Terms of use
HeathenMatch.com
Terms of Use Agreement
October 1, 2015
Welcome to HeathnMatch.com
(HM), the service for single adults
to meet each other online, operated by Palm Island Inc. (The Company).
By accessing the HM website,
including through a mobile application, (the "Website") you
agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member of HM. If you wish to become a member
and make use of the HM service (the "Service"), please read
these Terms of Use. The term "Website" is deemed to refer to using of
the Service by means of a computer, a mobile device or a mobile application.
If you do not accept and agree to be bound by
all of the terms of this Agreement, including the HM Privacy Policy, do not use
the Website or the Service. Please contact us with any questions regarding this
Agreement.
- Acceptance of Terms of Use Agreement.
a. This Agreement is an electronic contract that
establishes the legally binding terms you must accept to use the Website and to
become a "Member." For purposes of this Agreement, the term
"Member" means a person who provides information to the Company on
the Website or to participate in the Service in any manner, whether such person
uses the Service as a free member or a subscriber. You acknowledge and agree
that Members of HM may be part an online community that includes other websites
owned by the Company or its affiliates. This Agreement includes the Company’s (i) Privacy Policy, and (ii) terms disclosed and agreed to
by you if you become a subscriber or if you purchase or accept additional
features, products or services we offer on the Website, such as state-specific
terms and terms governing features, billing, free trials, discounts and
promotions.
b. By accessing the Website or using the Service,
you accept this Agreement and agree to the terms, conditions and notices
contained or referenced herein and consent to have this Agreement and all
notices provided to you in electronic form. Please print a copy of this
Agreement for your records. To receive a non-electronic copy of this Agreement,
please Contact Us or send a letter and self-addressed stamped envelope with
sufficient postage to: Palm Island Inc, P.O. Box 224,
Orlean, VA 20128. This Agreement may be modified by
the Company from time to time, such modifications to be effective upon posting
by the Company on the Website.
c. By using the Service, you consent to receive
this Agreement in electronic form by using the Service. To withdraw this
consent, you must cease using the Service and terminate your account.
- Eligibility.
You must be at least
18 years of age to access and use the Service. Any use of the Service is void
where prohibited. By accessing and 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. If you
become a Member, you represent and warrant that you are not required to
register as a sex offender with any government entity. Using the Service may be
prohibited or restricted in certain countries. If you use the Service from
outside of the United States, you are responsible for complying with the laws
and regulations of the territory from which you access or use the Website or
Service.
- Membership and Subscription.
You may register as a
Member at no cost. As a Member, you may use some, but not all, of the features
and services available within the Service. To access or use additional features
and services, including the ability to communicate with other Members that are
subscribers, you must become a paying subscriber to the Service. The
subscription policies that are disclosed to you when you subscribe to the
Service are a part of this Agreement. Absent special offers, you acknowledge
and agree that if you are (i) not a subscriber, you
will not be able to use all the features and services available within the
Service, including communicating with other Members, and (ii) a subscriber,
non-subscribing Members will not be able to use the Service to communicate with
you. A Member profile (both subscribers and non-subscribers) may remain posted
on the Website even if that Member is not actively using the Service. You
acknowledge that although a Member’s profile may be viewed, you may not (even
as a subscriber) be able to use the Service to communicate with that Member if
he or she is not then actively using the Service.
Because HM is
celebrating the unique differences between people. No member will be allowed to criticizes,
degrade or bully others. Any of these action we terminate you subscription to
the site and you will no longer have users of our services. You will be banned from all use.
- Term and Termination.
a. This Agreement will remain in full force and
effect while you use the Service and/or are a Member.
b. You may change or cancel your membership at
any time, for any reason, by following the instructions on the "change/
cancel membership" or similar page on your "Profile" page. You
may change or cancel your subscription at any time online by following the
instructions on the on your "Account Information" page under
edit/view profile. You may also cancel your membership by sending the Company
written notice of cancellation to Palm Island, P.O. Box 224, Orlean, VA 20128 or by email notice of cancellation to MKT@HeathenMatch.com If you cancel your
membership via the Website, we may ask you to provide a reason for your
cancellation. If you cancel your subscription, the Company requires a
reasonable amount of time to process the action. If you cancel a subscription,
you will enjoy subscription benefits until the end of your then-current
subscription commitment, following which your subscription benefits will
expire. However, in no event will you be eligible for a refund of any portion
of the subscription fees paid for the then-current subscription commitment.
c. Canceling a subscription does not
automatically cancel your membership. If you are a subscriber and you cancel
your subscription but not your membership, unless you elect to hide your
profile, you will continue to be a Member in the Service and others may view
your profile. If you hide your profile, other Members will not be able to view
your profile until you "unhide" your profile. If you cancel your
membership, your profile will be removed, and other Members will not be able to
view your profile. You will be able to use your current registration
information to "unhide" your profile and reactivate your membership
for one year. A Member can hide his or her profile or cancel his or her
membership and remove their profile at any time by following the instructions
contained on the "Account information" setting on the edit/view
profile page.
d. The Company may terminate or suspend your
subscription and/or membership in the Service at any time without notice if the
Company believes that you have breached this Agreement. Upon such termination
or suspension, you will not be entitled to any refund of unused subscription
fees and, if applicable, all unpaid subscription amounts and other fees you owe
will immediately be due. The Company is not required to disclose, and may be
prohibited by law from disclosing, the reason for the termination or suspension
of your account.
e. After your membership or subscription is
terminated for any reason, all terms of this Agreement survive such
termination, and continue in full force and effect, except for any terms that
by their nature expire or are fully satisfied.
- Non-commercial Use by Members.
The Website and
Service is for personal use only. Some social groups may be able to use the
services but only with prior written permission. Members may not use the Service in connection
with any commercial endeavors, such as (i)
advertising or soliciting any user to buy or sell any products or services not
offered by the Company or (ii) Prior Witten permission is needed for soliciting
others to attend parties or other social functions, or networking, for
commercial purposes. Users of the Website may not use any information obtained
from the Service to contact, advertise to, solicit, or sell to any other user
without his or her prior explicit consent. Companies, and/or businesses may not
use the Service or the Website for any purpose. The Company may investigate and
take any available legal action in response to illegal and/or unauthorized uses
of the Website, 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 Website.
- Account Security.
You are responsible
for maintaining the confidentiality of the username and password you designate
during the registration process, and you are solely responsible for all
activities that occur under your username and password. You agree to immediately
notify the Company of any disclosure or unauthorized use of your username or
password or any other breach of security, and ensure that you log out from your
account at the end of each session.
- You’re Interactions with Other Members.
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES
NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE
COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT
TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS
OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY
CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY
CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER
SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. The Company is not responsible for the conduct
of any Member. As noted in and without limiting Sections 16 and 18 below, in no
event shall the Company, its affiliates or its partners be liable (directly or
indirectly) for any losses or 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 Website or Service including, without limitation, death, bodily injury,
emotional distress, and/or any other damages resulting from communications or
meetings with other Members or persons you meet through the Service. You agree
to take all necessary precautions in all interactions with other Members,
particularly if you decide to communicate off the Website or meet in person, or
if you decide to send money to another Member. You understand that the Company
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 wire or otherwise send money, to other Members.
- Proprietary Rights.
The Company owns and
retains all proprietary rights in the Website and the Service, and in all
content, trademarks, trade names, service marks and other intellectual property
rights related thereto. The Website contains the copyrighted material, trademarks,
and other proprietary information of the Company and its licensors. You agree
to not copy, modify, transmit, create any derivative works from, make use of,
or reproduce in any way any
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