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dharmaMatch Terms of Use
Agreement
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Welcome to
dharmaMatch, a
service for adults to meet each other online.
By using the
dharmaMatch Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether
or not you
register as a member ("Member"). If you wish to become a Member and communicate with other
Members and make
use of the
dharmaMatch service (the "Service"),
read these Terms of Use and indicate your acceptance of them by following
the instructions in the
Registration process.
This Agreement sets out the legally binding terms of your use
of the Website and your membership in the Service and may
be modified by
dharmaMatch from time
to time, such modifications
to be effective upon posting by
dharmaMatch on
the
Website.
This Agreement includes
dharmaMatch's
Acceptable Use Policy
for Content Posted on the Website,
dharmaMatch's
Privacy
Policy,
and any notices regarding the Website. You may also receive a
copy of this Agreement by emailing us and requesting
it.
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1.
Eligibility.
You must be eighteen or over to register as a member of
dharmaMatch or use
the Website. Membership in the Service is
void where prohibited. By using the Website, you represent
and warrant that you have the right, authority, and capacity
to enter into this Agreement and to abide by all of the terms
and conditions of this Agreement.
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2.
Term.
This Agreement will remain in full force and effect while you
use the Website and/or are a Member. You may terminate
your membership at any time, for any reason, by following
the account termination link in Account Settings, or upon
receipt by
dharmaMatch of
your written notice requesting account termination.
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3.
Monitored Community.
We take the safety of our members very seriously; to help protect our community against bad actors,
or those who would use our platform outside of its intended matchmaking purpose, the dharmaMatch
platform is a monitored community.
We review new profiles submitted, as well as profile updates, for any signs of false statements.
We reserve the right to request identity verification or terminate any profile submitted to us
as fraudulent, without notice to the account holder, if we find sufficient false statements, including:
- Location specified in profile and location of IP address at time of registration or last
login are not
close to one another, with no explanation as to why in profile (false location)
- A profile photo that portrays someone else, with the intention to make others believe it is
the account
holder (false profile photo)
- Full Name (First & Last Name) is not the person's true legal name (i.e. use of an "alias",
false name)
- Self-described appearance does not match uploaded profile photos (false appearance)
- Unrealistic seeking age range (false use of platform)
or any other falsehoods we may come across.
We also reserve the right to terminate a profile from our platform, without notice to the
account holder, if
we find evidence of a member using our platform not for its intended matchmaking purpose,
including:
- Making requests of other members to lend or send money (online romance scam)
- Instead of communicating on our platform, telling members to subscribe or follow them on an
alternate
platform to continue communication (advertising, potentially for escort service)
or any other behavior we find deceptive, abusive, puts our members at risk, or violates terms set
forth in
this agreement.
If dharmaMatch terminates your membership in the Service, it is because
you have breached the Agreement and will not be entitled to any refund of unused subscription
fees.
Even after membership is terminated, this Agreement will remain in effect. Even after
this Agreement is terminated, certain provisions will remain in effect, including
sections 6 and 12-17 of this Agreement. After account termination
dharmaMatch may only use your content with your permission (section 7).
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4.
Chargeback Fraud.
Consumers can contact their financial institutions and dispute any charge on their statement
for any reason; this is known as a chargeback. When a consumer does this, the financial insitution
will open a dispute case and immediately credit the consumer back for the charge while the case is
ongoing. In these cases, the burden of proof falls to the merchant to provide evidence that the
service was actually used, or accept the charge reversal with penalty. The act of a consumer trying
to use this technique to knowingly get out of paying for a service they used is known as
chargeback fraud.
Please be aware that while other online merchants may just accept such chargebacks,
dharmaMatch has a zero tolerance policy toward chargeback fraud. dharmaMatch
will always respond with evidence in such dispute cases. Accounts that are party to such
chargeback cases cannot be deleted while the case is ongoing, they can only be suspended.
Chargeback cases often take months to play out. At the conclusion of the chargeback case, the
ruling can be in favor of dharmaMatch or not. If the case is not ruled in our favor, but we
believe it is chargeback fraud, we will terminate such accounts without notice to the account
holder.
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5.
Non Commercial Use by Members.
The Website is for the personal use of individual Members only and
may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members
and should not use the Service or the Website for any purpose.
Illegal and/or unauthorized uses of the Website, including
collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Website will
be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress.
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6.
Proprietary Rights of Content on
dharmaMatch.
dharmaMatch owns
and retains all proprietary rights in the Website
and the Service. The Website contains the copyrighted material,
trademarks, and other proprietary information of
dharmaMatch, and
its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may
not copy, modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
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7.
Content Posted on the Site.
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a.
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You understand and agree that
dharmaMatch may review and delete
any content, smiles, messages, photos, or entire profiles (collectively, "Content")
that, in the sole judgment of
dharmaMatch,
violate this Agreement or which
we, or other site Members, deem offensive, illegal, fraudulent, or that might
violate the rights, harm, or threaten the safety of Members. For the safety of our
Members, if
we find evidence of offensive or fraudulent activity, we reserve the right to delete
the
offending profile from our system with no notice to the account holder.
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b.
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You are solely responsible for the
Content that you publish or display (hereinafter, "post") on the Service, or
transmit to
other Members.
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c.
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By posting Content to any public area of
dharmaMatch,
you automatically
grant, and you represent and warrant that you have the right to
grant, to
dharmaMatch an irrevocable, non-exclusive,
fully paid, worldwide license to use, copy, perform, display,
and distribute such information and content, and to prepare
derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sub-licenses
of the foregoing, while you are an active member on our site.
If you are no longer an active member, and would like us to remove your content from
a previously published advertisement or info page on our site, please send us a
message via our Contact Us form. We are
happy to accommodate such requests to the best of our ability.
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d.
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The following is a partial list of the kind of Content that
is illegal or prohibited on the Website.
dharmaMatch reserves
the right to investigate and take appropriate legal action in
its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication
from the Service and terminating the membership of such violators.
It includes Content that:
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is patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
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promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
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promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent
manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
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contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible
page);
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provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information
from anyone under 18;
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provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
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solicits passwords or personally identifiable information for
commercial or unlawful purposes from other users; and
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engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
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e.
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You must use the Service in a manner consistent with any
and all applicable laws and regulations.
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f.
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You may not include in your member profile any direct contact information such as:
telephone numbers, street addresses, URLs, email addresses, social media profile
names,
or instant messenger handles. Our staff will remove such contact info if found in
your
profile. We reserve the right to terminate the accounts of repeat offenders without
notice to the account holder.
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g.
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You may not engage in advertising to, or solicitation of,
other Members to buy or sell any products or services
through the Service. You may not transmit any chain letters or
junk email to other Members. Although
dharmaMatch cannot monitor
the conduct of its Members off the Website, it is also a violation
of these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or
solicitation,
dharmaMatch reserves the right to restrict the number
of emails which a Member may send to other Members in any 24-hour
period to a number which
dharmaMatch deems appropriate in its sole discretion.
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h.
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Nude photos are not allowed as public profile photos. Nude photos can be posted as
password-protected
private photos.
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8.
Daily Limits.
To help guard against spammers, please be aware of the following daily limits:
- Members can initiate a maximum of 50 smiles to others per day
- Gold Members can initiate a maximum of 50 messages to others per day
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9.
Account Credentials Posted Online.
Your account credentials are private and not meant to be shared. If we find dharmaMatch account
credentials
have been posted on a public forum on the Internet, we will notify the account holder and request
they change
their password within 24 hours. If the account holder does not change the password within 24 hours,
we will
consider the sharing of account credentials deliberate and terminate the account without notice to
the account
holder.
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10.
Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied and posted on
the Service in a way that constitutes copyright infringement, please provide
us with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the
Website; your address, telephone number, and email address; a written statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a 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.
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11.
Automatic Account Suspension Due To Inactivity
If you have not used your account for 12 months,
dharmaMatch reserves the
right to automatically put your account in suspend status. While in suspend status, you will not
appear in
site searches, or in our matches email, and your profile will not be visible to others on the site.
Members can re-activate their accounts at any time by going to "Change Profile Visibility" under
"Account Settings".
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12.
Dormant Accounts May Be Deleted
We deem any account that has not been accessed for at least 5 years "dormant".
dharmaMatch reserves the
right to delete such accounts without notice to the account holder. Once deleted, any data
associated with the account will no longer be available.
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13.
Member Disputes.
You are solely responsible for your interactions with other
dharmaMatch Members.
dharmaMatch reserves the
right, but has no obligation,
to monitor disputes between you and other Members.
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14.
Privacy.
Use of the Website and/or the Service is also governed by our
Privacy Policy.
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15.
Disclaimers.
You are solely responsible for taking adequate safety precautions when meeting
anybody via the Website.
dharmaMatch is not
responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether
caused by users of the Website, Members or by any of the equipment
or programming associated with or utilized in the Service.
dharmaMatch is not responsible for the conduct, whether online or offline, of any
user of the Website or Member of the Service.
dharmaMatch assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user or
Member communications.
dharmaMatch is not
responsible for any problems
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 users and/or
Members or to any other person's computer related to or resulting
from participating or downloading materials in connection with the
Web and/or in connection with the Service. Under no circumstances
will dharmaMatch be
responsible for any loss or damage, including
personal injury or death, resulting from anyone's use of the
Website or the Service, any Content posted on the Website
or transmitted to Members, or any interactions between users
of the Website, whether online or offline. The Website and
the Service are provided "AS-IS" and
dharmaMatch expressly
disclaims any
warranty of fitness for a particular purpose or non-infringement.
dharmaMatch cannot
guarantee and does not promise any specific results
from use of the Website and/or the Service.
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16.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted,
in no event will
dharmaMatch be liable to
you or any third person for
any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the Web
site or the Service, even if
dharmaMatch has
been
advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein,
dharmaMatch'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
dharmaMatch for
the
Service during the term of membership.
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17.
U.S. Export Controls.
Software from this Website (the "Software") is further subject to
United States export controls. No Software may be downloaded from
the Website or otherwise exported or re-exported (i) into (or to
a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
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18.
Disputes.
If there is any dispute about or involving the Website and/or the Service,
by using the Website, you agree that the dispute will be governed by
the laws of the State of California without regard to its conflict of
law provisions. You agree to personal jurisdiction by and venue in the
state and federal courts of the State of California, City of San Francisco.
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19.
Indemnity.
You agree to indemnify and hold
dharmaMatch, its
subsidiaries, affiliates,
officers, agents, and other 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 use of the Service
in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties
set forth above.
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20.
Other.
This Agreement, accepted upon use of the Website and further
affirmed by becoming a Member of the Service, contains the
entire agreement between you and
dharmaMatch 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.
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Please
contact us
with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT
AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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