Welcome and Introduction to The Matching Club
The Matching Club is owned and operated by BuzzMedia Canada INC. ("we," "us," "our," or "The Matching Club"), which includes without limitation our website located at www.thematching.club (the "Website"). By using the Website, or our applications, tools and any other related services offered by us (collectively with the Website, the "Services") you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of our Terms of Use. The following terms and conditions, including any future modifications to this Terms of Use, and all guidelines are collectively referred to herein as the "Terms of Use."
Use of the Services is also governed by our Privacy Policy, and any additional rules and/or terms identified or displayed on the Website or in connection with a particular Service or program. The Privacy Policy and any such additional rules and terms constitute a part of the Terms of Use and are incorporated by reference herein.
Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content. We encourage you to read our Privacy Policy, carefully, and use it to help make informed decisions. We hold your privacy sacred. Pursuant to the Privacy Policy, we will not disclose your photos or identifying information without your permission to prospective matches, nor theirs to you.
The Matching Club reserves the right, in our sole discretion, to change these Terms of Use at any time. Such changes will become effective upon notification, which we may effect by sending you notice by email and/or posting a revised Terms of Use on the Website, and your use of the Services after such notification constitutes acceptance by you of the changes. You agree to review the Terms of Use periodically to be aware of any such revisions.
If you do not agree to these Terms of Use, please kindly do not use the Website or the Services.
Eligibility
You must be 18 years of age or older to visit, register, or use in any manner the Services. By visiting or using the Website, or accepting the Terms of Use, you represent and warrant to The Matching Club that you are 18 years of age or older, and that you have the right, authority, and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use. By requesting to use, registering to use, and/or using the Website, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. The Matching Club DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. However, The Matching Club reserves the right to conduct a criminal background check, at any time and using publicly available records, to confirm your compliance with this section. You also represent and warrant to The Matching Club that you will use the Services in a manner consistent with any and all applicable laws and regulations.
Usage and Subscription
As a user, you may use some, but not all, of the features and services available within the Services. To access or use additional features and the full extent of the Services, you must become a paying subscriber to the Services. The subscription policies that are disclosed to you when you subscribe to the Services are a part of these Terms of Use. Absent special offers, you acknowledge and agree that if you are not a subscriber, you will not be able to use all the features and services available within the Services.
Illegal and Unauthorized Use
Illegal and or unauthorized use of the Website, including but not limited to collecting personal information, usernames, and email addresses of users by electronic or other means for the purpose of sending unsolicited email, unauthorized embedding, unauthorized framing, of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive compensation. The Matching Club has the right to investigate and refer you to applicable law enforcement authorities if you have misused the Services, taken any actions in defiance of this Terms of Use or the Privacy Policy, or if you have conducted actions that are fraudulent, abusive, harmful, unlawful or illegal.
Communication and Privacy
As a The Matching Club customer, we may use your email address, phone number, or provided social media account(s) to contact you about important changes to the Services or special offers. By subscribing to our Services, you hereby consent to receive messages and/or phone calls in connection with the provision of the Services. Standard messaging and data rates may apply. You must notify us in advance if you cancel or change your mobile phone number attached to your account. To do so, please contact the Customer Success team at [email protected].
Additionally, if you do not want to receive such messages please contact the Customer Success team at [email protected] or refer to our Privacy Policy to review your options.
Interactions with Your Matchmaker
Successful matchmaker collaborations are only possible when clients trust their matchmakers' strategies and choices. Client refusal of introductions to selected matches, poor behavior, or problematic lack of availability can result in forfeiture of matches without refund.
The The Matching Club team periodically reviews our clients' experiences and we may reach out to facilitate a matchmaker change to improve your overall experience or provide a fresh perspective. To explore a matchmaker change at any time, contact the Customer Success Team at [email protected].
We love to celebrate our clients' success stories. We may share quotes or feedback from your experience publicly, but we will not reveal or share any identifying information without your permission.
Refunds
We will provide you a refund of any payments (minus any transfer or credit card fees) you have made in the case that we do not provide you with any matches within 12 months of your payment date. Our Services are varied and diverse, therefore occasionally additional terms or specific refund policies may apply.
Interactions with Other Users
You are fully and solely responsible for your communications and interactions with other users.
You agree and understand that The Matching Club is not obligated to review the backgrounds of its users. Unless specifically offered with your package, The Matching Club makes no guarantees, warranties, or representations as to the actions or conduct of its users. Except as specifically offered with your package, The Matching Club makes no guarantees as to number or frequency of matches made through your use of the Services. Also, we do not guarantee, warrant, endorse, or imply compatibility with any current or future users. In absolutely no event shall The Matching Club be liable for any damages resulting from messages, communications, meetings, or actions with other visitors and users of the Services. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other users of the Services; this is especially important if you decide to meet in person. In absolutely no event shall The Matching Club be held liable for any damages, in any form, whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Services. This includes, without limitation, that we will not be held liable for any mental instability, emotional distress, or bodily injury whether indirect, direct, incidental, or accidental arising out of or relating to conduct of you or anyone else in connection with the Services.
We reserve the right to, but have no obligation to, monitor arguments and disputes between you and other users of the Services.
The Rules
The following is a list of rules that govern your conduct in connection with your use of the Services. You agree to abide by these rules, which include, but are not limited to:
- Any content, words, photographs, messages, or other information (collectively, "Content") provided to us through by you shall remain your sole and exclusive property, and you shall be solely responsible for your Content and the consequences of providing it.
- • You agree that you will not pretend to be any person or entity other than yourself.
- • You agree that you will not imply or state that any statements you make are endorsed by The Matching Club without our prior written consent.
- • You agree that you will not use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.
- • You agree that you will not use the Services to advertise or solicit for commercial goods or services.
- • You agree that you will not defame, stalk or harass another user of the Services.
- • You agree that you will not use a robot, spider, manual/automatic processes or devices to data-mine, data-crawl, scrape, or index the Website in any manner.
- • You agree that you will not defame, harass, annoy, intimidate or threaten any The Matching Club employees or agents engaged in providing the Services to you.
- • You will delete or destroy any personally identifiable information you receive from us regarding other users of the Services, within 12 hours of your receipt of this information. This information includes, but is not limited to : Photos of other users of the Service, links to social media profiles of other users of the Service, detailed information of other users of the Service, the names of other users of the service.
- • You agree that you will not disseminate, publish, share or forward, in a public manner, whether in part or in whole, any information you receive from us regarding other users of the Services. Examples of prohibited behaviour under this term include, but are not limited to : You will not post information you receive from us regarding other users of the Services on public or private social groups, mass or group mailings or a publicly-facing webpage.
- • You agree that you will not disseminate, publish, share or forward, in a public manner, whether in part or in whole, any converstations between you and The Matching Club. Examples of prohibited behaviour under this term include, but are not limited to : You will not post information converstations between you and The Matching Club on public or private social groups, mass or group mailings or a publicly-facing webpage.
- • You agree that you will not hack or interfere with the Website, its servers, our social media accounts, or any connected networks.
- • You agree that you will not modify the Website and/or the Services for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Website and/or the Services. You also agree that you will not aid others in such activities.
- • You agree that you will not remove or alter, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us.
- • You agree that you will not forge, manipulate, or plagiarize messages, communications, headers, or identifiers to make it seem like such Content is from The Matching Club or its users when in fact it is not.
- • You agree that you will not post, publish, display, or transmit in any way proprietary information, copyrighted material, and trademarks that do not belong to you without first obtaining the prior consent of the owner of such rights.
Content Provided by You
You are fully and solely responsible for all of the Content that you provide, publish, display, or upload in connection with your use of the Services. You are also fully and solely responsible for any Content that you provide or transmit to other users. You agree that you will not provide any inaccurate, misleading or false information to The Matching Club or any other user. If information provided to The Matching Club or another user subsequently becomes inaccurate, misleading or false, you will promptly notify The Matching Club of such change.
All information you provide to us must be accurate, current and complete. You absolutely will not use the Services to provide, display, or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material. Also, you absolutely will not provide, publish, display, or transmit any material that infringes or violates another party's rights (not limited to, but including intellectual property rights, rights of privacy, and copyright rights).
The Matching Club may review and delete any offending content, messages, photographs or files that in the sole judgment of The Matching Club violate this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of yourself or other users. We also reserve the right to terminate the accounts of violators. The Matching Club, in our sole discretion, reserve the right to look into, investigate, and take appropriate legal action against anyone who violates this Terms of Use. The following is a list of the kind of Content that is illegal or prohibited in connection with your use of the Services.
This Content includes, but is not limited to, the following:
- • Content that advocates, endorses, condones, or promotes harassment of others, or Content that actively or indirectly harasses others.
- • Content that is offensive and harmful, including but not limited to, Content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
- • Content that involves the creation of or transmission of spam, unsolicited mail, junk mail, or chain letters.
- • Content that asks for or solicits passwords or personal identification information for unlawful or commercial purposes from other users.
- • Content that engages other users in promotional, commercial activities, or sales without The Matching Club's prior written consent, including, but not limited to, sweepstakes, contests, pyramid schemes, or advertising.
- • Content that provides materials or access to materials that exploits people in an abusive, violent, or sexual manner.
- • Content that solicits personal information or any information from anyone.
- • Content that you know is false, inaccurate, misleading, or promotes illegal activities.
- • Content that is abusive, threatening, obscene, libelous, or defamatory.
- • Content that is, uses, promotes, or links to an illegal or unauthorized copy of another person's copyrighted work or intellectual property; for example, but not limited to, stolen images, photographs, video, or audio files.
- • Content that provides instructions on how to conduct illegal activities.
By providing Content to The Matching Club, you are granting, and represent and warrant that you have the right to grant The Matching Club, an irrevocable, continuing, non-exclusive, fully paid, worldwide license to use, integrate in other works, copy, alter, display, reproduce and market such Content without violating our confidentiality policy. You agree that use of such Content by The Matching Club in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party.
Copyright, Trademarks, and Other Proprietary Information
You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted Content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information in association with The Matching Club and its Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:
- • A physical or electronic signature of the individual or entity who owns the copyright;
- • A description of and url link to the copyrighted work that you believe has been infringed upon;
- • Your postal mailing address;
- • Your telephone number;
- • Your email address; and
- • A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner.
Our Proprietary Rights
Our Website contains trademarks, copyrighted material, intellectual property, and other proprietary information of The Matching Club. We own and retain absolutely all proprietary rights of the Website and its Services. You agree that you cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless, of course, the information is in the public domain or we have given you explicit written permission.
No Guarantees
The Matching Club is not responsible for any inaccurate or incorrect Content that is provided or transmitted by our users, or associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any user of the Services. We are not responsible for any errors or delays in communications between users. We are not responsible for the Content of messages, or in-person communications, between users. We are also not responsible for any unauthorized access to the accounts of our users. The Matching Club is not responsible for any damage to users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Website or our Services.
As confident as we are in our matchmaking abilities, The Matching Club does not guarantee that using the Services will result in meeting someone offline or online, and we do not guarantee that using the Services will result in any type of relationship or relationship potential between you and another person or group of people. The Matching Club does not guarantee your compatibility, offline or online, with any other users of the site, whether recommended, suggested, or not. Any advice that may be posted on the Website is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, medical, financial, legal, or other advice.
Limitation of Liability
YOU UNDERSTAND AND AGREE TO USE THE WEBSITE AND ITS RELATED SERVICES AT YOUR OWN RISK. The Matching Club'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
The Matching Club PROVIDES PERSONAL MATCHMAKING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED BY ANY USER TO The Matching Club, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS TERMS OF USE, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS TERMS OF USE, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL The Matching Club, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY The Matching Club AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE The Matching Club SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR 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 AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER The Matching Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Indemnity
You agree to hold harmless, defend, and indemnify The Matching Club, all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors and employees against and from all, including but limited to, loss, claim, demand, costs, liability, lawsuits, attorney's fees, incurred by such persons or groups in conjunction with any dispute or claim arising out of your breach of this Terms of Use and the Privacy Policy. You agree to cooperate fully as would be required by such a claim. The Matching Club has the right, at its own costs, to fully and exclusively defend itself in relation to any claim of indemnification by you.
Interactions with Third Parties and External Sites
The Services may contain links to third party websites that are not owned or controlled by The Matching Club, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. The Matching Club has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, The Matching Club will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless The Matching Club from any and all liability arising from your use of any third party website.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that The Matching Club shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that The Matching Club is under no obligation to become involved.
Termination or Modifications
The Matching Club reserves the right, whenever, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Website and Services, with or without notice. You are agreeing that The Matching Club shall not be liable to you or any other party for ending, discontinuing, suspending, terminating or permanently stopping the Website or Services. The Matching Club reserves the right to modify the Website whenever we choose, at our sole discretion.
Governing Law
This Terms of Use, your rights and obligations, and all actions contemplated by this Terms of Use shall be governed by the laws of the British Columbia, Canada. As a condition of using The Matching Club's services, each user agrees that any and all disputes and causes of action arising out of or connected with The Matching Club, shall be resolved through arbitration, with such arbitration to be held in Vancouver, British Columbia, Canada.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Severability
This Terms of Use contains the entire agreement between you and The Matching Club regarding the use of the Website and the Services. If any provision of this Terms of Use is held invalid, the remainder of this Terms of Use shall continue in full force and effect.
Miscellaneous
This Terms of Use is not assignable, transferable or sublicensable without the prior written consent of The Matching Club. The Matching Club may assign this Terms of Use in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Terms of Use.
Headings are for convenience only and have no legal or contractual effect. All notices under this Terms of Use shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
Questions, Concerns, Comments?
If you have any questions, concerns, or notices of violation of these terms, please email our Customer Success Team at [email protected] or contact us by mail at:
The Matching Club, Inc.
5307 Victoria Drive #192
Vancouver, BC V5P 3V6
Canada