By accessing matchmadeinjannah.com, you agree to be bound by these Terms & Conditions, when you register as a member of matchmadeinjannah.com. If you wish to become a member and make use of matchmadeinjannah.com service(s), please read these Terms & Conditions. The term "Website" is deemed to refer to using the Service by means of a computer, a mobile device, or a mobile application.
Also, read the Match Made In Jannah Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all or any of the terms of this Agreement, including the matchmadeinjannah.com Privacy Policy, please do not use the Website or the Service. If you have any questions regarding this Agreement, please contact us.
1. Acceptance of Terms of Use Agreement
a. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use this Website and to become a "Member." For purposes of this Agreement, the term "Member" means a person who gives information to the Company on the Website or uses the Service as a free member or a subscriber. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Safety Tips published on the Website (iii) and terms disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional services we offer on the Website.b. By using the Service/Website/App, you accept this Agreement and agree to the terms, conditions, and notices contained herein and consent to have this Agreement and all notices provided to you in an electronic form. Please print a copy of this Agreement for your records. This agreement may be modified by the Company from time to time, such modifications are to be effective as soon as possible, 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.
2. Eligibility
You must be at least 18 years of age to access and use the Service. When you register and become a Member, you swear that you have never been convicted of a felony. You must be single and/or separated from your spouse. By accessing and using the Website/App, you represent and warrant that you have the right, authority, and capacity to enter this Agreement and to abide by all of the terms and conditions of this Agreement. Any use of the Service is void where prohibited. 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.
3. Membership and Subscription
You will register as a Member with a payment. 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.
4. 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 your "Account Settings" page. If you cancel your membership via the Website/App, we may ask you to provide a reason for your cancellation. 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.
c. The Company may terminate or suspend your membership 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 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.
5. Non-commercial Use by Members
The website/App is for all member’s personal use only. Any company, organization, and/or businesses may not use this Website for any purpose what so ever. Members are not allowed to use this Service about any commercial events, or even to solicit others to attend social functions, and/or networking for commercial purposes. Users of this 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. Our Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of this Website/App, including collecting usernames and/or email addresses of members by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website/App.
6. Account Security
You alone will be responsible for all activities that occur under your username and password. You are responsible for keeping the confidentiality of your username and password you designated during the registration process. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security. You agree that you will log out from your account at the end of each session.
7. Your Interactions with Other Members
a. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. YOU ALONE WILL BE HELD RESPONSIBLE FOR YOUR RELATIONS WITH OTHER MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS AND/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, 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/App 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/App or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow the Company's Safety Tips located on the Website, prior to using the Service. 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.
8. Proprietary Rights
The company owns and holds all proprietary rights in the Website/App in all content, trademarks, and other intellectual property rights related thereto. The Website/App contains the copyrighted material, trademarks, and other proprietary information of the Company. You agree not to alter any proprietary notices appearing on any content as well as transmit or reproduce in any way to any information accessible on the Website or the Service, without first obtaining the written consent of the Company or its’ owner of such proprietary rights.
9. Content Posted by You on the Website
a. You are solely responsible for all information/content that you post/upload, weather videos (including streaming videos), emails, photographs, recordings, voice notes, profiles texts, hereinafter, on the Service, whether publicly/privately posted or transmitted. You certify that all information submitted upon registration is truthful and that you update all as soon as possible. You may not post on the Website/App or to a Member any sexually oriented, abusive, offensive, profane, obscene, inaccurate, racially offensive, or any illegal material, or material that violates another person’s rights (including publicity, privacy, and intellectual property rights) on or of the website/App.
b. You understand and agree that the company may monitor or review any Content you post on the Website/App if they so choose. The Company may delete any or all content, that violates or harms this Agreement or may harm the reputation of the Website/App or the Company. The Company can restrict the number of emails sent to other Members within a 24-hour period.
c. By posting Content on the Website/App, you automatically grant to the Company and its associates, a worldwide right and license to: play, reject, use, record, copy, reproduce, display, store, perform, alter and distribute the Content(s), plagiarize Content or include the Content into other works. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
d. The Contents below are prohibited on the Website/App:
· Ask for money, or has the intention of the deceit of other users of the Website/App or Service;
· To hold video, audio photographs, or images of another person without his/her permission; promotes an 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 images, audio or video, or links to pirated images, audio or video files;
· Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
· Contains viruses, Trojan horses, time bombs, cancelbots, worms or other harmful, or disruptive codes, components or devices;
· Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real-time exchanges;
· Impersonates, or misrepresents affiliation, connection or association with, any person or entity; promotes information that is false or misleading, promotes illegal activities or conduct that is defamatory; provides material that exploits people in a sexual, violent or another illegal manner, and/or upload advertisement/photos that MMIJ considers inappropriate.
· Promotes discrimination, hatred or physical harm of any kind against any group or individual; promotes harassment or intimidation of another person.
· Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
· Publicizes or promotes commercial activities and/or sales without our prior written consent.
· Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
The Company reserves the right, in its discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing his/her communication from the Website/App and/or terminating or suspending the membership of violators.
e. Your use of the Website/App, and everything you post in it, must comply with all rules and regulations. You agree that the company can access, disclose, and preserve your account information and its contents if required to do so by law such as to (1) enforce this Agreement; (2) respond to your requests for customer service or allow you to use the Website/App in the future; or (3) protect the rights, property or personal safety of the Company or any other person; (4) respond to claims that any Content violates the rights of third parties; (5) comply with the legal process.
10. Banned Activities
Company reserves the right to investigate and/or terminate your membership, if the Service regards as inappropriate or unlawful, as well as actions or communications that occur off the Website/App.
Below, please see a list of actions that you may NOT participate in:
· The Collect usernames and/or email addresses of members by electronic or any other means without their permission.
· Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
· Express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of third party software).
· Frame any part of the Website/App, without the Company's written authorization.
· Impersonate anyone.
· Interfere with or disrupt the Service, website, servers, networks connected to the Service and or the Website.
· Modify, translate, adapt, sublicense, sell, decompile, reverse engineer, decipher or disassemble any a portion of the Service or the Website or any software used on or for the Website, or cause others to do so.
· post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely your use of the service about this Agreement.
· solicit money from any Members, even to ask or use Members to conceal their identity, source, and/or destination of any illegally gained money or products.
· Stalk/harass any person.
· use any robot, spider, site search/retrieval application, or other 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 Website/App, Service or its contents.
· use meta tags or code or other devices containing any reference to the Company, the Website/App, or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
11. Customer Service
· The Company aids and guidance through its customer care representatives. When communicating with our customer care representatives (whether via email or letter), you agree to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
12. Charges on Your Billing Account
. The Company bills you through an online Package you buy for use of the Service. You agree to pay the Company all charges at the price you agreed to for any use of the Service by you or any other person(s) including your agents using your Package Account as well as making payments using the selected Payment Method, and you authorize the Company to charge your chosen payment provider (your "Payment Method") for the Service. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with the Company on the Website when becoming a Member or subscribing to the Service. Please NOTE: Your payment is automatically renewed at the end of your term. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. NO REFUNDS, are allowed once you purchase.
a. Your membership will continue indefinitely until canceled or deleted by you. After your initial membership commitment period, and again after any subsequent membership period, your membership will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If the user cancels before the 30 day period, the user is required to pay the full amount. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the Website/App and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current membership period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
b. You must provide current, complete and accurate information for your Billing Account. You must promptly update all data to keep your Billing Account up-to-date, complete and accurate, whether it’s a change in billing address, card number, or expiration date), and you must promptly alert the Company if your Payment Method is annulled (including if your card is lost or stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name/password). Changes to such type of information can be made at "Account Settings" on the Website/App. On the other hand, if you don’t provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. On the other hand, you also permit us to obtain updated or replacement expiration dates and card numbers your credit or debit card as provided by your credit or debit card issuer. You also permit us to update your Payment Method to include any credit or debit card or other payment method provided by you for service throughout your use of the Website or Service when automatically renewing your account.
13. Modifications to Service
The Company reserves the right at any time to alter or cease, momentarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, disruption, or discontinuance of the Service. To protect the integrity of the Website/App or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
14. Copyright Policy; Notice & Procedure for Making Claims of Copyright Infringement
You may not post, dispense, or replicate in any way any copyrighted material, logos, or other proprietary information without obtaining the prior written agreement of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted in a way that constitutes copyright infringement, please provide our Copyright Agent with the following data:
· your address, email, and your phone number.
· a written statement by you indicating that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law, and a description of the copyrighted work that you claim has been infringed.
· a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
· a brief description of where the material that you claim is located on the Website/App (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at matchmadeinjannah.com, or the following address: Copyright Agent c/o matchmadeinjannah.com. 1950 S Rochester Rd #1102, Rochester Hills, MI 48309. The Company will terminate the accounts of repeat infringers.
15. Communications and Test Profiles
When you become a Member, you agree and permit us to send you email messages. These emails may be transactional or relationship communications relating to the Service, such as announcements, changes, commercial/special offers, or promotions. From time to time, employees of the Company may create test dating profiles for testing the functionality of our Service and website processes to improve service quality for our Members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
16. Disclaimers
You accept and agree that neither the Company nor its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Website/App or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), AS WELL AS (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE/APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY USING THE SERVICE OF OUR WEBSITE/APP, IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
a. Occasionally, the Company may make third party opinions, guidance, statements, offers, or other third party information or content available on the Website through the Service. All third-party content is the responsibility of the respective authors thereof and shouldn’t necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
b. In addition, any advice that may be posted on the Website/App is for informational and entertainment purposes only. The Company makes no representations or warranties and expressly disclaims all liability concerning any treatment, action by, or effect on any person following the information offered or provided through the Website/App. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
17. Restriction on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, UNUSUAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR FRAUD OF DATA OR PROGRAMS, SERVICE DISRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
18. Arbitration and Governing Law
I. Resolving any dispute or claim to ascend out of or linking to this Agreement (including any assumed breach thereof), the Service or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. But you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
II. By using the Website or the Service in any manner, you agree to the above arbitration agreement. You and I are entitled to a fair hearing before the arbitrator, and in doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDINGS. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Note: For details on the arbitration process, see our Arbitration Procedures.
III. If this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Oakland County, MI. Any arbitration agreement enforcement, including any proceeding to vacate confirm, or alter, an arbitration award, may be commenced in any court of competent jurisdiction. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
IV. This Agreement, and any dispute between you and the Company shall be governed by the laws of the state of Michigan without regard to principles of conflicts of law, if this arbitration agreement shall be governed by the Federal Arbitration Act.
19. Indemnity by You
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully collaborate with the Company in connection therewith. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or The content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. Note: The Company may provide you with notices, including those regarding changes to this Agreement, using any practical means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message, or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
20. Entire Agreement; Other
An agreement, with the Privacy Policy and any precise guidelines or rules that are separately posted for services containing the entire agreement between you and the Company regarding the use of the Website/App. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You agree that your online account is non-transferable and all your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created because of this Agreement and you may not make any representations or bind the Company in any manner. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
21. Amendment
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Website/App and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, then the existing, the agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
22. Acceptance of Terms of Use Agreement
a. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use this Website/App and to become a "Member." For purposes of this Agreement, the term "Member" means a person who gives information to the Company on the Website or uses the Service as a free member or a subscriber. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Dating Safety Tips published on the Website (iii) and terms disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional services we offer on the Website/App.
b. By using the Service/Website/App, you accept this Agreement and agree to the terms, conditions, and notices contained herein and consent to have this Agreement and all notices provided to you in an electronic form. Please print a copy of this Agreement for your records. This is an agreement which may be modified by the Company from time to time, such modifications are to be effective as soon as possible, upon posting by the Company on the Website/App.
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.
23. Eligibility
You must be at least 18 years of age to access and use the Service. When you register and become a Member, you swear that you have never been convicted of a felony. You must be single and/or separated from your spouse. By accessing and using the Website, you represent and warrant that you have the right, authority, and capacity to enter this Agreement and to abide by all of the terms and conditions of this Agreement. Any use of the Service is void where prohibited. 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.
24. Membership and Subscription
You will register as a Platinum Member with a payment, Bronze Members are FREE with limitations. A Member profile (both subscribers and non-subscribers) may remain posted on the Website or App 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.
25. 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 on your "Account Settings" page. You may also send us an email notice of cancellation to Customer Care. If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation. 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.
c. The Company may terminate or suspend your membership 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 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.
26. Non-commercial Use by Members
The website is for all member’s personal use only. Any company, organization, and/or businesses may not use this Website for any purpose whatsoever. Members are not allowed to use this Service about any commercial events, or even to solicit others to attend social functions, and/or networking for commercial purposes. Users of this 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. Our Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of this Website, including collecting usernames and/or email addresses of members by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website.
27. Account Security
You alone will be responsible for all activities that occur under your username and password. You are responsible for keeping the confidentiality of your username and password you designated during the registration process. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security. You agree that you will log out from your account at the end of each session.
28. Your Interactions with Other Members
YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. YOU ALONE WILL BE HELD RESPONSIBLE FOR YOUR RELATIONS WITH OTHER MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS AND/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.
a. 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, 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. In addition, you agree to review and follow the Company's Dating Safety Tips, located on the Website, prior to using the Service. 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.
29. Proprietary Rights
Match Made In Jannah owns and holds all proprietary rights in the Website & App in all content, trademarks, and other intellectual property rights related thereto. The Website & App contains the copyrighted material, trademarks, and other proprietary information of the Company. You agree not to alter any proprietary notices appearing on any content as well as transmit or reproduce in any way to any information accessible on the Website or the Service, without first obtaining the written consent of the Company or its’ owner of such proprietary rights.
30. Content Posted by You on the Website
a. You are solely responsible for all information/content that you post/upload, weather videos (including streaming videos), emails, photographs, recordings, voice notes, profiles texts, hereinafter, on the Service, whether publicly/privately posted or transmitted. You certify that all information submitted upon registration is truthful and that you update all as soon as possible. You may not post on the Website/Company or to a Member any sexually oriented, abusive, offensive, profane, obscene, inaccurate, racially offensive, or any illegal material, or material that violates another person’s rights (including publicity, privacy, and intellectual property rights) on or of the website.
b. You understand and agree that the company may monitor or review any Content you post on the Website if they so choose. The Company may delete any or all content, that violates or harms this Agreement or may harm the reputation of the Website or the Company. The Company can restrict the number of emails sent to other Members within a 24-hour period.
c. By posting Content on the Website, you automatically grant to the Company and its associates, a worldwide right and license to: play, use, record, copy, reproduce, display, store, perform, alter and distribute the Content(s), plagiarize Content or include the Content into other works. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
d. The Contents below are prohibited on the Website:
· Ask for money, or has the intention of the deceit of other users of the Website or Service;
· To hold video, audio photographs, or images of another person without his/her permission; promotes an 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 images, audio or video, or links to pirated images, audio or video files;
· Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
· Contains viruses, Trojan horses, time bombs, cancelbots, worms or other harmful, or disruptive codes, components or devices;
· Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real-time exchanges;
· Impersonates, or misrepresents affiliation, connection or association with, any person or entity; promotes information that is false or misleading, promotes illegal activities or conduct that is defamatory; provides material that exploits people in a sexual, violent or another illegal manner;
· Promotes discrimination, hatred or physical harm of any kind against any group or individual; promotes harassment or intimidation of another person;
· Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
· Publicizes or promotes commercial activities and/or sales without our prior written consent.
· Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
The Company reserves the right, in its discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing his/her communication from the Website and/or terminating or suspending the membership of violators.
e. Your use of the Website, and everything you post in it, must comply with all rules and regulations. You agree that the company can access, disclose, and preserve your account information and its contents if required to do so by law such as to (1) enforce this Agreement; (2) respond to your requests for customer service or allow you to use the Website in the future; or (3) protect the rights, property or personal safety of the Company or any other person; (4) respond to claims that any Content violates the rights of third parties; (5) comply with the legal process.
f. You may not post on your Member Profile, any telephone numbers, street addresses, last names, URLs or email addresses that may be viewed by other Members. You know that all the Content you place on the Website may be viewed by any person visiting the Website or participating in the Service.
31. Banned Activities
Company reserves the right to investigate and/or terminate your membership, if the Service regards as inappropriate or unlawful, as well as actions or communications that occur off the Website.
Below, please see a list of actions that you may NOT participate in:
· The Collect usernames and/or email addresses of members by electronic or any other means
· Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
· Express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of third party software).
· Frame any part of the Website, without the Company's written authorization.
· Impersonate anyone.
· Interfere with or disrupt the Service, website, servers, networks connected to the Service and or the Website.
· Modify, translate, adapt, sublicense, sell, decompile, reverse engineer, decipher or disassemble any of the portion of the Service or the Website or any software used on or for the Website, or cause others to do so.
· post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely your use of the service about this Agreement.
· solicit money from any Members, even to ask or use Members to conceal their identity, source, and/or destination of any illegally gained money or products.
· Stalk/harass any person.
· use any robot, spider, site search/retrieval application, or other 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 Website, Service or its contents.
· use meta tags or code or other devices containing any reference to the Company, the Website, or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
32. Customer Service
· The Company aids and guidance through its customer care representatives. When communicating with our customer care representatives (whether over an email or letter), you agree to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
33. Subscriptions; Charges on Your Billing Account
. The Company bills you through an online account (your "Billing Account") for use of the Service. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account as well as making payments using the selected Payment Method, and you authorize the Company to charge your chosen payment provider (your "Payment Method") for the Service. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with the Company on the Website or App when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately.
a. Your subscription will continue indefinitely until canceled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the Website and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
b. You must provide current, complete and accurate information for your Billing Account. You must promptly update all data to keep your Billing Account up-to-date, complete and accurate, whether it’s a change in billing address, card number, or expiration date), and you must promptly alert the Company if your Payment Method is annulled (including if your card is lost or stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name/password). Changes to such type of information can be made at "Account Settings" on the Website. On the other hand, if you don’t provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. On the other hand, you also permit us to obtain updated or replacement expiration dates and card numbers your credit or debit card as provided by your credit or debit card issuer. You also permit us to update your Payment Method to include any credit or debit card or other payment method provided by you for service throughout your use of the Website or Service when automatically renewing your account.
34. Modifications to Service
The Company reserves the right at any time to alter or cease, momentarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, disruption, or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
35. Copyright Policy Notice & Procedure for Making Claims of Copyright Infringement
You may not post, dispense, or replicate in any way any copyrighted material, logos, or other proprietary information without obtaining the prior written agreement of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted in a way that constitutes copyright infringement, please provide our Copyright Agent with the following data:
· your address, email, and your phone number.
· a written statement by you indicating that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law, and a description of the copyrighted work that you claim has been infringed.
· a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
· a brief description of where the material that you claim is located on the Website (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at matchmadeinjannah.com, or the following address: Copyright Agent c/o matchmadeinjannah.com. 1950 S Rochester Rd #1102, Rochester Hills, MI 48307. The Company will terminate the accounts of repeat infringers.
36. Communications and Test Profiles
When you become a Member, you agree and permit us to send you email messages. These emails may be transactional or relationship communications relating to the Service, such as: announcements, changes, commercial/special offers, or promotions. From time to time, employees of the Company may create test dating profiles for testing the functionality of our Service and website processes to improve service quality for our Members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
37. Disclaimers
You accept and agree that neither the Company nor its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), AS WELL AS (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY USING THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
a. Occasionally, the Company may make third party opinions, guidance, statements, offers, or other third party information or content available on the Website through the Service. All third-party content is the responsibility of the respective authors thereof and shouldn’t necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
b. In addition, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only. The Company makes no representations or warranties and expressly disclaims all liability concerning any treatment, action by, or effect on any person following the information offered or provided through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
38. Restriction on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, UNUSUAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR FRAUD OF DATA OR PROGRAMS, SERVICE DISRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
39. Arbitration and Governing Law
I. Resolving any dispute or claim to ascend out of or linking to this Agreement (including any assumed breach thereof), the Service or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The only exemption to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you select arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
II. By using the Website or the Service in any manner, you agree to the above arbitration agreement. You and I are entitled to a fair hearing before the arbitrator, and in doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDINGS. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Note: For details on the arbitration process, see our Arbitration Procedures.
III. If this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Oakland County, MI. Any arbitration agreement enforcement, including any proceeding to vacate confirm, or alter, an arbitration award, may be commenced in any court of competent jurisdiction. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
IV. This Agreement, and any dispute between you and the Company shall be governed by the laws of the state of Michigan without regard to principles of conflicts of law, if this arbitration agreement shall be governed by the Federal Arbitration Act.
40. Indemnity by You
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully collaborate with the Company in connection therewith. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or the content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. Note: The Company may provide you with notices, including those regarding changes to this Agreement, using any practical means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message, or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
41. Entire Agreement; Other
This agreement, with the Privacy Policy and any precise guidelines or rules that are separately posted for services containing the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You agree that your online account is non-transferable and all your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created because of this Agreement and you may not make any representations or bind the Company in any manner. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
42. Amendment
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, then the existing agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.