MistMatch Terms and Conditions

Welcome to MistMatch

The services offered by MistMatch ("MistMatch App," "mistmatch.in," or "this App") include the MistMatch mobile application, the website at mistmatch.in, and any other features, content, or applications offered from time to time by MistMatch in connection with the MistMatch App or mistmatch.in (collectively, the "MistMatch Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MistMatch Services. By using the MistMatch Services, including accessing mistmatch.in or the MistMatch App, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MistMatch App or mistmatch.in) or you are a "Member" (which means that you have registered with MistMatch). The term "User" refers to a Visitor or a Member. You are only authorized to use the MistMatch Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MistMatch App and mistmatch.in and discontinue use of the MistMatch Services immediately. If you wish to become a Member, communicate with other Members, and make use of the MistMatch Services, you indicate this acceptance during the Registration/signup process.

This Agreement includes MistMatch's policy for acceptable use of the MistMatch Services and Content posted on the MistMatch App or mistmatch.in, your rights, obligations, and restrictions regarding your use of the MistMatch Services, and MistMatch's Privacy Policy. In order to participate in certain MistMatch Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MistMatch Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. Although some services on MistMatch are free and may continue to remain free, MistMatch reserves the right to charge for the same in the future.

MistMatch may modify this Agreement from time to time, and such modification shall be effective upon posting by MistMatch on mistmatch.in or the MistMatch App. You agree to be bound to all and any changes to this Agreement when you use MistMatch Services after any such modified post. It is important that you review this Agreement regularly to ensure you are updated as to any changes.

MistMatch reserves the right, at its sole discretion, to restrict access to the App or mistmatch.in to any visitor, including, without limitation, any user that MistMatch determines has violated any aspect of these Terms of Use. MistMatch reserves the right, at its sole discretion, to obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by MistMatch.

INTRODUCTION

We MistMatch, accessible at mistmatch.in, for all users. As used in this Agreement, the terms “MistMatch,” “us,” “we,” the “Company”, and “our” shall refer to MistMatch, as appropriate and the terms “our services” shall refer to the services offered by MistMatch, including those accessible via mistmatch.in and the MistMatch App.

By accessing or using our Services, including mistmatch.in or any other platforms or services MistMatch may offer, you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your use of our Services is also subject to the Privacy Policy and Cookie Policy, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from MistMatch (“Additional Terms”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.

We reserve the right to make changes to Terms anytime. Notice of changes will be posted on this page with an updated effective date. We may or may not notify you of change to the Terms via email or other means, however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.

ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before you create an account on MistMatch, make sure you are eligible to use our Services.

By using our services, you represent that:

You are at least 18 years old;

You are legally qualified to enter a binding contract with MistMatch;

You do not have more than one account on our Services

You have not previously been removed from our Services by us, unless you have our express written permission to create a new account

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;

If at any time you cease to meet these requirements, you must immediately delete your account.

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 applicable laws, including without limitation, privacy, anti-spam, and regulatory requirements;

Be respectful when communicating with any of our representatives servicing you;

Review the Safety Tips;

Use the latest version of the App;

Treat other users in a courteous and respectful manner, both on and off our Services;

Review and comply with the Code of Conduct, as updated from time to time; and

Maintain a strong password and take reasonable measures to protect the security of your login information.

You agree that you will not:

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

Use our Services for any harmful, illegal, or nefarious purpose;

Harass, stalk, intimidate, be violent, defame, harm or otherwise mistreat any person;

Post or share Prohibited Content (as below);

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;

Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

Solicit money or other items of value from another user;

Use another user’s account;

Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or

Violate the terms of the license granted to you by MistMatch (as per Section 6).

Disclose private or proprietary information that you do not have the right to disclose;

Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without MistMatch’s prior written consent;

Express or imply that any statements you make are endorsed by MistMatch;

Upload viruses or other malicious code or otherwise compromise the security of our Services;

Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

“Frame” or “mirror” any part of our Services without MistMatch’s prior written authorization;

Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

Use meta tags or code or other devices containing any reference to MistMatch or the platform (or any trademark, trade name, service mark, logo or slogan of MistMatch) to direct any person to any other website for any purpose;

Use, access, or publish the MistMatch application programming interface without our written consent;

Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

Probe, scan or test the vulnerability of our Services or any system or network; or

Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content—MistMatch prohibits uploading or sharing content that:

Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;

Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;

Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

Is defamatory, libelous, or untrue;

Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites or premium line telephone numbers);

Involves the transmission of “junk” mail or “spam”;

Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from MistMatch or otherwise;

Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

Was not written by you or was automatically generated, unless expressly authorized by MistMatch;

Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;

Is inconsistent with the intended use of the Services; or

May harm the reputation of MistMatch or its affiliates.

The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

CONTENT

While using our Services, you will have access to:

(i) content that you upload or provide while using our Services (“Your Content”);

(ii) content that other users upload or provide while using our Services (“Member Content”); and

(iii) content that MistMatch provides on and through our Services (“Our Content”).

In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

3a. YOUR CONTENT

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 Google Auth or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, 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 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 online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

3b. MEMBER CONTENT

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed wherever necessary.

You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

3c. OUR CONTENT

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 limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

We are committed to maintaining a positive and respectful platform, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile. You may also contact MistMatch Customer Service via this link.

PRIVACY

For information about how MistMatch and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

RIGHTS YOU ARE GRANTED BY MISTMATCH

For as long as you comply with these Terms, MistMatch grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by MistMatch and permitted by these Terms and applicable laws

RIGHTS YOU GRANT MISTMATCH

By creating an account, you grant to MistMatch a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Google Auth or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. MistMatch’s license to Your Content shall be non-exclusive, except that MistMatch’s license shall be exclusive with respect to derivative works created through use of our Services. For example, MistMatch would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that MistMatch can prevent the use of Your Content outside of our Services, you authorize MistMatch to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. MistMatch is not obligated to take any action with regard to use of Your Content by other users or third parties. MistMatch’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for MistMatch allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to MistMatch regarding our Services, you agree that MistMatch may use and share such feedback for any purpose without compensating you.

You agree that MistMatch may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to:

(i) comply with legal process;

(ii) enforce these Terms;

(iii) respond to claims that any content violates the rights of third parties;

(iv) respond to your requests for customer service; or

(v) protect the rights, property or personal safety of the Company or any other person.

PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

MistMatch may offer products and services for purchase through Google Play or other external services authorized by MistMatch (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). MistMatch may also offer products and services for purchase via credit card or other payment processors on the App (“Internal Purchases”). If you purchase a subscription or chat packs, it may automatically renew until you cancel, as further described below, or may not be automatically renewing. If you cancel your subscription, 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 utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.

8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Google account (“your External Service Account”), and your External Service 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 External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service 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.

For example, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your MistMatch subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, MistMatch may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a MistMatch subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. MistMatch will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize MistMatch to charge the payment method you provide (your “Payment Method”). MistMatch may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, MistMatch may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a MistMatch subscription. In the event that your chargeback or other payment reversal is overturned, please contact our Customer Care.

If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.

To cancel a subscription, you can log in to the App and go to the Settings page, and then click on “My Orders”, and follow the instructions to downgrade. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8d below for more information.

8c. VIRTUAL/DIGITAL ITEMS

From time to time, you may have the opportunity purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features such as chat packs or ads for free chats ((“Virtual Item(s)” or “Digital Item(s)) from MistMatch. You may only purchase Virtual Items from us or our authorized partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when MistMatch ceases providing our Services, or your account is otherwise closed or terminated.

MistMatch, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. MistMatch may manage, regulate, control, edit, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. MistMatch shall have no liability to you or any third party in the event that MistMatch exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT MISTMATCH IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

8d. REFUNDS

The purchase and sale of the subscriptions or chat packs is a completed transaction upon receipt of your payment. You can cancel the subscription within 3 working days upon payment to any of the services offered and receive a full refund into your bank account/credit card, provided you have not used the subscription in any manner after the payment. Use of the subscription or service means sending to or receiving from other members and any communication, viewing profiles of other members, or making changes to your profile or information on your account. If the subscription is used after payment, you will lose your refund/cancellation right. When you meet the criteria for refunds, refunds will be issued immediately from our end, however, some banks take 5-15 days to process the refund and reflect the same in your bank/card statement.

Your ability to use any subscription is effective immediately once they are placed in your account. If you choose to not use the subscription to its fullest extent, and let subscription expire, you may do so. Any subscription shown in your account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your subscription. We may redeem any unused subscription for you promptly after their expiration date if we choose. If you delete your account, we are entitled to redeem all your unused subscription on the date of deletion.

MistMatch may terminate your access to the app or mistmatch.in and/or your subscription for any reason which shall be effective upon sending notice of termination to you at the email address you provide at the time of registration or such other email address as you may later provide to MistMatch. If MistMatch terminates your account because of your breaching the Agreement, you will not be entitled to any refund of any subscription.

ACCOUNT TERMINATION

You can deactivate your account at any time by logging into the App, going to “Settings”, and following the instructions to deactivate your account. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., Google Play) to avoid additional billing.

MistMatch reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that MistMatch regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by MistMatch for any reason, these Terms continue and remain enforceable between you and MistMatch, and you will not be entitled to any refund for purchases made. Your information will be maintained and/or deleted in accordance with our Privacy Policy.

NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

YOU UNDERSTAND THAT MISTMATCH DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. MISTMATCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. MISTMATCH RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE MISTMATCH TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY MISTMATCH, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though MistMatch strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You can follow our Safety Tips here You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

COMMUNICATION BY EMAIL, SMS OR OTHERS

By creating your account, or by verifying your mobile number, you provide us with your email address and mobile number. You consent to be contacted by emails, SMS messages, RCS, for any activity on your profile. We will not initiate any promotional SMS or phone calls.

DISCLAIMER

MISTMATCH PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MISTMATCH DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, MISTMATCH MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

MISTMATCH TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES MISTMATCH TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH MISTMATCH. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. MISTMATCH IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

DIGITAL MILLENNIUM COPYRIGHT ACT

MistMatch has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail at which the complaining party may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to mistmatch.mobile@gmail.com.

ADS AND THIRD-PARTY CONTENT

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. MistMatch may also provide non-commercial links or references to third parties within its content. MistMatch is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, MistMatch is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. MistMatch is not responsible or liable for such third parties’ terms or actions.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MISTMATCH, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MISTMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MISTMATCH’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO MISTMATCH FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the App shall be BINDING ARBITRATION administered under laws of India. You agree to the exclusive jurisdiction to the courts of Hyderabad, India.

INDEMNITY BY YOU

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless MistMatch, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.

ACCEPTANCE OF TERMS

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by

(i) these Terms, which we may amend from time to time,

(ii) our Privacy Policy and Cookie Policy,

(iii) any Additional Terms Upon Purchases, if any.

If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.

ENTIRE AGREEMENT

These Terms, with the Privacy Policy, Cookie Policy, and any Additional Terms Upon Purchase, contain the entire agreement between you and MistMatch regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your MistMatch account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind MistMatch in any manner.