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| //// | WESTERNMATCH.COM TERMS OF SERVICE Thank you for abiding by our Terms of Service. Revised: December 1st, 2011 By Joining Western Match you become a member of the service. You agree to familiarize yourself with the Terms of Service and become bound by the Terms of Service. YOU MUST BE AT LEAST 18 YEARS OF AGE, SINGLE OR LEGALLY SEPARATED TO JOIN THIS SERVICE. MISREPRESENTING YOURSELF AS SINGLE WHEN YOU ARE NOT, MAY CONSTITUTE FRAUD, AND COULD SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES UNDER U.S FEDERAL AND STATE LAW. IF YOU ARE MARRIED OR IN A RELATIONSHIP, PLEASE LEAVE THE SERVICE NOW. ELECTRONIC SERVICE AGREEMENT This is a legal agreement between you (the member), and WesternMatch.com (the service). By joining the service you agree that you have the right, authority and capacity to enter into this Agreement. Please read the Agreement carefully before registering to use the service. By registering, you become a member of the service, and you agree to be bound by the terms and conditions of this agreement for as long as you continue to be a member of the service. This Agreement becomes effective when you click "I Agree with Terms of Service". If you do not agree to the terms, please do not register for the service, or discontinue using the service. Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the service. REFUND POLICY Since gold membership purchases are rendered instantly allowing for full access to the service, you agree that all payments made to WesternMatch.com are final. No refunds or partial refunds for unused time. No refunds for failure to cancel your Paypal subscription prior to renewal. No refunds because the service has not met your expectations, or because you met your match. No refunds for duplicate subscriptions. Any duplicate subscriptions will be credited to your profile membership. GOLD MEMBERSHIP BILLING FEES It is free to register and become a member of WesternMatch.com and use a portion of the service free. To fully utilize all aspects of the service, a gold membership is required. Western Match offers two billing options for a gold membership. One time billing through 2checkout.com and subscription services through Paypal.com. By entering into this Agreement, you acknowledge that should you select Paypal as your payment option, you authorize Paypal to automatically deduct membership fees from your Paypal account as per the membership term you select until canceled. Example: Should you select a three month gold membership, your Paypal account will be billed every three months until you cancel your subscription. No refunds will be issued for late cancellation. Member's choosing to pay for enhanced services through Paypal, are responsible for monitoring their subscription service. It is the member's responsibility to know which package they have purchased for their gold membership, as well as the terms described at the time of purchase. Click here for instructions on how to cancel your subscription with Paypal. NOTE: Deleting your profile does not cancel your subscription with Paypal. Charges on your credit card statement will show as 2C0 877-290-273 WesMatch ( WesMatch is not always displayed). USERNAMES Members must create a username upon creating a profile. Members who join our service create a username that signifies who they are in the community without reveiling their real names. Members who leave the service often return and want to reuse their old profile. We will leave your profile in our database for up to two years. If you do not log into the service after two years, you will loose your username and profile. Profiles that have not logged into the system after two years, will automatically be deleted from the system and that username will then become available to any new member who joins the service. For safety reasons, we do not permit the use of your last name in your username. No email addresses, or phone numbers are permitted in your username. We reserve the right to remove any profile whose username does not meet our guidelines. PROFILE GUIDELINES We review each profile before it goes online to make sure it is suitable for others to see. Although we do our best to approve only quality profiles, it is possible for a profile breaking our guidelines to slip through our approval process. 1.) No offensive, harrassing, vulgar, raciest or rude comments permitted in your profile. 2.) No email addresses, phone numbers, addresses, URL's, business advertisement or personal information is permitted in your profile. 3.) You may use only one profile and must submit our online deletion form when you are finished using the service. 4.) You may not post a profile for another person. 5.) You must be single or legally separated to use this service. 6.) You may not ask others to send you personal information through your profile. 7.) You must have no criminal record. 8.) No poems, songs or copyright material is permitted in your profile. 9.) You must be 18 years or older to use the service. 10.)You may not write messages to other members through your profile. Please use the WM mailbox. PHOTO GUIDELINES A photo can make or break your profile. Please post clear photos. 1.) Post a clear head shot of yourself as the main image. This photo is used in the search results and is the first impression photo. 2.) No sexual or nude photos. 3.) No clipart or copywritten images. 4.) No group photos in the main image, that means two or more individuals. 5.) No animals, vehicles, clipart, scenic photos in the main image. Unnecessary photos will be removed to reserve server space. 6.) No photos with children. 7.) No email address, web address, or company name on the photo. 8.) Poor quaility photos may be removed. 9.) Poor quaility thumbnail image, which is the main image in the search results, may be replaced with a better quality photo of yours. Photo Terms of Use: By uploading a photo to the Western Match.com website, you agree that the photo you upload is a actual recent photo of yourself. Should you upload a group photo, you agree that you have permission from the individual whose picture you upload. You agree that you are completely responsible for the photo you upload to your profile. We reserve the right to crop or remove any photo that does not meet our guidelines. These guidelines are set to enhance the qualilty of profiles. LIFETIME GOLD MEMBERSHIP WesternMatch.com offers a lifetime gold membership as an option. The lifetime membership grants the member full access to our service as long as WesternMatch.com is online and operatable. Profiles that have not been logged into after 2 years will automatically be deleted from the system. A new profile may be created and the lifetime gold membership reapplied. CHARGEBACK, REVERSAL, UNAUTHORIZE CLAIM POLICY: We take chargeback's seriously. Do NOT use our service and then decide to chargeback the membership fee. This is illegal and considered fraud. In the event of a non-fraudulent chargeback by you, Western Match.com will dispute the chargeback with securely documented information proving the validity of the charge. You will then become liable for all associated chargeback fees, the gold membership fee, plus an additional amount of $100.00 for administrative fees. In the event these fees are not paid within 90 days, the charges will be turned over to a collection agency, or reported to the credit bureau as a bad debt. Credit card holder will be reported to the Internet Crime Complaint Center. Chargebacks may serverely damage Western Match.com and its ability to provide service. THIS POLICY IS DESIGNED TO PROTECT Western Match.com and it's members. You agree that WesternMatch.com at it's sole discretion may provide information to a 3rd party for the purposes of recovering chargeback fees. Your use of this service indicates your acceptance to pay the costs listed above. You agree to contact Western Match.com, 2checkout.com or Paypal before filing a chargeback to try and resolve any issues you have with the service. Sometimes a chargeback is filed because the customer does not recognize the charge on their statement. This is how our charge will appear on your credit card statement. 2C0 877-290-273 WesMatch ( WesMatch is not always displayed). A chargeback fee of $11.00 will be passed on to you if you file a chargeback due to unrecognizeable charges to your statement. Please make certain that you know where the charge is coming from before filing a chargeback. CONTACT INFORMATION All correspondence and customer support with Western Match is done through email. Western Match.com P.O. Box 20054 Fountain Hills, AZ 85269-0054 2checkout.com 1.614.921.2451 Main Number 1.866.921.2451 Toll Free (US & Canada) Administrative Offices Telephone: 1.614.921.2449 Paypal PayPal Customer Service: 1-888-221-1161 LIABILITIES WesternMatch.com does not screen the members registering with the service in any way. As a result, WesternMatch.com will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this meeting with other members of this service, or introduced to you via this service. Such damages include, without limitation, physical damages, bodily injury and/or emotional distress and discomfort. Westernmatch.com does not guarantee the truthfulness or accuracy of the ads placed on this site, and accepts no responsibility for claims of any kind resulting from the placement of such advertising. You are responsible for any information and photos that you post in your profile. Westernmatch.com assumes that all advertising is legal and is not misleading or untruthful and does not screen any of it's applicants or check for accuracy of any information posted. It is your sole responsibility when responding to emails, or setting up a meeting place with members of Western Match. INTERACTIVE AREAS & CHAT ROOMS Westernmatch.com will not tolerate any unacceptable behavior in our chat rooms. Any member violating this policy will be permanently removed from the website. All removals are non-refundable. Please report any abuse here The Interactive Areas allow real-time interaction between Users. You understand that westernmatch.com does not control the messages, information or files delivered to the Interactive Areas. You further understand that westernmatch.com is not obligated to screen, monitor or save communications to any Interactive Area and cannot determine in advance the accuracy or conformance to this Agreement of any material transmitted to any Interactive Area. You agree that westernmatch.com may, at its sole discretion, monitor any Interactive Area from time to time and disclose any information necessary to (a) satisfy any law, regulation or other governmental request; (b) operate the Interactive Area; or (c) protect itself or other Users. Further, westernmatch.com may investigate any allegation of improper conduct with respect to any Interactive Area and remove or edit, or demand to be removed or have edited, any material which westernmatch.com in its sole discretion deems objectionable. Western Match.com cannot guarantee that there will not be persons within chat rooms who use lewd, vulgar, insulting, profane, racist or sexual language. FURTHER, WESTERNMATCH.COM, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR BASED UPON, ANY MATERIAL CONTAINED WITHIN ANY INTERACTIVE AREA. INTERNET SAFTY WesternMatch.com stresses that members should always use strong passwords as opposed to easily guessable weak passwords. Using easily guessable passwords (such as cowboy, horses) etc, leaves your data vulnerable to hacking attacks. It is always advisable to use strong passwords that combine letters and numbers e.g. 'cowboy2319' or better still CoW2319boy. We also recommend using an email address specifically for online dating. *No credit card data is stored on our servers. No employee, or representative has access or will ever see your financial details. IP ADDRESSES IP addresses are collected during registration. WesternMatch.com reserves the right at our sole descretion to block Members with certain IP addresses from accessing the Website. USER RIGHTS & RESPONSIBILITIES You are solely responsible for your interactions with other members of the service. WesternMatch.com reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other members. The use of the service is to be done at your own risk. Member's are solely responsible for screening other members. Western Match.com does not do background check on members. You agree to post only one profile for yourself only. You agree to delete your profile when you are finished using the service through our online form which we have provided to you. We realize member's leave the service and then return, but if the profile has been inactive for at least two years, it will be automatically deleted. You agree to complete all fields accurately and truthfully. You agree to post recent photos of yourself in your profile. You agree you are entirely responsible for maintaining the confidentiality of your account password. You are entirely responsible for any and all activities that occur under your account. You agree to notify WesternMatch.com immediately of any unauthorized use of your account or any other breach of security. The service will not be liable for any damages that you may incur as a result of someone else using Your Account, either with or without your knowledge. We reserve the right change or require you to change your password if we feel it is an easy to guess password. You may not use your first and last name as your username. You agree if your profile is removed or banned from the service, you will discontinue using all aspects of the service, and you will not create a different user ID to access the service. Upon creating a user account, you agree to provide Western Match with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person, or otherwise mislead as to the origin of any content. You agree that the photos you upload to your profile are recent photos of yourself. You agree you have permission to upload photos of others that are included in your photo and that you have not infringed on anyone's intellectual copyrights. You agree to follow all profile guidelines. Upon uploading Content, you acknowledge that Western Match may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Western Match and its employees shall have the right to remove any Content that violates the Terms of Service, or is otherwise objectionable to Western Match. Western Match at it's sole discretion may reject your profile for any reason we feel necessary to protect the service and our members. You agree to not post members personal information in your profile or through the Western Match chatrooms. By becoming a member of this service, your photo may be used on the home page. You may select to opt out of being on the home page by notifying us. 1.1 Access to the Service. You are responsible for providing all hardware, software, telephone and other communications equipment and/or services needed to connect to the Internet and access the Service, and are responsible for all Internet access charges, telephone charges and other fees or charges incurred in connecting to the Internet and/or accessing the Service. Western Match will not be responsible for any errors or problems that arise from the malfunction or failure of your hardware, software, or any Internet access services 1.2 User Conduct. You agree to access and use the Service only for lawful purposes. You are solely responsible for the knowledge of, and adherence to, any and all laws, statutes, rules and regulations pertaining to (a) your use of the Service, including any Interactive Areas; (b) the use of any networks or other services connected to the Service; and (c) the communications means by which you connect your modem, computer or other equipment to the Service. By accessing the Service, you agree that you will not: (1) Restrict or inhibit any other User from using and enjoying the Service, including the Interactive Areas; (2) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (3) Post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right; (4) Post or transmit any information, software or other material which contains a computer virus or other harmful component; (5) Alter, damage or delete any of the Content or other communications that are not your own or otherwise interfere with the ability of others to access the Service, including the Interactive Areas; (6) Disrupt the normal flow of communication in and to the Service, including the Interactive Areas; (7) Claim a relationship with or speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; or (8) Violate any operating rule, policy or guideline of your Internet access provider or online service. 2. Intellectual Property Rights 2.1 Content a) You acknowledge that the Content is generally provided by Westernmatch.com, individual contributors, third party licensees and/or other Users. You acknowledge that the Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively, "Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed, and except as explicitly provided below, your use of the Content shall be governed by all applicable copyright and other intellectual property laws. You acknowledge that westernmatch.com owns a copyright in the "look and feel" - i.e., the selection, coordination, arrangement and presentation - of the Content as it appears on the Service. (b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part; provided except for as where stated. 2.2 Content Provided by User. You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute on or through the Service only material that is not subject to any Intellectual Property Rights or material in which all holders of Intellectual Property Rights have given express authorization for distribution over the Internet and on the Service without restriction whatsoever. Any material submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]. Used by permission." By submitting any material to any Interactive Area, you automatically represent and warrant that the owner of such material, whether it be you or a third party, has expressly granted to westernmatch.com a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform and display such material, 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 Intellectual Property Rights that may exist in such material. You also permit westernmatch.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such material. You also permit any User to access, view, store and reproduce the material for personal, non-commercial use. 4. Termination The only right with respect to dissatisfaction with any policies, guidelines or practices of westernmatch.com in operating the Service is for you to discontinue accessing the Service. westernmatch.com may terminate or temporarily suspend your access to all or any part of the Service without notice at any time. Westernmatch.com may discontinue operating the Service and terminate this Agreement without notice at any time and for any reason in its sole discretion. You are no longer authorized to access the Service, including the Interactive Areas, and the restrictions imposed on you with respect to any of the Content downloaded from the Service, as well as the disclaimers and limitations of liabilities set forth in this Agreement, shall survive such termination. In the event of termination of the service, Western Match.com will not issue refunds for any unused portion of membership fees. 5. Links; Disclaimers of Warranties; Limitations of Liability 5.1 Links. Westernmatch.com neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any materials, goods or services available on any site linked to or from the Service. There is no guarantee that you will meet anyone from this service. THE RELEASED PARTIES SHALL NOT BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR USE OF OR RELIANCE ON MATERIALS, GOODS OR SERVICES AVAILABLE ON ANY SITE LINKED TO OR FROM THE SERVICE, OR YOUR INABILITY TO ACCESS THE INTERNET OR ANY SITE LINKED TO OR FROM THE SERVICE. 5.2 Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE RELEASED PARTIES DO NOT WARRANT THAT THE SERVICE, OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE, INCLUDING THE INTERACTIVE AREAS AND THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE OR TRANSACTION PROVIDED THROUGH THE SERVICE OR ANY SITE LINKED TO OR FROM THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" "WHERE IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD THIS SERVICE MALFUNCTION OR GET MALICIOUSLY HACKED INTO , WESTERN MATCH HOLDS NO WARRANTY AND WILL NOT REFUND OR PRORATE USERS MEMBERSHIPS FEES. THIS SERVICE IS ON AN "AS-IS", "WHERE IS" BASIS. THIS SERVICE IS TO BE USED AT YOUR OWN RISK. 5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WESTERNMATCH.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE SERVICE OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS OR THEFT. UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICE OR ANY INTERNET SITE LINKED TO OR FROM THE SERVICE. THE MATERIAL WHICH COMPRISES THE SERVICE, AND THE MATERIAL WHICH COMPRISES INTERNET SITES LINKED TO OR FROM THE SERVICE, MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. 6. Indemnity In exchange for your use of the Service, you agree to indemnify and hold harmless WesternMatch.com from any and all liabilities, claims and expenses, including costs and attorneys' fees, arising from (a) a breach of this Agreement; (b) your use or access of the Service; (c) your use or access of any Internet site linked to or from the Service; or (d) in connection with the transmission of any of the Content on the Service. 7. Miscellaneous This Agreement comprises the entire agreement between westernmatch.com and you and supersedes any prior agreements with respect to the subject matter herein. Westernmatch.com may revise this Agreement or any other policy at any time and from time to time, and such revision shall be posted by date of revision. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable, you must discontinue accessing the Service. Your continued accessing and use of the Service following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 3, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of westernmatch.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Arizona, excluding its conflict of laws rules, and you submit to the exclusive jurisdiction of the courts of that state. This Agreement is personal to you and you may not assign your rights or obligations hereunder to anyone. All logos, brand names, products, trademarks and service marks appearing on the Service are the trademarks or service marks of their respective owners. References to any trademark, service mark or link to or from the Service have been done strictly for clarification and identification and do not constitute an endorsement by westernmatch.com of the products, services or information offered by the owner of such trademark, service mark or link or an endorsement of the Service by such trademark, service mark or link owner. Please send all correspondence to: WesternMatch.com P.O. Box 20054, Fountain Hills, AZ 85269-0054. ARBITRATION AGREEMENT The use of this service constitutes your agreement to settle any dispute between you and Western Match through Arbitration. Use of this service constitutes your agreement to give up your right to go to court. You also agree that you will not participate in any class action or class proceedings against Western Match. This Agreement and any dispute for which you have with Western Match.com shall be governed by the laws of the State of Arizona. CUSTOMER SERVICE WesternMatch.com reserves the right to stop communication with members who use abusive or unappropriate language while communicating with any WesternMatch.com representative. All customer service is done through email. |
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