Terms & Conditions

1. Acceptance of Terms

• MatchMantra provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by MatchMantra from time to time. By your usage of the Service, you agree to these Terms as they currently exist and as they may be amended in the future. In the event that there are major changes to the Terms, MatchMantra will post a notice on the MatchMantra site. You can review the Terms at any time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with MatchMantra in any way, your only recourse is to immediately discontinue use of MatchMantra.

2. Content

• You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that MatchMantra does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the MatchMantra site and Content available through the Service may contain links to other websites, which are completely independent of MatchMantra. MatchMantra makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. If you link to other websites, you do so at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MatchMantra be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that MatchMantra does not pre-screen or approve Content, but that MatchMantra shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for any reason or no reason, at any time.

3. Notification of Claims of Infringement

• If you believe that your intellectual property rights have been violated by any Content posted on the MatchMantra website, please notify MatchMantra's intellectual property infringement agent ("Agent"), at abuse@MatchMantra.com Please provide our Agent with the following Notice:

• 1. Identify the intellectual property that you claim has been infringed;

• 2. Identify the material on the MatchMantra site that you claim is infringing, with enough detail so that we may locate it on the website;

• 3. A statement by you that you have a good faith belief that the disputed use is unauthorized;

• 4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the intellectual property in question or that you are authorized to act on behalf of the owner; and

• 5. Your address, telephone number, and email address.

• The Agent will forward this information to the alleged infringer.

4. Privacy and Information Disclosure

• Match Mantra has established a Privacy Policy Your use of the Match Mantra website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Match Mantra may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with the legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Match Mantra, its users or the general public.

5. Conduct

• You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;

• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• that impersonates any person or entity, including, but not limited to, a MatchMantra employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

• that includes personal or identifying information about another person without that person's explicit consent.

• that is false, deceptive, misleading, deceitful, misleading, mis-informative, consists of "bait and switch", or otherwise constitutes an unfair business practice;

• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a legal right to make available.

• that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited commercial advertisement.

• that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the MatchMantra sites which are not designated for such purposes; or (2) emailed to MatchMantra users who have requested not to be contacted about other services, products or commercial interests.

• that includes links to commercial services or web sites, except as expressly allowed by MatchMantra in writing.

• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

• that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation services or items the sale of which is prohibited or regulated by California law or the laws of other applicable jurisdictions, including without limitation any of the following:
  • Obscene material or child pornography.
  • Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.
  • Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
  • Alcohol or tobacco products.
  • Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
  • Blood, bodily fluids or body parts.
  • Animals and animal parts, including the retail sales of cats and dogs.
  • Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
  • Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
  • Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
  • Stolen property or personal property with the serial number removed or altered.
  • Burglary tools, such as lock-picks or motor vehicle master keys.
  • False identification cards, items with police insignia, citizenship documents, or birth certificates.
  • Counterfeit currency, coins and stamps, as well as equipment designed to make them.
  • False identification cards, items with police insignia, citizenship.
  • Copyrighted material (e.g. software, music recordings) that is sold without the consent of the copyright owner, in violation of the terms of any applicable license or other agreement, or the terms of law.
  • Airline tickets that restrict transfer.
  • Gambling items, such as lottery tickets, sports trading card 'grab bags,' raffle tickets, sweepstakes entries or slot machines.
  • or rebuilt batteries, or batteries containing mercury.
  • Used bedding and clothing, unless sanitized in accordance with law.
  • Non-packaged food items or adulterated food.
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines and non-commercial public archives that comply with our policies;
• purposefully post Content in a irrevelant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
• attempt to gain unauthorized access to MatchMantra's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MatchMantra website.

• Notwithstanding the foregoing, MatchMantra makes no representations, guarantees, or warranties that it will police any of the above activities or that it will be able to stop or respond to any of such activities, other than to make a good faith effort to do so consistent with MatchMantra’s resources

6. No Spam Policy

• You understand and agree that sending unsolicited email advertisements to MatchMantra email addresses or through MatchMantra computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of MatchMantra computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

7. Limitations on Service

• You acknowledge that MatchMantra may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MatchMantra has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MatchMantra reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without cause, and with or without notice, and that MatchMantra shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Termination of Service

• You agree that MatchMantra, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MatchMantra believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MatchMantra shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. You agree that you will continue to abide by Sections 2, 4, 6 and 9-13 of these Terms even in the event that your use of the Service is terminated for a period of two (2) years after such termination.

9. Dealings with Organizations and Individuals

• Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that MatchMantra shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MatchMantra is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MatchMantra, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

10. Proprietary Rights

• The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. MatchMantra is a service mark of MatchMantra, Inc. Although MatchMantra does not claim ownership of content that its users’ post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MatchMantra an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize multiple tiers of sublicenses of the foregoing.

11. Disclaimer of Warranties

• YOU AGREE THAT USE OF THE MatchMantra SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MatchMantra SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MatchMantra DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MatchMantra SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MatchMantra DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MatchMantra SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MatchMantra SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MatchMantra DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MatchMantra SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. Limitations of Liability

• UNDER NO CIRCUMSTANCES SHALL MatchMantra BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MatchMantra HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MatchMantra SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MatchMantra SITE OR THE SERVICE, FROM INABILITY TO USE THE MatchMantra SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MatchMantra SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MatchMantra SITE OR THE SERVICE OR ANY LINKS ON THE MatchMantra SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MatchMantra SITE OR THE SERVICE OR ANY LINKS ON THE MatchMantra SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

13. Indemnity

• You agree to indemnify and hold MatchMantra, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. General Information

• The Terms and the Privacy Policy constitute the entire agreement between you and MatchMantra and govern your use of the Service, superceding any prior agreements between you and MatchMantra. The Terms and the relationship between you and MatchMantra shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MatchMantra agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of MatchMantra to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Violations of Terms and Liquidated Damages

• Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse@MatchMantra.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
  
  You understand and agree to pay MatchMantra liquidated damages as follows:

• a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay MatchMantra one thousand dollars ($1,000) for each such message.
• b. If MatchMantra establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay MatchMantra one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access MatchMantra in excess of such limits, whichever is higher.
• c. If you send unsolicited email advertisements to MatchMantra email addresses or through MatchMantra computer systems, you agree to pay MatchMantra twenty five dollars ($25) for each such email.
• d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay MatchMantra one hundred dollars ($100) for each such message. In its sole discretion, MatchMantra may elect to issue a warning before assessing damages.
  
  If you commit a breach of these Terms that does not fall into any of the above listed categories, you agree to pay MatchMantra's actual damages and costs.