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terms of service

Terms of Service and MatchKey License

The matchmine Terms of Service and MatchKey License are below in full detail, as written by our legal team.

Here’s a quick summary of the important points: 

  • To use matchmine Services you need to be a US citizen over 13 and play by the rules.
  • For the service to be useful, you need to tell us a little about yourself and what you like. We will ONLY collect information we need to deliver good content, we will ALWAYS ask your permission to do so, and we will NEVER require personally identifiable information.
  • We recommend stuff we think you’ll like. When you go see that stuff someplace else, you’re responsible for playing by their rules.
  • All our stuff is ours.
  • The license in Exhibit A below governs the use of any MatchKey we issue to you
  • The service is free…. Use it as is; we're not liable for anything.

Anyway, here are the Terms of Service and MatchKey License. Still in English, but our legal team is OCD and ink is cheaper than therapy:

1. What this contract covers.

This is a contract between you and matchmine LLC ("matchmine" or "we," "us" or "our"). This contract applies to any matchmine Services that you access, obtain or use while this contract is in force.

"Service" means all matchmine software, products or services and access to any matchmine web site including without limitation MatchKey.com (in each case, including any updates and all Content).

"Content" means all data, text, graphics, photographs, video, audio, user interfaces, visual interfaces and software on any matchmine website or made available by matchmine through any service (excluding third party advertisements, links to third party websites and content at such sites) and the design, structure, selection, coordination, expression, "look and feel" and arrangement of such information.

We do not provide warranties for the Services. This contract also limits our liability. These limitations are described in Sections 12 and 13 and you should read them carefully.

The following terms also govern and apply to your use of the Services, and they are incorporated into this contract. Please read these carefully.

  • Copyright & Trademark Notices
  • Copyright Infringement Policy
  • Privacy Policy
  • Legal Contacts

2. Who may use the Services?
You must be at least 13 years old and a United States citizen accessing this site from within the United States. By accepting this, you represent that (a) you have read and understood, and that you agree to be bound by this contract; (b) you are at least 13 years old; (c) you are a United States citizen; and (d) you are accessing this site from within the United States. If you do not agree to, or cannot comply with, any of these terms and conditions of this contract, please do not check the acceptance box and do not attempt to access any of the Services.

PARENTAL ADVISORY. IF YOU ARE A USER UNDER THE AGE OF 18, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE SERVICES MAY PROVIDE ACCESS TO THIRD PARTY CONTENT AS TO WHICH PARENTAL DISCRETION IS ADVISED FOR USERS AGES 13 TO 17.

3. You may need to supply information.
To use some Services, you may need to provide certain information, including your home zip code, the year you were born and your gender. If you access Services that require you to establish a password, you will be solely responsible for maintaining the confidentiality and security of that password. You agree to notify us immediately if you believe that unauthorized access to or use of your account information has occurred.

Information security in general, and maintaining your privacy in particular, is of paramount importance to us. Any information received by us from you will be stored, secured, accessed and used by us strictly in accordance with our privacy policy, which is incorporated into this Agreement.

4. How you may use the Services.
In using the Services, you agree to:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • keep your Service account password secret; and
  • promptly notify us if you learn of a security breach related to any Service.

5. How you may not use the Services.
In using the Services, you may not:

  • use any Service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the "matchmine parties"), or any customer of a matchmine party;
  • use any Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, any Service;
  • damage, disable, overburden, or impair any Service (or the network(s) connected to any Service) or interfere with anyone's use and enjoyment of any Service;
  • resell or redistribute any Service, or any part of any Service;
  • use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any Service, or in any way reproduce or circumvent the navigational structure or presentation of any Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
  • attempt to gain unauthorized access to any portion or feature of any Service, or any other systems or networks connected to any Service or to any matchmine server, by hacking, password "mining" or any other illegitimate means;
  • probe, scan or test the vulnerability of any Service or any network connected to any Service, or breach the security or authentication measures on any Service or any network connected to any Service;
  • trace (including any reverse look-up), any information on any other user of any Service, or any other customer of matchmine, including any matchmine account that is not yours, to its source, or exploiting any Service made available or offered by or through matchmine, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information; or
  • use any Service for any purpose that is unlawful or prohibited by this Contract, or to solicit the performance of any illegal activity or other activity that infringes the rights of matchmine or others.

Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.

6. Your responsibilities for Service use, Internet access and access to third party sites.
Only you may use your Service account. You are responsible for all activity that takes place with your Service account. You are responsible for paying the fees charged by your Internet access provider to use those Services that require Internet access.

We may, on or through any Service (a) present links to third-party web sites not owned or operated by us and (b) permit third parties to present advertisements or promotional materials. We are not responsible for the availability of these third-party sites or their contents. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that matchmine is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials and links made available to you through any Service.

7. How to cancel the Services.
You may cancel your use of any Service at any time for any reason or no reason. Go to [cancel link] to obtain information on canceling Service(s). All of the terms of this contract remain in force, however, even after you cancel your use of any Service so, for example, we will continue to maintain the privacy of any information we have received from you in accordance with our privacy policy.

8. Protecting your privacy.
We consider your use of the Services to be private, and make every commercially reasonable effort to protect your privacy. We may, after seeking your permission, collect certain information about your Service use and your interests and preferences. In all cases, this will be information necessary for us to deliver the Service to you as effectively as possible. In no case will this data personally identify you. We may, after obtaining your permission, automatically upload this information from your machine. You may read about this information collection in more detail in the privacy policy.

The sole exceptions to this rule are those necessary to protect the interests of the larger community. Specifically, we must reserve the right to access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of any Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of matchmine, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the Services, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or prevent your use of the Service.

9. Our Software.
If you receive software from us as part of any Service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we grant you the right to use the software only for your non-commercial use of the Service on that number of computers or other devices stated in the Service offer (or if no limit is stated, then on all of your personal devices). If we include any third party products in the software you receive from us, then licenses for those products will be stored in a file that accompanies the software.  We reserve all other rights to the software.

The terms of your license to any MatchKey we issue to you are attached hereto as Exhibit A.

We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the Service.

Unless we notify you otherwise, your license to use the software will end on the date your Service ends, and you must promptly uninstall the software. We may disable the software after the date the Service ends.

You are not permitted to disassemble, decompile or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity. You are not permitted to modify the software or create derivative works from the software.  You are permitted to distribute copies of the unmodified installation file, but not the installed, executable software.

The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

10. Beta Services.
If you elect to accept any beta Services (those that matchmine has not released for general commercial use and that are labeled as beta Services), then unless you get our express written permission, you are not permitted (a) to disclose any information regarding such beta Services to any third party; or (b) to use the beta Services for any reason other than to provide feedback to matchmine concerning such Services.

11. Feedback & Unsolicited Ideas.
Neither matchmine nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when matchmine products or marketing strategies might seem similar to ideas submitted to matchmine. So, please do not send your unsolicited ideas to matchmine or anyone at matchmine. If, despite our request that you not send us your unsolicited ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

Terms of idea submission: You agree that: (1) your unsolicited ideas will automatically become the property of matchmine, without compensation to you, and (2) matchmine can use the ideas for any purpose and in any way and can give or sell them to others.

Product Feedback: matchmine does welcome your feedback regarding many areas of its existing business. Please provide only specific feedback on existing matchmine products or marketing strategies; do not include any ideas that matchmine policy will not permit us to accept or consider. Any feedback you provide at this site shall be deemed to be non-confidential. matchmine shall be free to use such information on an unrestricted basis.

12. How we may change the contract.
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the Services before the change takes place. If you do not stop using the Service, then your use of the Service will continue under the changed contract.

13. We make no warranty.
We provide the Services "as-is," and "as available." We do not guarantee the accuracy or timeliness of information available from any Service and we give no express or implied warranties or guarantees regarding the Service. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

14. Our liability is limited.
The Services are free and are offered for your use at your own risk. You can recover from the matchmine parties only direct damages up to an amount equal to $10. You cannot recover any other damages, including direct damages in excess of $10, consequential damages, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:

  • the Service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the Service,
  • incompatibility between the Services and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort.

It also applies even if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • matchmine knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15. Changes to & Canceling the Service.
We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Services stops right away

16. Interpreting the contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the Services. It supersedes any prior contract or statements regarding your use of the Services. If you have confidentiality obligations related to any Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract are for convenience only and do not add to or modify the other terms of this contract.

17. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use any Service, but you may copy and transfer any software we deliver to you (except in the case of beta software that you have agreed to keep confidential) to others with the understanding that their use of such software will require them to establish a contract with us for Services. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

18. Notices; consent regarding electronic information.
You may notify us as stated in the customer support or "help" area for each Service. We do not accept e-mail notices, except in the case where a designated officer of the company formally acknowledges the receipt of such notices.
This contract is in electronic form. We have promised to send you certain information in connection with the Services and we have the right to send you certain additional information. There may be other information regarding the Service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your Service. We may provide required information to you by posting it at a matchmine website or, if you have submitted your email address to us, to that email address, at our election. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail or posting. If you do not consent to receive any notices electronically, you must stop using the Service.

19. Governing Law.
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions.

20. Void where prohibited.
We administer and operate the matchmine website from the company’s location near Boston, Massachusetts; other Services (including other matchmine websites) may be administered and operated from various locations within or outside the United States. matchmine reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made through any Service is void where prohibited.

NOTICES & POLICIES

Copyright and Trademark Notices
All contents of the Service are Copyright © 2007-2008 matchmine LLC, 175 Highland Ave., Needham, Massachusetts 02494 U.S.A., and/or its suppliers. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. matchmine™, MatchKey™, MyGumballMachine™, MyMovieMatch™, MatchMeter™, KeyForge™, GateKeeper™, KeyCaster™, media for the inner you™,  the matchmine logo, the matchstick logo,  the MatchKey logo, the MyMovieMatch logo, the MyGumballMachine logo and other trademarks used herein are trademarks or registered trademarks of matchmine in the United States and/or other countries. Any rights not expressly granted herein are reserved. Other trademarks are owned by their respective companies.

matchmine Copyright Infringement Policy
matchmine respects the intellectual property rights of others, and we ask our users to do the same. matchmine may, in its sole discretion, terminate the accounts of users who violate others' intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on  the matchmine web site, please provide the following information to our Copyright Agent:

  • 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 or how it may be accessed;
  • your address, telephone number, and email address;
  • 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 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.

Exhibit A: MatchKey™ License

MATCHKEY LICENSE

In this license, “we” refers to matchmine LLC and its successors and assigns.

The MatchKey™ Preferences File is a file that stores information about your preferences. Once it is issued to you, it will be under your control, subject only to a couple of simple rules regarding MatchKey™ Preferences Files.

The MatchKey™ Preferences File is a copyrighted work owned by matchmine.   We license the MatchKey™ Preferences File to you, but once we issue a MatchKey™ Preferences File to you, the information that we add to that MatchKey™ Preferences File (representing your preferences) is under your control. You will determine who will be allowed access to your MatchKey™ Preferences File to learn about your preferences. 

You are free to take your MatchKey™ Preferences File apart and to analyze it.  You are even welcome to alter the values contained in your MatchKey™ Preferences File using your text editor of choice, although we do not recommend this.  You acknowledge that as your MatchKey™ Preferences File evolves by the addition of information representing preferences, it remains our copyrighted work and that you use and control your MatchKey™ Preferences File under this license. In other words, every change that gets made to the MatchKey™ Preferences File, including those made by you, become part of our copyrighted work and, by editing your MatchKey™ Preferences File under this license, you are assigning to matchmine copyright ownership of the altered MatchKey™ Preferences File.  So, tinker with the preference values using your text editor, if you’d like, but don’t put your memoirs into your MatchKey™ Preferences File.

 The restrictions on MatchKey™ Preferences File use are simple.  Without matchmine’s written consent, you and others you permit to access your MatchKey™ Preferences File are not permitted:  

  1. to use any method to alter your MatchKey™ Preferences File that does not require manual intervention for each character or byte that gets changed (such manual intervention occurs when you use your text editor, for example).
  2. to alter or remove matchmine’s copyright legend or the URL link to this end user license agreement, each of which is embedded in the MatchKey™ Preferences File;
  3. to add any information to the MatchKey™ Preferences File that infringes or violates anybody else’s intellectual property or other rights; or
  4. to send any copy of your MatchKey™ Preferences File to your friends or others except through a service or application provided by matchmine for that purpose (you may, however, copy your MatchKey™ Preferences File onto as many of your own devices as you’d like). 


Now here it is in legal terms.  We own it.  You can use it. You control access to it. You can copy it. You can distribute it through matchmine. You can reverse engineer it.  But you are not permitted to make derivative works from it (i.e., don't change it) using any method that does not require manual intervention (as described above) or in any way that infringes or violates third party rights. Matchmine maintains copyright ownership of the MatchKey™ Preferences File even when it gets altered.   

THE MATCHKEY™ PREFERENCES FILE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  IN NO EVENT, EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW, WILL MATCHMINE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MATCHKEY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES), EVEN IF MATCHMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This license is governed by the laws of the Commonwealth of Massachusetts without regard to its principles of conflict of laws (and specifically excluding the U.N. Convention for the International Sale of Goods). 

This license sets forth the entire understanding between the parties with respect to the MatchKey™ Preferences File and supersedes all prior agreements, arrangements and communications, whether oral or written, with respect to the MatchKey™ Preferences File; and no other agreements, representations, warranties or other matters, whether oral or written, will be deemed to bind the parties with respect to the MatchKey™ Preferences File.  This Agreement may not be modified except by a writing signed by authorized representatives of both parties.  If any term of this Agreement is found to be unenforceable, you agree that such provision will be removed from the Agreement without affecting the rest of the terms and the remaining terms of this Agreement will continue in full force and effect. 

Copyright ©2007 matchmine LLC