INTRODUCTION
(Terms of Use: http://uk.match.com, revised on 05/05/2010)
These Terms of Use only apply to the entire contents of the present website under the domain: "http://uk.match.com".
These Terms of Use are the property of match.com International Limited (herein, "MIL"), a private limited company incorporated in England and Wales with registered company number 04791534 (VAT number 815337437) whose postal address is PO Box 64197, London, WC1A 9FG and whose registered office is at The Communications Building, 48 Leicester Square, London WC2H 7LT, United Kingdom. Consequently, and without limitation, any dissemination, exploitation, representation, reproduction or use, whether partial or total, on any medium, of these Terms of Use, other than for strictly personal purposes, requires MIL's prior authorisation. Failure to obtain such authorisation shall render the infringing party liable to criminal and civil prosecution.
match.com® is a dating site accessible to match.com Members via the Internet, mobile phones (WAP, I-mode® or mobile applications) and landline telephones. Some features of the match.com Services can be accessed free of charge. Other services are paid for by Members, who pay through subscription (1-month, 3-month, or 6-month subscription).
We ask you to carefully read the Terms of Use below before participating with match.com, as a match.com Member, in the development of a responsible and high quality site. In becoming a Member of match.com, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register with match.com. Registration for one or more Services, as well as use of this website, implies full and complete acceptance of these Terms of Use by the Member. By checking the box containing the words "I certify that I am at least 18 years of age and that I have read the match.com Service Terms of Use", located at the bottom of the registration page, in order to confirm registration, the Member acknowledges that he/she is bound by all clauses of the Terms of Use and represents and warrants that he/she has the right, authority and capacity to enter into the Terms of Use and to abide by all of its terms and conditions.
The list of capitalised words below has been defined for the purposes of these Terms of Use as follows:
"match.com" refers to the group of Services, the purpose of which is to facilitate online meetings between individuals, for personal, leisure and non-business purposes. match.com is accessible from multiple platforms (Internet, text messages, MMS, WAP, etc.), with or without payment and/or match.com International Limited, the publisher of the match.com Services.
"Subscription" refers to a paid fixed rate giving unlimited access to match.com paid Services, as required, for a limited period that can be 1 month, 3 months and 6 months, renewable after the purchased period (as outlined in Article 4) where the subscription has been purchased using a bank card or any other method of payment listed by match.com and allowing continuing debits to be made.
"Service(s)" refers to the entirety of the Services accessible to match.com Members, whether paid or unpaid.
"Paid Services" refers to all Services accessible, at rates quoted, by match.com Members with a valid subscription.
"Member(s)" refers to any or all valid registered users of the match.com Service, whether they access Services or Paid Services.
"Terms of Use" refers to this contract.
The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsibility of the Member, as shall the telecommunications costs incurred by its use.
To be a match.com Member you must be at least 18 years of age and complete all mandatory fields appearing on the registration forms.
In order to become a match.com Member it is necessary to register and subscribe to Services under the Terms of Use that are listed on the match.com website of the country where the Member resides.
When the conditions required for registration are met, each Member will have one or more identifier(s) (usernames) and one or more password(s), according to the different Services with which the Member is registered (Internet, newsletters, telephone). These identifier(s) and password(s) are strictly private and confidential and must not be passed on or shared with any third parties.
If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, match.com will terminate the Member's Account.
The Member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the Member's account, whether these be fraudulent or not. The Member holds match.com harmless against all claims or damages relating to the identification information or the actions or statements made through the Member's account (whether fraudulent or not). In addition, as match.com does not have the obligation or the technical means to check the identity of every person registered with its Services, match.com is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform match.com immediately.
When a Member wishes to sponsor a friend and provides match.com with the contact details of that friend, such Member must have obtained the prior consent of this friend for match.com to process his or her data that will be used solely in order to address an electronic message informing him/her of match.com and its Services. This message is addressed in the name and in the account of the Members having provided match.com with their personal data. In such a case, the Member supplies such information freely and voluntarily and under his/her sole responsibility.
For security and quality purposes, match.com will deactivate the accounts of Members who have not used the Service for a period of 6 months or more, and for whom no subscription remains valid. This six-month period referred to above shall begin on the date that the subscription term expires.
In addition, messages exchanged via the site and stored by Members are automatically deleted after one year. Results of the various lists (winks, visits, etc.) are deleted after six months.
The Member is informed that under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 he/she enjoys a period of seven working days from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, the right of withdrawal may no longer be exercised once the Member has accessed the Services.
Upon registration, and after acquiring the necessary subscription, the Member can take advantage of access to Services available on match.com. Prices and terms of payment for the Paid Services can be found under the Article "Prices and Terms of Payment" of these Terms of Use. This can be accessed at any time via the match.com website during the presentation or the use of the Paid Service(s) that the Member wishes to access, as well as its/their respective price(s).
match.com shall remotely and by electronic means supply an online dating Service via the Internet. match.com's purpose is not to advise on or broker either marriage or long-term relationships. match.com's activity does not include organising offline meetings, supplying access to the Internet network, or providing an electronic communication service to the public. Consequently, match.com has no legal obligation to identify Members when they connect to the match.com website or to monitor content published by Members. Because match.com is technically unable to provide such services, match.com does not undertake contractually to identify Members or to moderate the content publish by the Members under their sole responsibility.
match.com shall not be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. match.com shall not be held liable for any consequences of meetings between match.com Members, on match.com or during meetings between match.com Members and/or non-Members as a consequence of the use of the match.com website and Services. In addition, on a first date, it is recommended that you tell someone close to you and choose a public place (coffee house, pub, restaurant etc.).
In this respect, match.com reminds its Members that they are prohibited from using match.com Services to disclose information that allows them to be identified, such as last names, mailing/email addresses, or telephone numbers, to other match.com members.
The provisions of this Article shall apply without prejudice to the Article "Termination".
When using the Services, the Member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.
The Member has the following General Obligations:
The Member has the following Essential Obligations:
The use of the Paid Services assumes that the Member has a subscription. Members can acquire a subscription either by using a credit card (on the Internet or by telephone), or by other payment methods proposed by match.com as specified in the Site FAQ.
The prices and the terms of payment for the different Paid Services are displayed at all times on the match.com website, including at the point when the member chooses to make a purchase.
The activation of a match.com subscription on a member's account occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction).
The Member can contact match.com at any time to cancel their subscription. The cancellation will take effect from the expiry date given for the active pass, in accordance with Article 8, 'Termination', below.
Upon expiration of a subscription, such subscription shall, except where the Member notifies termination thereof to match.com at least 48 hours before the subscription's expiration date, be renewed on the same subscription package. In such cases, the renewal shall be performed in accordance with the manner of payment originally chosen by the Member, at the price rate of the subscription to which the Member originally subscribed. For the avoidance of all doubt Members can avoid having their subscription auto-renewed if they contact match.com 48 hours before their subscription expiration date to terminate their subscription.
The Member can cancel their subscription at any time, with termination taking effect from the end of the validity period covered by the last monthly payment made.
Members can also subscribe to smartphone applications. These applications can be provided by other service providers (such as iTunes or mobile services providers) and therefore may be subject to other payment terms and conditions than those used and available to Members on the match.com website. Any such applicable terms will only be apply to one-off purchases and all relevant terms and conditions associated with these payments will be brought to the attention of the Member prior to purchase.
For the avoidance of all doubt, purchase of a subscription to a smartphone application or other mobile service(s) will not enable the Member to use Paid Services on match.com.
match.com upholds the strictest of standards with respect to protection of privacy and of personal information, and has made a notification to the UK Information Commissioner, under the no. Z9164413. Our technical teams do their utmost to ensure the safety of match.com systems. Internet security is a complex issue and no system can be considered 100% secure. Should a security breach occur match.com will endeavour to act as fast as possible to remedy the problem.
Some information, comments or content (photographs or video) that the Member optionally provides may possibly, under the responsibility and on the initiative of the Member concerned, reveal the ethnic origin of the Member, his/her nationality, religion and/or sexual orientation. By providing such optional information, the Member concerned manifests his/her intention and, consequently, expressly consents to, and takes sole and exclusive responsibility for, the processing of this mentioned "sensitive" data by match.com.
Each Member can access or request access to information concerning him/her in order to have it modified, deleted or to forbid any further use by match.com. Members can submit such requests for access by mailing their requests to the following address: match.com, PO Box 64197, London, WC1A 9FG or by filling out the contact forms, and each Member shall carefully identify the sender's personal information.
Each Member can, at the time of registration or at any time thereafter, request to receive and, subsequently, request without charge via match.com to cease to receive, match.com newsletters and/or promotional offers sent to her/him by email or to mobile phone from match.com and/or its partners. The rights and warranties of match.com Members respect in particular the UK Data Protection Act of 1998 implementing the EU Directive 95/46/EC dated 24 October 1995 on the protection of personal data and privacy within the European Union; and The Electronic Commerce Regulations of 2002 and the Privacy and Electronic Communications Regulations of 2003 implementing the EU Directive 2000/31/EC dated 8 June 2000 on electronic commerce and EU Directive 2002/58/EC dated 12 July 2002 on the protection of personal data and privacy in electronic communications.
The Member is asked to supply information about himself/herself when he/she registers with the Service, participates in a contest, responds to a survey, participates in a chat or acquires a subscription. Certain items of information are mandatory in order to gain access to Services.
Personal information gathered by match.com can include your name, mailing and/or email address, fixed line and/or mobile telephone numbers, bank information, information about your physical appearance, photographs, voice recording, video, personal values, religion, interests, and your use of the Service.
Furthermore, certain non-personal information are also gathered, such as the version of the Member's and any other visitor's web browser (Netscape, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) and the IP address of the computer from which they are visiting.
Finally, match.com uses cookies, designed to store information used to identify the Member while he/she is browsing on the match.com website, in order to allow the Member to continue browsing without having to re-enter this information for each new page. The Member always has the option of preventing the use of cookies by modifying the options of his/her web browser.
The information gathered about you when you register with match.com and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto.
We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you choose not to be contacted during your registration or unless you change your mind at any moment thereafter. If you do not wish to receive any special offers from match.com or our partner companies, let us know when you subscribe, or alternatively at any time by going to "My Account" on the match.com website, or contact us by mail.
match.com may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you.
The information contained in your personal ad, your search criteria and your profile can be accessed on match.com, on the web, by email (newsletters), by mobile telephone or on match.com's Audiotel Service (a value-added telephone Service). In addition, these information may be broadcasted directly by match.com or via our partners to persons interested in match.com, through newsletters or third-party websites, or by all other electronic (email, text messaging, etc.) or audiovisual (radio, television, etc.) communication tools, or by written press (newspapers, magazines, etc.), in order to increase your chances of meeting someone by promoting your person ads, search criteria and profile.
Consequently, the Member explicitly authorises match.com to reproduce and broadcast the information contained in his/her personal ad, search criteria or profile (personal information, description, images, videos, etc.) on all or part of the match.com Services (on the match.com website, on the Internet, by email, Audiotel) and/or in a general manner, on all distribution media, in particular audiovisual communication (press, radio, analogue television, digital television, cable or satellite) or electronic communication (email, Internet), throughout the entire world and for the length of time established in these Terms of Use between the Member and match.com.
For the purpose of applicable data protection legislation in the European Economic Area ("EEA"), the data controller of the match.com website is MIL (postal address: PO Box 64197, London, WC1A 9FG, United Kingdom; registered office: The Communications Building, 48 Leicester Square, London WC2H 7LT, United Kingdom & registered number 04791534).
The Member explicitly authorises match.com to transfer the information you provided to match.com and the benefits of the above mentioned rights to its partners and eventual successors of match.com.
If you no longer wish for match.com or its partners to reproduce or broadcast the information comprised in your personal ad, your search criteria, or your profile, you can terminate your match.com account following the conditions foreseen in the Article "Termination". Since this information is comprised of your personal ad, your search criteria and your profile, the termination will only take effect upon the next update or version of these communications (printed, press, audiovisual, or electronic) containing your personal ad, your search criteria and your profile information.
The trademarks (including match.com®, match.comVideo, match.comQuiz and match.comMessenger), logos, graphics, photographs, animations, videos and texts featured on the match.com website and in the match.com Service are the intellectual property of match.com or its partners and may not be reproduced, used or represented without the express permission of match.com or its partners, under threat of legal action.
The rights of use granted by match.com to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with match.com. Any other use by the Member is prohibited without the authorisation of match.com.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the match.com website pages or software codes for elements comprising the match.com Services and website.
The Services are operated by MIL in compliance with a licence granted by match.com on its intellectual property. Any infringement or dilution of the licensed intellectual property is subject to further legal action by either MIL and/or match.com.
The Member grants match.com a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the match.com website.
This licence in particular incorporates the right for match.com to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the match.com Services (on the match.com website, by email, by Audiotel) and/or in mailings sent by match.com and, in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet, CD-Rom or DVD-Rom).
The Member expressly authorises match.com to modify this content in order to conform to the look and feel of the match.com Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the member and match.com. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private use.
To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use match.com: Internet Explorer 6 browser or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and Audiotel Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
match.com does not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
match.com does not guarantee that the Services will be usable if the Member's internet service provider is unable to provide its services properly. In this context, match.com cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the match.com website resulting from incorrect hardware, problems experienced by the Member's internet service provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of match.com. Moreover, due amongst other things to the specifics of their Internet browser, Members connecting through AOL may encounter problems making match.com function properly. Furthermore, smartphone applications are only available to match.com Members in possession of the smartphone handset and internet access is required.
Under these conditions, match.com does not guarantee that the Services shall function without interruption or error. In particular, the use of the match.com website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, match.com shall inform its Members prior to maintenance work or updates.
Apple users must use Mozilla Firefox - match.com does not guarantee optimal functioning of the website when using SAFARI or OPERA browsers.
Please note that up-to-date Adobe Flash software is required for this website to function properly (download from: www.adobe). Depending on your network configuration (if protected behind a firewall or proxy), connection to match.comMessenger may not be possible.
The information supplied by a match.com Member must be accurate and conform to the reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via match.com personal information, data, text, content and images. Consequently, he/she waives all recourse against match.com, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, in particular by Article 5 "Personal Privacy and Protection of Member Data," since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.
match.com cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, website visitors and/or the Member himself/herself. Correspondingly, match.com cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties.
The quality demanded of the match.com meeting Service by both match.com and its Members necessitates compliance with certain ethical standards in Members' expression and behaviour, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsibility and ethics, match.com allows Members to notify match.com, on the match.com website, of the data (photograph, text, video), behaviour, or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the match.com Service, the rights of any third party, or general good standards. Consequently, Members acknowledge and accept that the data they provide, as well as their behaviour and words on the Service, may be notified by other Members, moderated and/or monitored by match.com, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Article "Termination", may be applied.
In the event that any damages are brought against match.com due to any actions by the Member against the law or against these General Terms of Use, the Member shall assume all responsibility.
match.com can supply or third parties may include hypertext links to other websites other than the match.com website and to Internet sources. As match.com is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilisation of these external websites and sources are governed by their own Terms of Use.
Finally, if during the scope of a search performed on the match.com website where the result of this search would point the Member to access sites, pages or forums of which the content and/or purpose constitutes a breach of the applicable law, the Member is required to cease consultation of the site concerned in order to avoid being held responsible for such breach.
match.com can be held responsible by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by match.com having caused that Member damage.
In this regard, match.com shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behaviour contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, match.com shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms of Use by the Member.
To the fullest extent permitted by applicable law, match.com excludes all representations, warranties, conditions and other terms (including, without limitation, express or implied warranties of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the match.com website.
match.com do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by match.com, match.com's partners or any Member or any other person or entity. Members acknowledge that any reliance on such opinion, Member profile, advice, statement or information is at their own risk. match.com is not responsible for the conduct, whether online or offline of its Members. Please use caution and common sense when using the match.com website and the Service.
Nothing in these Terms of Use shall exclude or limit match.com's liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
A Member may at any time and without the need to provide any reason end his/her registration with match.com by requesting the closure of his/her account in the area of the match.com website designated for such purposes. Such request shall be deemed effective from the first working day after receipt by match.com of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member's subscription.
Termination of a subscription, by a Member, shall be effective on the applicable subscription's expiration date provided; the Member has contacted match.com at least 48 hours before their subscription expiration date in order to terminate the subscription.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, match.com will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach, match.com will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with these Terms of Use.
Such termination shall take effect without prejudice to any damages that match.com might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
As noted in these Terms and Conditions, Members can also subscribe to smartphone application. Smartphone applications can be provided by other service providers and therefore may be subject to other payment terms and conditions then those used and available on match.com. Any such applicable terms will only be apply to one-off purchases and all relevant terms and conditions associated with this payment will be brought to the attention of the Member prior to purchase.
These Terms of Use, and the pages on the match.com website to which these terms refer, constitute a contract that governs the relationship between the Member and match.com. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of match.com and of the Member.
If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.
match.com may modify these Terms of Use at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the match.com website. The modifications shall take effect one month after their posting on the match.com website. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
Otherwise, the member shall have several options:
In such a case, the Member may demand that the Terms of Use in force at the time he/she obtained the subscription continue to apply, until the original expiration date of the subscription.
In such a case, the Member may implement the procedure referred to in the Article "Termination" at any time during the four (4) months following the date on which the new Terms of Use take effect. After this four (4) month period, the new Terms of Use shall be deemed to have been accepted by the Member unless the Member has manifested his/her intention to terminate his/her account.
Members are therefore invited to read the most recent version online on the match.com website.
These Terms and Conditions are governed and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions. In the event of dispute as to the meaning of a term or provision of these Terms of Use, the language of interpretation shall be English.
The Services are provided by match.com International Limited, a private limited company registered in England and Wales registered under no. 04791534, whose postal address is PO Box 64197, London, WC1A 9FG and whose registered office is at 48 Leicester Square, WC2H 7LT, London UK.
The Services are hosted by Meetic S.A., with a share capital of 2 298 984, 80 euros, registered in the Trade and Companies Register of Nanterre (France) under the number RCS 439 780 339, with head offices located at: BP 109, 92106 Boulogne Cedex, France, represented by Mr. Philippe Chainieux, Chief Executive Officer.
For any questions you wish to ask, you may contact match.com by completing the contact form.