Terms of Service
1. ACCEPTANCE OF TERMS
The services that SafeMatch LLC (“SafeMatch”) provides to User is subject to the following Terms of Service (“TOS”). SafeMatch reserves the right to update the TOS at any time without notice to User. The most current version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of http://safematch.net, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in http://safematch.net, sets forth the terms and conditions that apply to use of http://safematch.net and mobile application (“Smartphone App”) by User. From now on, the use of website (http://safematch.net) and mobile application will be collectively referred to as “SafeMatch Services”. By using SafeMatch Services (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use SafeMatch Services is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s) and verification codes sent to their phone number or email addresses. User must also logout from App after each use.
B. SafeMatch shall have the right at any time to change or discontinue any aspect or feature of SafeMatch Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
C. SafeMatch is not responsible: (i) for any hardware, software or internet access that is needed to facilitate use of SafeMatch Services by User; and (ii) for security procedures, including security of backup data, implemented by User while using SafeMatch Services.
D. SafeMatch is not responsible is for errors in health information, or errors in sharing of health information or misinterpretation on shared health information. User must ensure that errors, if any, are corrected before the information is shared to others. If a User shares their health information to another User, User is taking full responsibility of the shared information. If there are errors in User’s health information, User must notify SafeMatch immediately. User should consult with their healthcare provider when in doubt or contact us.
E. SafeMatch services provide you an anonymous secure chat option to talk to your local health official. SafeMatch will post names of verified health officials on our website. User should also verify the identity of health officials that they find on our website or connect on their own. Communication on chat should be limited to general sexual health topics. If health official and user wants to discuss medical treatment information of user, health official must verify the identity of user and get consent from user before giving medical treatment advice. SafeMatch will not be responsible for verification of content shared on Chat. SafeMatch Chat option should not be used for any other purpose. SafeMatch may monitor chat sessions occasionally to ensure adherence to TOS.
F. SafeMatch does not perform lab testing and is limited in extent of verification that is typically possible in healthcare organization. Therefore, SafeMatch services should be merely used as starting point of discussion on sexual health. Decision on whether or not to have consensual sex in long term relationship should be made by talking with your partner and your healthcare provider.
2. CHANGED TERMS
SafeMatch shall have the right at any time to change or modify the terms and conditions applicable to User’s use of SafeMatch Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SafeMatch Services, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of SafeMatch Services by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SAFEMATCH SERVICES
Through its Web property, SafeMatch provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Web Services”). The Web Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.
Through its mobile application property, SafeMatch provides User with access to a variety of benefits, including accessing health information, sharing health data to other users, getting lab test reminders, chatting with health officials, and product information (collectively “App Services”). The App Services, including any updates, enhancements, new features, and/or the addition of any new mobile application properties, are subject to the TOS. SafeMatch team receives the health data by fax, email, mail or from App from User’s healthcare providers (or from user themselves) and then SafeMatch team uploads the data to User account. After the upload, SafeMatch destroys the received health data after 7 days. SafeMatch restricts employees who can access your information and use security standards that are common in healthcare setting. SafeMatch users can chat with health official, clinic or sex health educator securely and anonymously by hiding their identity. SafeMatch users have the option to delete chat messages at any point in time. SafeMatch will list the names of official public health officials on https://safematch.net website along with their information.
DISCLAIMER: YOU UNDERSTAND AND AGREE THAT SAFEMATCH IS NOT A MEDICAL SITE OR A SUBSTITUTE FOR LICENSED MEDICAL PRACTITIONER. SAFEMATCH DOES NOT CONDUCT ANY MEDICAL LAB SERVICES. SAFEMATCH IS ALSO NOT A COVERED ENTITY OR BUSINESS ASSOCIATE OF A COVERED ENTITY AS DEFINED UNDER HIPAA (HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 IN US). SAFEMATCH ONLY FACILITATES THE AVAILABILITY OF HEALTH INFORMATION WHICH IS SHARED BY MEDICAL SITE TO US (ON REQUEST OF USER) OR BY USER DIRECTLY. MEDICAL SITE WILL REQUIRE USER TO SIGN HIPAA CONSENT FORM WHICH HIGHLIGHT MANY TERMS INCLUDING THAT HEALTH INFORMATION SHARED TO THIRD PARTIES MAY NOT BE PROTECTED UNDER HIPAA. LIKEWISE HEALTH INFORMATION SHARED DIRECTLY BY USERS ARE NOT PROTECTED UNDER HIPAA. SAFEMATCH USE YOUR HEALTH INFORMATION ONLY FOR PURPOSE OF UPLOADING TO YOUR SAFEMATCH ACCOUNT. SAFEMATCH DO NOT DISCLOSE OR SHARE THIS INFORMATION WITH ANYONE ELSE. ONCE CONTENTS OF YOUR HEALTH INFORMATION ARE UPLOADED TO YOUR ACCOUNT, SAFEMATCH DESTROYS HEALTH RECORD RECEIVED FROM MEDICAL SITE AFTER 7 DAYS. AFTERWARDS, YOU ARE IN FULL CONTROL OVER YOUR UPLOADED HEALTH INFORMATION WHICH IS ONLY ACCESSIBLE FROM YOUR SECURE SAFEMATCH ACCOUNT. YOU ALSO UNDERSTAND THAT SAFEMATCH CHAT SERVICES ARE NOT ALWAYS MONITORED BY SAFEMATCH AND SAFEMATCH CANNOT VERIFY THE AUTHENTICITY OF THE INFORMATION SHARED BY CLINICAL PROFESSIONALS OR SEX EDUCATORS OR OTHER SAFEMATCH USERS. CHAT SERVICE SHOULD BE USED ONLY TO CLARIFY BASIC SEXUAL HEALTH QUESTIONS THAT ARE ALSO AVAILABLE ON MOST GOVERNMENT HEALTH WEBSITES. FOR DETAIL HEALTH DISCUSSIONS RELATED TO TREATMENT, USERS MUST FIRST GIVE THEIR CONSENT ON CHAT AND VERIFY THEIR IDENTITY TO THEIR HEALTH OFFICIAL. USERS ALWAYS HAVE AN OPTION TO VISIT THEIR CLINIC OR HEALTHCARE PROVIDER LOCATIONS FOR MEDICALLY ACCURATE INFORMATION.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to SafeMatch Services and use of and all charges related thereto.
5. USER CODUCT
A. User shall use SafeMatch Services for lawful purposes only. User shall not post or transmit through SafeMatch Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SafeMatch’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in SafeMatch’s discretion restricts or inhibits any other User from using or enjoying SafeMatch Services will not be permitted. User shall not use SafeMatch Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with SafeMatch.
B. SafeMatch Services contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SafeMatch Services are copyrighted as a collective work under the United States copyright laws. SafeMatch owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SafeMatch and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on SafeMatch Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SafeMatch Services, User automatically grants, or warrants that the owner of such material has expressly granted SafeMatch the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants SafeMatch the right to edit, copy, publish and distribute any material made available on SafeMatch Services by User.
D. The foregoing provisions of Section 5 are for the benefit of SafeMatch, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
E. A (first) User who receives shared health information of another (second) User is responsible to maintain confidentiality and secrecy of the shared health information. A first User must not share the shared information to anyone else or copy it any form including picture, written, or electronic device. If a User (first User) do not maintain the confidentiality of shared information of another User, first User will be subject to any lawful legal proceedings and liable to pay damages that may arise due to neglect, or carelessness, or willful intention.
F. SafeMatch, or any member affiliated with SafeMatch such as SafeMatch team member, will not be legally responsible or liable for any damages for any mistake that may arise from User’s approving health record to be seen by a second User. User takes full responsibility in sharing health information and in no way put SafeMatch responsible for approving second User’s request. User receiving a request to share health results always has the option to not respond or contact SafeMatch team for support.
G. User should never share any account information (username, email address, phone number, password, zip code, birth date, etc.) to any other person using SafeMatch services. A negligence in above can potentially lead to other person accessing User’s account without permission. App validates each user email address, phone number, and phone device with a validation code. This code should never be shared with anyone. User should never save password on phone (or other locations) as this can lead to potentially misuse of User account. In case a User phone device is stolen or lost, User is responsible to contact SafeMatch team immediately so the account can be temporarily suspended until the stolen or lost device issue is resolved. This is to prevent any unauthorized access of User’s health data from the SafeMatch App.
H. For the purpose of requesting second User’s health information, second user may share their phone number and/or username to the first (requesting) User. Requesting User should not save these information and should not use these for any other purpose other than requesting information of second User. Likewise, requesting User may share their First name, phone number or username while placing a request to second User health information. Second User should not misuse requesting User information for any other purpose except for determining who the requester is. Second User should not save these information at any location. First User may write a short message while placing the request. SafeMatch does not monitor the content of this message. Scope of message should only be limited to requesting health information to second User for purpose of long term healthy relationship.
IN NO EVENT SHALL SAFEMATCH AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM MISUSE OR SHARING OF HEALTH INFORMATION BETWEEN TWO USERS.
6. USE OF SAFEMATCH SERVICES
The SafeMatch Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
SafeMatch has no obligation to monitor the Communication Services. However, SafeMatch reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SafeMatch reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SafeMatch reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SafeMatch’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. SafeMatch does not control or endorse the content, messages or information found in any Communication Services and, therefore, SafeMatch specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.
SafeMatch will not store the person’s health data on SafeMatch’s physical site beyond 7 days after it is received by mail, fax, email or in-App submission. SafeMatch will confidentially shred the person’s health data after 7 days. Once the data is uploaded by SafeMatch team, User is responsible to validate whether the data is entered correctly. SafeMatch is not responsible for wrong data entry by SafeMatch team if the person does not request SafeMatch team to correct the old data within 7 days of data being uploaded to account by SafeMatch team. User is also responsible to sign in to mobile application account after being informed that health data is updated. Signing in adds another layer of security to the overall mobile application by encrypting the data which can only be read from User’s account with valid credentials.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the SafeMatch Services requires User to open an account, User must complete the registration process by providing SafeMatch with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and an account username. User is entirely responsible for maintaining the confidentiality of User’s password and account information. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User password should not be shared with anyone or written or saved at any location. User must logout of SafeMatch App after each use. If User device (mobile device such as phone or iPad) with registered phone is stolen or not available for a long time, User should notify SafeMatch immediately so that User account can be prevented from any misuse. User must keep their mobile device password protected when not in use. User should also ensure that verification codes are not shown on the mobile devices when device is password protected. User’s username may be periodically shared with other person for purpose of exchanging health records. However, User’s username should not be shared with anyone except for purpose of health record exchange. Username should not be posted on any public profiles on social websites or dating sites. User Username is key component in resetting of password (besides verification code on mobile device). It is therefore critical to limit exchange of Username only to very few and only for purpose of health information sharing.
SafeMatch has taken number of steps to maintain security of your account. User access control and User health information are stored at different location services offered by our Cloud Service Provider. In worst case scenario of breach, User health information is hardly accessible as it can only be decrypted from the User’s mobile device. User access control is a standard User Management Service widely in use by many customers of our Cloud Service Provider. This User Management Service has been extensively tested over many years. SafeMatch also uses Identity Management Service to limit what each User account can access. For example, User A can never see files in directory of User B even if User A knows the location path of files. User health information and request history is always kept in encrypted form whether locally in App or on Cloud Storage location. Beside the standard encryption service of our Cloud Service Provider, User data is also encrypted with additional password which is unique to each User. This further limits the amount of information accessible to SafeMatch’s Cloud Administrators. This also ensures that health sharing request can only be approved from User’s own account and not by SafeMatch Could Service Administrators. User information access in App is handled by standard Cloud Service Provider APIs which have been extensively tested over years and regularly updated for security fixes, if any. Any communication between App and Cloud Service Provider is always on secured https connection which is also handled by proven Cloud Service Provider APIs. We have agreements with Cloud Service Provider to make sure your information security is respected at all times. SafeMatch App Chat service use the standard high security APIs from Cloud Service Provider. SafeMatch Chat service should be used only for getting answers to your questions and messages should be deleted after question has been answered.
User agrees to notify SafeMatch immediately of any unauthorized use of User’s account or any other breach of security. SafeMatch will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by SafeMatch or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
8. RECORD KEEPING
SafeMatch is designed to give User control over their health record and whom they share their health records. Accordingly, SafeMatch only stores minimal information that is intended for the purpose involved. SafeMatch do not keep original medical records beyond 7 days after they are uploaded to User account. The original medical records may be received by email, fax, mail or in-App camera either from clinic (on User consent) or from User themselves directly. Once the medical records are uploaded to User account, User controls their information including the ability to delete their information anytime. When User shares their health record summary with others, 1-hr access is granted to newly created shared health file. This shared health file self-deletes after 7 days. Additionally, limited logs with 7-day expiry are kept in separate secured area for only troubleshooting purpose in case any issue arises with User access. User Chat sessions are only meant to answers sexual health questions of Users even anonymously if needed. SafeMatch keeps no additional logs even after User deletes their Chat sessions or messages.
SafeMatch also keeps an audit trail of when, how and by whom your health storage and requests history files are accessed. This trail is kept for 1 year with no detail of viewable health and requests history information. SafeMatch may also keep email, sent from @safematch.net domain, communication records for up to 1 year. However, such emails will not store copies of medical records received by User or their health care provider. Emails may refer to test date, location from where the record was received, and details of testing facility. On User’s consent, Emails may be used to discuss certain information in their medical health records. On User’s consent, sms or text messages may be used for communication. However, sms or text messages are deleted by SafeMatch team immediately after the purpose of communication is completed (usually not more than 7 days). Information received via electronic secure Fax self deletes after 30 days. However, SafeMatch will typically delete your faxes 7 days after uploading health records to your accounts. SafeMatch may use designated PCs for accessing your information and including temporarily downloading your information to facilitate uploading medical records to your account. However, any downloaded information will be deleted immediately after the purpose of uploading information to your account is completed. These designates PCs are the only places from where SafeMatch’s emails, secure faxes and Cloud Service Provider administrative services are accessed. Besides storage means and purpose described above, SafeMatch will never use these designated PCs, external drives, USB, or portable storage drives to store or carry your medical or personal information.
9. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE AND MOBILE APPLICATION
Any software or mobile application (“App”) that is made available to download from the SafeMatch Services (“Software”) is the copyrighted work of SafeMatch and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SAFEMATCH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, SAFEMATCH MAY MAKE AVAILABLE AS PART OF THE SAFEMATCH SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SAFEMATCH DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SAFEMATCH SERVICES.
10. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the SafeMatch Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the SafeMatch Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SAFEMATCH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SAFEMATCH SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SAFEMATCH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SAFEMATCH AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SAFEMATCH SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SAFEMATCH SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAFEMATCH AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
11. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SAFEMATCH SERVICES AVAILABLE ON THIS SITE AND MOBILE APPLICATION
IN NO EVENT SHALL SAFEMATCH AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SAFEMATCH SERVICES, OR INFORMATION AVAILABLE FROM THE SAFEMATCH SERVICES.
12. MATERIALS PROVIDED TO SAFEMATCH OR POSTED AT ANY OF ITS WEBSITES
SafeMatch does not claim ownership of the materials User provide to SafeMatch (including feedback and suggestions) or post, upload, input or submit to any SafeMatch Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting SafeMatch, its affiliated companies and necessary sub-licensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all SafeMatch Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the SafeMatch Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. SafeMatch is under no obligation to post or use any Submission User may provide and SafeMatch may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Services including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Services and the SafeMatch Services, (b) User have the rights necessary to grant the licenses and sub-licenses described in these Terms of Services, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Services, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the SafeMatch Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Services, of any of the SafeMatch Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the SafeMatch Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the SafeMatch Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF SAFEMATCH SERVICES IS AT USER’S SOLE RISK. NEITHER SAFEMATCH, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SAFEMATCH SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SAFEMATCH SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SAFEMATCH SERVICES.
B. SAFEMATCH SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SAFEMATCH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL SAFEMATCH, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SAFEMATCH SERVICES OR THE SAFEMATCH SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SAFEMATCH SERVICES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SAFEMATCH, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SAFEMATCH SERVICES , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. SAFEMATCH, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, SAFEMATCH, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE SAFEMATCH’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SAFEMATCH AND SAFEMATCH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SAFEMATCH IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SAFEMATCH IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SAFEMATCH OF THE SITE.
SAFEMATCH is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, SafeMatch has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of SafeMatch Services, are those of the respective author(s) or distributor(s) and not of SafeMatch. Neither SafeMatch nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through SafeMatch Services represents the opinions and judgments of the respective information provider, User, or other user not under contract with SafeMatch. SafeMatch neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SafeMatch Services by anyone other than authorized SafeMatch employee spokespersons while acting in their official capacities. Under no circumstances will SafeMatch be liable for any loss or damage caused by a User’s reliance on information obtained through SafeMatch Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SafeMatch. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
SAFEMATCH OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SAFEMATCH’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SAFEMATCH. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SAFEMATCH OR ANYONE AT SAFEMATCH. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SAFEMATCH MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
SafeMatch shall have the right, but not the obligation, to monitor the content of SafeMatch Services, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SafeMatch and to satisfy any law, regulation or authorized government request. SafeMatch shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SafeMatch. Without limiting the foregoing, SafeMatch shall have the right to remove any material that SafeMatch, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless SafeMatch, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of SafeMatch by User or User’s Account.
Either SafeMatch or User may terminate this Agreement at any time. Without limiting the foregoing, SafeMatch shall have the right to immediately terminate User’s Account in the event of any conduct by User which SafeMatch, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for SafeMatch Services established by SafeMatch constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Missouri, United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
20. COPYRIGHT NOTICE
SafeMatch and its logos are trademarks of SafeMatch LLC. All rights reserved. All other trademarks appearing on SafeMatch are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
By using the SafeMatch Services (located at http://safematch.net and on mobile application(“App”) ), you agree to abide by the above Terms of Service.