Terms And Conditions, version 2.04 - Effective Date November 28th, 2021
BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://www.polymatchmaker.com (the "Site") whether by browser or
app,
or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms and
Conditions, as they may be amended by ChronoViking, LLC ("CV", "we", "us") from time to time in its sole
discretion.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT YOU ARE AT LEAST 18 YEARS OLD OR ARE A LEGAL ADULT AS DEFINED
IN
YOUR JURISDICTION AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
GOVERNING LAW. These Terms and Conditions shall be construed in accordance with and governed by the laws of the
United States and the State of California, without reference to rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the state or federal courts in Vancouver, Washington, USA
in all disputes arising out of or related to the use of the Site or Service.
PRIVACY POLICY. CV respects your privacy and permits you to control the treatment of your personal information.
A complete statement of CV's current privacy policy can be found by clicking here. CV's privacy policy is expressly
incorporated into this Agreement by reference.
When you open an account to use or access the Site or Service, you must complete the registration
process by providing the complete and accurate information requested on the registration form. You will
also be asked to provide a user name and password. You are entirely responsible for maintaining the
confidentiality of your password. You may not use the account, username, or password of someone else at
any time. You agree to notify CV immediately on any unauthorized use of your account, user name, or
password. CV shall not be liable for any loss that you incur as a result of someone else using your
password, either with or without your knowledge. You may be held liable for any losses incurred by CV,
its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone
else's use of your account or password.
MEMBER CONDUCT. CV has no control over the conduct of members. While we enforce these Terms on the Site, we are
not responsible for actions or absence of actions undertaken by members while participating on the Site, on the
Internet in general or actions taken by members while offline. CV makes no representations, guarantees or
warranties regarding your compatibility with any individuals on the Site.
CV does not endorse or sponsor any meeting or event arranged, held, or organized by members or
non-members of the Site. A meeting is defined for the purposes of these Terms and Conditions as more
than one person gathering in a specific location in the physical world or non-Site area on the Internet.
NO BACKGROUND CHECKS. CV does not perform background checks on any individuals joining the Site. CV makes no
representations, guarantees or warranties regarding individuals who become members of the Site, their
communications or their actions. Safety should always be foremost in your mind when arranging and going on dates
with any other person. We have listed common sense steps you can take here. This should only be
construed as common sense and not as personal advice.
FELON AND SEX OFFENDER. In signing up to become a member of the Site, you hereby represent, guarantee and
warrant you are not a convicted felon. You further represent, guarantee and warrant you have not been convicted
of any sexual crime nor are you required to register as a sex offender with any agency pursuant to a court
order. CV reserves the right, but not obligation, to conduct an investigation to determine if you are a felon or
sex offender at any time and without first being required to provide notice of said investigation.
MEMBERSHIP OPTIONS. CV offers you a number of membership plans. You can compare plans on this page. These plans are part of
these Terms and Conditions and incorporated by reference. CV reserves the right to modify these plans at any
time, but said modification shall only become effective upon providing you with 15 days written notice on the
Site. Your continued use of the Site shall act as an acknowledgement you have read and accepted the new plans.
PAID MEMBERSHIP. CV accepts payment for Premium Memberships solely through PayPal.com. You must have a
PayPal.com account to obtain such a membership. Once payment is set up, you shall remain a Premium Member until
such time as you cancel the payments via the PayPal.com site or we receive a failure of payment notification
from PayPal after which your Premium Membership will terminate at the end of the then relevant term paid for by
you. Should you choose to terminate your Premium Membership, you must also access your PayPal account to
terminate the automated payments made to us. We do not and cannot terminate the payments for you.
Terminating payments from PayPal will not terminate or remove your account on the Site.After
the term of the Premium Membership has been fulfilled, your account will revert back to a Basic
membership.
MEMBER PROFILES. You are required to fill out a profile when subscribing to the Site as a member. We require you
to provide significant substantive information in your profile so that all members meaningfully participate in
the Site. Profiles with little or no substantive information may result in a warning being sent to you or the
account being terminated, without notice, in the sole discretion of CV. Should the account be associated with a
paid membership, no refund will be provided.
ENTERTAINMENT PURPOSES. Information and content provided on the Site by CV or members is intended for
entertainment purposes only. It should not be taken as professional advice and you should not rely
upon it as such. If you are seeking specific advice regarding a situation, you should look to a licensed
professional in your area specializing in the relevant field. We make no representations, promises, guarantees
or warranties regarding information or content provided on the Site by us or members and disclaim all liability
claims thereunder.
CV DISCRETION. CV reserves the right to review, alter, refuse to show, or delete any and all user generated
content on the Site in its sole discretion without being required to provide notice of such action or the reason
for such action. User content includes, but is not limited to, biographies, descriptions, forum posts, and site
internal mail.
EMAIL COMMUNICATIONS. When you become a member of the Site, you expressly consent and agree to receive email
communications from us. These email communications may be commercial or non-commercial in nature. Non-commercial
emails may include, but are not limited to, notices of a member contacting you, administrative issues related to
your membership with the Site and announcements of changes to either these Terms, the Privacy Policy or other
legal site documentation.
INTRASITE COMMUNICATIONS. As a member of the Site, you are authorized to contact other members a certain number
of times depending upon the type of membership selected. The specific messaging capabilities are detailed in the
membership plan selected by the member and incorporated herein by reference. Spamming or sending commercial
solicitations to other members of the Site is strictly prohibited. We reserve the right, in our sole discretion,
to limit or eliminate the ability of a member to send or receive intrasite communications via the Site. We
further reserve the right to delete any intrasite communications sent via a membership that has been terminated
for any reason including, but not limited to, previously made communications.
RELIANCE ON MEMBER STATEMENTS. Members of the Site may communicate with each other in a number of ways. Such
communications may include, but not be limited to, offers, advice and opinions of the member undertaking the
communication. Said communications represent the views of the member making them and are in no way endorsed or
supported by CV in any manner. You agree CV is not responsible for any loss or damage you may incur from relying
on said communications by other members.
NON-COMMERCIAL USE BY MEMBERS. As a member of the Site, you expressly agree to use the Site for non-commercial
purposes unless first obtaining permission from us. The collection of member data or attempts to contact other
members with commercial offers is strictly forbidden and constitutes grounds for termination of your membership.
If you wish to advertise on the Site or pursue a commercial communication with members, you must first contact
us for permission. "Commercial use" includes, but is not limited to, seeking members for participation in media
events such as television shows, documentaries, web exposes, magazine articles, or newspaper articles.
Academic Use - As a member of the Site, you expressly agree not to contact members for non-commercial
academic purposes. You also agree not to solicit members for participation in studies or to gather
specific or aggregate information from the Site or members participating in the community within the
Site. You may, however, contact CV directly via the contact mechanism on the Site with non-commercial
queries. CV will then evaluate, in its sole discretion, the query and provide a response.
DISPUTES BETWEEN MEMBERS. We may, but are not obligated to, monitor communications between members. Every member
is solely responsible for the content they post on the Site. You acknowledge and expressly agree that any
dispute between you and another member is strictly between the two of you. You hereby waive any right to pursue
CV as a defendant in any legal proceedings and agree to indemnify CV as detailed in these Terms and Conditions.
TERM AND TERMINATION. These Terms and Conditions shall remain in full force and effect for so long as you remain
a registered member with the Site. CV reserves the right to terminate you for violating these Terms and without
cause at any time. We may, in our discretion, provide you with a reason for termination, but shall not
be required to do so. Should you desire to terminate your membership, you should take the following
steps:
Log in to your membership account. In the footer, click on "Resources" and them click on "PMM FAQ".
Under "How do I delete my account" is a link to start the deletion process.
Once you confirm the deletion of your profile, your membership will be terminated. You may not reopen
the account using either the same username or email address in the future. We will retain your account
information and user content indefinitely unless required to remove it as a matter of law.
Your username and any content or communications you made prior to terminating your membership will
remain on the site.
You must access your PayPal account to terminate the payments for your membership. CV cannot
terminate the payments and will not refund any payments made.
Terminating your membership will not result in a refund of any partial payment made. CV charges,
depending on the payment schedule agreed upon, either monthly or every set number of months for paid
memberships regardless of the percentage of the month you remain a member.
USER CONTENT. When you post User Content to the Site, certain legal issues must be addressed or CV cannot
publish the User Content for other members to view pursuant to intellectual property right laws. Ownership and
licensing under this Agreement shall be as follows:
You own any User Content you post to the Site.
By posting User Content to the Site, you do NOT transfer ownership to CV.
You grant CV a non-exclusive license to use the materials you post to the Site or Service.
This license shall grant CV the right to copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, and reformat User Content only on the Site and in any marketing
materials used to promote the Site.
You do not grant CV a license to use User Content on any other website or publishing medium with
the exception of marketing materials that might be published by CV.
CV shall include CV as defined herein, its affiliates, officers, directors, employees, consultants,
agents, legal counsel and representatives.
You will not be compensated for any User Content.
By posting User Content on the Site or Service, you warrant and represent that you own the rights to the
User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise
distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the
law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all
times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree
not to upload, download, display, perform, transmit, or otherwise distribute any information or content
(collectively, "Content") in violation of any third-party's copyrights, trademarks, or other intellectual
property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual
property, and you shall be solely responsible for any violations of any relevant laws and for any infringements
of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using
your username on the Site. The burden of proving that any Content does not violate any laws or third-party
rights rests solely with you.
INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload,
download, display, perform, transmit, or otherwise distribute any Content that:
is libelous, defamatory, obscene, pornographic, abusive, or threatening;
advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or foreign law or regulation;
advertises or otherwise solicits funds or is a solicitation for goods or services without first
contacting us as detailed in these Terms and Conditions.
links to other accounts outside of the Site including, but not limited to, social media pages and
personal websites with exception this information may be communicated in a direct communication to one
other member in a private message, or
is considered personal information including, but not limited to, email addresses, user names on
other sites and/or social media outlets, phone numbers, physical addresses, instant messenger
and quick chat names, real or complete names and real or complete names of other members.
CV reserves the right to terminate your receipt, transmission, or other distribution of any such material
using the Service, and, if applicable, to delete any such material from its servers. CV intends to cooperate
fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and
Conditions or of any applicable laws.
COPYRIGHT INFRINGEMENT. CV has in place certain legally mandated procedures regarding allegations of copyright
infringement occurring on the Site or with the Service. If you have evidence, know, or have a good faith belief
that your rights or the rights of a third-party have been violated and you want CV to delete, edit, or disable
the material in question, you must provide CV with particular information related to the claim. Please visit our
DMCA Policy page to file a
complaint. CV's
DMCA Policy is expressly incorporated into this Agreement by reference.
ALLEGED VIOLATIONS. CV reserves the right to terminate your use of the Service and/or the Site. To ensure that
CV provides a high quality experience for you and for other users of the Site and the Service, you agree that CV
or its representatives may access your account, records and user generated content on a case-by-case basis to
investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses
of the Site or the Service. CV may disclose any investigation to third parties in its discretion or under legal
compulsion. CV reserves the right to terminate your account or your access to the Site immediately, with or
without notice to you, and without liability to you, if CV believes that you have violated any of the Terms and
Conditions, furnished CV with false or misleading information, or interfered with use of the Site or the Service
by others.
NO WARRANTIES. CV HEREBY DISCLAIMS ALL WARRANTIES. CV IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF
ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE
SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CV EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CV DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. CV'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
CV BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, BODILY INJURY, LOSS OF
EARNINGS, MEDICAL BILLINGS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INTERACTIONS WITH
INDIVIDUALS YOU MEET THROUGH THE SITE). This limitation shall apply regardless of whether the damages arise out
of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED SITES. CV has no control over, and assume no liability for any third-party websites or materials. CV
works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because CV
has no control over the content and performance of these partner and affiliate sites, CV makes no guarantees
about the accuracy, currency, content, or quality of the information provided by such sites, and CV assumes no
responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on
those sites. Similarly, from time to time in connection with your use of the Site, you may have access to
content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that
CV makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of
this third-party content, and, unless expressly provided otherwise, these Terms and Conditions shall govern your
use of any and all third-party content.
PROHIBITED USES. CV imposes certain restrictions on your permissible use of the Site and the Service. You are
prohibited from violating or attempting to violate any security features of the Site or the Service, including,
without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that
you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the
Site, or any associated system or network, or to breach security or authentication measures without proper
authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including,
without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming,"
"mail bombing," or "crashing;" (d) forging any TCP/IP packet header or any part of the header information in any
e-mail or in any posting using the Service; or (e) attempting to modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by
CV in providing the Site or Service. Any violation of system or network security may subject you to civil and/or
criminal liability.
PROHIBITED CONTENT. As a member of the Site, you may post content to your profile and certain sections of the
Site as well as contact other members depending upon the type of membership you select. Content including, but
not limited to, the following may not be posted, either directly or implied, to the Site or communicated to
other members and will form the basis for the termination of your account. Whether a particular piece of content
is considered prohibited content will be determined by CV in its sole discretion.
Email addresses,
Last names,
Telephone numbers,
Street addresses,
Web addresses, links, and/or URLs of any kind to where one must be a member to see content,
Links to social media sites,
User names to any offsite website
User names to any offsite quick chat / instant messenger service
Personal events,
Business events,
Personal websites,
Business websites,
Trade information,
Business information,
Weapons information,
Solicitations of passwords and/or usernames,
Solicitations for personal information,
Chain letters,
Photographs of nudity,
Photographs of children,
Photographs of individuals without their consent,
Promotion of any criminal activity
Members may, however, send personal information [email addresses, etc.] to one another via PMM internal
mail. Note; PMM (CV), per section 5 of this document, does not
conduct background checks on any of its members, therefore use common sense when contacting other members. You
understand and agree that CV LLC, its affiliates, officers, directors, employees, consultants, agents, and
representatives are not responsible for any members online or offline behavior.
PROHIBITED ACTIONS. Certain actions that shall be considered an automatic breach of this Agreement and shall
result in the termination of a member account. CV shall be the sole party making the determination of whether a
certain action constitutes a prohibited action. Prohibited actions shall include, but not be limited to, the
following actions:
harassing members,
harassing moderators,
bullying others,
threatening others,
stalking members,
spamming members,
spimming,
promoting criminal activities,
promoting tortuous activities,
promoting obscene material,
promoting violent conduct,
drug dealing,
uploading viruses,
uploading malware,
uploading any invasive software,
uploading child pornography,
Promoting crimes against children,
Soliciting members for gambling,
Advertising services without our consent,
Advertising products without our consent,
Promoting fraud,
Promoting contests without our consent,
Promoting pyramid schemes,
Promoting false information, and
Providing misleading information.
We reserve the right to investigate any such prohibited actions and report them to law enforcement in our
sole discretion.
BLOCKING VISITORS. CV reserves the right to, in its sole discretion, block any party from visiting the Site via
their IP address.
MODERATOR ACTIVITY. Certain elements of the Site have moderators assigned to them. Moderators are often also
members of the Site. Site in no way endorses any comments or actions taken by moderators when participating on
the Site in their capacity as members, not moderators. You agree such content is user generated content as
contemplated in, but not limited to, the Communications Decency Act. You further agree moderators act as
independent contractors on the Site when moderating.
LINKING POLICY. Members may find links on the Site published by other members. We do not review the sites the
links lead to nor do we endorse said sites and any products or services promoted on those sites in any manner.
You agree CV will not be held directly or indirectly liable for any damage you suffer when visiting said sites
and we shall not be considered a partner, agent or other legal affiliation of any such site.
INDEMNITY. You agree to indemnify CV for certain of your acts and omissions. You agree to indemnify, defend, and
hold harmless CV, its affiliates, officers, directors, employees, consultants, agents, and representatives from
any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and
costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your
infringement, or infringement by any other user of your account, of any intellectual property or other right of
any person or entity. CV will notify you promptly of any such claim, loss, liability, or demand, and will
provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage,
or cost.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in
these Terms and Conditions to be unenforceable, all other Terms and Conditions will remain unaffected and in
full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a
waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver
shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the
trademarks, service marks, or logos owned by CV or by any third-party. "PolyMatchMaker" is a registered
trademark of ChronoViking, LLC.
MODIFICATIONS. CV may, in its sole discretion (a) amend these Terms and Conditions; (b) amend the Site and/or
the Service; and (c) discontinue the Site and/or Service at any time. CV shall post any amendment to these Terms
and Conditions on the Site with a notification given to you, a member, upon logging-in to your membership
account. You will have 15 days to agree to these terms by affirmatively marking a box indicating your
agreement. You may choose to reject the amendments by refusing to undertake the review and agreement process. In
doing so, your account will be closed and you should terminate any subscription payments made to CV via PayPal.
Please note we do not terminate the payments from PayPal.