any membership at any
time, for any reason or no reason, with or without notice. In addition, any
member(s) who violate these Terms and Conditions may have their membership
terminated, services cancelled, and their pages and materials, or portions
thereof, suspended, deleted or removed without notice or warning. M4M.com will
not return any removed materials to a member. M4M.com shall not responsible for
any loss of data and/or information resulting from termination of membership or
removal of member material. If M4M.com terminates your membership in the
Service because you have breached the Agreement, you will not be entitled to
any refund of unused subscription fees. Even after membership is terminated,
this Agreement will remain in effect. You are entirely responsible for maintaining
the confidentiality of both your account information and password, and are
entirely responsible for any and all activities that occur under your account.
You alone are fully responsibility for all the information provided in your
profile. You agree to notify us immediately of any unauthorized use of your
account or password and of any other breach in security.
The Website is for the personal use of individual Members only and may not
be used in connection with any commercial endeavors or activities.
Organizations, companies, corporations, and/or businesses of any kind may not
become Members and should not use the Service or the Website for any purpose.
Any type of illegal and/or unauthorized use of the Website, including, but not
limited to, collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited email and
unauthorized framing of or linking to the Website will be investigated, and we
will take appropriate legal action, including without limitation, civil,
criminal, and injunctive redress.
Proprietary Rights in Content on M4M.com
M4M.com owns and retains all proprietary rights in the Website and the
Service. The website contains the copyrighted material, trademarks, and other
proprietary information of M4M.com, and its licensors. Except for that
information which is public domain or for which you have been given written
permission from the owner(s) of the proprietary information, you may not copy,
display, distribute, modify, perform, publish, transmit, or sell any such
proprietary information.
Content and Material Posted on the Website
1. You consent to and agree to M4M.com reviewing and deleting for any
reason, any content, emails, messages, M4M.com Messenger messages, photos or profiles
(collectively, "Content") that in the sole judgment of M4M.com
violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members and/or others.
2. You alone are solely responsible for the Content that you publish,
display, or post on the Service, or transmit to other Members and users.
3. By posting Content to any public area of M4M.com, you automatically
grant, and you represent and warrant that you have the right to grant, to M4M.com
an irrevocable, perpetual, non-exclusive, fully paid, worldwide 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.
4. The following is a partial list of the kind of Content that is illegal or
prohibited on the Website. M4M.com reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing and/or deleting the
offending communication and material from the Service and terminating the
membership of such violators. It includes Content, but not limited to, that:
- is patently offensive to the
online community, such as Content that promotes racism, bigotry, hatred or
physical harm of any kind against any individual or group;
- harasses or advocates
harassment of another person(s);
- 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, offensive, defamatory or libelous;
- promotes an illegal or
unauthorized 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);
- provides material that
exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18;
- provides instructional
information about illegal activities such as making or buying illegal
drugs, 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 users; and
- engages
in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
5. You must use the Service in a manner consistent with any and all
applicable laws and regulations.
6. You may not include in your Member profile any contact information such as
(but not limited to) telephone numbers, street addresses, last names, URLs or
email addresses.
Advertising
You may not engage in any form of advertising to, or solicitation of, other
Members to buy or sell any products or services through the Service. You may
not transmit any chain letters or junk email to other Members. Although M4M.com
cannot monitor the conduct of its Members off the Website, it is also a
violation of these rules to use any information obtained from the Service in
order to abuse, harass, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or solicitation,
M4M.com reserves the right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number which M4M.com deems
appropriate in its sole discretion.
Member Disputes
You are solely and fully responsible for your interactions with other
M4M.com Members. M4M.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Disclaimers
M4M.com does not represent or endorse the accuracy or reliability of any
advice, opinion, statement or other information displayed, uploaded or
distributed through the Service by us, our partners or any member or any other
person or entity.
M4M.com is not responsible for any incorrect or inaccurate content posted on
the Website or in connection with the Service, whether caused by users of the
Website, Members or by any of the equipment or programming associated with or
used in the Service. M4M.com is not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service. M4M.com
assumes no responsibility for any error, interruption, omission, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user or Member
communications. M4M.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online 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 users and/or
Members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the Web and/or in
connection with the Service. Under no circumstances will M4M.com be responsible
for any loss or damage, including personal injury or death, resulting from
anyone's use of the Website or the Service, any Content posted on the Website
or transmitted to Members, or any interactions between users of the Website,
whether online or offline. The Website and the Service are provided on an
"AS-IS" basis and M4M.com expressly disclaims any guarantee or
warranty of fitness for a particular purpose or non-infringement. M4M.com
cannot guarantee and does not promise any specific results from use of the Website
and/or the Service.
Disputes
If there is any dispute about or involving the Website and/or the Service,
by using the Website, you agree that the dispute will be governed by the laws
of the State of California
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 California,
City of Los Angeles.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event
will M4M.com be liable to you or any third person for, including, but not
limited to negligence, any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising from your use
of the Web site or the Service, even if M4M.com has been advised of the
possibility of such damages. You agree that your use of the website and its
services is at your own risk and you are solely responsible for your actions
and conduct during your use of the website and its services and any actions and
conduct online or offline. You also agree that anything to the contrary
contained herein, M4M.com’s liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the
amount paid, if any, by you to M4M.com for the Service during the term of
membership. M4M.com is also not liable (including liability for negligence) for
the acts or omissions of providers of telecommunication services or for faults
in or failures of their equipment, networks, connections and any and all
services.
You specifically agree that M4M.com is not responsible or liable to you or
anyone else for any threatening, defamatory, obscene, offensive, upsetting, or
illegal activity and/or conduct of any other party or any infringement of
another's rights, including intellectual property rights, occurring on or
through or related to the Service. If you are in any way not satisfied with the
website and/or service, the content and/or materials available on or through
the Service, or with the Terms of Service or Privacy Policy, then your sole and
exclusive remedy is to discontinue your use of the Website and/or Service.
Indemnification
You agree to indemnify and hold M4M.com, its subsidiaries, affiliates,
owners, operators, officers, agents, and other partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use of the Website
and/or Service including any violation(s) of this Agreement and/or as a result
from a breach of this Agreement and/or any breach of your representations and
warranties set forth above. If you are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
This Agreement becomes accepted and in force upon use of the Website and
further affirmed by becoming a Member of the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
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