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Terms and Conditions of Use MixMatchs.com ("Site" or "Company") offers you a wide range of products and services ("Materials" or "Services") via this web site. Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions. Attention: This Site and these Terms and Conditions may be changed by MixMatchs.com with or without notice. Please review this link on a regular basis for changes. Continued use of this web site following any change constitutes your acceptance of the change. Terms and Conditions 1. MixMatchs.com is a public access general purpose profile hosting web site and community for all lifestyles. MixMatchs.com provides a hosting service for person to person display, marketing, and communication. MixMatchs.com does not own or claim to own any personal profile content or images uploaded by individual users for individual promotion and presentation. It is the responsibility of the user to abide by this agreement and site guidelines. MixMatchs.com uses various third party payment systems; each user is responsible to review and abide by the rules of those systems. 2. MixMatchs.com has consistently lead the way in advanced features, data driven technology and ease of use. 3. Disclaimer: The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER DATING COMMUNITY SERVICES, INC. NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. 4. The Service and the Sites include bulletin boards and chat rooms which allow you and other users to post information, provide feedback to MixMatchs.com and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes US Federal, and International Trademark or copyright laws and restrictions in any way. You will be responsible for, and indemnify and hold harmless MixMatchs.com, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although MixMatchs.com and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and bulletin boards on the Site, neither MixMatchs.com nor its affiliates is under any obligation to do so. MixMatchs.com reserves the right to change or modify profile information or message board postings as needed and without notice. You acknowledge that MixMatchs.com and its affiliates do not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely liable for their content. MixMatchs.com and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links,, email addresses, images, and content submitted to, or posted on the chat rooms, bulletin boards, or profiles. MixMatchs.com has guidelines regarding posting of appropriate images, email addresses, content, and links. You agree to read and adhere to the guidelines as posted throughout the site. 5. Your use of the Service and the Sites is at your own risk. NEITHER MixMatchs.COM, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MixMatchs.COM, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON. 6. Any communication or material you post or transmit to the Service and/or the Sites is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant MixMatchs.com and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. 7. MixMatchs.com and its affiliates do not review or monitor any web sites linked to the Service or from personal profiles on this site. When clicking links to personal pages from MixMatchs.com all users of the system acknowledge that MixMatchs.com is not responsible for the accuracy or content of those links. You agree to not post URL's and other web links in any form, into your personal home page section, or the main profile page as links or text, that lead to ADULT SITES or Pay Sites. MixMatchs.com reseves the right to remove from it's sites any references or profiles containing Adult Sites or Pay Sites without notice. Additionally certain links to sites, as determined from time to time by MixMatchs.com, or the use of links and web addresses, or the use of html formatting and scripting in certain profile types as determined by MixMatchs.com, may not be permitted within the profile or as an acceptable use of the personal home page link or as profile content. MixMatchs.com is under no obligation to provide exposure to competing sites through links or other methods in profile and may remove those at it's discretion, and without notice. MixMatchs.com permits one main member profile per person. 8. The Promotion and Recruitment of Escorts, Escort Services, Personal Companions, (etc.) are contrary to the purposes of MixMatchs.com, and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on this site is strictly prohibited. Profiles that are used for the solicitation or promotion of escort services in ANY way will be immediately disabled. This includes (but is not limited to): Use of the referral system, hyperlinks to external sites promoting escorts, URLs (web addresses) promoting escorts and any other activity that the staff of MixMatchs.com deems as solicitations, promotions, or offers 9. MixMatchs.com has a stated policy regarding the posting of sexually explicit images to its web pages. Sexually explicit images of minors are not permitted on this site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal, or overt sexual positions. Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member profile. Consistent misclassification (rating) or categorization of images may result in the forced setting of ratings and in gross violations may result in the removal of your profile. No refund will be given if your profile is removed for breach of this section of the terms 10. MixMatchs.com does not support bandwidth theft, the linking of images from MixMatchs.com to other sites, or the misuse of links from Other sites to MixMatchs.com. Anyone found linking images from MixMatchs.com to other sites, copying content from MixMatchs.com, or inappropriately linking to MixMatchs.com (to increase their views - through use of hidden frames, or using programs to artificially raise page views etc.) will result in permanent REMOVAL from MixMatchs.com without notification and may necessitate the notification of the appropriate State and/or Federal authorities. 11. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties, and shall therefore be the sole responsibility and liability of the poster. 12. As a member of MixMatchs.com - you will receive regular email updates and will be contacted by other system members seeking to work with you, and you will receive occasional email from the MixMatchs.com. As new features or member programs and promotions are developed and launched you will be informed via the postings to the site and also by email. We endeavor to limit email contact as much as possible from the system administrators, however when email is sent and returned with an email bad address, we will attempt to locate a correct address from any linked web site, and failing that your profile will be disabled (if you discover your profile has been disabled because of bad contact information, please contact us with the correct information and we will re-activate your profile. 13. This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of California. By your usage of, or your posting to, this site constitutes your agreement to, but not limited to, the current conditions listed in this agreement. 14. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the Terms, by emailing to: abuse@MixMatchs.com Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for MixMatchs to pursue legal action to enforce the Terms, you will be liable to pay MixMatchs the following amounts as liquidated damages, which you accept as reasonable estimates of MixMatchs's damages for the specified breaches of the Terms: a. If you post a message that (1) impersonates any person or entity; (2)falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay MixMatchs one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. b. If MixMatchs establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay MixMatchs one hundred dollars ($100) for each violation in excess of such limits or for each day on which you access MixMatchs.com in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to MixMatchs members through MixMatchs computer systems, you agree to pay MixMatchs twenty five dollars ($25) for each such email. d. If you post Content in violation of the Terms, other than as described above, you agree to pay MixMatchs one hundred dollars ($100) for each Item of Content posted. In its sole discretion, MixMatchs may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay MixMatchs one hundred dollars ($100) for each and every Item of Content posted in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay MixMatchs an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the Terms. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms without MixMatchs's express written permission, you agree to pay MixMatchs three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay MixMatchs's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms, MixMatchs retains the right to seek the remedy of specific performance of any term contained in the Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms, or any combination thereof. ALLEGED COPYRIGHT INFRINGEMENT Website Notice - Designated Agent PLEASE BE ADVISED THAT IF YOU KNOWLINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES. ANY INQUIRIES OTHER THAN RELATED TO THE DMCA WILL BE DELETED. As required by the Digital Millennium Copyright Act of 1998 (!7 U.S.C. 512 (c), all notifications of claimed copyright infringement regarding Websites hosted by MixMatchs.com should be sent ONLY to our designated agent. MixMatchs.com 4335 Van Nuys Blvd. Suite 303 Sherman Oaks, CA 91403 Legal@MixMatchs.com If you believe a Website linked by MixMatchs.com or image infringes a copyright, you must provide the following information to the person identified above ( 17 USCA ? 512 et al as amended): A physical or electronic signature of the copyright owner or authorized agent; Identification of the copyrighted work(s) claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information regarding how we may contact you (for example, mailing address, telephone number, E-mail address); A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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