TERMS OF SERVICE FOR match2blue U.S., INC.FOR AD HOC NETWORKING SYSTEM SERVICES AND SOFTWARE
ATTENTION USER OR POTENTIAL USER: BY USING match2blue AD HOC NETWORKING SERVICES AND/OR SOFTWARE (THE “SERVICES”) YOU ENTER INTO A BINDING CONTRACT AND AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF SERVICE. UPON YOUR USING THE SERVICES OR SOFTWARE, THESE TERMS OF SERVICE IMPOSE OBLIGATIONS ON YOU AND LIMITS ON YOUR USE OF SUCH SERVICES OR SOFTWARE. PLEASE READ THEM CAREFULLY.


1. Parties

match2blue U.S., Inc. is a Delaware corporation, with a business location in California, with present contact information as follows: 795 Folsom Street, Ste 1117, San Francisco, CA 94107, changeable from time-to-time but identified and available on its website http://www.match2blue.com. "You" are a party to this contract together with any persons who participate in or succeed to your smart phone or other mobile device containing downloaded match2blue software. Each change of password and upgrade of software or new installation of software requires reading and acknowledging this contract i.e., these Terms of Service (also referred to as “Terms” or “Terms and Conditions”).


2. Use of the Services and Software by You.

(a) In order to access services or use software from match2blue, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any such information you give to match2blue will always be accurate, correct, and up to date. You agree further that match2blue may conduct programs of outreach to you via your mobile device to introduce promotions and other messages by and for its sponsoring companies.

(b) You agree to use the services only for purposes that are permitted by: (i) these Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions of your possession and/or use of and access to the software (including any laws regarding the export of data or software to and from the United States or other relevant countries or regarding privacy, defamation, intellectual property, spam, counterfeiting of any kind or harassment or nuisance or disruption of computer hardware or software or communications media, facilities or services of any person).

(c) In using match2blue Services, you may specifically not:

(i) violate the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

(ii) You will not violate the privacy rights of others by posting their personal information on match2blue Services, such as, name, address, email address, telephone number or map location, without their express, prior consent.

(iii) engage in conduct that is unlawful, threatening, abusive, harassing; defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or tortious;

(iv) submit or transfer material that contains explicit or graphic descriptions, or accounts of, sexual acts;

(v) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(vi) impersonate any person, business or entity, including match2blue and its employees and agents;

(vii) transmit or cause to transmit material that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

(viii) encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;

(ix) initiate any conduct that would damage, disable, overburden, or impair match2blue servers or networks, or interfere with any other party's use and enjoyment of match2blue Services;

(x) attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means; or

(xi) violate these terms (and any supplemental terms, policies or guidelines). You may not induce or allow others to use match2blue Services to violate the terms of this section. match2blue may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

(d) You may use match2blue’s communication tools to transmit unsolicited bulk communications (including e-mails and instant messages) to members of match2blue’s community groups, if the content of such communication is directly related to such community group. You may not harvest information about match2blue users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications with tools, other than the ones provided by match2blue . match2blue may use, in its own discretion, any legal and technical remedies to prevent unwanted unsolicited bulk communications from entering, utilizing, or remaining within match2blue’s computer or communications networks.

(e) Most services of match2blue do not involve direct payment by you to match2blue but some services, elected by you, may involve such direct payment. You must meet all such payment obligations promptly. You must provide at your own expense the equipment and wireless connections that you will need to use match2blue Services. You acknowledge that when you use match2blue match2blue Services, your wireless carrier may charge you standard fees for data, messaging and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS match2blue SERVICES THROUGH YOUR MOBILE DEVICE.

(f) You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by match2blue and not to access or use any of the services or software through any automated means nor to engage in any activity that interferes with, alters or disrupts the services or the software.

(g) You further agree not to reproduce, duplicate, copy, sell, trade or resell the services or software for any purpose.

(h) You are not an agent, partner, or affiliate of match2blue and you are solely responsible for any breach of your obligations under these Terms of Service and for the consequences, including liability to third persons and match2blue, for any such breach.

(i) You agree to use the services and software only for private use and not for any business use, unless match2blue expressly consents.


3. Account Security and Privacy.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services or software. Accordingly, you agree that you will be solely responsible to match2blue for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify match2blue immediately at http://www.match2blue.com. For information about match2blue's privacy protection practices, please read its privacy policy at this site. The privacy policy is incorporated in these Terms of Service by reference as if fully set out in these Terms of Service.


4. Content Shared With other Users.

(a) All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services or software are the sole responsibility of the persons in an ad hoc network originating or retransmitting the same and not of match2blue . match2blue does not have the duty to pre-screen or monitor content, but match2blue has the right to refuse to post or to edit submitted content. match2blue reserves the right to remove content for any reason, but match2blue is not responsible for any failure or delay in removing such material.

(b) Content presented to you by others or even by match2blue, including but not limited to advertisements, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to match2blue. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such content (in whole or in part) unless you have been specifically permitted to do so by a person having authority to give such permission. You may be exposed to content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.

(c) You are solely responsible for the content you upload or otherwise provide (including any personal information you choose to submit or share using match2blue Services, such as disclosing your home address and the home address of others) and the consequences of sharing or publishing such content with others and/or the general public. YOU ACKNOWLEDGE AND AGREE THAT match2blue IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY OTHER USER OF match2blue SERVICES AND THAT THE ENTIRE RISK OF SUCH INTERACTION FALLS ON YOU. Once you have posted information about yourself or your family members, such as, the location where you live or work, it may be difficult to control the misuse of such information by others, which could compromise your own privacy. Therefore, consider if there is any information contained in your postings on match2blue Services that you would rather be kept private. You must notify your wireless carrier immediately if your mobile phone is lost or stolen. match2blue cannot be responsible for what happens if your account information (such as stored screen names and passwords) becomes known to someone else.


5. Proprietary Rights.

(a) match2blue and its affiliates and licensors own all legal right, title, and interest in and to intellectual property rights, which subsist, in the services and software. You may not decompile, disassemble, otherwise access, reverse engineer any source code of the software, or use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of match2blue or any of its affiliates or licensors.

(b) In turn, match2blue agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any content created by you, excepting an irrevocable royalty-free, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the services or the software for the sole purpose of enabling match2blue to display, distribute and promote the services for quality control purposes regarding the services and software, for technical and legal standards compliance, understanding that access by match2blue is inherently limited by the nature of local messaging protocols (e.g., WiFi) that enable services and this reservation of rights will have limited usage if any. You confirm and warrant to match2blue that you have all the rights, power, and authority necessary to grant the above license.


6. Software Updates.

match2blue may provide updates from time-to-time to improve, enhance, and further develop its services and software and these may take the form of bug fixes, patches, enhanced functions, new software modules and completely new versions. You agree to receive any such updates that do not involve direct payment to match2blue (though there will be usual communications service charges payable to your communications service providers) and permit match2blue to deliver these to you as part of your use of the services and software. You may decline any such updates involving direct payments by you to match2blue. However, match2blue does not undertake in providing new versions or other upgrades to maintain a legacy path back to pre-upgrades or prior versions.


7. Termination of Your Use of match2blue Services and Software.

match2blue may at any time, terminate your right to use and access to match2blue services and software if:

(a) you have failed to make a required payment or breached any other provision of the Terms of Service (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); or

(b) match2blue is required to do so by law (for example, where the provision of the services or software to you, or usage of the same, is, or becomes, unlawful).

Nevertheless, your obligations under these Terms of Service (other than obligation to accept upgrades) shall continue to apply indefinitely.


8. Exclusion of Warranties.

(a) match2blue PROVIDES USE OF THE SERVICES AND SOFTWARE “AS IS” AND AT YOUR SOLE RISK AND REJECTS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND LIABILITY FOR LOSSES ARISING OUT OF POSSESSION, USE OR TRANSMISSION BY ITS SERVICES OR SOFTWARE AND WITHOUT LIMITING THE GENERALITY OF THIS DISCLAIMER, match2blue FOR ITSELF AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS, WHICH ARE LAWFUL IN THE APPLICABLE JURISDICTION, WILL APPLY TO YOU AND LIABILITY OF match2blue WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(b) WITHOUT LIMITING THE GENERALITY OF THE ABOVE EXCLUSIONS match2blue AND AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,

(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU, AS PART OF THE SERVICES WILL BE CORRECTED, AND

(v) match2blue DOES NOT GUARANTEE THAT match2blue SERVICES CAN BE ACCESSED THROUGH ALL WIRELESS DEVICES OR WIRELESS SERVICE PLANS. WE DO NOT GUARANTEE THAT match2blue SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC LOCATIONS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR OPERATING SYSTEM OR APPLICATION SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM match2blue OR ITS AFFILIATES OR LICENSORS OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY OR OTHER LIABILITY.


9. Limitation of Liability.

SUBJECT TO THE OVERALL PROVISION IN PARAGRAPH 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT match2blue, ITS AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(b) ANY LOSS OR DAMAGE, WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:

(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(ii) ANY CHANGES WHICH match2blue MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(iv) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, OR TO PROVIDE match2blue WITH ACCURATE ACCOUNT INFORMATION;

THE EXCLUSIONS AND LIMITATIONS ON LIABILITY TO YOU IN PARAGRAPH 8 ABOVE AND THIS PARAGRAPH 9 SHALL APPLY WHETHER OR NOT match2blue HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.


10. Advertisements and Other Content.

(a) Some of the services and software may display advertisements and promotions and/or links to websites or content or resources. match2blue may have no control over any web sites or resources, which are provided, by companies or persons other than match2blue. The manner, mode, and extent of advertising by match2blue on the services or software are subject to change without specific notice to you.

(b) You acknowledge and agree that match2blue is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.

(c) You acknowledge and agree that match2blue and its affiliates and licensors are not liable to you for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources, the limitations and exclusions of paragraphs 8 and 9 and this paragraph 10, being fully applicable.


11. Changes to the Terms of Service.

match2blue may make changes to the Terms of Service from time to time. When these changes are made, match2blue will make a new copy of the Terms of Service available at http://www.match2blue.com. You understand and agree that if you use the services or software after the date on which the Terms of Service have changed, match2blue may treat your use as acceptance of the changed Terms of Service. match2blue will attempt to set effective dates for changes after first posting notice of the changes on its website but may in its discretion make the changes effective immediately or with short lead times. match2blue will try to reach You and other users by email or phone with notifications of changes to the Terms of Service or to announce patches or upgrades but is not obligated to do so. It is your responsibility to periodically check the website. match2blue will also make acceptance of the then effective version changed Terms of Service (or about to become effective Terms of Service if a notice has been posted) when you seek to obtain a patch for or new version of the software.


12. General Provisions.

(a) These Terms of Service constitute the whole legal agreement between you and match2blue and govern your use of the services and downloaded software (but excluding any services or software which match2blue may provide to you under a separate written agreement), and completely replace any prior agreements between you and match2blue in relation to the services and software.

(b) You agree that match2blue may at its option provide you with notices, including those regarding changes to these Terms of Service, by voice message, text message, email, regular mail, or web site postings.

(c) You agree that if match2blue does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which match2blue has the benefit of under any applicable law), this will not be taken to be a formal waiver of rights of match2blue and that those rights or remedies will still be available to match2blue.

(d) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

(e) You acknowledge and agree that each member of the group of companies of which match2blue is the parent shall be third party beneficiaries to the Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms of Service, which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms of Service.

(f) The Terms, and your relationship with match2blue under the Terms of Service, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties waive trial by jury in any court proceeding to the full extent allowed by law.