MeetMaker LLC ("MeetMaker") maintains this website as a
service to its customers. By accessing and/or using the web site owned,
operated and maintained by MeetMaker ("MeetMaker.com"), you are expressly
agreeing to comply with and be bound by the following Terms of Use and the
MeetMaker Privacy Statement, as well as all applicable laws and regulations.
We've created these Terms of Use to protect you and to ensure that MeetMaker is
safe and fun for everybody. If you do not agree with these Terms of Use, you
are not authorized to use MeetMaker.com and must not access or use it!
MeetMaker may revise and update these Terms of Use at any time; please
periodically review them, because your continued usage of MeetMaker.com
indicates your agreement with any such changes.
1. Copyright.
Ownership. All content included on MeetMaker.com, such as text, graphics,
logos, button icons, images, audio clips and software, is the property of
MeetMaker or its content suppliers and protected by
U.S.
and international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on MeetMaker.com is the exclusive
property of MeetMaker and protected by
U.S.
and international copyright laws. All software used on MeetMaker.com is the
property MeetMaker or its software suppliers and protected by
U.S.
and international copyright laws.
Permitted Use. The content and software on MeetMaker.com may be used as
an information, entertainment, registration and shopping resource. In addition,
MeetMaker hereby authorizes you to view, copy, download, and print for personal
use only any MeetMaker-owned content on MeetMaker.com. Such personal use is
subject to the following conditions: (i) content may be used only for
non-commercial, informational purposes and may not be posted or distributed,
(ii) the content may not be modified, and (iii) copyright, trademark and other
proprietary notices may not be removed. This permission does not extend to
materials owned by MeetMaker licensors. Except as expressly stated in these
Terms of Use or as otherwise specifically authorized by MeetMaker, you may not
duplicate, download, publish, modify or otherwise distribute (including through
the use of frames or deep links) the material on MeetMaker.com. Furthermore,
you may not copy, reproduce or distribute the design or layout of
MeetMaker.com, the MeetMaker logos or other design elements or software. Any
use of the MeetMaker Site content not described herein is strictly prohibited.
Copyright Complaints. MeetMaker respects the intellectual property of
others, and we ask our content partners and MeetMaker members to do the same.
If you believe that your copyrighted work has been copied and is accessible on
MeetMaker.com in a way that constitutes copyright infringement, you may notify
MeetMaker by providing MeetMaker's copyright agent the following information:
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an electronic or physical signature of the owner of the copyright or the person
authorized to act on the owner's behalf.
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A description of the copyrighted work that you claim has been infringed and a
description of the infringing activity.
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Identification of the location where the original or an authorized copy of the
work exists, for example the URL (i.e., web page address) where it is posted or
the name of the magazine in which it has been published.
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Identification of the URL or other specific location of MeetMaker.com where the
material that you claim is infringing is located, including enough information
to allow us to locate the material.
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Your name, address, telephone number and e-mail address.
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A 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.
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A statement by you, made under the penalty of perjury, that the above
information is your notice is correct and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Send notice of claims of copyright
infringement on the MeetMaker to: Tracy Gough, President, MeetMaker LLC,
3180 MacBRandon Ln,
Pfafftown,
NC,
27040.
2. Permitted Use of MeetMaker Trademarks
MeetMaker trademarks identify MeetMaker products and services, and let the
public know the source of those products and services. You may make fair use of
our trademarks in advertising and promotional materials, and in referring to
our products and services (for example, in a magazine article) without our
permission, provided you follow standard trademark usage practices and provide
proper attribution. Other uses require written permission from MeetMaker.
Please make such requests by e-mail to support@MeetMaker.com;
we will evaluate your request as soon as possible.
Trademarks: MeetMaker.com, MeetMaker.com and Logo, Eliminate the paper.
Use MeetMaker.
3. User Submissions and Content
MeetMaker may provide interactive areas on MeetMaker.com, in which users may
post communications. You alone are responsible for the content of your
communications, and the consequences of any such communications. By submitting
content, which shall include your member name, to any "interactive area" of
MeetMaker.com, including message boards, forums, and chat rooms, you grant
MeetMaker a royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, perform and display the
content (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 rights that may exist in such content. You also permit any
subscriber to access, display, view, store and reproduce such content for
personal use.
In consideration of being allowed to use the MeetMaker interactive areas, you
agree:
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not to use MeetMaker.com to send or post on message boards or any place on
MeetMaker.com, any message or material that is unlawful, harassing, libelous,
defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually
oriented, threatening, racially offensive, inaccurate, or otherwise
objectionable material of any kind or nature or that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation, or encourage the use of controlled substances.
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not to impersonate any other person or entity, whether actual or fictitious,
including impersonating an employee or consultant of MeetMaker.
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not to use an inappropriate member name of any kind.
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not to post or use MeetMaker.com to distribute or send any illegal material of
any kind, including but not limited to, illegal material in the form of text,
graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of Use. MeetMaker
reserves the right to delete from MeetMaker.com any postings or member names
that violate the above terms and will cooperate fully with any law enforcement
officials and/or agencies in the investigation of any violator or violators.
4. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites.
The linked sites are not under our control, and we make no representations as
to the quality, suitability, functionality or legality of any sites to which we
may provide links. You hereby waive any claim you might have against MeetMaker
with respect to such sites.
In addition, you may order services or merchandise through MeetMaker.com from
other persons not affiliated with MeetMaker ("Seller"). For example, you may
choose to register for a sporting event and purchase event-related merchandise
on MeetMaker.com. All matters concerning the merchandise and services desired
from a Seller, including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely between you and
the Seller. MeetMaker makes no warranties or representations whatsoever with
regard to any goods or services provided by Sellers. You will not consider
MeetMaker, nor will MeetMaker be construed as, a party to such transactions,
whether or not MeetMaker may have received some form of revenue or other
remuneration in connection with the transaction. You agree that MeetMaker will
not be liable for any costs or damages arising out of such transactions, either
directly or indirectly.
MeetMaker and/or third parties may, from time to time, send e-mail messages to
you containing advertisements, promotions, etc. MeetMaker makes no
representation or warranty with respect to the content of any such e-mail
messages or any goods or services which may be obtained from such third
parties, and you agree that neither MeetMaker nor such third party shall have
any liability with respect thereto.
5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and
password (your "registration"). You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
MeetMaker of any unauthorized use of your registration.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF MEETMAKER IS AT YOUR SOLE RISK. MEETMAKER IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEETMAKER EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. YOU AGREE THAT MEETMAKER’S LIABILITY TO YOU SHALL NOT EXCEED
THE TOTAL AMOUNT OF MONIES RECEIVED BY MEETMAKER FROM YOU.
MeetMaker makes no warranty that MeetMaker.com services will be uninterrupted,
secure or error free. MeetMaker does not guarantee the accuracy or completeness
of any information in, or provided in connection with, MeetMaker.com. MeetMaker
is not responsible for any errors or omissions, or for the results obtained
from the use of such information. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of MeetMaker.com
is at your own discretion and risk and that you will be solely responsible for
any damage to your own computer system or loss of data that results from the
download of such material and/or data.
7. Limitation of Liability
MEETMAKER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE
MEETMAKER OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MEETMAKER OR (D) THE USE BY YOU
OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH MEETMAKER (E)
YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY MEETMAKER (F)
PERSONAL INJURY NOT CAUSED BY MEETMAKER’S GROSS NEGLIGENCE (G) RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF MEETMAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to defend, indemnify and hold harmless each of MeetMaker and its
officers and employees or the author of any training program from any claim,
demand, loss, liability or expense (including reasonable attorneys' fees),
relating to or arising out of your use of MeetMaker, any of its websites, any
products purchased off of MeetMaker’s websites, the use by you of any training
programs purchased through MeetMaker, your violation of these Terms and
Conditions, or the infringement by you, or any other subscriber of your
account, of any intellectual property or other right of any person or entity.
9. Termination
MeetMaker reserves the right, at its sole discretion, immediately and without
notice to suspend or terminate (i) these Terms of Use; (ii) your registration
with or ability to access MeetMaker and/or any other service provided to you by
MeetMaker upon any breach by you of the Terms of Use or upon your demonstration
of conduct that MeetMaker determines to be inappropriate.
10. Applicable Law; Consent to Jurisdiction
MeetMaker.com (excluding linked sites) are controlled by MeetMaker from its
offices within the State of North Carolina, United States of America.
MeetMaker.com can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of North Carolina, by accessing MeetMaker.com both you and MeetMaker
agree that the statutes and laws of the State of North Carolina, without regard
to the conflict of laws principles thereof, will apply to all matters relating
to use of MeetMaker.com.
You agree that exclusive jurisdiction for any dispute with MeetMaker, or in any
way relating to your membership or use of MeetMaker, resides in the courts of
the State of North Carolina and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of the State of North Carolina
in connection with any dispute including any claim involving MeetMaker or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers. If any provision of these
terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions.
11. Miscellaneous
The failure of either party to insist upon or enforce strict performance by the
other party of any provision of the Terms of Use or to exercise any right under
the Terms of Use will not be construed as a waiver or relinquishment to any
extent of such party's right to assert or rely upon any such provision or right
in that or any other instance, rather, the same will be and remain in full
force and effect.
MeetMaker may assign its rights and obligations under these Terms of Use and
upon such assignment MeetMaker may be relieved of any further obligation
hereunder.
You represent to MeetMaker that you have the authority to register with
MeetMaker according to these Terms of Use.
With your prior approval, MeetMaker reserves the right to charge fees,
surcharges and/or membership fees at any time. Please see our Payment Policies for additional information.