GodlyMatch.Com's User Agreement:
This is an agreement between you and GodlyMatch.com, Flat No. 9, Goel Apartments, Kasumpti Bus Stand, Shimla, India -171009 for an Account with GodlyMatch.com, an Internet based meeting service for adults.
I. ACKNOWLEDGMENT AND ACCEPTANCE
GodlyMatch.com ("the Service") is owned by Issic B. Singh ("GM")
and is provided to you under the terms and conditions of this
agreement, any amendments to the agreement and any operating rules or policies
(collectively, "the Agreement") that may be published from time to time
by GM. The Agreement comprises the entire agreement between you and GM
and supersedes any prior agreements pertaining to the subject matter
contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE
AGREEING TO BE BOUND BY THE AGREEMENT.
II. REGISTRATION, ACCOUNT, PASSWORD AND SECURITY
A. During the registration process, and thereafter, you will provide
true, accurate, current and complete information about yourself as
requested by GM, and maintain and update this information to keep it true,
accurate, current, and complete.
B. Upon completing the registration process you will obtain the
privilege to use the Service to the extent provided for in GM operating rules
and policies. You may also be eligible to enroll as a member of the
Service which will allow you more privileges to use the Service. You
may become a member by completing the membership enrollment process as
provided for by GM operating rules and polices, which include, but are
not limited to, payment of a membership fee for each billing period you
wish to remain a member.
C. In this Agreement, "Member" refers to such person who has completed
the membership enrollment process, and "Registered User" refers to such
person who has completed the registration process but not the
membership enrollment process.
D. As a Registered User or a Member, you have an Account with GM, which
includes all your rights, privileges, and obligations under this
Agreement. Your Account will be designated with a password and username. You
are responsible for maintaining the confidentiality of the password and
other account information, and are fully responsible for all activities
which occur thereunder. You agree to immediately notify GM of any
unauthorized use of your password or account information or any other breach
of security.
C. Your Account is for your sole, personal use, and you may not assign
or sell your Account, or the rights therein, or otherwise allow anyone
other than you to log on to the Service using your username, password,
or other account information.
D. An Account is not available to any person under 18 years of age.
You represent and warrant that you are at least 18 years of age, and
agree to submit proof of your age to GM upon registration, and from time to
time thereafter upon GM's request.
III. MODIFICATION OF THE AGREEMENT AND TO THE SERVICE
A. GM may modify the Agreement from time to time, and such
modifications will become effective upon notification to you. If you continue to
use the Service after you have been notified of such modifications, then
you agree to be bound by the Agreement as modified.
B. GM reserves the right to modify or discontinue, temporarily or
permanently, the Service with or without notice to you. You agree that GM
shall not be liable to you or any thirdúparty for any modification or
discontinuance of the Service.
IV. CANCELLATION OF ACCOUNT
A. General
(1) Either you or GM may cancel your Account at any time, for any
reason or no reason. Such cancellation will become effective upon notice to
the other party, except that a cancellation by GM due to your breach of
this Agreement will become effective immediately, regardless of notice.
(2) Upon the effective moment of cancellation of your Account, your
rights and privileges under this Agreement become null and void, except as
explained below.
B. Cancellation for Breach
(1) GM will cancel your Account for any breach of this Agreement. Such
cancellation will be effective immediately, without prior notice to
you, and will result in the immediate termination of any rights or
privileges you have in the use of the Service, without refund of any
outstanding credit balance in your account.
(2) Upon such cancellation, GM may immediately delete any of your email
files in your Account or posted on the Service, and bar any further
access to such files or the Service, and shall have no obligation to
forward any message to you or any third party.
C. Treatment of Outstanding Credit Balances
If you are a Member, then(1) in the event that you have an outstanding
credit balance with GM upon the cancellation of your Account, then such
credit will be dealt with as follows:
(a) if your Account was canceled by you, then you may use the Service
until the end of your current billing period, and GM will not refund any
outstanding credit;
(b) if your Account was canceled by GM for any reason other than a
breach of this Agreement by you, then GM may, at its own discretion, (i)
allow you to use the Service until the end of your current billing
period, (ii) refund your outstanding credit balance, or (iii) any combination
of (i) and (ii) of this subsection; and
(c) if your Account was canceled by GM for breach of this Agreement by
you, then GM will not allow your continued use of the Service, and will
not refund any outstanding credit balance.
V. PRIVACY AND CONFIDENTIALITY
A. GM will respect the privacy of email and chat communications in the
private areas of the Service, and consider such to be the private
correspondence between the sender and recipient. GM will not monitor, edit
or disclose the contents of a your private communications, except: (1)
as required by law; (2) to comply with legal process; (3) if necessary
to enforce the Agreement; (4) to respond to claims that such contents
violate the rights of third parties; (5) to protect the rights or
property of GM or others; and (6) under exigent circumstances, to protect the
personal safety of its users or the public.
B. GM will keep confidential the information supplied by you to GM. GM
will only use such information for the purposes for which it was
collected, or as otherwise required by law.
VI. ONLINE CONDUCT
A. General
(1) You will use the Service in a manner that is consistent with local,
state and federal law and regulation.
(2) You will (a) not use the Service for illegal purposes; (b) not
interfere with or disrupt the Service or servers or networks connected to
the Service; (c) comply with all requirements, procedures, policies and
regulations of networks connected to the Service; and (d) comply with
all applicable laws regarding the transmission of technical data.
(3) You will be solely responsible for the contents of your
transmissions through the Service.
(4) You will not attempt to gain unauthorized access to other computer
systems or networks connected to the Service.
B. Content Limitations
(1) You will not post, publish, display, email, or otherwise
communicate to any user of the Service or GM employee, any message, material,
content, depiction, description, or communication of any kind:
(a) that is, or contains, defamatory, misleading, abusive, obscene,
profane, pornographic, offensively sexually oriented, threatening,
harassing, racially offensive, or illegal content; (b) of nudity, or any
anatomical part that may be offensive; (c) that infringes or violates any
person's intellectual property rights, privacy rights, or any other
right; (d) that is, or contains, chain letters or junk mail, advertising or
solicitation to sell or buy, or any material of a commercial nature;
(e) that interferes with any Service user's use and enjoyment of the
Service or another person or entity's use and enjoyment of similar
services; ( f) that encourages conduct that could constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law or regulation; (g) that
attempts to attract new members for a service that is or may be in direct or
indirect competition with the Service or GM; or (h) that provides, or
attempts to provide, any information by which any user of the Service
may contact you, unless such information is provided in a section of the
Service that is only accessible to Members of the Service; you will
not, in particular, provide such information in the headline or
description part of any listing.
VII. MODIFICATION OR DELETION OF POSTED MATERIAL
GM reserves the right to modify, or delete, any content or material,
including but not limited any text, software, music, sound, photographs,
graphics, and video, that you post on the Service, for any reason or
for no reason.
VIII. MONITORING OF THE SERVICE
Except as otherwise provided in this Agreement, GM may, but is not
obligated to, monitor your activities on the Service, and in particular may
(A) monitor and resolve disputes been you and other GM members, and (B)
monitor materials posted by you on the public areas of the Service.
IX. ASSUMPTION OF RISK
A. You assume any risk involved in posting any information on or with
the Service or otherwise communicating with any Service member or any
person whatsoever.
B. You assume any risk in reliance upon any opinion, advice, statement,
offer, or other communication posted on, or made available by, GM or
the Service. GM is not responsible for any loss or damage resulting from
reliance upon any such communication.
C. You understand, and assume any risk, that you may be exposed to
offensive or obscene material posted on the Service by authorized or
unauthorized users, and have read the warning immediately below:
Warning: It is possible that other users of the Service (including
unauthorized users or "hackers") may post or transmit offensive or
obscene materials on the Service, and that you may be involuntarily exposed
to such offensive and obscene material. It is also possible for others
to obtain personal information about you due to your use of the
Service, and that the recipient may use such information to harass or injure
you. GM is not responsible for the use of any personal information that
you may choose to disclose on the Service. Please carefully select
the type of information that you post on the Service or release to
others.
X. MAIL STORAGE GM assumes no responsibility for the deletion or
failure to store eúmail messages. GM may establish an upper limit on the
size of message storage it will maintain for you or on your behalf.
XI. LIMITATIONS ON LIABILITY AND DISCLAIMER OF WARRANTY
A. Limitations on Liability
(1) GM will not be liable for any incidental, consequential, or
indirect damages (including, but not limited to, damages for loss of data,
cost of procurement of substitute service or service interruptions)
arising out of the use or inability to use the Service, even if GM or its
agents or representatives knows or have been advised of the possibility of
such damages. (2) Notwithstanding anything to the contrary contained
herein, GM'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 GM for the Service during the period term of
existence of your Account.
(3) GM disclaims all liability, regardless of the form of action, for
the acts or omissions of other members or users (including unauthorized
users, or "hackers") of the Service.
(4) GM disclaims liability for, and no warranty is made with respect
to, telephone service, including coverage, range, or interruption in
telephone service.
B. Disclaimer of Warranty
(1) GM provides this service on an "as is" basis and grants no
warranties of any kind, express, implied, statutory, in any communication with
GM or its representatives, or otherwise with respect to the Service.
(2) GM disclaims any implied warranties of merchantability, fitness for
a particular purpose, or noninfringement.
(3) GM does not warrant that your use of the Service will be secure,
uninterrupted, always available, or errorúfree, or will meet your
requirements, or that any defects in the Service will be corrected.
C. Certain jurisdictions limit the applicability of warranty
disclaimers and limitations of liability, so the above disclaimers and
limitations of liability may not apply to you.
XII. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT POLICY
A. The rights in the intellectual property transmitted on or through
the Service, including but not limited to text, software, music, sound,
photographs, graphics, and video, are owned by GM, advertisers, Service
members, or other persons (unless such intellectual property is in the
public domain). You will not use any such intellectual property except
to the extent you are expressly authorized by the owner of the
intellectual property rights. If you use your Account to, in any way, violate
any person's intellectual property rights, GM will immediately cancel
your Account, and will not refund any outstanding credit balance in your
account.
B. If you believe that your intellectual property rights have been
violated by a Service Member or through the Service, you will immediately
contact our Customer Care Team at support@GodlyMatch.com or at:
Issic B Singh, GodlyMatch, Flat No. 9, Goel Apartments, Kasumpti Bus Stand, Shimla, India -171009 Phone: 91-177-2622065.
C. You grant to GM and other Service Members an irrevocable, perpetual,
nonúexclusive, worldwide license to use, copy, perform, display,
distribute, to prepare derivative works of, and incorporate into other works,
and to grant sublicenses of the foregoing, any information or content
you post to any public area of the Service.
XIII. GENERAL PROVISIONS
A. You will defend, indemnify, and hold harmless GM, its officers,
directors, employees, agents, and third parties, for any losses, costs,
liabilities, and expenses (including reasonable attorneys' fees) relating
to or arising out of your Account or your use of the Service.
B. In the event you have a complaint or dispute regarding or arising
out of the Service, prior to communicating such complaint or dispute to
any other person or entity, you will first communicate such complaint or
dispute to the Service's customer support at
support@GodlyMatch.com. This Agreement shall be governed by
Indian law without regard to its conflict of law provisions, and any
dispute arising out of or relating to this Agreement shall be subject to the
state courts in the state of Himachal Pradesh in India. You and GM
agree to submit to the personal and exclusive jurisdiction and venue of
the courts located within India.
C. You and GM further agree that any dispute between you and GM filed
in the courts must be filed in the state of Himachal Pradesh in India,
and the parties agree to submit to the personal jurisdiction and venue
of the state of Himachal Pradesh in India.
D. Unless otherwise stated, your obligations under this Agreement will
survive the cancellation of your Account.
E. If any term of the Agreement is held invalid, the remainder of the
Agreement shall continue in force and effect. F. The section titles
in the Agreement are for convenience only and have no legal or
contractual effect.
G. Use of the singular form of a noun in this Agreement will also be
construed to refer to the plural form of such noun where appropriate to
the reasonable interpretation of the Agreement.
H. Regardless of any statute or law to the contrary, any claim or cause
of action arising out of, or related to the use of, the Service or the
Agreement must be filed within one year after such claim or cause of
action arose or be forever barred.
I. The failure of GM to exercise or enforce any right or provision of
the Agreement shall not constitute a waiver of such right or provision.