Terms of Use Agreement
Welcome to Directmatches.com, a service for adults to find and meet each other online. This agreement sets out the terms under which Directmatches.com services are provided to you. By registering with Directmatches.com, you become a member of the site, and you agree to be bound by the terms and conditions of this agreement for as long as you continue to be a member. If you do not agree to the terms, please do not register for the Directmatches.com service or otherwise access or use this site.
Eligibility and Registration
You must be eighteen or over to register as a member of Directmatches.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. However, we cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the site by persons under the age of 18 in violation of these terms.
When registering to become a member you must register with Directmatches.com. When and if you register to become a member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form, and to maintain and update your information to keep it accurate, current and complete.
Term
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 by contacting us on this form, and your membership will be terminated upon receipt of email notice of termination.
Your membership in the site is for your sole, personal use and personal entertainment only. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Each person must have their own account and login name.
Your username and password is
part of the registration process, you will be asked to
select a username and password. We may refuse to grant
any username that 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 username and password
and agree not to transfer 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 may delete
your profile by contacting us on this form. You can set up an entire new account with a new username and password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Directmatches.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Directmatches.com. If Directmatches.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees.
Return Policy and how my Credit Card will be Billed.
When you register on the Web site to become a Customer, we bill your credit card $9.95, which ensures you access to the service for a month. At the end of the month, we will automatically bill your card $9.95 per month. If at any time you cancel the service, we will stop billing you monthly.
If you register as a Managing Independent Representative for $19.95 per month or an Executive Independent Representative for $29.95 per month we will also bill your card monthly. If at any time, for any reason you cancel the service, we will stop billing you monthly.
Independent Representative Status
Members choosing Independent Representative status will be treated as independent contractors for all federal or state tax purposes. As independent contractors, Independent Representatives will not be treated as employees, franchisees, joint ventures, partners, employees, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Act, state unemployment acts, or any other federal,
state, or local statue, ordinance, rule, or regulation. All Independent Representatives shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All Independent Representatives are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year,
DirectMatches will issue an IRS Form 1099-MISC for non-employee compensation for Independent Representatives as required by law. Independent Representatives may resign their Independent Representative status (separate from Membership status) at any time upon written notice. Direct Matches may suspend or terminate an Independent Representative for cause upon written notice.
ALL Independent Representatives who reside outside of the United States and Canada have a minimum commission hold of US $75.00. This means unless you earn a minimum commission amount of US $75.00 your commission check will not be sent until it reaches the minimum requirement. If you resign your account prior to meeting the minimum requirement then you waive the right to any unsettled commissions not meeting the mimumum commission hold.
Free Members
Free members are eligible to post a free profile with a photo, audio, or video clip and can access chat and message boards. However free members have a limited trial period to use the My Mails system and must upgrade their account to have full access to the site according to the options and details on the Upgrade Page.
SPAM Policy
DirectMatches has a ZERO TOLERANCE SPAM policy. If you are reported for sending SPAM or un-solicited e-mail marketing DirectMatches or other, your account and Independent Representative postion will be terminated immediately.
Any use of customer e-mail addresses found on your personally sponsor page, for OTHER THAN DirectMatches business is prohibited, and also may violate Anti-Spam Laws. If you are reported your account can be terminated immediately.
Proprietary Rights in Content
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, photos, images or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the site. All photos, images and written content and other material are herein copyrighted on the Directmatches.com site. You further acknowledge and agree that content contained in sponsor advertisements, or information presented to you through the service, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Directmatches.com , you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Web site, in whole or in part.
Content Posted on the Site
You will
not post on the site, or transmit to other members or
employees, any defamatory, inaccurate, abusive, obscene,
profane, offensive sexually oriented, threatening,
harassing, racially offensive, or illegal material, or
any material that infringes or violates another party's
rights (including, but not limited to, intellectual
property rights, and rights of privacy and publicity).
Please notify us by using this form of any material contained in the site that you believe infringes these rules.
You will use the site in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. Directmatches.com reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with these prohibitions.
You will not impersonate any person or entity, nor stalk anyone other member for any reason or harass them in anyway, you will not solicit other members for anything while in the Directmatches.com site, and you will not send any spam or junk mail to any member of the site. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents.
You are solely responsible for your interactions with other members. Your online conduct as a member, you agree that: You are solely responsible for the content or information you publish or display (hereinafter, "post") on the site, or transmit to other members.
Under no circumstances will Directmatches.com be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the site or transmitted to members.
The site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.
WARNING - It is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the site 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 site, and that the recipient may use such information to harass or injure you. Directmatches.com is not responsible for the use of any personal information that you may choose to disclose on the site. Please carefully select the type of information that you post on the site or release to others.
Notice
of Networking System and Match Making Service Use
In order to connect and network you better
DirectMatches sophisticated technology and service may
match you with other members through different methods
including My Matches and also via Networking Match
Mails, though system matched Contacts and My Mail
forwarding and matching.
Match Mails are randomly selected active Members that are forwarded to other members with a networking introduction. System generated match Contacts are system generated My Contact requests. My Mail forwarding is system generated forward of repetitive mail to members. In registering for DirectMatches you agree to any and all networking and system generated connections and introductions.
Official
Rules for Member of the Month
Contest DirectMatches gives away $1000's of
dollars each year in prizes to members. To be eligible
you must be a paid manager, customer, or executive
member. You must have a business networking profile
including a photo posted with your profile. There is a
limit of one online profile per individual and per
e-mail address. Subsequent entries determined to be
submitted from the same email address or from the same
individual using multiple email addresses in violation
of this rule will be declared ineligible. You can not
vote for your own profile.
All entree profiles and all votes from members must be submitted by 12:00 midnight, on the last day of each month. The winner will be announced on the 1st of each month or at particular events or occasions determined best by DirectMatches discretion. Each winner will win US $100.00 cash paid via US check, and also prizes which prizes are determined by DirectMatches and will vary sometimes greatly in the number of prizes and value month to month.
By entering this promotion, each entrant accepts and agrees to be bound by these official rules and the decisions of the DirectMatches. DirectMatches is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the contest or by any technical or human error which may occur in the processing of submissions in the contest. DirectMatches assume 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 entries. DirectMatches is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment or software on account of technical problems or traffic congestion on the Internet or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating in this contest. If, for any reason, the contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of DirectMatches, which corrupts or affects the administration, security, fairness, integrity of this contest, DirectMatches reserve the right to terminate the contest.
DirectMatches reserves the right to disqualify any entry determined to be the result of tampering with the system or in violation of the letter and spirit of the official rules. Any use of programmed, automatic or scripted entry methods will void all associated entries and individuals using such methods may be disqualified for future entry opportunity.
Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Directmatches.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
Accrual of Rebates from Rewards Shopping
You will be credited with either a percentage of the net purchases (or a flat fee from services) from online transactions you made at one of the online merchants affiliated with Directmatches.com's eRewards program. The net purchase is defined as the total amount paid to the merchant minus tax, gift-wrapping, shipping, promotional credits, returns, cancellations, and transaction fees, or as the affiliated merchant describes on its individual Web site. NO Gift card purchases are eligible for rebates.
After the affiliated merchant pays Directmatches.com for your Net Purchases, you will be credited with your rebates. Your cookies have to be enabled on your Web browser for the process to work.
To qualify, you have to click the affiliated merchant's link on the Directmatches.com Business Navigator toolbar or Directmatches.com Web site, and the purchase has to be completed during that same session. Directmatches.com reserves the right to determine whether or not a purchase was made under these guidelines. Awards to members are subject to adjustments for returns and cancellations. Directmatches.com can apply such adjustments to member accounts at any time at its sole discretion. If you disagree with any adjustments, your only option is to withdraw from the program.
It is your responsibility to check your account regularly to be sure that rebates have been properly credited and that your account balance is accurate. You must inform Directmatches.com of any missing rebates within 30 days of the valid qualifying purchase.
Directmatches.com reserves the right to terminate any account for abusive or fraudulent activity, or if the member is no longer reachable at the e-mail address provided.
Member Disputes
You are solely responsible for your interactions with other Directmatches.com Members. Directmatches.com corporation reserves the right, but has no obligation, to monitor disputes between you and other Members. You are solely responsible for your interactions with other Directmatches.com Members
Changed Terms
We reserve the right at any time to change the terms and conditions of this agreement; change the site, including eliminating or discontinuing any content on or feature of the site as well as adding new features at any time.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the site or email. Your use of the site after such notice will be deemed acceptance of the changes. Be sure to review this agreement periodically to ensure familiarity with the most current version.
Privacy
The personal information (including
sensitive personal information) you provide to us will
be stored on a computer. You consent to us using this
information to build up a profile of interests,
preferences and browsing patterns and to allow you to
participate in the Directmatches.com site. Use of the
Website and/or the Service is also governed by our Privacy
Policy
.
Disclaimers
Directmatches.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR COMPUTER BUG, WORM, OR ERROR-FREE, INCLUDING DOWNLOADABLE PROGRAMS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
Limitation on Liability Directmatches.com disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the site. We do not exclude any liability for death or personal injury due to our negligence. Except in jurisdictions where such provisions are restricted, in no event will Directmatches.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Directmatches.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Directmatches.com ’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 Directmatches.com for the Service during the term of membership.
Export Control
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list
International Use
Directmatches.com currently operates, or permits operations from Independent Representatives, in the United States. The Company invites visitors from other countries to sign up for free or become a Customer. Directmatches.com has plans to expand to other regions of the world and will inform its Representatives at the appropriate time. Initiating activity in a country where Directmatches does not currently operate could result in legal liability to the individuals involved.
Indemnity
You agree to indemnify and hold Directmatches.com, 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 Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth.
Disputes
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree to notify Directmatches.com in writing within 60 days and that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware, City of Wilmington.
Other
This agreement shall terminate immediately and without notice if you breach any of the terms, subject to the survival of all rights and reservations of Directmatches.com. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The member certifies that the member has read and agrees to be bound by these Directmatches.com member terms and conditions.
How to Contact Us
If you have any
questions or concerns about the Directmatches.com Terms
and Conditions you may contact us by using this form.
Mail to:
Directmatches Corp
Attn: Customer Care
11654 Plaza America Drive # 335
Reston, VA 20190-4700
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