FRIENDMATCHCLUB TERMS OF SERVICE
Welcome to FriendMatchClub a service of 7 STAR ENTERTAINMENT, INC. (hereinafter referred to as “A7 STAR ENTERTAINMENT, INC.,” “FriendMatchClub,” “FriendMatchClub Site” or “Site”). The FriendMatchClub website provides an online swingers dating service (the “Service”) for singles and couples to meet and communicate, offering live video/audio streaming, blogs, chat, forums, etc.
This is a contractual agreement (“Terms of Service”) between you and FriendMatchClub. Please read these Terms of Service carefully before registering. By registering, you become a member of the FriendMatchClub Service (“Member”) and you agree to be bound by all of the terms and conditions contained in these Terms of Service, as they may be amended from time to time, for as long as you continue to be a member. Every time you log onto the FriendMatchClub Service, you ratify your agreement to these Terms of Service. The Terms of Service may be changed by FriendMatchClub at any time. Modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. FriendMatchClub may notify you from time to time either by posting a notice on the FriendMatchClub website, or via electronic mail (as determined in FriendMatchClub’s sole discretion) in the event of such changes.
MEMBERSHIP ELIGIBILITY
Minors may not become members. Registering with FriendMatchClub requires that you provide sufficient information to indicate that you are of majority age in your state or jurisdiction (for most states, the age of majority is 18 years old, but some states and foreign jurisdictions require you to be at least 19 or 21 years of age). The communications and materials which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is not of majority age (18 or older age where applicable), or who is offended by such materials, or who does not wish to be exposed to such materials. Parental-control protections are available commercially (from companies not affiliated with FriendMatchClub) that may assist you in limiting access to material that is harmful to minors.
By becoming a Member, you represent and warrant:
1) That you are of majority age (18 years old or older age where applicable).
2) That you will not permit anyone not of majority age (18 years old or older age where applicable) to access materials within the Site.
3) That you understand that access to the Site will potentially expose you to sexually graphic descriptions, images, sounds, and videos, and that you are voluntarily choosing to do so.
4) That you have not and will not use and/or view the Site(s) in a location where doing so would be a violation of any law.
SUBSCRIPTION/FEES
You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to be “video verified,” you must become a paying subscriber to the Service. Details of FriendMatchClub’s usage and/or subscription fees are provided to you upon registration and may change from time to time upon electronic notice to you.
BILLING/PAYMENT FOR PAYING SUBSCRIBERS
If your chosen subscription includes a fee, FriendMatchClub bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay FriendMatchClub all charges at the prices then in effect for any use of the Service by you, your agents, or other persons using your Billing Account. You expressly authorize FriendMatchClub to charge your chosen payment provider (your “Payment Method”) for the Service and you agree to make payment using that selected Payment Method. All payments to FriendMatchClub are non-refundable. FriendMatchClub may correct any errors or mistakes that it makes in billing even if it has already requested or received payment.
1) Recurring Billing: Paying subscriptions to the Service consist of an initial charge followed by recurring periodic charges. By becoming a paying subscriber, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. FriendMatchClub may submit periodic charges (e.g., monthly) without further authorization from you until such time that you provide prior written notice of termination of this authorization or wish to change your payment method.
2) Current Information: You must provide current, complete and accurate information for your billing account. You agree to immediately notify FriendMatchClub of any change or cancellation in your credit card account, including, without limitation, your billing address, account number, or expiration date.
3) Payment Method: The terms of your payment are based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If FriendMatchClub does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
4) Change in Payment Amount Authorized: Should the amount to be charged to your Billing Account vary from the amount you preauthorized (other than changes due to state sales taxes), FriendMatchClub shall provide notice of the change and the date of the charge at least 10 days before the scheduled date of the transaction.
TERMINATION
Either you or FriendMatchClub may terminate your FriendMatchClub membership at any time, for ANY reason, effective upon sending written or email notice to the other party. FriendMatchClub may immediately suspend or terminate your access to the FriendMatchClub Service, without notice, for any breach of the Terms of Service by you which is brought to FriendMatchClub’s attention. FriendMatchClub may also, in its sole discretion, block Members with certain IP addresses from accessing the website to protect the integrity of the Service. To cancel your membership, you may send an e-mail to: billing@friendmatchclub.com.
NON-COMMERCIAL USE BY MEMBERS:
This Site is for personal use ONLY and may not be used for any commercial endeavors. Non-individuals such as organizations, companies, and/or businesses may NOT become members of this site and shall not use the FriendMatchClub Service or Site for any purpose, including but not limited to: sending unsolicited commercial e-mail or chat messages to members, sending advertisements for other websites and services in this Site's chat rooms, forums or blogs, or using information identifying members for commercial purposes. Illegal and/or unauthorized uses of this Site will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at FriendMatchClub’s sole discretion. FriendMatchClub may take reasonable preventative measures to mitigate prohibited uses of the Service, including the limiting of the numbers of emails, chat, or blog messages sent, posted, or received by a member, and filtering electronically or terminating messages at FriendMatchClub’s sole discretion.
ACCOUNT SECURITY
You will get a user I.D. and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user I.D., and are fully responsible for all activities which occur under your password or account. If you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password, you agree to immediately notify FriendMatchClub.
MEMBER INTERACTION/POSTED CONTENT
1) Interaction with Members Generally: You are solely responsible for your interactions with other Members. FriendMatchClub does not solicit or control the information or content provided by other Members that is made available through our Service. Other than Video Verifying paying Members’ physical Profiles, FRIENDMATCHCLUB DOES NOT PRESCREEN OR PERFORM BACKGROUND CHECKS ON ANY MEMBER OR OTHER USER OF THE FRIENDMATCHCLUB SERVICE, AND, THEREFORE, IT DISCLAIMS ANY LIABILITY FOR ANY INFORMATION, DATA OR OTHER MATERIALS POSTED BY SUCH INDIVIDUALS, FOR ANY RESPONSES YOU MAY RECEIVE TO INFORMATION YOU POST ON THE FRIENDMATCHCLUB SERVICE, FOR ANY MEETINGS BETWEEN YOU AND SUCH INDIVIDUAL WHETHER IN PERSON, BY TELEPHONE OR BY OTHER MEANS, OR FOR ANY OTHER DAMAGES, INJURIES OR CONSEQUENCES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, FORESEEABLE OR UNFORESEEABLE, PHYSICAL OR EMOTIONAL.
2) Other Member Abuse of the Service: It is possible that other Members or users of the FriendMatchClub Service (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the FriendMatchClub Service and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you due to your use of the FriendMatchClub Service, and that the recipient may use such information to harass or injure you. Because of these concerns, please carefully select the type of information that you post on the FriendMatchClub Service or release to others. FriendMatchClub is not responsible for the use of any personal information that you may choose to disclose on the FriendMatchClub Service.
3) Monitoring Content: FriendMatchClub reserves the right, but has no obligation, to monitor the materials posted in the public areas of the FriendMatchClub Service, including
without limitation Members’s Profiles. FriendMatchClub shall have the right to remove any such material that, as it determines in its sole discretion, violates or is
alleged to violate any law, violates these Terms of Service, or is not in keeping with FriendMatchClub’s professional image or standards. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the Service, including your Profile, and your private E-mail and Chat messages. E-mails, Chats, etc. sent between you and other Members that are not readily accessible to the general public will be treated as private by FriendMatchClub to the extent required by applicable law. However, private content may be reviewed by FriendMatchClub if cause has been established for such an action, based on reports or suspicion or violation of any law, regulation, or court order. Any materials, interactions, or solicitations by other Members you find harmful, deceptive, offensive or otherwise in violation of the Terms of Service may be reported to “Report Member Abuse”.
4) Unreliability of Posted Content: Any opinions, advice, statements, offers, or other information or content made available by other Members through the
FriendMatchClub Service are those of their respective authors and not of FriendMatchClub, and should not necessarily be relied upon. Such authors are solely responsible
for such content. FriendMatchClub does not guarantee the accuracy, completeness, or usefulness of any information on the FriendMatchClub Service, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on or available through the FriendMatchClub Service. Any statements made available through FriendMatchClub, including without limitation, relationship advice, is provided for entertainment purposes only, and should not be construed as counseling of any kind. Members who may be seeking personal advice applicable to their individual situation or personal problems should seek consultation with a qualified professional with respect to such issues. Under no circumstances will FriendMatchClub be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service or transmitted to other Members. FriendMatchClub may change the content of the FriendMatchClub Service at any time and without prior notice.
LIMITATIONS ON SERVICE
You acknowledge that FriendMatchClub may establish limits concerning use of the Service, including the maximum number of days that content you submit (“Content”) will be retained on this Site by this Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FriendMatchClub has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FriendMatchClub reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FriendMatchClub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
PROHIBITED ACTIVITIES:
The following is a non-exclusive list of prohibited activities that you, as a member, acknowledge and agree not to engage in:
1) You will not impersonate any person or entity, including, but not limited to, FriendMatchClub or any of its employees, nor will you misrepresent or falsely state your affiliation with a person or entity, or disguise the origin of any information transmitted through the Service (this provision does not apply to Content that constitutes lawful non-deceptive parodies of public figures).
2) You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
3) You will not post, distribute or transmit to other Members, users of the FriendMatchClub Service, or any FriendMatchClub employees any item that is defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive or illegal, or any material that infringes or violates another’s rights (including but not limited to intellectual property rights such as copyrights, patents, trademarks and trade secrets and rights of privacy and publicity).
4) You will not “stalk” or harass others.
5) You will not include in your Profile any of the following items: telephone numbers, street addresses, last names, HTML or other computer compatible or executable code, URL's, E-mail addresses, offensive, libelous or slanderous statements, or racially or religiously offensive statements, any information that is solicitous of any type of product or service, or any other material or statement that FriendMatchClub may, in its sole discretion, deem inappropriate.
6) You will not post obscene photos, videos, or language. FriendMatchClub reserves the right to reject any Profile, photo, video, or language that does not comply with these prohibitions or any Terms of Service.
7) You will not post, distribute, transmit, or reproduce any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
8) Your usage of the FriendMatchClub Service will not be in a manner inconsistent with applicable state and federal laws and regulations.
9) You will not disrupt the normal flow of dialog or otherwise act in any manner which negatively impacts other Members’ ability to use the FriendMatchClub Service.
10) You will not use any form of automated device, computer program, or posting agent that enables the submission of Content on FriendMatchClub without such Content being manually entered by you, including without limitation, the use of any such automated posting device to submit Profiles, emails, chat messages, etc. in bulk, or for automatic submission of Profiles, emails, chat messages, etc. at regular intervals.
11) You will not post any link to the FriendMatchClub Service on any internet website without FriendMatchClub’s express prior written permission,
nor will you use “meta tags” or code or other devices containing any reference to FriendMatchClub in order to direct any person to any other website for any purpose.
12) You will not collect personal data about other users for commercial or unlawful purposes.
13) You will not send or post content that constitutes or contains “chain letters,” “junk,” “spam,” “pyramid schemes,” “affiliate marketing,” of “link referral codes.”
14) You will not interfere with or disrupt the FriendMatchClub Service or server or networks providing or connected to the FriendMatchClub Service.
15) You will not attempt to gain unauthorized access to FriendMatchClub’s computer systems.
16) You will not use any robot, spider, crawler, 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 Service or its contents.
17) You will not post, 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.
INDEMNITY BY MEMBER
You agree to defend, indemnify and hold harmless FriendMatchClub, its officers, directors, shareholders, employees, consultants, agents and third parties, from any and all claims, demands, suits, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use and activities while using the FriendMatchClub’s Service, including any breach by you of the Terms of Service, as may be amended from time to time.
PROPRIETARY INTERESTS AND RIGHTS
The FriendMatchClub Service and its contents are intended solely for the use of FriendMatchClub Members and may only be used in accordance with the Terms of Service. All materials displayed or performed on or through the FriendMatchClub Service (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by FriendMatchClub or its third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the FriendMatchClub Service.
FriendMatchClub retains all proprietary rights in and to the FriendMatchClub Service, including without limitation, copyrights, trademarks, service marks, patents, ideas or concepts, inventions and designs. The FriendMatchClub Service, including without limitation the www.friendmatchclub.com website is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the software, materials, or advice in whole or in part.
This Agreement does not authorize you to reproduce or use in any manner the intellectual property rights owned or licensed by FriendMatchClub except as otherwise set forth in the Agreement. In no event do you have the right to use trademarks, owned or licensed by FriendMatchClub.
You acknowledge that you have no ownership rights in or to the FriendMatchClub Service, including without limitation the www.friendmatchclub.com website. To the extent that any rights in the FriendMatchClub Service are created, you hereby assign all rights, title and interest in and to such FriendMatchClub Service to FriendMatchClub.
You may download or copy the Content, and other items displayed on the FriendMatchClub Service or download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from FriendMatchClub, and from the copyright holder identified in such Content’s copyright notice.
PRIVACY AND SECURITY
In registering to become a Member, you must provide FriendMatchClub with certain personal information which will be treated in accordance with FriendMatchClub’s privacy policy [link].
While FriendMatchClub shall take commercially reasonable security efforts to prevent unauthorized disclosure of such information, you expressly recognize that it is impossible to maintain flawless security, and agree to hold FriendMatchClub harmless from and against any breach of security not due to FriendMatchClub’s gross negligence or intentional misconduct.
DISCLAIMER OF WARRANTY
FRIENDMATCHCLUB PROVIDES THE FRIENDMATCHCLUB SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH FRIENDMATCHCLUB OR ITS REPRESENTATIVES OR OTHERWISE WITH RESPECT TO THE SERVICE. FRIENDMATCHCLUB SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FRIENDMATCHCLUB DOES NOT WARRANT THAT YOUR USE OF THE FRIENDMATCHCLUB SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. FRIENDMATCHCLUB DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE SERVICE INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE.
LIMITATION OF LIABILITY
In no event will FriendMatchClub be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to: damages for loss of data; loss of programs; cost of procurement of substitute services; service interruptions; or errors, transmission delays, deletions, communications-line failures, theft of, destruction or unauthorized access to, or alteration of, Member communications) arising out of the use of or inability to use the FriendMatchClub Service, even if FriendMatchClub or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, FriendMatchClub’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 FriendMatchClub for the FriendMatchClub Service in the twelve (12) months prior to the action giving rise to such liability.
FriendMatchClub will not be held responsible for any technical malfunction of or problems with telephone networks/lines, online computer systems, servers/providers, computer equipment, software, email delivery failure on account of technical problems or internet traffic congestion generally or specific to a website, including injury or damage to Members and/or any other users 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 this Service.
In addition, FriendMatchClub disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or “hackers”) of the FriendMatchClub Service.
LINKS TO THIRD PARTY SITES
Certain website links provided by the FriendMatchClub Service may let you leave the FriendMatchClub Service and enter a website not provided by, or not under the control of FriendMatchClub (“Third Party Links”). FriendMatchClub is not responsible for the content of any linked website, any link contained in a linked website or any changes or updates to such websites. FriendMatchClub provides these Third Party Links to you only as a convenience and the inclusion of a Third Party Link does not imply endorsement by FriendMatchClub of the site.
U.S. EXPORT CONTROLS
No software or programs from this Site may be downloaded or otherwise exported or re-exported (1) into or to a national or resident of Cuba, Iran, Libya, North Korea, Sudan, and Syria, or any other country upon which or person upon whom the United States has placed export controls, including 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 this Site’s software or programs, you represent and warrant that you are permitted by U.S. export controls to do so and are not located in, under the control of, or a national or resident of any such country or on any such list.
STATE BY STATE VARIATIONS
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability, so the above disclaimers of warranty and limitations of liability may not apply to you.
GENERAL PROVISIONS
You agree that internal Florida law (regardless of conflicts of law principles) shall govern the Terms of Service, and that any dispute
arising out of or relating to the Terms of Service shall be subject to the federal and state courts in the Southern District of Florida.
These Terms of Service, accepted upon registering for the FriendMatchClub Service, contain the entire agreement between you and FriendMatchClub regarding your use of the FriendMatchClub Service. These Terms of Service may be amended by FriendMatchClub at any time, notice of which may be given by posting on the Site, or by email, as determined in FriendMatchClub’s sole discretion, or by mutual agreement between you and FriendMatchClub, as evidenced by a writing signed by you and an authorized official of FriendMatchClub. If you choose not to accept any changes in the Terms of Service, you should immediately cancel your membership. Continued use of the FriendMatchClub Service will be deemed acceptance of the Terms of Service, as amended. Unless otherwise explicitly stated, the Terms of Service will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
MEMBER COMPLAINT PROCEDURE
To resolve a complaint regarding the FriendMatchClub service, please contact Us Here or Toll Free in the USA at 1-866-354-7171.
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