Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Welcome to the SensibleMatch.Com website (the "SensibleMatch.Com Site"), a website owned and operated by ICQSoft, Inc. ("SensibleMatch.Com").

The terms and conditions stated below, along with the policies and guidelines located throughout the SensibleMatch.Com Site (collectively herein the "Terms of Use") identify what users of the SensibleMatch.Com Site (each a "User") can expect from SensibleMatch.Com, SensibleMatch.Com Providers (as defined below) and the SensibleMatch.Com Site and what we expect from Users. By visiting any area on the SensibleMatch.Com Site, a User is deemed to have accepted the Terms of Use.


I. ONLINE CONDUCT
II. LICENSES AND RESTRICTIONS
III. MATCHMAKERS
IV. FEES
V. CONTENT
VI.EXPORT
VII. AGE OF USERS
VIII.PROFILE CREATION
IX. MATCHMAKER RATING
X. TERMINATION OF USAGE
XI. INDEMNITY
XII. PASSWORD AND ACCOUNT SECURITY
XIII. NOTICES
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
XV. SEVERABILITY
XVI. APPLICABLE LAW; JURISDICTION
XVII. DISPUTE RESOLUTION
XVIII. ACKNOWLEDGMENT
XIX. MODIFICATION


I. ONLINE CONDUCT
User agrees to use the SensibleMatch.Com Site only for lawful purposes. User is prohibited from posting on or transmitting through the SensibleMatch.Com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

SensibleMatch.Com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the SensibleMatch.Com Site; or (iii) to protect the rights or property of SensibleMatch.Com and its officers, directors, employees, matchmakers, third-party content providers, merchants, sponsors, and licensors (collectively, "SensibleMatch.Com Providers") and any other User.

SensibleMatch.Com reserves the right to prohibit or restrict conduct, communication, or Content that SensibleMatch.Com deems in its sole discretion to be harmful to Users, SensibleMatch.Com, SensibleMatch.Com affiliates, the SensibleMatch.Com Site, the communities that make up the SensibleMatch.Com Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no SensibleMatch.Com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no SensibleMatch.Com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the SensibleMatch.Com Site.

User is solely responsible for User's interactions with other Users. User understands that SensibleMatch.Com does not in any way screen its Users, nor does SensibleMatch.Com inquire into the backgrounds of its Users or attempt to verify the statements of its Users. SensibleMatch.Com makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users. In no event shall SensibleMatch.Com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of anyone in connection with the use of the SensibleMatch.Com Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Site or persons you meet through this Site. You agree to take reasonable precautions in all interactions with other Users of the Site, particularly if you decide to meet offline or in person. You understand that SensibleMatch.Com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site. You should not provide your financial information (for example, your credit card or bank account information) to other Users.

II. LICENSES AND RESTRICTIONS
SensibleMatch.Com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with SensibleMatch.Com) of the SensibleMatch.Com Site. SensibleMatch.Com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of SensibleMatch.Com so long as the link does not portray SensibleMatch.Com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner.

The foregoing licenses do not include any rights to:
modify, download (other than page caching), reproduce, copy, or resell the SensibleMatch.Com Site, the Content or any portion or derivative thereof;
commercially use the SensibleMatch.Com Site, the Content or any portion derivative thereof (unless User has a business relationship with SensibleMatch.Com);
copy or download any User's account information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to the SensibleMatch.Com Site or its systems;
use any robot, spider, data miner, scraper or other automated means to access the SensibleMatch.Com Site or its systems for any purpose;
interfere or attempt to interfere with the proper working of the SensibleMatch.Com Site;
bypass any SensibleMatch.Com measures used to prevent or restrict access to any portion of the SensibleMatch.Com Site;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SensibleMatch.Com;
use SensibleMatch.Com name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
compile, repackage, disseminate or otherwise use data extracted from the SensibleMatch.Com Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require SensibleMatch.Com's express written consent (which may include a written agreement signed by an authorized representative of SensibleMatch.Com). Any unauthorized use of the SensibleMatch.Com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by SensibleMatch.Com.

III. MATCHMAKERS
A matchmaker is a special type of user, who has been authorized to use SensibleMatch.Com Site to search for matches and provide other match making services to Users. There are two types of matchmakers: Internal Matchmaker, External Matchmaker. An Internal Matchmaker is an employee or an agent of SensibleMatch.com and works under strict guidelines set by SensibleMatch.com. On the other hand, an External Matchmaker is an independent business owner or business organization. SensibleMatch.Com tries to monitor the activities of all matchmakers for unlawful or objectionable conduct. However, SensibleMatch.Com does not guarantee that matchmakers will not be involved in any objectionable activities. Any User can apply to become an external matchmaker. Matchmakers will be bound by additional agreement (Matchmaker Account Agreement) which will be provided to them once they become matchmakers. SensibleMatch.Com will not be liable for any loss or damage arisen from the activities of a Matchmaker.

IV. FEES
All fees are paid to SensibleMatch.Com. User understands that all fees are non-refundable, and non-tranferrable.

V. CONTENT
Proprietary Rights
User acknowledges that the SensibleMatch.Com Site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and SensibleMatch.Com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Submission of Content by User
Except as set forth in the paragraph headed "Proprietary Rights" above, User may upload to or otherwise submit to SensibleMatch.Com for distribution on the SensibleMatch.Com Site only (i) Content that is not subject to any copyright or other proprietary rights restrictions; (ii) Content in which the owner or licensor has given express authorization for SensibleMatch.Com to distribute over the Internet; or (iii) Content that does not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information ("Harmful Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." SensibleMatch.Com is entitled to presume that all submitted Content conforms with the foregoing requirements. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Harmful Content. No SensibleMatch.Com Provider will assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User submission including without limitation submission of Harmful Content. By submitting Content to any User-submit areas, User automatically grants, or represents and warrants that the owner or authorized licensor of such Content has expressly granted SensibleMatch.Com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content 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 Content. Subject to this grant, the licensor of Content submitted to SensibleMatch.Com retains any and all rights which may exist in such Content. User understands and agrees that SensibleMatch.Com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of SensibleMatch.Com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.

VI. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from the SensibleMatch.Com Site to either a foreign national or a foreign destination in violation of such laws and regulations.

VII. AGE OF USERS
SensibleMatch.Com does not intend the SensibleMatch.Com Site to be used by individuals under the age of 18 (a "Minor"). A minor is not allowed to use SensibleMatch.Com Site for any reason.

VIII. PROFILE CREATION

User may create one or more Candidate Profile ("Profile"), which describe an individual for whom a match is being sought. Following rules apply for Profile creation:

  1. Consent from Candidate
    User must obtain consent from the person represented in the profile ("Candidate"). By creating a profile, User guarantees that User has received proper consent from the candidate.
  2. Legal Age of Candidate
    The minimum age of the candidate must be 18.
  3. Photo submission
    The User may submit photos of candidates created by the User. The photos must be authentic, and the User must get approval from the Candidate to submit a photo. By submitting a photo of a Candidate, the User guarantees that proper consent from the Candidate has been obtained. The photo must not include any identifying information about the candidate including (but not limited to) name, email address, phone number, or address of a web site. The photo should not be vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable.
  4. Accuracy of Information
    The information provided must be accurate, current, and complete. User must not impersonate any person or entity.

IX. MATCHMAKER RATING
SensibleMatch.Com Site may allow a User to rate his/her matchmaker to indicate the level of service provided by the matchmaker. The User agrees to be truthful in the rating, and not use any language which violates ONLINE CONDUCT described above. User will not put any information which personally identifies the User or the Matchmaker. The user will not disclose the email address, phone number, other contact information, or any other information which can be used to derive the contact information of the User, the matchmaker, or another User in the comments left with each rating. User must not leave any comment which contains information or URL of another website, or information which can be used to derive the information of another website.

X. TERMINATION OF USAGE
SensibleMatch.Com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the SensibleMatch.Com Site including any account thereon, without notice, for any reason in SensibleMatch.Com's sole discretion, including without limitation SensibleMatch.Com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, SensibleMatch.Com, any SensibleMatch.Com Provider or another User.

XI. INDEMNITY
User agrees to indemnify and hold each SensibleMatch.Com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.

XII. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the SensibleMatch.Com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current. User accepts full responsibility for all activities that occur within such User's SensibleMatch.Com account.

XIII. NOTICES
User consents to receive electronic communications from SensibleMatch.Com, whether addressed to the e-mail address associated with such User's SensibleMatch.Com account, SensibleMatch.Com Site Mailbox, or posted on the SensibleMatch.Com Site. User acknowledges and agrees that any communication via e-mail, SensibleMatch.Com Site Mailbox, or by postings on this SensibleMatch.Com Site satisfies any legal requirement that such communications be made in writing.

XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SENSIBLEMATCH.COM SITE IS PROVIDED BY SENSIBLEMATCH.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH SENSIBLEMATCH.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO SENSIBLEMATCH.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SENSIBLEMATCH.COM SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SENSIBLEMATCH.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SENSIBLEMATCH.COM SITE; OR (IV) THAT THE SENSIBLEMATCH.COM SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF SENSIBLEMATCH.COM ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

SENSIBLEMATCH.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SENSIBLEMATCH.COM SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SENSIBLEMATCH.COM SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SENSIBLEMATCH.COM.

UNDER NO CIRCUMSTANCES SHALL ANY SENSIBLEMATCH.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SENSIBLEMATCH.COM SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SENSIBLEMATCH.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SENSIBLEMATCH.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SENSIBLEMATCH.COM SITE.

NO SENSIBLEMATCH.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SENSIBLEMATCH.COM SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH SENSIBLEMATCH.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

XV. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XVI. APPLICABLE LAW; JURISDICTION
The SensibleMatch.Com Site is created and controlled by SensibleMatch.Com in the State of Texas, United States. The laws of the State of Texas will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of SensibleMatch.Com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Collin County, Texas and waives any objection to the laying of venue of any litigation in said courts.

XVII. DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the Terms of Use, the SensibleMatch.Com Site or any SensibleMatch.Com service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or SensibleMatch.Com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Collin County, Texas or in the United States county where the defendant is located (in the case of SensibleMatch.Com, Collin County, Texas, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Collin County, Texas).

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.


XVIII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and SensibleMatch.Com regarding User's relationship with SensibleMatch.Com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the SensibleMatch.Com Site or making a purchase via the SensibleMatch.Com Site, a User is deemed to have accepted the Terms of Use.

XIX. MODIFICATION
SensibleMatch.Com reserves the right to make changes to the SensibleMatch.Com Site, posted policies and Terms of Use at any time without notice. These terms and conditions were last revised on November 22, 2009.