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Terms
and conditions
Cybermatrimony.com
is based in California, USA. We
provide service for adults of Indian and South East Asian origin
to get to know each other online. By registering, you become a
member of cybermatrimony.com. This is a legal agreement between
you, the 'Member', and cybermatrimony.com, later on referred as
the 'Service Provider'. Please read this agreement carefully
before registering for the service from the Service
Provider.
The Agreement
The 'Service Provider' provides service to you, the 'Member',
under the terms and conditions of this agreement, any amendments
to the agreement and any operating rules or policies
(collectively, 'the Agreement') that may be published from time to
time by the Service Provider. The Agreement comprises the entire
agreement between the 'Member' and 'Service Provider' and
supersedes any prior agreements pertaining to the subject matter
contained herein. By
completing the registration process, the Member is agreeing to be
bound by the Agreement. Further,
the Member will defend, indemnify, and hold harmless the 'Service
Provider', its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses including
reasonable attorney's fees relating to or arising out of your use
of service, including any breach by you of the terms of this
Agreement.
It is possible that other users of the
Service (including unauthorized users or "hackers") may
post or transmit offensive or obscene materials on the Service,
and that you may be involuntarily exposed to such offensive and
obscene material. It is also possible for others to obtain
personal information about you due to your use of the Service, and
that the recipient may use such information to harass or injure
you. 'Service Provider' is not responsible for the use of any
personal information that you may choose to disclose on the
Service. Please carefully select the type of information that you
post on the Service or release to others.
Limitations on liability and disclaimer warranty
a). Limitations on Liability
(i) 'Service Provider'
will not be liable for any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of data,
cost of procurement of substitute service or service
interruptions) arising out of the use or inability to use the
Service, even if 'Service Provider' or its agents or
representatives knows or have been advised of the possibility of
such damages.
(ii) Notwithstanding anything to the contrary
contained herein, 'Service Provider'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
'Service Provider' for the Service during the period term of
existence of your Account.
(iii) 'Service Provider' 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 Service.
(iv) 'Service Provider'
disclaims liability for, and no warranty is made with respect to,
telephone service, including coverage, range, or interruption in
telephone service.
b). Disclaimer of Warranty
(i) 'Service Provider'
provides this service on an "as is" basis and grants no
warranties of any kind, express, implied, statutory, in any
communication with 'Service Provider' or its representatives, or
otherwise with respect to the Service.
(ii) 'Service Provider'
disclaims any implied warranties of merchantability, fitness for a
particular purpose, or no infringement.
(iii) 'Service Provider'
does not warrant that your use of the 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.
(iv)
Opinions, advice, statements, offers, or other information or
content made available through the 'Service Provider', but not
directly by the 'Service Provider', are those of their respective
authors, and should not necessarily be relied upon. Such authors
are solely responsible for such content. 'Service Provider' does
not guarantee the accuracy, completeness or usefulness of any
information on the service and neither adopts nor endorses nor is
responsible for the accuracy or reliability of any opinion,
advice, or statement made by parties other than the 'Service
Provider'. Under no circumstances will the 'Service Provider' be
responsible for any loss or damage resulting from anyone's
reliance on information or other content posted on the 'Service
Provider's' service.
Intellectual property rights and copyright policy
a). The rights in the intellectual property transmitted on
or through the Service, including but not limited to text,
software, music, sound, photographs, graphics, and video, are
owned by 'Service Provider', advertisers, Service members, or
other persons (unless such intellectual property is in the public
domain). You will not use any such intellectual property except to
the extent you are expressly authorized by the owner of the
intellectual property rights. If you use your Account to, in any
way, violate any person's intellectual property rights, 'Service
Provider' will immediately cancel your Account, and will not
refund any outstanding credit balance in your account, if you have
paid any.
b). If you believe that your intellectual property rights
have been violated by a Service Member or through the Service, you
will immediately contact our Customer service at support@cybermatrimony.com.
You grant to 'Service Provider' and other
Service Members an irrevocable, perpetual, non-exclusive,
worldwide license to use, copy, perform, display, distribute, to
prepare derivative works of, and incorporate into other works, and
to grant sublicenses of the foregoing, any information or content
you post to any public area of the Service.
General provisions
a). You will defend, indemnify, and hold harmless 'Service
Provider', its officers, directors, employees, agents, and third
parties, for any losses, costs, liabilities, and expenses
(including reasonable attorneys' fees) relating to or arising out
of your Account or your use of the Service.
b). In
the event you have a complaint or dispute regarding or arising out
of the Service, prior to communicating such complaint or dispute
to any other person or entity, you will first communicate such
complaint or dispute to the Service's customer service at support@cybermatrimony.com.
c). This Agreement shall be governed
by California law without regard to its conflict of law
provisions, and any dispute arising out of or relating to this
Agreement shall be subject to the federal and state courts in the
County of Santa Clara. You and 'Service Provider' agree
to submit to the personal and exclusive jurisdiction and venue of
the courts located within the County of Santa Clara.
d). Unless otherwise stated, your obligations under this
Agreement will survive the cancellation of your Account.
e). If any term of the Agreement is held invalid, the
remainder of the Agreement shall continue in force and
effect.
f). The section titles in the Agreement are for convenience
only and have no legal or contractual effect.
g). Use of the singular form of a noun in this Agreement
will also be construed to refer to the plural form of such noun
where appropriate to the reasonable interpretation of the
Agreement.
h). Regardless of any statute or law to the contrary, any
claim or cause of action arising out of, or related to the use of,
the Service or the Agreement must be filed within one year after
such claim or cause of action arose or be forever barred.
i). The failure of 'Service Provider' to exercise or
enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision.
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