2/10/2008
Terms of Use & License Agreements

Terms of Use Agreement
Additional Terms of Use for Members


Terms of Use
Before using this website, carefully read the following Terms of Use Agreement. By using this AvMatch™ website (also referred to as AvMatch.com and Site herein) you agree to be bound by this agreement. If you find this Terms of Use Agreement unacceptable in any way, please do not use this website.

This Agreement applies to you, and if you are using this Site on your employer's behalf, to you and your employer. Your use of the Site is subject to the most current version of this Terms of Use Agreement at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.

Ownership
Any images, files, applications, audio, video and related materials downloaded by you from AvMatch.com, including related text, captions, or information (collectively referred to as 'Content'), is owned by AvMatch and/or our licensors (members and/or companies) and is protected by US and international copyright laws and other intellectual property rights. Downloading any Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not copy, modify, redistribute, publish, post, broadcast, share or sell the Content except for your use granted by this Agreement or by the End User License Agreement. No portion or element of AvMatch.com or it's Content may be copied or retransmitted via any means except when explicitly permitted under this Agreement.

You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by AvMatch. If you are uncertain whether or not additional rights are needed for your use, you are responsible for consulting with rights management professionals or legal counsel.

Disclaimers
Limitation of Warranty and Damages, AvMatch makes no representation or warranty with respect to any product or related content and to the extent of applicable law, this Site is provided 'As Is'. AvMatch does not warrant that content or function of this Site will be free from Errors, Service Interruptions, Defects, Viruses, or other damaging elements, or that AvMatch will correct any errors or defects. You assume the risk of downloading and/or using third party content which may be made available for license and download from this Site. You assume the cost of service, repairs or corrections to your hardware, software, or other equipment. Before using any downloaded material, content or software from this Site, it is recommended that you check such material, content or software for viruses with an up to date virus scanner.

Indemnification
You agree to indemnify and hold harmless AvMatch.com and its Content sources, officers, directors, employees, contractors, members, licensors and licensees against all claims (including claims by third parties), liability, judgments, settlements, damages, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any terms, conditions or restrictions of this Agreement and/or your failure to obtain from third parties all permissions necessary to use the Content. You also agree to indemnify and hold harmless AvMatch.com and it's officers, directors, employees, contractors, members against all claims, liability, judgments, settlements, damages, costs and expenses, including legal fees and expenses, for any content, profiles and or messages that you might see or receive during your use of AvMatch.com. If you see offensive materials in profiles while searching this website please stop using the site immediately. You can also let us know directly and we will do everything in our power to remove such content that is judged by us to be offensive in nature. If you receive messages from a member of AvMatch.com that are offensive, abusive, threatening or frightening in nature, please refrain from communicating with said member and let us know immediately. We will investigate and, if necessary, notify appropriate authorities, when possible, and we will also remove said content and freeze membership for member that violates this terms of use agreement.

Third party links
Websites and companies listed on or linked to from the AvMatch.com website are not controlled by AvMatch and we are not responsible for any content contained in any such website or company or any loss suffered by you in relation to your use of such websites and companies. You waive any and all claims against AvMatch regarding the inclusion of links to outside websites or your use of those websites.

Registering for Membership
Registering as a member with AvMatch.com grants you certain privileges. As a member, you may be granted access to free downloads or other Content, such as files, images or other Content. When applying for a membership with AvMatch.com, you agree to furnish true and precise information. You agree only to access the Site with your user name and password. You also agree to hold this information private. You shall not distribute or share this account access information or allow others to access and use your membership account. It is your responsibility to notify AvMatch of any unauthorized access or use of your membership account. You are responsible for any Content downloaded, free or licensed via your membership account. AvMatch reserves the right to revoke your membership or deny you access to certain content at any time.


License Granted from Member (Content Provider) to AvMatch.
Any Member or Content Provider who delivers, uploads or otherwise provides Content to AvMatch for the purpose of displaying, transmitting and/or distributing such Content grants to AvMatch a non-exclusive, worldwide royalty-free license to: display, distribute, transmit and use for promotional purposes; use any trademarks, trade names, service marks for the purposes stated above;

The following terms apply to all Content submitted to AvMatch, including images, photographs, artwork, illustrations, etc. (but not limited to).

The Member retains all copyrights and ownership of Content provided or delivered to AvMatch. However, if another written agreement is in place, it shall take precedence over this one.


Additional Terms of Use for Members who create Profiles:

Creating a Profile (also known as a Content Provider)
Registering as a Member and creating a Profile on AvMatch.com grants you certain privileges. Before being approved as a Member, you must first AGREE with the Terms of Use Agreement. When creating a Profile on AvMatch.com, you agree to furnish true and precise information. You agree only to access the Site with your user name and password. You also agree to hold this information private. You shall not distribute or share this account access information or allow others to access and use your membership account. It is your responsibility to notify AvMatch of any unauthorized access or use of your membership account. You are responsible for any Content uploaded and/or downloaded, free or licensed via your membership account. AvMatch reserves the right to revoke your Member and/or Profile status or deny you access to content, other than your own, at any time. AvMatch reserves the right to require you to remove some or all of your Content from our Site and it's application.

Termination of all agreements: By either AvMatch or the Member, this Agreement may be terminated at any time by notice to each party via email or postal mail.

Member Content Responsibilities and Representations:
All Content provided to AvMatch by a Member must meet the following terms and conditions: 1. All Content is your owned and original works. 2. All Content must NOT contain copyrighted works of any kind not owned by you or granted to you by the copyright holder in writing. 3. All Content must not violate any laws or regulations. 4. All Content must not be considered obscene, pornographic or defamatory. 5. All Content does not contain any viruses, spyware or malicious programming code that may interfere in any way with either web server, site applications OR end user computers and operating systems. 6. Profile content must not contain advertising for products and services, links to other websites, contact information, email addresses, phone numbers, real names, avatar names, and must not be deemed offensive in nature. (We reserve the sole right to judge what may be offensive content. Please use common sense!) 7. Message content to other members must never be abusive, defamatory, threatening, violate any laws or regulations, contain advertising for products and services, links to other websites or be considered SPAM. (Again, please respect all members of AvMatch.com and act responsibly and with tact.) Again, we reserve the right to cancel and revoke your membership at any time, without explanation. Please be respectful at all times and use common sense. Thank you!

Payment and Refund Policy:
We currently accept payment for extended usage of our service in the form of $Ls (Linden Dollars). Any payments made by you for 'Connection Tokens' or to upgrade to a 'Premium Unlimited' membership are non-refundable.


Changes to These Agreements
AvMatch reserves the right to change the terms of our Terms of Use and License Agreements at any time. If we make material changes to this Agreements we will notify you here, by email, or by means of a notice on our home page.

Questions or Concerns
If you have any questions regarding this privacy statement, please do not hesitate to contact us by using our contact form. We will make reasonable efforts to identify and correct any problem.

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