Terms of Use
1. Acceptance of Terms of Use Agreement
By creating a Surematch account, whether through a mobile device, mobile application or computer (collectively, the "Service"), you agree to be bound by:
- (i) these Terms of Use,
- (ii) our Privacy Policy, and
- (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service
(collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons, including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our website at surematch.app/terms, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we're unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
2. Eligibility
You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
- you are at least 18 years of age;
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction;
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and
- you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account
In order to use Surematch, you may sign in using a number of ways. If you choose to sign in, you authorize us to access and use certain of your account information, including but not limited to your public profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of the login credentials you use to sign up for Surematch, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately.
4. Modification and Termination
Surematch is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. Surematch may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate.
5. Safety
Though Surematch strives to encourage a respectful member experience, Surematch is not responsible for the conduct of any member on or off the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Surematch's Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SUREMATCH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. SUREMATCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
6. Child Sexual Abuse and Exploitation (CSAE) Policy
SureMatch: Date & Make Friends maintains a zero-tolerance policy toward any form of Child Sexual Abuse and Exploitation (CSAE), including but not limited to:
- The creation, possession, uploading, sharing, solicitation, distribution or promotion of Child Sexual Abuse Material (CSAM).
- Any content or behavior that sexually exploits, abuses, grooms or endangers minors (individuals under 18 years of age).
- Predatory actions, inappropriate sexualization of children, sextortion, child trafficking, or any other form of child sexual exploitation.
Such content and activities are strictly prohibited on SureMatch. We will immediately remove violating content, terminate accounts involved, and may report confirmed instances of CSAM to the National Center for Missing & Exploited Children (NCMEC) or other relevant authorities, in compliance with applicable laws. This prohibition applies to all users and content on the SureMatch platform. See our Child Safety Standards for how to report a concern.
7. Rights Granted to You by Surematch
Surematch grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by Surematch and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:
- use the Service or any content contained in the Service for any commercial purposes without our written consent;
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Surematch's prior written consent;
- express or imply that any statements you make are endorsed by Surematch;
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;
- upload viruses or other malicious code or otherwise compromise the security of the Service;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service;
- "frame" or "mirror" any part of the Service without Surematch's prior written authorization;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;
- use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent;
- probe, scan or test the vulnerability of our Service or any system or network;
- encourage or promote any activity that violates this Agreement.
Surematch may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.
8. Rights You Grant Surematch
By creating an account, you grant to Surematch a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). Surematch's license to your Content shall be non-exclusive, except that Surematch's license shall be exclusive with respect to derivative works created through use of the Service. For example, Surematch would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Surematch can prevent the use of your Content outside of the Service, you authorize Surematch to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Surematch members).
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Surematch above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing or offensive, we reserve the right to immediately terminate your account.
Surematch may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to:
- (i) comply with legal process;
- (ii) enforce the Agreement;
- (iii) respond to claims that any Content violates the rights of third parties;
- (iv) respond to your requests for customer service; or
- (v) protect the rights, property or personal safety of the Company or any other person.
9. Community Rules
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement;
- use the Service for any harmful or nefarious purpose;
- use the Service in order to damage Surematch;
- violate our Community Guidelines, as updated from time to time;
- spam, solicit money from or defraud any members;
- impersonate any person or entity or post any images of another person without their permission;
- bully, "stalk", intimidate, assault, harass, mistreat or defame any person;
- post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
- post any Content that is hate speech, threatening, sexually explicit or pornographic;
- post any Content that incites violence, or contains nudity or graphic or gratuitous violence;
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members, or disseminate another person's personal information without their permission;
- use another member's account, share an account with another member, or maintain more than one account;
- create another account if we have already terminated your account, unless you have our permission.
Surematch reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Surematch regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
10. Other Members' Content
Although Surematch reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Surematch cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service.
11. Purchases
From time to time, Surematch may offer products and services for purchase ("in-app purchases") through the App Store, Google Play Store, carrier billing, Surematch direct billing or other payment platforms authorized by Surematch. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as the Google Play Store or App Store) (your "Payment Method") will be charged for the in-app purchase at the prices displayed to you for the service(s) you've selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize Surematch or the third-party account, as applicable, to charge you.
12. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request to surematchdating@gmail.com.
If you contact us regarding alleged copyright infringement, please be sure to include 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 Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address, and the copyright owner's identity;
- 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; and
- 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.
13. Disclaimers
SUREMATCH PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SUREMATCH DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
SUREMATCH TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
14. Third Party Services
The Service may contain links to other websites or resources. Surematch is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Surematch is not responsible or liable for such third parties' terms or actions.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUREMATCH, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF SUREMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Surematch, our affiliates, and their and our respective officers, directors, agents and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
17. Entire Agreement
This Agreement, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Surematch regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Surematch account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind Surematch in any manner.