This Agreement sets out the legally binding terms of your use of the Web site
and your membership in the Service and may be modified by Magic Match Party, LLC
(hereinafter, "Company") at any time and without prior notice, such
modifications to be effective upon posting by Company on the Web site. This
Agreement includes Company's acceptable use policy for content posted on the
web site, Company's Privacy Policy, and any notices regarding the Web site.
Term
This Agreement will remain in full force and effect while you use the Web site
and/or are a Member. You may terminate your membership at any time, for any
reason by following the instructions on the Cancel Account page in Account
Settings. Company may terminate your membership for any reason, at any time. If
Company 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.
Non-Commercial Use by Members
The Web site is for the personal use of individual Members and their Guests
only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members and should
not use the Service or the Web site for any purpose. Illegal and/or
unauthorized uses of the Web site, including 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 Web site will
be investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress.
Content Posted on the Site.
You understand and agree that Company may review and delete any content,
messages, photos or profiles (collectively, "Content") that in the sole
judgment of Company violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
Members, Users and/or other Individuals. Should you choose to post a profile of
yourself on our Web Site, your profile must describe you, an individual person.
Examples of inappropriate profiles include, but are not limited to, profiles
that purport to represent an animal, place, inanimate object, fictional
character, or real individual who is not you. You are solely responsible for
the Content that you publish or display (hereinafter, "post") on the Service,
or transmit to other Members and/or individuals.
By posting Content to any public area of Company Web Site, you automatically
grant, and you represent and warrant that you have the right to grant, to
Company 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.
The following is a partial list of the kind of Content that is illegal or
prohibited on the Web site. Company reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such
violators. It includes Content that:
a. Is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
b. Harasses or advocates harassment of another person;
c. Involves the transmission of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming";
d. Promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
e. 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;
f. Contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page) ;
g. Displays pornographic or sexually explicit material of any kind;
h. Provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
i. Provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
j. Solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and
k. Engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
Even though all of this is strictly prohibited, there is a small chance that
you might become exposed to such items and you further waive your right to any
damages (from any party) related to such exposure.
You may not engage in advertising to, or solicitation of, other Members to buy
or sell any products or services through this Web Site. You may not transmit
any chain letters or junk email to other Members. Although Company cannot
monitor the conduct of its Members off the Web site, it is also a violation of
these rules to use any information obtained from the Service in order to
harass, abuse, 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, Company reserves
the right to restrict the number of emails that a Member may send to other
Members in any 24-hour period to a number which Company deems appropriate in
its sole discretion.
Limitation of Liability for Use of Web Site
Under no circumstances, including, but not limited to, negligence, shall
Company be liable for any special or consequential damages that result from the
use of, or the inability to use, the materials in this site, even if the
Company, or a prior authorized representative of the Company, has been advised
of the possibility of such damages. Company will not be liable for any damages
of any kind, including consequential or incidental damages, arising from the
installation, submission, maintenance, transmission, modification, copying,
distribution or any use of any materials. Applicable laws may not allow the
limitation or exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you. In no event shall the
Company's total liability to you for all damages, losses, and causes of action
(whether in contract, or including, but not limited to, negligence, or
otherwise) exceed the amount paid by you, if any, for accessing this site.
Limitation of Liability at Magic Match Party, LLC Events
Under no circumstances, including, but not limited to, negligence and/or
intentional acts, shall Company be liable for any special, incidental and/or
consequential damages that result from your attendance at a Company event of
any kind. Company will not be liable for any damages of any kind, including
consequential or incidental damages, arising from any purposeful, negligent,
accidental, willful, malicious, unwelcome and/or wanton act committed by either
you or any third-party at all, whether or not said act resulted in any injury
of any kind.
Disclaimer
NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE MATERIALS IN, OR
OPERATIONS OF, THIS WEBSITE. IN PARTICULAR, THE COMPANY'S DISCLAIMER OF ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE
COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THESE RULES REPRESENT THE ENTIRE
AGREEMENT BETWEEN YOU AND THE COMPANY AND MAY NOT BE MODIFIED EXCEPT BY A
SIGNED WRITTEN AGREEMENT.
Jurisdictional Issues
This agreement, and all rights and liabilities arising therefrom, shall be
governed by and construed according to the laws of the State of New York
without regard to choice of law rules. If any provision of this agreement shall
be declared by a court of law invalid, illegal, unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement and all other provisions shall remain in full force and effect. This
is the entire agreement between the parties relating to the subject matter
herein and shall not be modified except in writing, signed by both parties.
This site is controlled and operated by the Company from its offices within the
State of New York. The Company makes no representation that materials in the
site are appropriate or available for use outside the United States. Those who
choose to access this site from outside the United States do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Should software be made available on this
site at any time in the future, it will be further subject to United States
export controls. No such said software from this site may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the
United States has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such county or on any such list.
Termination
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from the
Company's site(s), and all related documentation and all copies and
installations thereof, whether made under the terms of this agreement or
otherwise. This agreement will terminate immediately without notice from the
Company if in the Company's sole discretion you fail to comply with any term or
provision of this agreement. Upon termination, you must destroy all materials
obtained from this site and any and all other of the Company's site(s), and all
copies thereof, whether made under the terms of this agreement or otherwise.
Additional Restrictions
Due to territorial restrictions placed upon the Company by partners, the
Company may not be able to fulfill certain orders. The Company will attempt to
contact the purchaser or user when such a restriction presents itself, however
the Company is under no contractual or legal obligation to so inform the
purchaser or user of any restrictions on delivery, and no liability whatsoever,
either contractually or legally, will be derived from such a failure to notify.
COPYRIGHT
Terms of Use
Please read these terms of use carefully prior to using this site. By using
this site, you signify your assent to these terms of use. If you are not in
complete agreement with these terms, and do not wish to be bound by them,
please do not use this site.
Restrictions on the Use Of Materials
Magic Match Party, LLC, owns this site. (hereinafter, "Company"). No information,
communications, software, photos, text, video, graphics, music sounds, images
and/or other materials and services (collectively "Content") may be copied,
reproduced, republished, downloaded, uploaded, posted, transmitted, or
distributed without the prior written permission of the Company. Modifications
or use of the Content for any commercial purpose is a violation of copyright,
trademark and other proprietary (including intellectual property) rights
(collectively "Rights"). These Rights are valid and protected in all media now
existing and/or later developed, and except as specifically provided in these
terms, your use of the Content shall be governed and constrained by applicable
copyright, trademark and other intellectual property laws. In keeping with the
spirit of the Internet, it is the policy of the Company to permit casual,
non-commercial redistribution of any informational materials; that is,
redistribution of information where no separate or direct communication is
involved. This means that, for no personal or commercial gain, an Internet user
may download a file and share it with others. COMMERCIAL PUBLICATION OR
EXPLOITATION OF THE COMPANY'S FILES IS SPECIFICALLY PROHIBITED.
Unsolicited Third-Party Ideas and E-Mail Messages
The Company encourages its users to share their comments and ideas with other
users and with us. All remarks, suggestions, ideas, graphics, or other
information communicated to the Company through this site (collectively the
"Submission") will forever be the property of the Company. The Company will not
be required to treat any such submissions as confidential, and will not be
liable for the use of any ideas for its business (including, without
limitation, product or advertising ideas) and will not incur any liability as a
result of any similarities to any Submission that may appear in future
marketing efforts or operations. Without limitation, the Company will have
exclusive ownership of all present and future existing rights to the Submission
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Submission (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any Rights that
may exist in such Submission. The Company will be entitled to use the
Submission for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not the Company, have
full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
