Last modified: May 17, 2010
Welcome to Up to Date, the official Match.com corporate blog located at blog.match.com (the “Blog”). This page explains to you the following:
• The terms under which we make available this Blog;
• The rules that protect our intellectual property and our expectations regarding your intellectual property and respect for others’ intellectual property;
• What we require of users of the Blog – especially if you participate on the Blog – which we encourage and welcome you to do;
• The content you find here is offered “as is” which means you use the Blog at your own risk; and finally
• We may discontinue the Blog (or portions of it) at any time.
BY REGISTERING AND/OR USING THE BLOG, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.
You represent that you are 18 years of age or older and are fully able and competent to enter into a contract and otherwise abide by these Terms.
3. Modification of the Terms
Match.com reserves the right to change these Terms at any time without notice to you other than through posting such modified Terms on the Blog. Please check these Terms periodically for changes. Your continued use of our Website after the posting of changes means you agree to the changes.
4. Match.com Blog Access
Match.com grants you permission to use the Blog as set forth in these Terms, provided that:
(1) you use the Blog solely for your personal, private, and noncommercial use;
(2) you do not copy, publicly display, or distribute any part of the Blog in any medium without Match.com’s prior written authorization;
(3) you do not alter or modify any part of the Blog other than as may be reasonably necessary to use the Blog for its intended purposes;
(4) you do not engage in any of the prohibited uses described below; and
(5) you will otherwise fully comply with these Terms and any and all applicable laws.
The Blog is controlled and offered by Match.com in the United States of America. Match.com makes no representations that the Blog is appropriate or available for use in other locations. Those who access or use the Blog from other jurisdictions do so at their own risk and are responsible for compliance with local law.
5. Ownership; Proprietary Rights
The Blog is owned or otherwise used with permission and operated by Match.com. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Blog that are provided by Match.com (“Match.com Materials”) are protected by United States and all other relevant and applicable intellectual property and proprietary rights. Match.com Materials do not include User Submissions (defined below) or any other content owned by and submitted by Users, to the extent permitted, either now or in the future. All Match.com Materials contained on the Blog are the property of Match.com or otherwise used with permission. All trademarks, service marks, and trade names contained in the Match.com Materials or on the Blog are proprietary to Match.com or its affiliates and/or third-party licensors. Except as expressly authorized by Match.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Match.com Materials. Match.com reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Match.com Materials, except for the limited rights set forth in these Terms.
6. User Submissions
6.1 General. The Blog may now or in the future permit the submission and posting or linking of media, commentary, or any other content (including audio content) submitted by you and other Users (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by Match.com. Match.com makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. Match.com may remove any User Submissions from the Blog at any time in its sole discretion. You understand that whether or not User Submissions are published, Match.com does not guarantee any confidentiality with respect to any User Submissions.
6.2 Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Blog, you grant Match.com and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions in connection with the Blog and Match.com’s (and its successor’s) business in any media formats and through any media channels now known or hereafter discovered. You grant Match.com and its affiliates and sublicensees the right to use the name that you submit in connection with a User Submission. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Submissions. You also grant to each user of the Blog a non-exclusive license to access your User Submissions through the Blog, and to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions as permitted by the functionality of the Blog and these Terms.
6.3 User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(a) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Match.com to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Match.com and these Terms, and to grant the rights and license set forth above; and (b) your User Submissions, Match.com’s use of such User Submissions pursuant to these Terms, and Match.com’s exercise of the license rights set forth above, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) violate any applicable law or regulation.
6.4 User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (a) publish falsehoods or misrepresentations that could damage Match.com or any third party;
(b) intentionally misidentify the identifying information of User Submissions;
(c) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate;
(d) post advertisements or solicitations of business;
(e) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
(f) post User Submissions that would be harmful to minors in any manner.
7. Content Disclaimer
You understand that when using the Blog, you may be exposed to User Submissions and other content (such User Submissions and other content, collectively, “Content”) from a variety of sources, and that Match.com is not responsible for such Content. You further understand and acknowledge that you may be exposed to Content that is objectionable to you or others, and waive any rights or claims you may have against Match.com. Match.com does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed in such content. Under no circumstances will Match.com be liable in any way for any User Submissions or other Content.
8. Monitoring Users and Content
You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Match.com, are entirely responsible for all User Submissions that you make available through the Blog. Match.com does not control the Content posted by Users and does not have any obligation to monitor such Content. If at any time, Match.com chooses to monitor Content, Match.com assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Match.com and its designees may, at any time and without prior notice, remove any Content that in the sole judgment of Match.com violates these Terms or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any User Submissions or other Content.
9. Prohibited Uses
9.1 No Prohibited or Unlawful Uses. As a condition of your use of the Blog, you will not use the Blog for any purpose that is unlawful or prohibited by these Terms. Access to the Match.com Materials and the Blog from territories where their access or use thereof is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.
9.2 No Commercial Use. Any use by you of any of the Match.com Materials and the Blog other than for private, non-commercial use is strictly prohibited without the express, written consent of Match.com. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Blog, use of the Blog, access to the Blog, or Content obtained through the Blog, for any purpose other than for your personal, private, non-commercial purposes unless you have received prior approval from Match.com.
9.3 No Harassment or Unauthorized Data Collection. You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Blog, or collect, or attempt to collect, personal information about Users or third parties without their consent.
9.4 No Malware and Quiet Enjoyment. You agree not to intentionally interfere with or damage, impair or disable the operation of the Blog or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
9.5 No Rights or Copyright Circumvention. You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Blog, features that prevent or restrict the use or copying of any content accessible through the Blog, or features that enforce limitations on the use of the Blog.
9.6 No Unauthorized Access. You agree not to attempt to gain unauthorized access to the Blog, or any part of it, other accounts, computer systems, or networks connected to the Blog, or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Blog or any activities conducted on the Blog.
9.7 No Modifications of the Blog. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Blog. You agree neither to modify the Blog in any manner or form, nor to use modified versions of the Blog, including, without limitation, for the purpose of obtaining unauthorized access to the Blog.
9.8 No Scraping. You agree that you will not use any robot, spider, scraper, or other automated means to access the Blog for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Blog.
9.9 No Framing or Other Misappropriation. You agree not to utilize framing techniques to enclose any trademark, logo, or other Match.com Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Match.com’s name or trademarks without our express written consent.
9.11 No Improper Linking. You will promptly remove any links that Match.com finds objectionable in its sole discretion. You agree not to use any Match.com logos, graphics, or trademarks as part of the link without our express written consent.
9.11 No Spam. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Blog. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
9.12 No Reverse Engineering. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Blog or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
9.13 No Modifications or Derivatives. You agree not to modify, adapt, translate, or create derivative works based upon the Blog or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
10. User Information
In order to access some features of the Blog, you may be required to provide a name and email address. You acknowledge, consent, and agree that Match.com may access, preserve, and disclose the information you provide to Match.com and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to a claim that any User Submission violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of Match.com, its users, and the public.
11. Links and Third-Party Content
Match.com or third parties may provide links on the Blog to other sites or content over which Match.com has no control (“Reference Sites”). ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
12. Availability of Service
Match.com may make changes to or discontinue any of the products, services, or functionalities of the Blog at any time, and without notice. You agree that any changes to or discontinuation of the Blog by Match.com will be without liability to you, even if such changes or discontinuation results in your loss of access to or use of User Submissions, Match.com Materials, or any other Content.
13. User Disagreements
You are solely responsible for your involvement with other Users.
14.1 Match.com. You agree that Match.com, in its sole discretion and for any or no reason, may terminate your use of the Blog, and remove and discard all or any part of any User Submission, at any time. Match.com does not permit infringing activities on the Blog, and reserves the right to terminate access to the Blog, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Match.com may have.
14.2 User. You may terminate these Terms at any time by discontinuing your use of any and all parts of the Blog and providing Match.com notice of termination by e-mailing us at firstname.lastname@example.org.
15. Indemnification; Hold Harmless
You agree to indemnify and hold harmless Match.com, and its parent, subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt, and expenses (including attorney’s fees) arising out of: (1) your use or misuse of the Blog; (2) your User Submissions, including Match.com’s use, display or other exercise of its license rights granted herein with respect to your User Submissions; (3) your violation of these Terms; (4) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third-party intellectual property rights; and (5) your breach of the foregoing representations, warranties, and covenants. Match.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Match.com. Match.com will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. Disclaimers; No Warranties
16.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MATCH.COM, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MATCH.COM OR THROUGH THE BLOG WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 16, THE TERM MATCH.COM INCLUDES MATCH.COM’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, AND SUBCONTRACTORS.
16.2 “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT THE USE OF THE BLOG IS AT YOUR SOLE RISK. THE BLOG, USER SUBMISSIONS, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BLOG ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
16.3 Blog Operation and Content. MATCH.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE MATCH.COM MATERIALS, USER SUBMISSIONS, BLOG, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE BLOG OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
16.4 Accuracy. MATCH.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BLOG OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY ADVICE THAT MAY BE POSTED ON THE BLOG IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.
16.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE BLOG (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
17. Limitation of Liability and Damages
17.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MATCH.COM OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRE