Terms of Use

The terms set forth in this Agreement govern your use of Matchndate. When you create a Matchndate account or use the Matchndate app, you agree to the terms contained in this Agreement. If you do not accept and agree to be bound by all of the terms, provisions and conditions in this Agreement, you should not access or use Matchndate.

ARBITRATION NOTICE: YOU UNDERSTAND THAT THESE TERMS CONTAIN A PRE-DISPUTE ARBITRATION CLAUSE. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

We may make changes to this Agreement at any time without prior notice. The most recent version of this Agreement will be posted on https://matchndates.com. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you by reasonable means, which could include notification through the app or via email. If you continue to use Matchndate after any changes to this Agreement, then you agree to the modified terms of this Agreement. Changes may include superseding Terms.

Your Commitments to Matchndate

Other Users’ Content. Other users will also share content on Matchndate. The content of these other users belongs to the users who posted the content. You acknowledge and agree that you do not have any rights in relation to other users’ content, and, unless expressly authorized by use, you may only use other users’ content to the extent that your use is consistent with the uses and purposes of Matchndate. The restrictions in this Agreement also apply to your use of other users’ content.

Our Content. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, enhancements, upgrades, and other intellectual property appearing on Matchndate is owned, controlled, or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to our content remains with us at all times.

We grant you a limited, revocable, non-exclusive, non-transferable, right to access and use Matchndate in accordance with the functionality made available to you. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to Matchndate. Any use of Matchndate that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use of Matchndate. You are not acquiring any rights in or to our content other than a non-exclusive right to access and use Matchndate solely in accordance with the terms of this Agreement.

Who Can Use Matchndate. You must be at least 18 years of age to use or create an account on Matchndate. By using or creating an account on Matchndate, you represent and warrant that:

• You are at least 18 years of age.
• You are capable of forming a binding agreement with Matchndate.
• You are lawfully permitted to use Matchndate in the jurisdiction in which you use Matchndate or reside.
• You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws and regulatory requirements, in your use of Matchndate’s services.
• You have not committed, been convicted of, or pled no contest to a felony, sex crime or any crime involving violence or a threat of violence, and you are not required to register as a sex offender with any state, federal or local sex offender registry.
• You have not previously been removed or banned from using Matchndate.

If at any time you cease to meet these requirements, you may no longer use Matchndate, and you agree to delete your account immediately.

How You May Not Use Matchndate.

In exchange for the ability to use Matchndate, you agree to make the following commitments regarding the content you share on Matchndate:

You may not impersonate others. You agree to use your real name and age in creating your Matchndate account and in modifying your profile.

You may not stalk or harass any other user of Matchndate.

You agree to follow Matchndate’s instructions on uploading only videos and images that you create natively within the app.

You may not post any content that threatens violence, is sexually explicit or pornographic, incites violence or contains nudity or violence.

You may not do anything unlawful, misleading or fraudulent or for an illegal or unauthorized purpose.

You may not use Matchndate for any commercial purpose.

You may not upload content that violates a third-party’s legal rights.

You may not sell, license or purchase any account or data obtained from Matchndate or the app.

You may not post someone else’s private or confidential information without their permission.

You may not modify, translate, create derivative works of or reverse engineer our app or any component parts of Matchndate.

You may not copy, modify, transmit, make use of or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks or other intellectual property, content or proprietary information accessible through Matchndate.

You may not develop, support or use software, devices, scripts, robots, other types of code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape, collect, or otherwise exfiltrate data from Matchndate or its services, or otherwise copy profiles and other data from Matchndate.

You may not upload viruses or other malicious code or otherwise compromise the security of Matchndate.

You may not upload content on Matchndate or use Matchndate in a way that violates these Terms.

You agree not to encourage, promote or engage in any activity that violates this Agreement.

You agree to report content that violates these Terms.

Matchndate may investigate and take any available legal action in response to illegal or unauthorized use of Matchndate’s services, including termination of your account or removal of material that violates this Agreement.

Matchndate shall have the right at its sole discretion to terminate or suspend any account (or restrict access to any services) in order to enforce this Agreement at any time without liability and without the need to give you any prior notice. Matchndate shall also have the right to terminate or suspend your account without notice (i) for violating these Terms, (ii) due to your conduct on or off the app in relation to other users, if we, in our sole discretion, determine your conduct was inappropriate or improper or (iii) for any reasons whatsoever that we deem, in our sole discretion, justifies termination or suspension.

Permissions That You Give To Us.

As part of this Agreement, you give Matchndate certain permissions regarding the content you upload to Matchndate, as follows: We do not claim ownership of your content, but you grant us a license to use it. When you share, post or upload content that is covered by intellectual property rights on or in connection with Matchndate, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license will end when your content is deleted from our systems. You may delete content individually or all at once by deleting your account. You agree that we may monitor or review any content you post on Matchndate. We may delete any content, in whole or in part, that in our sole judgment violates this Agreement or may harm Matchndate’s reputation. You agree that Matchndate may access, store and disclose your account information and content if required to do so by law, in providing the services of the app, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of any user or third-party.

Accounts

Access to certain features on the Matchndate app may require you to be registered with Matchndate via a Matchndate-generated registration form, which may rely on third party tools for user name and password authentication. This form will require you to provide certain requested information, including personal information. Upon successful completion of this form, you will be provided with an account and login information including a user name and password to successfully complete the registration process. You are the only person authorized to access and use your account. For more information about our collection of personal information about you in connection with account registration on Matchndate, please review our Privacy Policy. You must immediately notify us if your registration information changes or if you learn of (or have reason to suspect) any unauthorized use of your account or other security breach. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular user name for any reason, including without limitation if we have reason to believe that such user name impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive. Matchndate may allow you to store your login credentials in your web browser so that you may be automatically logged in each time you access this Site. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to Matchndate resulting from unauthorized access to your account, and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using Matchndate on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using Matchndate, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES. You further understand and agree that the terms and conditions applicable to the App Store or Google Play, as applicable, apply to you in addition to this Agreement.

Payment/Subscriptions

Payment. To subscribe to Matchndate, you may be required to provide information regarding your credit card, ACH or checking information (“Payment Method”) to Matchndate or our third-party e-commerce platform providers. You represent and warrant to Matchndate that the information pertaining to your Payment Method is true and that you are an authorized user of the Payment Method. You hereby authorize us (or our third-party payment provider) to bill to your Payment Method in accordance with the terms of the subscription you are purchasing. You agree to pay to Matchndate the fees for each Service you purchase. If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee up to the maximum amount permitted under applicable law and seek any other damages or remedies available. Payment.Managing Payment Method. When providing a Payment Method, we (or our third-party payment provider) may allow you to keep such Payment Method on file in order to facilitate recurring subscription payments. If you want to use a different Payment Method than the one you signed up to use during registration, you may edit your Payment Method information by logging into your account management tools on Matchndate. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, we may cancel your subscription without notice. Subscriptions.We may offer some services as automatically-renewing subscriptions. IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL SUCH SUBSCRIPTION. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period. Deleting your account or deleting the application from your device may not cancel your subscription. Refunds. ALL CHARGES FOR PURCHASES ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Taxes. You are responsible for, and agree to pay, all taxes, fees, and any other duties or surcharges set by any governmental agency or taxing authority. You agree to indemnify and hold Matchndate harmless for any liability for taxes owed in connection with your purchase of the app. Billing Details.Please contact us if you believe there are any billing errors, or if you have any other questions related to your account history or bill. Unless otherwise provided by law, you must still pay any disputed charges until the dispute is resolved.

Disclaimers

Matchndate provides its services on an “as is” and “as available” basis. We cannot guarantee that the app will be safe or secure or will work perfectly all the time. To the extent permitted by applicable law, Matchndate disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Although Matchndate reserves the right to review and remove content that violates this Agreement, such content is the sole responsibility of the member who posts it, and Matchndate cannot guarantee that all content will comply with this Agreement. Matchndate assumes no responsibility for any content that you or another user or third-party posts, sends or receives through Matchndate. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk. Your use of Matchndate or any service that it provides is at your sole risk. You are solely responsible for your interactions with other members. Matchndate assumes no responsibility for your conduct or the conduct of any other member on or off the app or in connection with any service that Matchndate provides. You acknowledge that Matchndate does not conduct criminal background checks on its members. Matchndate may include links to other websites or Internet resources, or utilize the services or content of our partners or other third parties (collectively, “Third Party Materials”). Because we have no control over Third Party Materials or the administration of Third Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Materials (or for any privacy or other practices of the third parties operating those website or providing such materials). You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third-party websites and Third Party Materials. The information provided in the app is not intended for distribution to (or use by) any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us to any registration requirement within such jurisdiction or country. Neither this Agreement nor the app will be considered a solicitation for or offering of any investment or service to any person or entity in any jurisdiction where the same would be illegal.

YOU UNDERSTAND THAT WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WE RESERVE THE RIGHT (BUT ARE NOT OBLIGATED) TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

Limitation of Liability

Matchndate’s responsibility for anything that happens on the service (also called “liability”) is limited to liability required by applicable law. If there is an issue with Matchndate’s service, we cannot know the possible impacts of such service issue. You agree that we will not be responsible (“liable”) for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to this Agreement or the use or loss of use of Matchndate’s services, even if Matchndate has been advised of the possibility of such damages or losses. This includes damages arising out of our deletion of your content, information or account. Our aggregate liability arising out of or relating to this Agreement will not exceed the greater of $100 and the amount that you have paid us in the past twelve (12) months. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, exclusions may not apply to you.

Indemnity

You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with this Agreement or your use of Matchndate’s services (including to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of Matchndate’s services or the app attributable to you or that occurs through the use of your account). You also agree to indemnify, defend and hold Matchndate harmless in connection with the alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by any other person or entity against Matchndate in connection with any user generated content that you provide, post or distribute.

Furthermore, you agree to release Matchndate and its affiliates together with all of their respective officers, directors, managers, agents, subsidiaries, and employees, from any and all liability and obligations whatsoever in connection with your use of Matchndate’s services. If at any time you are not happy with Matchndate’s services, your sole remedy is to cease using the services.

You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Governing Law

This Agreement will be governed by and construed in accordance with the law of the State of New York, without regard to conflict of laws principles.

Dispute Resolution

If you have a legal dispute with Matchndate, except where prohibited by applicable law, the Parties hereby agree to proceed as follows.

Any dispute, claim or controversy between you and Matchndate that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), or Matchndate’s relationship with you (collectively, “Dispute”) shall be exclusively resolved through binding individual arbitration except as specifically provided otherwise herein. “Dispute”

as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. You and Matchndate each waive the right to a jury trial and the right to litigate disputes in court in favor of individual arbitration (except as set forth below). You and Matchndate each waive the right to file or participate in a class action against the other or otherwise to seek relief on a class basis. If there is a judicial determination that any particular claim cannot be arbitrated in accordance with this provision’s limitations, then only that claim may be brought in court. All other claims remain subject to this provision.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, user name, email address or phone number you use for your Matchndate account, a detailed description of the dispute and the relief that you seek. Any Notice of Dispute that you send to us should be emailed to us at support@matchndates.com with a copy mailed to PO Box 1824, Middleburg, VA 20118. Before we commence arbitration, we will send you a Notice of Dispute to the email address that you use with your Matchndate account (or by other appropriate means). If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent VCorp Services, LLC, 1013 Centre Road, Suite 403-B, Wilmington, DE 19805. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000 (not inclusive of attorneys’ fees and interest) shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Matchndate will pay them for you. In addition, Matchndate will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines that the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either you or Matchndate may elect to have an individual claim heard in a small claims court having jurisdiction over the claim. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the arbitrator to decide, including but not limited to scope and enforceability of this Agreement, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed.

You may opt out of this provision within 30 days of the date that you agreed to this Agreement. To opt out, you must send your name, residence address, user name, email address or phone number you use for your Matchndate account (and a clear statement that you want to opt out of this arbitration agreement) to: support@matchndates.com.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE; AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in the State of New York. All other claims shall be arbitrated.

YOU AND Matchndate HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Matchndate are instead electing that all claims and disputes shall be resolved by arbitration under this Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

The foregoing shall not preclude Matchndate from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of Matchndate’s intellectual property.

Miscellaneous.

Entire Agreement. These Terms set forth the entire understanding and agreement between you and Matchndate with respect to the subject matter hereof.

Severability. If any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Agreement shall continue in full force and effect.

Waivers.No waiver by us of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at the time of such waiver or a waiver of that or any other right, term or provision of these Terms at any other time.

Privacy Policy

Please visit Privacy policy to review the Matchndate Privacy Policy.