By creating a user account on ZambianMatch.com , you are expressly manifesting Your assent to all terms set forth in this Agreement.
- ELIGIBILITY AND REGISTRATION
1.2. By becoming a Member, You represent and warrant that You:
- Are at least eighteen (18) years old;
- Are single or separated from Your spouse;
- Have not been convicted of violent crimes, including but not limited to domestic violence; assault and battery; sex-related crimes; child abuse or neglect; or stalking;
- Have not been convicted of multiple (greater than or equal to three) controlled-substance or alcohol-related offenses.
1.3. In consideration of Your use of this Web site, You agree to:
- Provide accurate, current and complete information about You;
- Maintain the security of Your password and identification;
- Maintain and promptly update any information You provide to keep it accurate, current, and complete;
- Be fully responsible for all use of Your account and any actions that take place through Your account;
- Not allow another person to use Your account.
1.4. To protect the integrity of our service or safety of other members, we reserve the right to deny Your membership application or suspend Your existing membership and demand proof of identification from You when we, in our sole discretion, decide it is necessary and appropriate. In the case of any denied application or suspended membership, We are not obligated to inform You of the reason for such denial or suspension.
1.5. By becoming a Member, You agree to accept and consent to receiving email communications initiated by Us or through Us including without limitation: new message notifications, Hotlist notifications, weekly match emails and emails informing You of changes to the Service. New message notification emails, Hotlist notifications, weekly match emails and emails informing You of changes to the Service are provided by Us as part of the operation of the Service and You agree to receive such messages for as long as You are a Member, unless You opt out from receiving such messages by disabling these features in the account preferences section of Your profile.
- PROHIBITED USES
2.1. You will use the Service in a manner consistent with any and all applicable laws and regulations. We are entitled to investigate and terminate Your membership if You have misused the Service or behaved in a way that could be regarded as inappropriate, unlawful or illegal. Following is a partial but not exhaustive list of the types of actions that are illegal or prohibited under this Agreement:
- The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavor. Organizations, companies, and/or businesses may not become Members and should not use the Service or Web site for any purpose. Illegal or unauthorized uses of the Web site, including collecting usernames or email addresses by electronic or other means for any purpose or linking to the Web site may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- You shall not engage in advertising to, or the solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. To protect Our Members against such conduct, We reserve the right to limit the number of messages any subscriber may send in a day.
- You are solely responsible for the content or information You publish or display (“Post”) on the Service or transmit to other Members. You will not Post on the Service or transmit to other Members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). You will not include in Your profile any offensive content, including but not limited to, offensive anatomical or sexual references or offensive sexually suggestive or connotative language.
- You will not hide Your IP address, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through this Service.
- You will not post any photos containing nudity or personal information.
- You will not impersonate any person or entity.
- You will not stalk or otherwise harass any person.
- You will not use any manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not express or imply that any of Your statements are endorsed by Us without Our specific prior written consent.
- You will not interfere with or disrupt any Service or any Web site, servers or networks connected to any Service or Web site.
- You will not post, distribute or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent from the owner of such proprietary material.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
2.2. Any violation of this section may result in Your membership termination and subject You to civil and/or criminal liability. The Company reserves the right to cooperate with law enforcement in any investigation.
2.3. Our customer service employees seek to make Your online experience enjoyable by providing You with assistance and guidance. When speaking to Our customer service employees on the telephone or communicating with them by any other means, You agree not to be abusive, obscene, profane, offensive, sexually suggestive, threatening, harassing or racially offensive.
- INTERACTION WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT ZAMBIANMATCH.COM DOES NOT IN ANY WAY SCREEN ITS MEMBERS NOR INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. ZAMBIANMATCH.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL ZAMBIANMATCH.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON. YOU UNDERSTAND THAT ZAMBIANMATCH.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) OR SEND MONEY TO OTHER MEMBERS.
- USER CONTENT
You retain full ownership of all Your user content and any intellectual property rights or other proprietary rights associated with Your user content. You understand and agree that the Company may, without obligation, review the site and delete or remove (without notice) any Web site content or user content in its sole discretion, for any reason or no reason. When You post user content to the site, You:
- Warrant that You own all rights to the content or that You have permission from the owner of the content to post the information.
- Authorize and direct Us to make such copies as We deem necessary in order to facilitate the posting and storage of the user content.
- Automatically grant Us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose, commercial, advertising, or otherwise. You represent and warrant that You have the right to grant Us this license.
- May remove Your user content from the site at any time. If You choose to remove Your user content, the license granted above will automatically expire; however You acknowledge that the Company may retain archived copies of Your user content. The Company does not assert any ownership over Your user content.
You shall not include in Your profile any telephone numbers, street addresses, last names, URLs, or e-mail addresses other than in response to Company prompts during sign-up or in the account section of ZambianMatch.com .
- THIRD PARTY CONTENT
The Web site may provide links to other World Wide Web sites or resources (“Third Party Sites”). These Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us and We are not responsible for any Third Party Sites accessed through this Web site. We do not endorse any content, advertising, products or other materials on or available from Third Party Sites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any Third Party Site.
- PROPRIETARY RIGHTS IN SITE CONTENT AND LIMITED LICENSE
All content on this Web site including designs, text, graphics, information, applications, software and other files and their selection and arrangement are the proprietary property of the Company. No Web site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without ZambianMatch.com prior written permission. This does not apply to Your own user content that You legally post on the site.
- SUBSCRIPTIONS AND CHARGES
7.1. You have the option of utilizing the services of this Web site through a “Free” Membership or a “Premium” Membership. You agree to abide by all terms of this Agreement regardless of the type of membership you have chosen.
7.2. The subscription plans and pricing offered by ZambianMatch.com are available on the subscription page.
7.3. You acknowledge that if you select a subscription plan with an automatic renewal feature Your subscription will be renewed at the prevailing rate until You disable the automatic renewal feature by submitting a request to cancel automatic renewal or deleting Your account. Automatic renewal charges will be automatically billed to Your credit card or collected by another payment method You specify and You authorize all such charges. You accept responsibility for all automatic renewal charges prior to cancellation.
7.4. To withdraw Your automatic renewal authorization or cancel Your subscription, please send an email to payments@ZambianMatch.com or submit a ticket at the Contact Us page of Our Web site. If such cancellation notice is submitted it will not affect Your responsibility for charges incurred before We reasonably could act (48 hours).
7.5. All purchases are final. No refund will be given for unused portions of Your subscription period.
You are solely responsible for Your interactions with other ZambianMatch.com Members. We reserve the right, but are not obligated, to monitor disputes between You and other Members and to take appropriate action.
10.1. THE SITE SERVICES PROVIDED BY THE COMPANY OR ANY OF OUR LICENSORS OR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS”, AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.2. ALTHOUGH EACH MEMBER MUST AGREE TO OUR TERMS AND CONDITIONS, WE CANNOT GUARANTEE THAT EACH MEMBER IS AT LEAST THE REQUIRED MINIMUM AGE, NOR DO WE ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE SERVICE BY PERSONS UNDER THE AGE OF 18 IN VIOLATION OF THIS AGREEMENT. ALSO, IT IS POSSIBLE THAT OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS OR “SCAMMERS”) MAY POST OR TRANSMIT OFFENSIVE OR OBSCENE MATERIALS THROUGH THE SERVICE AND THAT YOU MAY BE INVOLUNTARILY EXPOSED TO SUCH OFFENSIVE OR OBSCENE MATERIALS. IT ALSO IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICE. THOSE OTHERS MAY USE YOUR INFORMATION FOR PURPOSES OTHER THAN WHAT YOU INTENDED. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICE. YOU MUST CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICE OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. WE TAKE VARIOUS MEASURES TO PREVENT UNAUTHORIZED MEMBERS OR VISITORS FROM ACCESSING AND USING THE WEB SITE, BUT WE DO NOT SCREEN OUR MEMBERS OR CONDUCT BACKGROUND CHECKS AND CANNOT ENSURE THAT EACH MEMBER ON THE WEB SITE IS GENUINE AND COMPLIES WITH THIS AGREEMENT.
10.3. ZAMBIANMATCH.COM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USER’S OR ANY OTHER PERSON’S COMPUTER OR OTHER HARDWARE OR SOFTWARE RELATED TO OR RESULTING FROM USING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THIS SITE OR SERVICE, ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON OR THROUGH THE SITE OR SERVICE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
10.4. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE, WHETHER POSTED OR CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE OR SERVICE.
- LIMITATION ON LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO BODILY INJURY, EMOTIONAL DISTRESS OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THIS SERVICE.
- JURISDICTION AND CHOICE OF LAW
This Agreement is governed by the laws of the Republic of Lithuania without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the courts of the Republic of Lithuania, City of Kaunas, with regard to any and all claims by You arising out of or related to the Web site or Service. Any cause of action You may have with respect to this site or Service must be commenced within 30 days after it arises or the cause of action is barred. You agree that any amount recoverable by You will be limited to the amount actually charged and collected from You by the Company, less any applicable taxes and/or transaction fees. You agree to waive any and all damages or awards above and beyond the amount actually charged and collected.
You agree to indemnify and hold the Company, its directors, officers, agents and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Third Party Applications, Software or content You post or share on or through the Site, Your use of the Service or Site, Your conduct in connection with the Service or Site or with other users of the Service or Site, or any violation of this Agreement or of any law or the rights of any Third Party.
13.1. This Agreement will remain in full force and effect while You use the Service or are a Member. You may terminate Your membership at any time via the Web site Account section or by sending Us an email notice of termination. To learn how to terminate Your membership, visit the Help section of the Web site.
13.2. We retain the right to terminate Your membership at any time, for any reason, with or without cause.
13.3. We reserve the right to sign out, terminate, delete, or purge Your account from the Service due to inactivity. We shall determine the requisite period of inactivity in Our discretion.
14.1. You hereby represent and warrant that You have all necessary authority to enter into and perform the obligations under this Agreement without the consent of any Third Party or breach of any contract or agreement with any Third Party.
14.2. You may not assign any rights or delegate any duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
14.3. The Company reserves the right at any time, in its sole discretion, to block Members, IP addresses, networks or Users from specific countries, regions, states, provinces, or cities from accessing ZambianMatch.com .
14.5. You agree that, except as otherwise expressly provided in this Agreement, there shall be no Third Party beneficiaries to this Agreement.