Terms of service

Last Updated On May 18th, 2013

DEFINITIONS:
“You” and "Member" refers to the user of this website and its related services, and as such you have gained the right to use this website by respecting the applicable Terms of Use described in detail below.

As used in this Terms of Use Agreement, "we" and "us" means Matchebony or any successor, Subsidiary, Division or assign of Matchebony.

“Service(s)” refers to your use of the Website for any purpose whatsoever.

OVERVIEW: This is a legal agreement ("Agreement") between you and MatchEbony.com Please read the Agreement carefully before registering for the www.MatchEbony.com service. By registering for www.MatchEbony.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the www.MatchEbony.com service.

The Terms are subject to change by MatchEbony.com at any time, without notice. You agree to review this Agreement periodically to be aware of any revisions. 

ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. 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. 

REGISTRATION AND SUBSCRIPTION: When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees.


PROPRIETARY RIGHTS: You represent and warrant to Us that the information posted in Your profile including Your photographs, audio and video files are posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs, audio and video files. By posting information, photographs, audio and video content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content, photographs, audio and video files 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.

YOUR USE OF THE SERVICE: As a Member, You agree that:

(1) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers and street addresses. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any "spam" chain letters or junk email to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.

(2) You are solely responsible for the content or information You publish or display (hereinafter, "post") on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any content containing nudity or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We have received from You.

(3) Email communications sent from Us or through Us are designed to make your online community experience enjoyable. By becoming a member, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, emails informing You of promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service. 

When You cancel your account, your email address remains in our database. It can be used to send You site promotions. You can request your email to be removed from the database by sending Us an email through our customer service.

(4) You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be Inactive after 12 months). 

(5) Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees you undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.

We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:

(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
(d) You will not use any robot, spider, 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.
(e) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
(h) 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.
(i) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.

INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:

(I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. 

SCREENING MEMBERS: 
We do not and cannot review all profiles, public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. 

Matchebony.com does not inquire into the backgrounds of its members or attempt to verify the statements of its members. Matchebony.com does a basic IP screening with Fraud Detection Services by MaxMind, Inc. We are unable to guarantee 100% verification or screening. Since we cannot do the verification in person we cannot assure the identity. We give no guarantees for our verification and screening service and we take no responsibility of fraudulent verification's and screenings.  MATCHEBONY.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON THE MEMBERS OR SUBSCRIBERS OF THIS WEBSITE. 

INTERACTIONS WITH OTHER MEMBERS: YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT MATCHEBONY.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. MATCHEBONY.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MATCHEBONY.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. MATCHEBONY.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL MATCHEBONY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT MATCHEBONY.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.

WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW. 

EXTERNAL LINKS: The Service may contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you.

You may buy a membership where ads are not shown and this option blocks the banner and text ads but we cannot guarantee for this to block all the ads. Some may remain, such as wallpaper ads, sponsored date ideas, giveaways etc. 

CREDITS: If profile is deleted or removed credits will be deleted as well. Inactive profiles are purged once a year. 

INTELLECTUAL PROPERTY: All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.

PRIVACY: The personal information (including sensitive personal information) You provide to Us will be stored on computers. You consent to Our using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our terms and conditions thereof. We do not sell or give you profile information to any third party .

DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users  may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE 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 OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Our customer service department by clicking: contact us.

Also read our Site Rules and Privacy Policy to avoid complications.