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Terms and Conditions
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This Agreement is between BIGFOOT MATCH Solutions, Inc. ("Bigfoot Match") and you ("you", "your" or the "User"), as an authorized user of the services provided by Bigfoot Match, and governs the terms and conditions of your use of any services offered by Bigfoot Match and access to the Site (as defined herein). Bigfoot Match, through its website www.itzamatch.com (the "Site"), provides the means for adults to meet online or though other events sponsored by Bigfoot Match. By accessing the Site and using any of the services offered or provided by Bigfoot Match, you confirm your acceptance of, and agree to be bound by, (i) all of the conditions of use set forth in this Agreement, (ii) any of the rules, policies and terms and conditions of use published on the Site that apply to each of the individual services provided or offered by Bigfoot Match, and (iii) the Privacy Policy. This Agreement, together with the Privacy Policy, any operating rules, policies, pricing schedules, conditions of use or other documents on the Site or expressly incorporated herein by reference constitute the entire agreement between Bigfoot Match and the User, and supersede all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software that may any time be provided by Bigfoot Match relating to any of the services shall be pursuant to a separate agreement governing the use of such software. By registering you warrant that you are at least 18 years old and can enter into a legally binding contract. Bigfoot Match may request to see evidence of age and the service will be interrupted until documentary proof is provided to the company.
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1. Member Account, Password and Security
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You may be required to register in order to meet other members of the site. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You further agree that the Registration data you provide us will be maintained and updated to keep it true, accurate, current and complete. Bigfoot Match reserves the right to terminate you use of the Services and refuse to provide you with any and all current or future use of the Service if Bigfoot Match, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete. You may be asked to choose a password and a user name, and you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bigfoot Match immediately of any unauthorized use of your account or any other breach of security. Bigfoot Match will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bigfoot Match or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
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2. Promotional E-Mails and SMS
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Itzamatch will send promotional SMS and e-mail that is generally "opt-in"/"opt-out." By signing up for a free Itzamatch account you agree to opt-in to receive promotional SMS and e-mail from itzamatch. All commercial SMS and e-mail will contain an opt-out option, or unsubscribe function. You can send us a message telling us you would prefer not to receive the SMS or e-mail again and we will respect your wishes. In choosing to opt-out of promotional SMS and email, Itzamatch reserves the right to terminate your account.
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3. Billing
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This Agreement will remain in full force and effect while you use the Website and/or participate in any Bigfoot Match events.
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PLEASED BE ADVISED:
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(a) You can have limited access to the site in order for you to assess whether you wish to register. There is no requirement to pay any fees to register but fees will be payable if you want to make contact with another user. You expressly agree that all charges for payment of the Services are final and non-refundable. You are responsible for all charges resulting from your use of the Bigfoot Match Services. Once you sign up for any of the Bigfoot Match Services and provide a form of payment, Bigfoot Match will not provide you a refund for any charge made on your credit card, debit card or any payments. (b) If you believe that you have been improperly charged, you must notify Bigfoot Match within 5 days of any invoice or credit card statement, provide Bigfoot Match any information necessary to review the claim, and Bigfoot Match will attempt to resolve the claim in a timely manner.
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BIGFOOT MATCH DOES NOT CONDONE FRAUD:
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In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify BIGFOOT MATCH, and you will be responsible for such unauthorized use or charges until you notify BIGFOOT MATCH. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges. Upon expiration of the subscription for the Service BIGFOOT MATCH shall automatically renew your subscription and charge your credit or debit card. If you do not wish to renew, you must notify BIGFOOT MATCH at help@itzamatch.com or through our Contact Us interface in no less than 5 days prior to the expiration of your subscription otherwise you shall be responsible for all fees and charges incurred for such renewal. You may terminate your participation at any time, by sending a written notice of termination to help@itzamatch.com or through the Contact Us interface but without right to any refund of any service fees or charges. BIGFOOT MATCH, in its sole discretion, may terminate your access to the web site and your participation to any BIGFOOT MATCH events, for any reason, including without limitation breached from this Agreement.
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4. No Commercial Use
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The Website is for personal use and may not be reproduce, or otherwise utilize, for commercial purposes. Consequently, no User may resell or commercially exploit the names, addresses or other data obtained by the use or access of the Bigfoot Match Services.
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5. Intellectual Property
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Bigfoot Match owns and has copyright over all trademarks and material in the service. Nothing contained on this web site should be construed as granting by implication, or otherwise, any license or right to use any of the Intellectual Property without the written permission of Bigfoot Match. Further, each User acknowledges that the Site and Bigfoot Match Services may include or contain material of Bigfoot Match or third parties protected by copyright, trademark or other laws and that the use or reproduction thereof without express consent shall be prosecuted to the fullest extent of the law.
By providing information or content to the website or through the participation of any Bigfoot Match events, you automatically grant to Bigfoot Match, its affiliated companies and necessary sub licensees an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat 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. No compensation will be paid for any Submission, and by posting any Submission you represent that you own or otherwise control all rights therein.
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6. Deny Access
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Bigfoot reserves the right in its sole discretion to deny access to the Site or any or all of the Bigfoot Services to any User for any reason whatsoever.
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7. Indemnification
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Each User hereby indemnifies Bigfoot Match, its subsidiaries, affiliates, employees, agents, and representatives and each of its licensors and service providers against any and all liabilities, expenses (including attorney's fees) and damages relating to Bigfoot Match's use of information provided by such User. You further agree to indemnify Bigfoot Match and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon your use of the Bigfoot Match Services, including any violation of this Agreement or any other Bigfoot Match policy, rule or conditions of use posted on the Site or relating to any Bigfoot Match Service, by User or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any other third parties.
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8. Content Posted on the Site
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(a) Bigfoot Match undertakes no responsibility to review the contents of any information provided to Users including but not limited to information accessed through links to other sites and each User agrees that Bigfoot Match shall have no liability for such contents. Furthermore, any dealings with third parties (including advertisers) included within the Bigfoot Match Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Bigfoot Match shall not be responsible or liable for any part of any such dealings or promotions.
(b) You must use the service in a manner consistent with all applicable laws and regulations. Each user agrees:
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i) Not to communicate, publish or display to any other Member any form of defamatory, abusive, inaccurate, offensive, obscene, profane, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others or disseminate any material or information that incites discrimination, hate, or violence towards one person or a group because of race, religion, or nationality.
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ii) Not to include in his/her profile any offensive references, or offensive sexually suggestive or connotative language and not post any photos containing nudity or pornography or that may be offensive or provocative in any manner.
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iii) Not to use the Site, Services or any Bigfoot Match events for any purpose other than for friendship or dating.
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iv) Not to use the Site/services for illegal purposes.
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v) Not to use the Bigfoot Match Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
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vi) Not to harvest or otherwise collect information about others, including e-mail addresses or download or otherwise copy, or provide (whether for a fee or not) to a person or entity any directory of users of Bigfoot Match or other usage information or any portion thereof.
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vii) Not to use the Services for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. Bigfoot Match will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. If actual damages cannot be reasonably calculated, you agree to pay Bigfoot Match liquidated damages of Six Hundred Pesos, Philippine Currency (P600.00) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Bigfoot Match's actual damages, to the extent such actual damages can be reasonably calculated.
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viii) Not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
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ix) Not to interfere with another User's use and enjoyment of the Bigfoot Match Services.
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9. Participation in Bigfoot Match Events
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Bigfoot Match, with certain third parties including, without limitation, television, radio, print, and telecommunications operators may organize, photograph, make audio/video recordings, and use Short Message Service (SMS) to promote any Bigfoot Match services and/or events. By attending and participating in any Bigfoot Match events, each participant agrees to permit the taking of any such photographs and to be recorded in both audio and video.
You agree to allow itzamatch/Bigfoot Match, its licenses and assigns and other successors-in-interest, the irrevocable right, of every kind and character whatsoever, throughout the universe in perpetuity and without further consideration to use your name and likeness and the results and proceeds thereof for any purpose whatsoever in connection with the exploitation of the products and services offered by itzamatch /Bigfoot Match in any manner or media whatsoever known or hereafter devised; including without limitation unrestricted use for purposes of publicity, advertising, sales promotion.
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10. Member Disputes
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You are solely responsible for your interactions with other itzamatch.com members or other participants in Bigfoot Match events. Bigfoot Match reserves the right, but has no obligation, to monitor disputes between you and other members/participants.
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11. Modification of Agreement
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This Agreement (and any agreement, rule, or policy relating to the Bigfoot Match Service) may be modified by Bigfoot Match at any time by publication through the Site or by sending each User an email to the User's given email address. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE BIGFOOT MATCH WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. USER SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND OF THE BIGFOOT MATCH SERVICE AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU.
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12. Modification of Services
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Bigfoot Match may in its sole discretion modify or discontinue the Bigfoot Match Service, or any part thereof, with or without notice. Bigfoot Match shall not be liable to User or any third party should Bigfoot Match exercise its right to modify or discontinue any of the Services.
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13. Termination
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Either User or Bigfoot Match may terminate your account at any time, with or without cause (for any reason), with or without notice. Any notice by you to Bigfoot Match concerning termination or cancellation of your account shall be in accordance with any procedures that may be established by Bigfoot Match from time to time in its sole discretion. Bigfoot Match also reserves the right to terminate or suspend your account without prior notice, provided that Bigfoot Match will attempt to confirm such termination or suspension by subsequent notice.
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14. Miscellaneous
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(a) Bigfoot Match may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party. (b) YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM BIGFOOT MATCH, SOLELY BY ELECTRONIC COMMUNICATION (c) If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The failure of Bigfoot Match to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 10. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.
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15. Disclaimer of Warranties; Limitations on Liability
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EACH USER EXPRESSLY AGREES THAT USE OF THE SITE AND OTHER BIGFOOT MATCH SERVICES IS AT THE USER'S SOLE RISK. NEITHER BIGFOOT MATCH NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SITE OR THE BIGFOOT MATCH SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND NEITHER BIGFOOT MATCH NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHICH COULD LEAD TO THE INTERRUPTION AND OR DELIVERY OF ANY OF THE SITE OR THE BIGFOOT MATCH SERVICES; NOR DOES BIGFOOT MATCH OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE BIGFOOT MATCH SERVICES. THE SITE AND BIGFOOT MATCH SERVICES ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO ACCURACY OF INFORMATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE SERVICES. NEITHER BIGFOOT MATCH NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE BIGFOOT MATCH SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR THE BIGFOOT MATCH SERVICES OR INABILITY TO USE THE SITE OR THE BIGFOOT MATCH SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF BIGFOOT MATCH OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF BIGFOOT MATCH AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND THE BIGFOOT MATCH SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SITE OR THE BIGFOOT MATCH SERVICES DURING THE PRIOR ONE MONTH PERIOD. YOU HEREBY RELEASE BIGFOOT MATCH AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU SPECIFICALLY AGREE THAT BIGFOOT MATCH SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY BIGFOOT MATCH SERVICE. YOU SPECIFICALLY AGREE THAT BIGFOOT MATCH IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BIGFOOT MATCH IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE OR SERVICES BY ANY THIRD PARTY.
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16. Governing Law
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This Agreement shall be subject to and construed in accordance with the laws of the Republic of the Philippines and the parties hereto submit to the exclusive jurisdiction of the Courts of Cebu City.
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