EMC Matrimonial Terms of Use / Service Agreement
Welcome to EMC Matrimonial, the No.1 Muslim Matrimonial Services Provider in North America. In order to use the EMC Matrimonial Site, you must register as a member of the Site and agree to be bound by these Terms of Use ("Agreement"). This Agreement sets out the legally binding terms for your membership. If you object to anything in this Agreement or the EMC Matrimonial Privacy Policy, do not use the Website or the Service. This Agreement may be modified by EMC Matrimonial from time to time, effective upon notice to you as a Member.
Eligibility
You must be at least eighteen (18) years of age, to register as a member of EMC Matrimonial or use this Site. By using this Site, 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.
Term:
This Agreement will remain in full force and effect while you use the Site and/or are a Member of EMC Matrimonial. You may terminate your membership at any time, for any reason by contacting support. EMC Matrimonial may terminate your access to the Site and/or your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to EMC Matrimonial. If EMC Matrimonial terminates your membership in the EMC Matrimonial Service because you have breached the Agreement, you will not be entitled to any refund of any unused Subscription fees (if paid). Even after this Agreement is terminated, certain provisions will remain in effect including sections 4,5,7,9 -14, of this Agreement.
Non-Commercial Use by Members
The EMC Matrimonial Site is for the personal use of individual members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to EMC Matrimonial or otherwise. Organizations, companies, and/or businesses may not become Members of EMC Matrimonial and should not use the EMC Matrimonial Service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken.
Membership Categories
Users of the Service may use minimal service as Guests (Public Users) or become "Trial Members" or "Deluxe Members" of the Service. Guests are allowed access to a minimal level of the Service\'s features. Trial Members are allowed to access more features of the Service than are Guests, but are not allowed access to all of the features that Deluxe Members are allowed to access. Trial Members are not charged by us for the features they can access. Deluxe Members are provided with access to additional features of the Service that are not available to Guests or Trial Members. Certain features of the Service are "paid features", for which a Deluxe Member is charged.
Fees and Payments
a. Deluxe Members of the Service are required to purchase the membership on monthly, quarterly, half yearly or yearly basis. Each month is considered as 30 days of length, any one paying in February will get the same amount of days of premium membership as the person who is paying in a month with 31 days. Similarly 3 months membership is considered as 90 days membership and one year as 360 days.
b. The Deluxe member has an option to turn off or on his/her auto-renew feature any time after the first payment is made, through the Account Settings option.
c. If we find that any member has used a stolen or fraudulent credit card the personal information of that member will be forwarded to the Law enforcement agencies of the resident country of the member.
Other Terms of Use by Members
You may 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 chain letters or junk email to other EMC Matrimonial Members. Although EMC Matrimonial cannot monitor the conduct of its Members off the EMC Matrimonial Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect EMC Matrimonial and/or our Members from any abuse / misuse, EMC Matrimonial reserves the right to restrict the number of communications / profile contacts & responses / emails which a Member may send to other Member in any 24-hour period to a number which EMC Matrimonial deems appropriate in its sole discretion.
You may not use any automated processes, including IRC Bots, EXE\'s, CGI or any other programs/scripts to view content on or communicate / contact / respond / interact with EMC Matrimonial and/or its members.
Proprietary Rights in Content on EMC Matrimonial
EMC Matrimonial owns and retains other proprietary rights in the EMC Matrimonial Site and the EMC Matrimonial Service. The Site contains the copyrighted material, trademarks, and other proprietary information of EMC & EMC Matrimonial, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site
a. Right to Monitor and Remove Content. You understand and agree that EMC Matrimonial may review and delete any Content that in the sole judgment of EMC Matrimonial violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or other visitors to the Site. To enable EMC Matrimonial to monitor the Content, all Content text must be in the English language.
b. Personally Identifiable Information. You may not include in your Member profile, visible to other members, any telephone numbers, street addresses, last names, URL\'s, email addresses or any other information that would allow others to locate or contact you outside of the Service.
c. content Responsibility. You are solely responsible for the Content that you publish or display on the EMC Matrimonial service, or transmit to other EMC Matrimonial Members. EMC Matrimonial reserves the right to verify the authenticity of Content posted on the site. In exercising this right, EMC Matrimonial may ask you to provide any documentary or other form of evidence supporting the Content you post on the site. If you fail to produce such evidence, EMC Matrimonial may, in its sole discretion, terminate your Membership without a refund.
By posting Content to any public area of EMC Matrimonial, you automatically grant, and you represent and warrant that you have the right to grant, to EMC Matrimonial, and other EMC Matrimonial Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing
d. Prohibited Contents. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. EMC Matrimonial will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators without a refund. It includes Content that
- is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person\'s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
e. Additional Guidelines for Photos. The photo which you post as your primary photo should satisfy the following additional requirements: (i) you are in it; (ii) your face is clear; (iii) it is no more than 5 years old; (iv) you are the only recognizable person; and (v) it is a jpg or gif file. All photos you post (including your primary photo) should satisfy the following requirements: (1) it does not contain your name or contact information, (2) it is not a duplicate of another posted photo; (3) it is smaller than 5MB in size; (4) it is not sexually explicit, (5) it does not demonstrate an illegal activity, and (6) any other person in the photo which is recognizable has given you permission to post their likeness (which, in the case of persons under the age of 18, must be provided by their parent or legal guardian). It is your obligation to obtain all required consents before posting a photo.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the EMC Matrimonial service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use 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 the copyright owner\'s behalf.
Member Disputes
You are solely responsible for your interactions with other EMC Matrimonial Members. EMC Matrimonial reserves the right, but has no obligation, to monitor disputes between you and other Members.
Operation and Modification of the Service
EMC Matrimonial may establish additional policies concerning the use and operation of the Service generally or for a particular feature of the Service. EMC Matrimonial may change these policies at any time, in its sole discretion with or without notice. However, EMC Matrimonial will post relevant policies in appropriate locations as they are adopted or modified. Such policies are part of these Terms and incorporated herein by reference.
You agree that EMC Matrimonial has no responsibility or liability for the deletion or failure to store any Content maintained on, or transmitted by, the Service. You understand that EMC Matrimonial may close your account and Membership if it is inactive for an extended period of time.
You agree that EMC Matrimonial reserves the right (for any reason and without notice) to modify or discontinue, temporarily or permanently, all or any part of the Service and the Site.
Unless explicitly stated otherwise, any new features on the Site or the Service are subject to these Terms.
Privacy
Use of the EMC Matrimonial Site and/or the EMC Matrimonial Service is governed by our Privacy Policy.
Disclaimers
a. No Warranties. Under no circumstances will EMC Matrimonial be responsible for any loss or damage, including personal injury or death, resulting from anyone\'s use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and EMC Matrimonial expressly disclaims any warranty of merchantability, fitness for a particular purpose, accuracy of information, or non-infringement. EMC Matrimonial cannot guarantee and does not promise any specific results from use of the Site and/or the Service. Your use of the Site and Service is at your own risk. EMC Matrimonial does not guarantee continuous, uninterrupted or secure access to the Site or Service, nor the security or privacy of communications sent via the Service.
b. Specific Disclaimers. Without limiting generality of the foregoing,
1. Content. EMC Matrimonial is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or used in the Service. EMC Matrimonial is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service, including ones who violate these Terms.
2. Internet Related Issues. EMC Matrimonial assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. EMC Matrimonial is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Site, or any combination thereof, including injury or damage to users and/or Members or to any other person\'s computer related to or resulting from participating or downloading materials in connection with the Internet, the Site and/or in connection with the Service.
3. Rankings. EMC Matrimonial specifically disclaims any responsibility for the accuracy or completeness of any rankings posted on the Site or available through the Service as well as for any positive or negative implications which may be derived from the rankings of Members.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will EMC Matrimonial be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the EMC Matrimonial Service, even if EMC Matrimonial has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, EMC Matrimonial, 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 EMC Matrimonial, for the Service during the term of membership.
Governing Law; Exclusive Jurisdiction
The laws of the State of Indiana, USA, excluding its conflicts of law rules, are the exclusive laws governing these Terms and the enforcement thereof. The state and federal courts with districts which include Henricks County, Indiana, USA, shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and you consent to personal jurisdiction and venue by such state and federal courts. However, in an action to enforce a judgment, such forum and venue shall be nonexclusive.
Indemnity
You agree to indemnify and hold EMC Matrimonial, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney\'s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
Other
By becoming a Member of the EMC Matrimonial service, you agree to receive emails from EMC Matrimonial.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the EMC Matrimonial service, contains the entire agreement between you and EMC Matrimonial regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect