Terms of use

Welcome to PlayWithMatches.com, a new way of using the Information Super Highway to make matches with others on a variety of subjects. This site is operated by Play With Matches LLC ("PlayWithMatches"). By using the PlayWithMatches website and all of the content and functionality provided by PlayWithMatches in it (the "Website"), you agree to be bound by these Terms of Use and the Privacy Policy (jointly referred to as this "Agreement"), as an electronic contract. This Agreement sets out the legally binding terms of your use of the Website whether or not you access it as a guest or register ("User").

If you don't agree with anything in this Agreement or the Play With Matches' Privacy Policy, do not use the Website.

We want to be able to change the Website to fit what we see as your needs/desires and so we retain the right (at any time and whenever we want) to change these Terms of Use and the Privacy Policy. We will post these changes on the Website, and your use of the Website after such posting will constitute acceptance by you of such changes. We won't necessarily tell you when we post the changes to these Terms of Use, but we may if we decide to.

Eligibility

While we like the younger set as much as anybody, we restrict the ability to sign up as a User to people that are at least eighteen (18) years of age. Subscription to the use of the services on the Website is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

User Cost

You may become a User without any charge or expense. This is possible due to our ad sponsors, so please support our advertisers. As we develop the Website we reserve the right to add areas that require payment of a subscription fee and agreement to other terms. However, you have the option of not subscribing to these additional features.

Truth

You agree to provide accurate and complete information on anything that you provide as part of your enrollment as a User. You also agree that you do not and will not rely upon the truth of any other User's content and understand the Play With Matches is not responsible for the truth of such information.

Security and Profile Updates

You agree that you will keep your password secure and to update your profile when information changes. We will need to be able to contact you and therefore you will need to maintain an updated email address at all times. You are responsible for any actions that take place using your account.

Prohibited Uses

You agree that the following activities are prohibited on the Website:

  • Being a Jerk – your use will be in a manner that does not threaten, defame any person or entity, harass, defraud, invade privacy or publicity rights, or incite illegal activity. You will also not upload, post, transmit, share, store or otherwise make available any content that is hateful, harassing, inciting harassment, racially or ethnically objectionable.
  • Adult Content – you will not post, transmit, share, store or otherwise make available any vulgar, sexually explicit, obscene or pornographic content.
  • Spamming – you will not use the Website to gather information for the purpose of soliciting business or sending out any unsolicited or unauthorized advertisements or solicitations. You also agree not to upload, post, publish, transmit, reproduce or distribute any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in “spamming,” “flooding,” or the like.
  • Gather or Distribute Personal Information on other Users – you will not use the Website to gather, seek to gather, publish or distribute the email address or other personal information of any third party
  • Intellectual Property of Others – you will not post, transmit, share, store or otherwise make available any intellectual property of anyone other than yourself unless you have written authorization to use the other person's materials on the Website.
  • Nefarious Content – your use will not post any cookies, viruses, spybots or any other applications that attempt to gather personal information on any of the other Users or that will then reside on the systems of Play With Matches or any other Users.
  • Falsify Your Identity – you will not lie about or mask your identity through use of another individual's account or through pseudonyms or other method.
  • Breach Security or Interfere with Website – you agree not to attempt to circumvent the security on the Website for any purpose or use the Website in any manner that could disrupt the availability or functionality of the Website.
  • Violate any Laws – you will not use the Website in any manner that violates any laws of any country, state,municipality or kingdom.
  • Gather information on Minors – you will not use the Website to gather information, pictures or any other content from any individual under the age of 18.

Final Judge – you agree that Play With Matches as the owner of the Website has the right in its sole discretion to make the rules and decide without any notice what activities are not allowed and therefore either terminate your use of the Website or remove any content it desires.

Ownership

The Website Copyright 2008 Play With Matches LLC. All rights reserved. Play With Matches, PlayWithMatches.com and all the brands of other Play With Matches products and services shown herein are the trademarks or registered trademarks of Play With Matches LLC. Other brands and logos presented on the Website belong to their respective owners.

The Website (and all of the content and functionality provided by PlayWithMatches on it) is owned by Play With Matches LLC, or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Play With Matches LLC. In addition, the trademarks, logos and service marks displayed on the website are the property of Play With Matches or its licensors. If you are aware of material on the Website that infringes any copyright, please contact us through the Copyright Infringement Policy process, which is described below.

The license you are granted to the Website and all of the content included therein by Play With Matches is restricted to your use of the Website and you agree that you will not use it for any other purpose.

Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing or duplicating or any other misuse of any part of the Website is prohibited. Nothing contained in the Agreement or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of Play With Matches or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Agreement is prohibited.

Your Content

By uploading, publishing, posting, transmitting, storing, sharing or making available to others (“posting”) any information, data, video or any other file (“content”) on the Website you are representing that you own it or have the right to post it. You will retain ownership in anything you post on the Website, however you automatically grant Play With Matches an irrevocable, perpetual, unlimited, royalty-free, worldwide license to use any and all of the content for the purpose of operating, testing, improving, marketing and promoting the Website.

You agree that Play With Matches is not obligated to review or take action on what is posted, but may at any time, require you to show that you have the right to place the content on the Website or Play With Matches will remove the content. In order for the Website to perform its functions, you agree to allow Play With Matches to share portions of your content with others on the Website.

Copyright Infringement Policy

If you believe that material on the Website is infringing your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Play With Matches's designated copyright agent:

By Mail to:
El Presidente
Play With Matches LLC
16055 Space Center Blvd. , Suite 700
Houston, TX 77062

By E-mail: complainer@playwithmatches.com

For your complaint to be valid under the Digital Millennium Copyright Act, you must provide the following information when providing notice of the claimed copyright infringement:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Indemnity

You shall indemnify and hold harmless, and at Play With Matches's request defend, Play With Matches, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your posting or content, or any breach of your obligations set forth in this Agreement. You will reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates. In addition, to patch things up, you will take each Indemnified Party out for pizza and cupcakes.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLAYWITHMATCHES EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR ANY OF THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLAYWITHMATCHES FURTHER DISCLAIMS ANY WARRANTY THAT THE WEBSITE IS ERROR-FREE, UNINTERRUPTED OR SECURE.

PLAYWITHMATCHES MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE INFORMATION ON THE WEBSITE WILL BE TIMELY OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.

Limitations of Liability

PLAYWITHMATCHES AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF PLAYWITHMATCHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination & Modification

You agree that Play With Matches, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any of your content, for any reason or no reason, including, without limitation, for lack of use or if Play With Matches believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Play With Matches may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Play With Matches may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Play With Matches shall not be liable to you or any third-party for any termination of your access to the Website. You are responsible for maintaining backup copies of all of your content submitted and Play With Matches does not undertake any responsibility for the retention of such materials.

Links

While the Website may have links to the websites of other companies and parties, Play With Matches has no control over those websites. Play With Matches is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. Play With Matches is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.

Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Play With Matches of any unauthorized use of your username or password or any other breach of security, (b) not share your username and password with other individuals, and (c) ensure that you exit (e.g. log off, sign out) from your account at the end of each session.

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy.

Exclusive Jurisdiction

The Website is designed for use solely in the United States of America and Play With Matches does not represent or warrant that it will comply with any laws outside of the United States of America. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of State of Texas, United States of America except for its rules with respect to the conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located within Harris County, Texas.