Welcome to MegaMates.com, the service for adults to meet each other online operated by
Progressive Web LLC. By using the MegaMates.com Website (the "Website") you agree to be
("Member"). If you wish to become a Member and communicate with other Members and make use
acceptance of them by following the instructions in the REGISTRATION PROCESS.
This Agreement sets out the legally binding terms of your use of the Website
and your membership in the Service and may be modified by MegaMates.com from
time to time, such modifications to be effective upon posting by MegaMates.com
on the Website. This Agreement includes MegaMates.com's Acceptable Use Policy
notices regarding the Website. You may also receive a copy of this Agreement by
Eligibility. You must be eighteen or over to register as a member
of MegaMates.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
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 following the instructions on the Resign pages in Account Settings, or upon receipt
by MegaMates.com of your written or email notice of termination. MegaMates.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 MegaMates.com. If MegaMates.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. Even
after membership is terminated, this Agreement will remain in effect. Even after this Agreement
is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14
of this Agreement.
Non Commercial Use by Members. The Website is for the personal use of individual
Members only and may not be used in connection with any commercial endeavors. Organizations, companies,
and/or businesses may not become Members and should not use the Service or the Website for any purpose.
Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses
of members by electronic or other means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Website will be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress.
Proprietary Rights in Content on MegaMates.com. MegaMates.com owns and retains all
proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks,
and other proprietary information of MegaMates.com, and its licensors. Except for that information which is
in the public domain or for which you have been given written permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site.
You understand and agree that MegaMates.com may review and delete any content, messages, MegaMates.com
Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of MegaMates.com
violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service,
or transmit to other Members.
By posting Content to any public area of MegaMates.com, you automatically grant, and you represent and warrant
that you have the right to grant, to MegaMates.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute such information and content and to prepare derivative works
of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. MegaMates.com reserves
the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the Service and terminating the membership of such
violators. It includes Content that: Â· is patently offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information
from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service.
You may not transmit any chain letters or junk email to other Members. Although MegaMates.com cannot monitor the conduct of its Members
off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, MegaMates.com reserves the right to restrict the number of emails which a Member may send
to other Members in any 24-hour period to a number which MegaMates.com deems appropriate in its sole discretion.
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. MegaMates.com's Copyright Agent for notice
of claims of copyright infringement can be reached as follows: Copyright Agent, Progressive Web, LLC,
PO Box 23818, San Diego, CA 92193-3818.
Subscription. If you sign up for multiple subscriptions to MegaMates.com, you
will be limited to only one instance of MegaMates.com Messenger, regardless of the number of
subscribing accounts you may have with us.
Member Disputes. You are solely responsible for your interactions with other
MegaMates.com Members. MegaMates.com, Inc. reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Disclaimers. MegaMates.com is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service, whether caused by users of the
Website, Members or by any of the equipment or programming associated with or utilized in the
Service. MegaMates.com is not responsible for the conduct, whether online or offline, of any user
of the Website or Member of the Service. MegaMates.com 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.
MegaMates.com 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 any
Website or combination thereof, 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 Web and/or in connection with the Service. Under no circumstances will MegaMates.com 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. The Website and the Service
are provided "AS-IS" and MegaMates.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. MegaMates.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
COMPANY IS REQUIRED TO NOTIFY YOU THAT COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON
ANY USER, MEMBER, OR PROSPECTIVE MEMBER.
Limitation on Liability. Except in jurisdictions where such provisions are restricted,
in no event will MegaMates.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 MegaMates.com has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein, MegaMates.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 MegaMates.com for the Service during the term of membership.
U.S. Export Controls. 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.
Disputes. If there is any dispute about or involving the Website and/or the Service,
by using the Website, you agree that the dispute will be governed by the laws of the State of California
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 California, City of San Diego.
Indemnity. You agree to indemnify and hold MegaMates.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 above.
Other. This Agreement, accepted upon use of the Website and further affirmed by becoming
a Member of the Service, contains the entire agreement between you and MegaMates.com regarding the use
of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
Please email email@example.com with
any questions regarding this agreement. MegaMates.com is a trademark of Progressive Web, LLC.