Melanin Matchmaker Terms & Conditions
By your use of the site and services, you confirm your acceptance of these terms and conditions.
As used in this Agreement, the terms “Melanin Matchmaker,” “us,” “we,” the “Company”, and “our” shall refer to Melanin Matchmaker as appropriate.
We may modify, amend, or change these Terms and Conditions at any time. The most updated version of these Terms and Conditions is the version that applies and should be checked often under the Settings tab of the App or on our website. In certain circumstances, we may notify you of a change to our Terms and Conditions via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. Continuing to use the App and/or Matchmaking Service after changes are applied, means you have agreed to the updated Terms and Conditions. If you don’t accept any changes to the Terms and Conditions, you should stop using the App and/or our Matchmaking Service immediately.
By using our services, creating an account on our App and/or becoming a member of our Matchmaking Service you warrant and represent that:
- You are at least 18 years old;
- You are legally qualified to enter a binding contract with Melanin Matchmaker;
- You are seeking a meaningful relationship.
- You are not prohibited by law from using our services;
- You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
- You are not required to register as a sex offender with any state, federal or local sex offender registry;
- You do not have more than one account on our Services; and
- You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
It is essential that you understand your rights and responsibilities in terms of the content on our services. While using our services, you will have access to:
3.1 Your Content – Content that you upload and provide
You are solely responsible and liable for your content and therefore you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
You may not display any personal contact or banking information on your profile whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information on our platform.
Your profile will be visible to other people around the world, so please make sure that you are totally comfortable sharing your content that you upload or provide to us. You acknowledge and agree that your content may be viewed by other users, and, notwithstanding these Terms and Conditions, other users may share your content with third parties. By uploading your content, you warrant and represent to us that you have all necessary rights and licenses to do so and automatically grant us a license to use your content in any way.
We have the right to remove, delete, edit, limit, block or prevent access to any of your content at any time in our sole discretion and we have no obligation to display or review your content.
3.2 User/Member Content – Content that users upload or provide while using our Services
While using our Melanin Matchmaker’s services, you will have access to other members content. Other users content belongs to the user, is not yours and is stored on our servers and displayed via our App or through our Matchmaking Service at the direction of the user providing the content.
You do not have any rights in relation to other user content, and you may only use user content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the user content or use it for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse user content.
3.3 Our Content – Content that Melanin Matchmaker provides on and through our Services
Any content that cannot be described as Your Content or User/Member Content belongs to Melanin Matchmaker.
This includes any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to our content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable licence to access and use our content and we reserve all other rights.
4. IN-APP PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase additional features, products or services as part of our service such as different Passes (Rewind Pass, Filter Pass, Boost Profile Pass, Incognito Pass and Worldwide Pass).
You can purchase these Passes via Melanin Matchmaker’s App on iTunes and Google Play stores (Third Party stores).
If you purchase a Boost Profile Pass, Rewind Pass or Worldwide Pass, it will automatically renew and you will be charged until you cancel. If you cancel, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be used without purchasing a Boost Profile Pass, Rewind Pass or Worldwide Pass, cancelling any of these passes does not remove your profile from our Services. If you wish to fully terminate your account, you must navigate to the Account tab on the App and delete your account.
Boost Profile Pass, Rewind Pass, Incognito Pass, Worldwide Pass and Filter Pass may be processed through a Third Party store, in which case those purchases must be managed through your Third Party store Account. Subscriptions automatically renew until you cancel.
Your Third Party store Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your Third Party store Account. Some Third Party stores may charge you sales tax, depending on where you live, which may change from time to time.
If you do not want your Boost Profile Pass, Rewind Pass or Worldwide Pass to renew automatically, or if you want to change or terminate your subscription, you must log in to your Third Party store Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device.
If you purchase a Filter Pass or Incognito Pass, this is for the lifetime of that particular user account. If you delete that account, you will not be entitled to a Filter Pass or Incognito Pass with any subsequent accounts you may create.
If you initiate a chargeback or otherwise reverse a payment made with your Third Party store Account, Melanin Matchmaker may terminate your account immediately in its sole discretion. Melanin Matchmaker will retain all funds charged to your Third Party store Account until you cancel your subscription through your Third Party store Account. Certain users may be entitled to request a refund.
Generally, charges for purchases are non-refundable. We may make an exception if laws applicable in your jurisdiction provide for refunds.
If you reside in the EU or European Economic Area, in accordance with the local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
If we remove your use of or registration to the App as a result of you violating these Terms, you will not be entitled to a refund of any unused portion of any fees, payments or other consideration.
To request a refund, please contact us at email@example.com
6. PUSH NOTIFICATIONS
To keep you updated, we may provide you with emails, alerts, push notifications, and other messages related to the App and/or Matchmaking Service such as matches, offers, products, events, improvements and general promotions.
After downloading the App, you will be asked to accept or deny push notifications/alerts. Denying will stop you from receiving any push notifications and alerts. If you accept, they will be sent to you automatically. However, if you change your mind and no longer wish to receive the notifications, you will be able to opt out by amending your notification settings on the App.
Specific instructions will be included in other messages (e.g. emails, text messages), to unsubscribe/opt out of them.
7. USER/MEMBER OBLIGATIONS
You agree to:
- Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- Treat other users in a courteous and respectful manner, both on and off our Services.
- Take reasonable measures to protect the security of your login information.
- Present yourself respectfully and authentically by adding at least one photo that shows your face.
You agree that you will not:
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
- Distribute obscene, pornographic, violent content or photos or otherwise may offend human dignity, or contains nudity;
- Distribute any defamatory, objectionable, abusive, offensive, insulting, discriminatory, sexist or otherwise illegal content or information;
- Use the Services in a way that damages the Services or prevents their use by other users;
- Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
- Act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
- Threaten, Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
- Encourage or facilitate any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
- Use another user’s account;
- Create or operate a pyramid scheme, fraud or other similar practice;
- Express or imply that any statements you make are endorsed by Melanin Matchmaker;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
Melanin Matchmaker operates a zero-tolerance policy in this regard. The uploading or sharing of content that violates these terms may result in the immediate suspension or termination of your account.
If you no longer wish to use our App or if we terminate your App account for any reason, you can delete your account by logging into the app and navigating to the settings tab. However, you will need to cancel/manage any accounts with your Third Party store (iTunes or Google Play) to avoid additional billing.
If you are a member of our Matchmaking Service, you can cancel your membership at any time by sending an email to firstname.lastname@example.org. Cancellation and/or termination of this Agreement by you or us at any time will not entitle you to a refund of monies paid.
Melanin Matchmaker may terminate your App account or Matchmaking membership should you breach the terms of this Agreement. If your membership is terminated due to breach of the terms of this agreement, all paid fees are non-refundable under any circumstance.
9. MATCHMAKING SERVICE
This information specifically applies to members of Melanin Matchmaker’s Matchmaking Service.
Melanin Matchmaker’s Matchmaking service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
We endeavour to provide you matches within 30 days of Your membership commencing. However, based on your criteria, we reserve the right to take up to 60 days of Your membership commencing to provide you with your first match.
If You are on a Premium Matchmaking Membership, we’ll endeavour to find you potential matches based on your criteria. However, if we can’t find you any potential matches during a paid month, based on our discretion we may refund you for that month. If we have found You reasonable matches based on your criteria which you have declined or you have already had benefit and/or made use of our service, a full refund may not be possible.
We do not proactively find eligible matches if You are on a Basic membership. However, if You are on a Basic membership, we may let you know when we think you and another member may be a good match.
The price of the Service shall be as shown on the Join page on the Web Site. Any increases in prices for the Service will be shown on the Join page on the Web Site.
You shall pay all sums due to us under this Agreement by the means of the payment specified on our Web Site and without any set-off, deduction, counterclaim and/or any other withholding of monies.
Payment shall not be deemed to be made until we have received cleared funds in respect of the full amount outstanding.
You agree that in the event you take any action (legal or otherwise) against the company, all of the company’s costs (legal and otherwise) in defending such action, will be fully borne by you without limit and in the event such action is proved unfounded or is of a malicious nature, the company reserves the right to claim any and all consequential losses from you arising from such action.
10. USE OF THE SERVICE
You should be aware that information provided to us by users/members are only a description of how they describe themselves and You should not assume that the information is necessarily correct and accurate.
Before acting on any information provided by us, you should at your own cost and expense, carry out such investigation as you think is necessary to satisfy yourself of the truth and accuracy of such information.
If you arrange any meetings with any person through your use of the Service then you do so at your own risk. You should take such precautions as you deem necessary to ensure your own safety.
Melanin Matchmaker makes no representations or warranties that the App or site will be uninterrupted, secure or error free or that your use of the App or site will meet your expectations. Your use of the App or site is at your own risk. You are solely responsible for your interactions with other users.
Melanin Matchmaker does not conduct criminal background checks on its users.
Melanin Matchmaker’s liability is limited to the maximum extent by applicable law.
In no event will Melanin Matchmaker be liable to you for any incidental, consequential, or indirect damages (including but not limited to property damages, physical damages, physical injuries, and emotional and mental distress or injuries). You hereby waive any claim or any right to seek damages which might arise from any and all actions, intentional or unintentional, whether of omission or commission, or the negligence of Melanin Matchmaker employees.
You agree that you shall assume all risks involved with your social interactions with other users on the Melanin Matchmaker App and individuals Melanin Matchmaker introduces to you.
You agree that Melanin Matchmaker will not be liable for any damages, directly, indirectly or consequentially arising out of your membership with Melanin Matchmaker, which result from the negligence of Melanin Matchmaker’s employees, agents, including, without limitation, damages arising out of communications, contact and meetings with other members, including without limitation, intentional, criminal, negligent or grossly negligent acts of other users introduced to you or referred to you by Melanin Matchmaker.
Melanin Matchmaker disclaims all liability, regardless of the form of action, for the acts or omissions of other Members of the Service.
The following text is in capital letters because it’s very important!
MELANIN MATCHMAKER PROVIDES THE APP, OUR CONTENT AND MEMBER CONTENT TO YOU “AS IS” AND “AS AVAILABLE” TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, IN ANY FORM, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPLICITLY STATED IN THIS SECTION.
ADDITIONALLY, MELANIN MATCHMAKER DOES NOT MAKE ANY WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, ANY DEFECTS OR FAULTS IN THE SERVICE WILL BE AMENDED, OR THAT OUR CONTENT, MEMBER CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE APP WILL BE ACCURATE, CORRECT OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE ACQUIRED THROUGH USING THE APP IS DONE SO AT YOUR OWN DISCRETION AND RISK.
MELANIN MATCHMAKER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE APP.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND THIRD PARTIES. MELANIN MATCHMAKER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR LOOK INTO THEIR GENERAL BACKGROUND. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
MELANIN MATCHMAKER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, WHICH YOU AGREE WE MAY DO.
All the actions you make as well as the content and information you post to Melanin Matchmaker remains your responsibility. Therefore, you agree to indemnify, defend, release and hold Us, our partners, and their and our respective officers, directors, agents, and employees harmless from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including legal fees, due to, arising as a result of, or in relation to:
- your access to or use of the App and/or Matchmaking Service;
- any negligent acts, omissions or wilful misconduct by you;
- your Content;
- any breach of this Agreement by you; and/or
- your violation of any law or any rights of any third party.
We retain the exclusive right to settle, negotiate and pay any and all claims which are brought against us without your consent beforehand. If we request, you will cooperate completely and reasonably as required by us in the defence of any relevant claim.
If you have downloaded our App, you represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and
- You are not listed on any U.S. Government list of prohibited or restricted parties.
16. ENTIRE AGREEMENT