Certain products or services offered by this Website may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or MATCH Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN MATCH’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Some parts of this Website may contain adult content intended for people who are at least eighteen (18) years old. By viewing this adult content, you are representing that you are at least eighteen (18) years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Website content.
This Agreement informs you of MATCH’s practices with respect to the online collection, use, and disclosure of personal information from the Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our Website by providing you with information that suits your interests.
MATCH is the owner of this Website and retains all ownership rights to the information collected at this Website. MATCH reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
ARTICLE 1. PERSONALIZATION
1.1 We may use the contact information you give us to better tailor your Website experience to your interests, and to send you information about MATCH and its services as well as promotional material on behalf of some of our partners. We may use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the MATCH family in order to enhance your experience on this and other MATCH Websites.
1.2 In addition, we may share this information with advertisers or other third parties that are not part of the MATCH family on an aggregate or other basis that does not disclose your identity or contact information.
ARTICLE 2. ONLINE SURVEYS/CONTESTS
2.1 From time to time, we may conduct online surveys and contests. These may ask you for contact information (like name or email address) and demographic information (like zip code or age).
2.2 We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
ARTICLE 3. SHOPPING/COMMERCIAL SERVICES
3.1 This Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
3.2 We will use the financial information that you provide to bill you for products and services. By giving our Website your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
3.3 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
ARTICLE 4. PUBLIC FORUMS
4.1 This Website may make available chat rooms, blogs, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
ARTICLE 5. INFORMATION SHARING WITH THIRD PARTIES
5.1 From time to time we may enter into a special relationship with another company that is not owned by MATCH to provide additional features at this Website. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.
5.2 Also, the nature of some features of our Website may require that we share personal information about you with persons or companies outside of the MATCH family. For example, this may occur at a feature that enables you, via our Website, to ask questions of persons or entities that are not part of the MATCH family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
5.3 With respect to specific registration modules, like contests, we may disclose personal information collected, and we may post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.
5.4 Finally, we may share any of the information collected from you with these other non-MATCH companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
ARTICLE 6. IP ADDRESS AND LOG FILES
6.1 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
ARTICLE 7. COOKIES
7.2 In addition, on occasion our site may also set a “session cookie” which helps us administer the Website. The session cookie expires when you close your browser and does not retain any information about you after it expires.
ARTICLE 8. BANNER ADVERTISING
8.1 We have contracted with an ad-service to place banner advertising on our Website. All of the data provided and generated by the ad-server software remains in our possession. This feature of our Website may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information described in this statement.
ARTICLE 9. CHILDREN’S PERSONAL INFORMATION
9.1 Consistent with the Children’s Online Privacy Protection Act:
9.1.1 This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of thirteen (13).
9.1.2 In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
9.1.3 In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
ARTICLE 10. SECURITY OF YOUR PERSONAL INFORMATION
10.1 MATCH employs reasonable security measures consistent with standard industry practice, for information collected through this Website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our Website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.
ARTICLE 11. SALE OR MERGER
11.1 If this Website is sold to, or merges with, another company not owned by MATCH, you should expect that some or all of the information collected from this Website may be transferred to the buyer/surviving company. If so, MATCH will seek to obligate the acquiring company to use any personal information transferred by this Website in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
ARTICLE 12. LEGAL PROCESS
12.1 You should be aware that MATCH may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
ARTICLE 13. CONTACTING THE WEBSITE
13.1 If you have any questions about this Privacy Statement, the practices of this Website, or your dealings with this Website, please contact us here.
ARTICLE 14. GENERAL INFORMATION
14.1 This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
14.2 You agree that any cause of action you or MATCH brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in South Carolina.
14.3 You agree to submit to the personal jurisdiction of the courts of the State of South Carolina for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
14.4 If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and MATCH with respect to the use of this MATCH Website and shall not be modified except in writing, signed by an authorized representative of MATCH.
ARTICLE 15. EUROPEAN UNION AND OTHER FOREIGN NATIONS
15.1 This Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. MATCH makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this Website and submitting any personal information, visitors from outside of the United States acknowledge the this Website is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) constitute an agreement between you and Matchstick Social (“Matchstick Social"), and govern your use of the website www.matchsticksocial.com (the “Website”) and your submission (a “Submission”) of any material, including without limitation, your comments, name, text, photographs, videos, and any other content or information, (the “Content”) for use.
By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms and conditions. Matchstick Social reserves the right to modify these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions posted to these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must be eighteen (18) years of age or older in order to submit Content.
ARTICLE 1. GRANT OF RIGHTS
1.1 By making a Submission of Content, you hereby grant to Matchstick Social , its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or any part thereof, as well as any other information you provide to Matchstick Social , anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of commerce, merchandising, entertainment, advertising, promotion or trade in promoting and publicizing the Website, Matchstick Social , and its products and services.
1.2 Matchstick Social shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that Matchstick Social deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Submission.
ARTICLE 2. RIGHT TO REMOVE
2.1 Matchstick Social shall have no obligation (express or implied) to post or otherwise use your Submission and Matchstick Social may at any time remove your Submission at any time and for any reason without prior notice.
2.2 In addition, Matchstick Social shall have the right to prevent any person from using this Website at Matchstick Social sole discretion.
ARTICLE 3. REPRESENTATIONS AND WARRANTIES
3.1 You represent and warrant to Matchstick Social as follows:
3.1.1 You are eighteen (18) years of age or older;
3.1.2 You have fully complied with all rules, terms and conditions contained in these Terms and Conditions;
3.1.3 The statements you make or stories you tell in the Submission as well as any other information you provide to Matchstick Social are true and correct;
3.1.4 You have secured all rights from all other persons who appear in the Submission necessary to allow you to grant to Matchstick Social all rights of such other persons in the Submission;
3.1.5 You are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third-party materials necessary to allow you to grant to Matchstick Social the rights in the third-party materials as detailed in the paragraph above, captioned “Grant of Rights”;
3.1.6 You have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by Matchstick Social will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.
3.1.7 In addition, the Submission does not contain any content:
(a) That is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable;
(b) That promotes hatred or physical harm of any kind against any group or individual;
(c) That is derogatory to members of a particular race, nationality, sex, sexual orientation or religion;
(d) That promotes illegal activity; or
(e) That contains any advertising or other commercial content.
ARTICLE 4. USER GENERATED CONTENT
4.1 You understand and agree that when using the Website, you may be exposed to content posted or submitted by users (collectively, “User Generated Content”), and that Matchstick Social is not in any manner responsible for the User Generated Content, and that Matchstick Social does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Generated Content, and that Matchstick Social cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.
4.2 You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, Matchstick Social is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
4.3 Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Matchstick Social or its affiliated or related entities or content providers.
ARTICLE 5. INDEMNIFICATION
5.1 You hereby agree to defend, indemnify and hold Matchstick Social , its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by Matchstick Social and any breach or alleged breach of any of your warranties, representations or agreements hereunder.
ARTICLE 6. CHILDREN’S PRIVACY
6.1 The site is intended for adults and only. We do not intentionally or knowingly collect, personally-identifiable information from people under the age of eighteen (18) and we request that individuals under the age of eighteen (18) not view this Website or submit any personal information or Submissions on the Website.
ARTICLE 7. LINKED SITES
7.1 You may be able to link to third parties’ Web Sites (”Linked Sites”) from the Website or any other Matchstick Social website. Linked Sites are not, however, reviewed, controlled, or examined by Matchstick Social in any way and Matchstick Social is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.
7.2 These links do not imply Matchstick Social endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Matchstick Social be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.
7.3 You should direct any concerns to that site’s administrator or webmaster. Matchstick Social reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
7.4 Permission must be granted by us for any type of link to the Website.
7.4.1 To seek our permission, you may write to Matchstick Social here.
7.4.2 We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our sole discretion at any time.
ARTICLE 8. CONTESTS, PROMOTIONS, SIMULATIONS OR GAMES
8.1 From time to time, Matchstick Social may offer as part its services, either on or through the Website, contests, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Matchstick Social . Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Matchstick Social , at its sole discretion, may suspend or revoke the registration of any Registered User.
8.2 Registered Users agree to release Matchstick Social and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Website. Matchstick Social is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.
8.3 Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User.
8.4 A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Matchstick Social is under no obligation to award any prize to any Registered User who violates a published rule or guideline. Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
8.5 Matchstick Social reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
ARTICLE 9. SECURITY
9.1 Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable Matchstick Social to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
9.2 It is your responsibility to notify us here if you ever suspect that your personal information has been compromised. You are solely responsible for any unauthorized use of the site conducted via your personal information.
9.3 In operating this site, Matchstick Social does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Matchstick Social mail and e-mail addresses, or in any other way.
9.4 Any information or material submitted or sent to Matchstick Social , shall be deemed not to be confidential or secret.
ARTICLE 10. GENERAL
10.1 These Terms and Conditions constitute the entire agreement between you and Matchstick Social . These Terms and Conditions and the relationship between you and Matchstick Social shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.
10.2 Matchstick Social failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
10.3 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.