This is a website for married couples and soon-to-be married couples, offering them a positive and interesting environment where they can connect with other users, share information, make new friends and discuss issues of mutual interest. To use this site and the services offered, you must be 16 years old or older. By accessing this site, you are certifying that you are at least 16 years of age. Use of the site and the services is void where prohibited.
You do not have to be a MarriageMate Member to use this Site. However, only Members can access some of the popular features and services that MarriageMate currently offers, or other services that we may offer in the future (the “Services”). Registration is free.
How You Can Use the Services
This Site and the Services offered are intended for your personal, noncommercial use in accordance with these TOS. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without MarriageMate’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by MarriageMate. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component
User Submissions
Most of the content on MarriageMate is submitted by our Members. We encourage you to take advantage of the many opportunities to interact with MarriageMate Members by posting and reading content and participating in online discussions.
You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
All content that you post to MarriageMate must comply with these TOS and the MarriageMate Community Guidelines. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person shown in a photo/video that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that is:
By submitting content to the Site, you grant to MarriageMate and its successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each user of the MarriageMate Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these TOS.
User Conduct
As an online community, we will thrive only if we can rely on our Members to act responsibly. We believe that all Members and visitors benefit from basic rules for acceptable conduct while using the Site and the Services. These rules have been encoded into our Community Guidelines. By using the Site, you agree to comply with the Community Guidelines.
Our Content Removal Rights
We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that (i) the content violates these TOS or the Community Guidelines, (ii) removal is necessary to protect the rights, property or personal safety of MarriageMate, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our Members.
If you belief that any postings on the Site violate these TOS or the Community Guidelines, please let us know by contacting us which can be found on every page of the Site. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these TOS or Community Guidelines have been violated and we will determine what, if any, action should be to taken.
Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as “private,” if we have reason to believe that the content or the Member posting the content has violated these TOS or the incorporated Community Guidelines, or has engaged in conduct that is fraudulent, deceitful, unlawful or is or could be a threat to persons or property.
Proprietary Rights
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by MarriageMate or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. MarriageMate owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including MarriageMate and its partners. Users are prohibited from using any Marks without the written permission of MarriageMate or such third party that may own the Marks.
Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without MarriageMate’s prior written consent. You may download content for your personal, non-commercial use only as provided in these TOS, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of MarriageMate. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MARRIAGEMATE PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Age Requirements
You must be at least 16 years old to join MarriageMate and to use the Services. The MarriageMate Site and Services is not intended for children under the age of 16. MarriageMate does not knowingly collect personal information from children under the age of 16.
Communications from MarriageMate
By registering for MarriageMate, you will receive online communications from MarriageMate. To unsubscribe from any MarriageMate email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list.
Links
The Site, or Members, may provide links to other World Wide Web sites or resources. Because MarriageMate has no control over such sites and resources, you acknowledge and agree that MarriageMate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that MarriageMate shall not be 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 such content, goods or services available on or through any such site or resource.
Indemnity
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold MarriageMate, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MARRIAGEMATE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MARRIAGEMATE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MARRIAGEMATE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT MARRIAGEMATE IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. MARRIAGEMATE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARRIAGEMATE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MARRIAGEMATE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
Access Restrictions; Termination
We can suspend or terminate your membership in MarriageMate and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at MarriageMate’s sole discretion, you fail to comply with any of the TOS or the Community Guidelines. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive.
You understand and agree that your membership in MarriageMate is subject to and conditioned upon the following: Your continued adherence to these TOS and the Community Guidelines and any future modifications thereto. Your violation of these TOS, the Community Guidelines, or any other agreement between you and MarriageMate constitute grounds for immediate termination of your membership without further notice at MarriageMate’s sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the MarriageMate community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. MarriageMate reserves the right to change, discontinue or suspend MarriageMate or any of the Services at any time for any reason. Members may terminate their membership at any time by sending their request to us, using the contact us button on any page of the Site. MarriageMate shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS or the Community Guidelines. Any decision MarriageMate makes relating to termination or suspension of any Member's account shall be final and binding. MarriageMate may terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has not logged into the Site with her screen name and password, or contacted MarriageMate in any other manner. In addition, if you have been inactive for three (3) months, we may take down any photos that you have posted to your profile or anywhere else on the Site.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
MarriageMate Marketing, Inc.
Att: Legal Department
2485 E. Southlake Blvd., Suite 220
Southlake, TX 76092
Third Party Products and Services
You may order services, merchandise or other products through our Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
MarriageMate Marketing, Inc. Employees, Partners and Investors
Our employees are dedicated to building the best social networking site for users and providing you with the tools that you need to have a great online experience. In connection with their work, some of our employees are required to use the Site, including creating a profile. Our advertisers, partners and investors may also use the Site and the Services, including creating a profile, for business and advertising purposes.
Miscellaneous
These TOS are the entire agreement between you and MarriageMate. They supersede any and all prior or contemporaneous agreements between you and MarriageMate relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of MarriageMate to partially or fully exercise any rights or the waiver of MarriageMate of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by MarriageMate or be deemed a waiver by MarriageMate of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of MarriageMate under these TOS and any other applicable agreement between you and MarriageMate shall be cumulative, and the exercise of any such right or remedy shall not limit MarriageMate's right to exercise any other right or remedy.
These TOS are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by MarriageMate for any violation of MarriageMate’s proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Dallas, TX, USA.
The MarriageMate website is owned and operated by MarriageMate Marketing, Inc. which also owns the MarriageMate trademark. Our principal business offices are at 2485 E. Southlake Blvd., Suite 220, Southlake, TX 76092.
