Last Updated: November 13, 2024
SuccessfulMatch.com, Inc., a Delaware corporation ("we", "us", or "our" or the “Company”) is pleased to make the Company’s SeniorMatch.com dating services (collectively, its "Service(s)”) available through the Company’s SeniorMatch.com website, mobile application, and/or other related platforms or technologies provided now or in the future (including but not limited to through AR/VR devices, wearables, and other emerging technologies) (hereinafter collectively, the "Site(s)”).
By registering for the Service, or by otherwise using any of the Services, or by clicking any “I AGREE” box, you hereby agree to be bound by the terms set forth in this End User Service Agreement, our Privacy Policy, and all other provisions and policies associated with your access and use (collectively, the "Agreement").
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY.
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT BY CHECKING THE "I AGREE" BOX, OR IF YOU OTHERWISE CHOOSE TO COMPLETE THE REGISTRATION PROCESS FOR ANY OF OUR SERVICES, OR IF YOU OTHERWISE CONTINUE TO USE ANY OF OUR SERVICES, YOU HEREBY UNDERSTAND AND AGREE THAT YOU HEREBY AUTOMATICALLY CONSENT TO BE BOUND BY, AND HEREBY AUTOMATICALLY AGREE TO, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS DEFINED ABOVE), INCLUDING WITHOUT LIMITATION ALL TERMS AND CONDITIONS OF BECOMING A MEMBER (DEFINED BELOW), THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS, THE CLASS ACTION WAIVER, AND THE PRIVACY POLICY.
THE FOLLOWING IS A LINK TO THE COMPANY’S PRIVACY POLICY: https://seniormatch.com/privacyPolicy
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THE AGREEMENT WILL BE ACCEPTED BY THE COMPANY.
IF YOU DO NOT WISH TO ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (AS DEFINED HEREIN), THEN YOU SHOULD NOT CHECK THE "I AGREE" BOX OR COMPLETE THE REGISTRATION PROCESS FOR THIS SERVICE OR CONTINUE TO USE ANY OF OUR SERVICES.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY, AND YOU SHOULD DOWNLOAD AND PRINT THIS PRIVACY POLICY FOR YOUR RECORDS.
For purposes of this Agreement, after you register with the Services, you will be referred to as a "Member". You may register as a Member of the Services at no cost to access some, but not all, of the features of the Services. Additional features are available to Members through a paid subscription, as described below.
SuccessfulMatch.com, Inc., a Delaware corporation, owns and operates a number of Sites (as defined above) ("Main Sites").
When a Member registers and creates a profile with one Main Site, the Company will normally only share that Member’s member profile or other information from that particular Main site with the other Main Sites pursuant to this Agreement, the Company’s Privacy Policy, or as otherwise agreed to or consented to by the Member.
Without limiting the foregoing, and as described in further detail in Section 2 of this Agreement, we may share data about members of one Main Site with another Main Site for security and fraud prevention purposes.
In addition to our Main Sites, SuccessfulMatch.com, Inc. works with a number of other dating websites that help us provide potential matches for our Members ("Affiliate Sites").
THE COMPANY DOES NOT OWN OR OPERATE ANY OF THESE AFFILIATE SITES OR ANY THIRD PARTY SITES (AS DEFINED BELOW IN THIS AGREEMENT)
Each Main Site has its own Affiliate Sites that are specifically associated with the Main Site. Users who seek to register through the Affiliate Site will be redirected to the Main Site to become a Member. Anyone who seeks to register via an Affiliate Site for a Main Site will be directed to become a Member of the Main Site to use the Services through the Main Site. In addition to the registration function, our Affiliate Sites may provide additional information about our Services, including but not limited to frequently asked questions and contact information. Regardless of whether you register by accessing the Main Site or through one of its Affiliate Sites, you will become a Member of the Main Site to use the Services through the Main Site, your profile will be accessible to all other Members of that Main Site, including but not limited to those members who registered through a different Affiliate Site. For a full list of the Affiliate Sites, please click here.
Separate from the Main Sites and Affiliate Sites, certain third party websites may provide links to our Main Sites and Affiliate Sites ("Third Party Sites"). AS DISCUSSED BELOW IN SECTION 12, THESE THIRD PARTY SITES ARE NOT OWNED OR OPERATED BY SUCCESSFULMATCH.COM, INC.
We are not responsible for the privacy policies or information practices of any of these Third Party Websites or Affiliate Sites; we also are not liable for any information that you share with any Affiliate Sites or Third Party Websites prior to being directed to us.
You agree not to do any of the following:
Submit any direct or indirect endorsement or opinion of the product or services without disclosing any association or material connection you may have with such Content, as required by the Federal Trade Commission.
Upload any Content for the purpose of intentionally misleading us or any other Service Member. Use the Service to engage in or solicit prostitution, to procure or facilitate another to commit prostitution, or to promote the prostitution of another person in any manner whatsoever.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.
Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another.
Download Content posted by another user of our Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded.
Resell or otherwise commercialize Content or any other function or feature of the Service.
Use our Service or any Content therein, including without limitation any personal information or other Content related to any other Member, for any business, marketing, advertising, or other commercial purposes or for any other purposes that are not explicitly authorized by this Agreement.
Include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post or send any photos containing nudity or otherwise vulgar or offensive materials through our Service.
Use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or otherwise objectionable language.
Spam or otherwise generally harass users of our Service.
Violate any applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), or regulations with respect to your access and use of Content and the Service.
Seek compensation for dating.
(a) You will not use other Member’s Personal Information (including without limitation any financial information of such other Member) or Contact other Members to promote your matchmaking business.
(b) Without limiting the foregoing in any way, each Member further agrees that it will not disclose, share, or use another Member’s Personal Information (including without limitation another Member’s financial information, sex life, sexual orientation, health, and/or other private or confidential information) obtained through or as a result of using the Service for any commercial purposes, retaliatory or revenge-driven purposes or publicity purposes.
Each Member further acknowledges and agrees that any violation of any provisions of the Restrictions/Code of Conduct set forth in this Section 5 (including without limitation the foregoing Covenant Not to Misuse Other Member’s Personal Information) shall constitute a material breach of this Agreement and shall also cause material damage to the reputation and business of the Company, and the Company shall have the right to exercise any and all remedies at law, equity or contract as more fully set forth in Section 10 below, including without limitation the right to immediately terminate this Agreement, including without limitation permanently terminating the Member’s status as a Member.
WE RESERVE THE RIGHT TO INVESTIGATE ANY ILLEGAL, SUSPICIOUS AND / OR UNAUTHORIZED USE OF OUR SERVICES, INCLUDING THOSE INVOLVING OUR MAIN SITE OR ANY OF OUR AFFILIATE SITES, AND WE WILL TAKE ANY LEGAL RECOURSE THAT WE DEEM APPROPRIATE. WE MAY ALSO REFER ACTIVITIES THAT WE DEEM SUSPICIOUS OR ILLEGAL TO THE PROPER GOVERNMENTAL AUTHORITIES FOR THEIR INVESTIGATION.
FOR CLARITY AND THE AVOIDANCE OF DOUBT, THE PROVISIONS OF THIS SECTION 5 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE TERMINATION OF YOUR STATUS AS A MEMBER.
Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, and content used in connection with our Services(collectively referred to as "Our Content") are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us.
UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF THE AGREEMENT. THE FUNCTIONS AND FEATURES OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE SERVICE.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR 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 SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You hereby agree to indemnify, defend and hold us harmless and our parents, subsidiaries, affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of the Agreement, including without limitation any violation of the “Restrictions/Code of Conduct” provisions set forth in Section 5 herein; (ii) your use or misuse of the Service; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other Service users.
(i) the Company shall have the right to immediately terminate this Agreement, including without limitation permanently terminating the Member’s status as a Member; and/or
(ii) the Company shall have the right (at its sole election, but without any obligation to do so) to enforce the Restrictions/Code of Conduct set forth in Section 5 (including without limitation the Covenant Not to Misuse Other Member’s Personal Information) against the breaching Member at any time.
Notwithstanding the Company’s right to use your Content after termination of this Agreement pursuant to Section 4.1 herein, the Company does not have an obligation to retain or store any of your Content after any such termination of this Agreement.
In addition to any other provisions of this Agreement which by their nature are intended to survive the termination of this Agreement, the following Sections of this Agreement shall survive the termination of this Agreement for any reason (including without limitation any termination of your status as a Member or the termination of the Service): Section 3 (Profile Disclaimer, etc.); Section 4 (Use Rights); Section 5 (Restrictions/Code of Conduct); Section 6 (Proprietary Rights); Section 7 (Disclaimer of Warranties); Section 8 (Limitation of Liability); Section 9 (Indemnification), this Section 10 (Termination); Section 11 (Changes); Section 12 (Affiliates, etc); Section 13 (Privacy); and this Section 17 (General).
The Company reserves the right to change the terms of this Agreement from time to time or at any time, including without limitation: (i) modifying, suspending, or discontinuing (in whole or in part) any feature, or add new features associated with your access and use of the Service; or (ii) adjusting the availability of features within our subscription plans (collectively, a “Change(s)”). The Company reserves the right to make these Changes by giving any notice that the Company deems reasonable (both in form and where such notice will be posted), provided, however the Company reserves the right not to give a separate or individualized notice to you of such Changes. We shall not be liable to you for any Changes, including without limitation any addition, modification, suspension, or discontinuance (in part or wholly) to or of the Service and/or features associated with the availability or use of Content. Without limiting the foregoing, in any way, pursuant to any such Changes, we reserve the right to: (i) establish additional policies and practices concerning use of the Service; and/or (ii) change any term of this Agreement (in part or in whole) at any time, with or without prior notice. If, as a part of any such Changes, we add any new features that do not materially affect the Services and terms of the Agreement, we may not update this Agreement. Such new features are provided pursuant to the terms of this Agreement, and any specific terms provided with each feature.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE SITE FOR ANY CHANGES. BY CONTINUING TO ACCESS OR USE ANY SITES OR OUR SERVICES, YOU ARE HEREBY DEEMED TO HAVE ACCEPTED SUCH SUCH CHANGES AND TO BE LEGALLY BOUND BY SUCH CHANGES AND BY THIS AGREEMENT AS IT IS UPDATED BY SUCH CHANGES.
As explained in the Introduction, in addition to the Main Site, SeniorMatch.com, we work with a number of Affiliate Sites as defined above.
These Affiliate Sites potentially increase the number of individuals with whom you may have a match by facilitating the registration of additional Members. Your profile and any Content you upload or provide will be made available to Members of the Main Site (ie: SeniorMatch.com), including those who join the Main Site through, by way, or by referral from, any Affiliate Sites. All Members who register for the Main Site (ie: SeniorMatch.com) consent to and are bound by the terms of this Agreement.
Separately, some Third Party Sites may provide links to our Main Site and Affiliate Sites. We do not share Member profiles or other information with these Third Party Sites except as set forth in this Agreement, including without limitation in the Privacy Policy. However, before directing you to our Main Site or an Affiliate Site, these Third Party Sites may collect data or solicit personal information from you. We neither own, operate, nor control such Third Party Sites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any Third Party Site that links to our Service before providing that Third Party Site with your data.
Under age use of our Service is prohibited. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act ("COPPA") and we will not knowingly request or collect personal information from any child under the age of majority. If a child under 19submits personal information to us and we learn that such information is of a child under 19 we will make commercially reasonable efforts to delete the information as soon as possible. If you believe that we might have collected any personal information from a child under the age of 19, please contact us at supportseniormatch.com. BY REGISTERING FOR AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT OVER THE AGE OF 19, HAVE THE CAPACITY TO CONSENT, AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Service user friendly and accessible to visitors with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Service in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Service.
Please contact us by e-mail at supportseniormatch.com for assistance with accessing and using the Service.
By agreeing to the terms of this Agreement, you consent to receive communications sent from or on behalf of us regarding the Service, Content, and/or your rights and obligations under this Agreement.
your contact information (i.e. name, email address, telephone number, and address);
a description of the copyrighted work of concern;
a link to the location(s) on the Service of the copyrighted work of concern;
a 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 signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
The foregoing information ("DMCA Notice") should be sent to our "Designated Agent" as follows:
SuccessfulMatch.com
Attn: Legal Counsel – DMCA Agent
RE: DMCA NOTICE
10 - 8707 Dufferin St, Suite 160
Vaughan, Ontario L4J 0A6
Canada
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the Content;
Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the United States District Court of San Francisco California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.
If you have any questions about this Agreement please contact us at:
SuccessfulMatch.com
10 - 8707 Dufferin St, Suite 160
Vaughan, Ontario L4J 0A6
Canada
BY CHECKING THE "I AGREE" BOX, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT I CONSENT TO ITS TERMS AND CONDITIONS.
BY CHECKING THE "I AGREE" BOX, I REPRESENT AND WARRANT THAT I HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, THAT I DO SO OF MY OWN FREE CHOICE, AND THAT I WILL ABIDE BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THE PRIVACY POLICY, WHICH MAY BE MODIFIED FROM TIME TO TIME.