1. Member Eligibility
and Terms. You must be 18 or over to register
as a member of BangkokMatching and use the
Service. This Agreement sets out the legally
binding terms of your membership in the Service.
It may be modified by BangkokMatching from
time to time, effective when posted by BangkokMatching
on the Website.
2. Term and Termination. This Agreement
will remain in full force and effect while
you use the Website and/or are a Member.
You may terminate your membership at any
time, for any reason. BangkokMatching may
terminate your membership for any reason,
effective on sending notice to you at the
email address you provide in your application
for membership or another email notice address
that BangkokMatching received from you.
If BangkokMatching terminates your membership
in the Service because you have breached
the Agreement, you will not be entitled
to any refund of unused subscription fees.
To cancel a subscription to this Website
you need to send us a written cancellation
request via email or mail.
3. Member ID and Password. As part of the
member registration process, you will be
asked to select a Member ID (username) and
password. We may refuse to accept any Member
ID for any reason, including that the proposed
Member ID impersonates someone else, is
or may be illegal, is or may be protected
by trademark or other proprietary rights
law, is vulgar or otherwise offensive, or
may cause confusion, as we determine in
our sole discretion. You are responsible
for the confidentiality and use of your
Member ID and password and agree not to
transfer or resell your use of or access
to the Site to any third party. If you have
reason to believe that your account is no
longer secure, you must promptly change
your password by updating your account information
after logging on to BangkokMatching, and
immediately contact us. YOU ARE SOLELY RESPONSIBLE
FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
MEMBER ID (USERNAME) AND PASSWORD AND FOR
ANY AND ALL ACTIVITIES THAT ARE CONDUCTED
THROUGH YOUR ACCOUNT.
4. Unauthorised Use. The Website and the
Service are for the personal use of individuals
only, for purposes consistent with the Website
and Service. You may not use the Website
or Service in connection with any commercial
or group activities. Organizations, companies
or businesses may not become Members and
may not use the Service or the Website for
any purpose.
5. Proprietary Rights in Content on BangkokMatching.
BangkokMatching owns and retains all proprietary
rights in the Website and the Service. The
Website contains copyrighted materials,
trademarks, and other proprietary information
of BangkokMatching and its licensors. You
may not copy, modify, publish, transmit,
distribute, perform, display or sell any
Website material or information.
6. Content Posted on the Site.
a. You are solely responsible for any
materials (including profiles or photos)
and messages that you publish or display
on this Website, or transmit to other
members.
b. By posting Content to any public area
of BangkokMatching you automatically grant,
and you represent and warrant that you
have the right to grant, to BangkokMatching
an irrevocable, perpetual, non-exclusive,
fully paid, worldwide licence to use,
copy, perform, display, distribute such
information.
c. You understand and agree that BangkokMatching
may review and remove any content that
in the sole judgement of BangkokMatching
violates this Agreement or which, in the
sole judgement of BangkokMatching might
be offensive or illegal or might violate
the rights of, harm, or threaten the safety
of our Members.
d. We reserve the right to investigate
and take appropriate action against anyone
who releases offensive Content including
removing the offending Communications
from the Website and terminating the membership
of such violators. You may not include
in your Member profile any telephone number,
street addresses, last names, URLs or
email addresses. We reserve the right
to restrict the number of emails a Member
may send to other members in any 24 hour
period in order to protect other members
from advertising.
e. WARNING: It is possible that other
Members or users (including unauthorized
users, or "hackers") may post
or transmit offensive or obscene materials
on the Website and that you may be involuntarily
exposed to such offensive and obscene
materials. It also is possible for others
to obtain personal information about you
due to your use of the Service, and that
the recipient may use such information
to harass or injure you. BangkokMatching
is not responsible for the use of any
personal information that you may choose
to disclose on the Service. Please carefully
select the type of information that you
post on the Service or release to others.
7. Copyright Policy. You may not post, distribute,
or reproduce in any way any copyrighted
material, trademarks, or other proprietary
information without obtaining the prior
written consent of the owner of such proprietary
rights. Without limiting the foregoing,
if you believe that your work has been copied
and posted on the Service in a way that
constitutes copyright infringement, please
provide our Copyright Agent with the following
information: an electronic or physical signature
of the person authorized to act on behalf
of the owner of the copyright interest;
a description of the copyrighted work that
you claim has been infringed; a description
of where the material that you claim is
infringing is located on the Website; your
address, telephone number, and email address;
a written statement by you that you have
a good faith belief that the disputed use
is not authorized by the copyright owner,
its agent, or the law; a statement by you,
made under penalty of perjury, that the
above information in your notice is accurate
and that you are the copyright owner or
authorized to act on the copyright owner's
behalf. Personals & Dating
8. Third Party Links We
are not responsible for the content of any
off-Web site pages or any other Web sites
linked to or from the Site. Links appearing
on the Site are for convenience only and
are not an endorsement by us, our affiliates
or our partners of the referenced content,
product, service, or supplier. Your linking
to or from any off-Web site pages or other
Web sites is at your own risk. We are in
no way responsible for examining or evaluating,
and we do not warrant the offerings of,
off-Web site pages or any other Web sites
linked to or from the Site, nor do we assume
any responsibility or liability for the
actions, content, products, or services
of such pages and Web sites, including,
without limitation, their privacy policies
and terms and conditions. You should carefully
review the terms and conditions and privacy
policies of all off-Web site pages and other
Web sites that you visit.
9. Submissions If you make a
Submission, you represent and warrant that
you own or otherwise control the rights
to your Submission. You further represent
and warrant that such Submission does not
constitute or contain software viruses,
commercial solicitation, chain letters,
mass mailings, or any form of “spam.” You
may not use a false email address, impersonate
any person or entity, or otherwise mislead
us as to the origin of any Submission. You
agree to indemnify us for all claims arising
from or in connection with any claims to
any rights in any Submission.
10. Member Disputes. You are solely responsible
for your interactions with other BangkokMatching
Members. BangkokMatching reserves the right,
but has no obligation, to monitor disputes
between you and other Members, arising from
or related to the Website.
11. Privacy. Use of the Website and the
Service is subject to our Privacy Policy,
which is part of this Agreement with you.
12. DISCLAIMERS. BangkokMatching is not
responsible for any incorrect or inaccurate
Content posted on the Website, whether caused
by users of the Website, Members or by any
of the equipment or programming associated
with or utilized in the Website or the Service.
BangkokMatching is not responsible for the
conduct, whether online or offline, of any
user of the Website or Member of the Service.
BangkokMatching assumes no responsibility
for any error, omission, interruption, deletion,
defect, delay in operation or transmission,
communications line failure, theft or destruction
or unauthorized access to, or alteration
of, user or Member communications.
BangkokMatching is not responsible for any
problems or technical malfunction of any
telephone network or lines, computer online
systems, servers or providers, computer
equipment, software, failure of email or
players on account of technical problems
or traffic congestion on the Internet or
at the Website, including injury or damage
to users and/or Members or to any other
person's computer related to or resulting
from participating or downloading materials
in connection with the Website or in connection
with the Service.
THE Website AND THE SERVICE ARE PROVIDED
"AS-IS" AND BangkokMatching EXPRESSLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
OR THAT THE Website OR THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE.
BangkokMatching cannot guarantee and does
not promise any specific results from use
of the Website and/or the Service.
13. Limitation on Liability. You assume
full responsibility and risk for your use
of the Website and the Service. Under no
circumstances will BangkokMatching be responsible
for any loss or damage, including personal
injury or death, resulting from anyone's
use of the Website or the Service, any Content
posted on the Website or transmitted to
Members, or any interactions between users
of the Website, whether online or offline.
BangkokMatching and its affiliates are not
liable to you or any third person for any
indirect, consequential, exemplary, incidental,
special or punitive damages arising from
your use of the Web site or the Service,
even if BangkokMatching has been advised
of the possibility of such damages. If you
live in a state whose laws prevent you from
taking full responsibility for your use
of the service, our liability is limited
to the greatest extent allowed by law. BangkokMatching's
liability to you for any cause whatsoever,
and regardless of the form of the action,
will at all times be limited to the amount
paid, if any, by you to BangkokMatching
for the Service during the term of membership.
14. Indemnity. You agree to indemnify and
hold BangkokMatching, its subsidiaries,
affiliates, officers, agents, and other
partners and employees, harmless from any
loss, liability, claim, or demand, including
reasonable attorney's fees, made by any
third party due to or arising out of your
use of the Website or the Service in violation
of this Agreement or arising from a breach
of this Agreement or any breach of your
representations and warranties set forth
in this Agreement.
15. Other. This Agreement, accepted on your
use of the Website and further affirmed
by becoming a Member of the Service, contains
the entire agreement between you and BangkokMatching
regarding the use of the Website and the
Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement
shall continue in full force and effect.
General
You
acknowledge and agree that these Terms and
Conditions, which include our
Privacy Policy,
constitute the complete and exclusive agreement
between us concerning your use of the Site,
and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right, in our sole discretion,
to change these Terms and Conditions at
any time by posting the changes on the Site.
Any changes are effective immediately upon
posting to the Site. Your continued use
of the Site constitutes your agreement to
all such terms and conditions. We may, with
or without prior notice, terminate any of
the rights granted by these Terms and Conditions.
You shall comply immediately with any termination
or other notice, including, as applicable,
by ceasing all use of the Site.
Nothing contained in these Terms and Conditions
shall be construed as creating any agency,
partnership, or other form of joint enterprise
between us. Our failure to require your
performance of any provision hereof shall
not affect our full right to require such
performance at any time thereafter, nor
shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of
the provision itself. In the event that
any provision of these Terms and Conditions
shall be unenforceable or invalid under
any applicable law or be so held by any
applicable arbitral award or court decision,
such unenforceability or invalidity shall
not render these Terms and Conditions unenforceable
or invalid as a whole. We will amend or
replace such provision with one that is
valid and enforceable and which achieves,
to the extent possible, our original objectives
and intent as reflected in the original
provision.