AGREEMENT FOR USE OF HAPPYMATCHES.COM

(Last revised on 28 December 2020)

By accessing the HappyMatches.com portal, including through any mobile applications (and any social media/social networking sites of third parties used by HappyMatches.com and/or the Company) (collectively, the “Portal”), you agree to be bound by these Terms of Use (this “Agreement” and the Company's Privacy Policy, regardless whether or not you register as a member of HappyMatches.com.

HappyMatches.com is operated by Z9 Tech Private Limited, which is sometimes referred to herein as “HappyMatches.com” or the “Company”. If you wish to visit the Portal or to become a member and make use of the services of HappyMatches.com (the “Services”), please read this Agreement carefully.

The Terms of Use are as set forth in English. You should not rely on any non-English translation. You shall refer to the English Terms in the event of any discrepancies or inconsistencies.

In particular, you confirm that you have complied/will comply with the following:

1. Age: You must be at least 18 years of age to use the Services. You will not use the Services if you are currently under 18 years of age.

2. Illegal Activities: You will not promote any illegal commercial activities (such as prostitution, escorting, payment-for-sex, gambling, scams, etc.).

3. Be Respectful: You will treat every Member of the HappyMatches Portal politely and with utmost respect.

4. Be Authentic: You will display your real photos, personal information and be honest about the type of relationship you want, and what you are looking for in your Suitor/Date.

5. Enjoy the Interaction and Make the Most of It: Get to know the Suitors/Dates who interest you, and enjoy your interactions with them on the HappyMatches Portal. Make it a point to meet up with those whom you like and feel comfortable with.

6. Take All Necessary Precautions for Your Personal Safety: For your own safety, you should not share your mobile phone number, personal contact details and home/work address with any Suitor/Date, unless you have met up with him/her in person and feel sufficiently comfortable with him/her. The REAL-TIME CHAT function of the HappyMatches Portal offers you a safe and reliable platform to communicate with Suitors/Dates, arrange your first meet up and engage in subsequent interactions.

We hold our community to very high standards and will not hesitate to remove any members (and report you to the police/relevant government authorities) if you violate any of the above requirements or the terms of this Agreement.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE PORTAL OR THE SERVICES.

Please review this Agreement carefully, including the Arbitration provision below, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under this Agreement. In order to proceed with this Agreement and to access the Services of the Portal, you must agree to these terms and click the “I Agree” Box to acknowledge you agree that this Agreement is subject to an Arbitration agreement. I Agree.

1. Binding Agreement

• This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Portal and to become a “Member.” For purposes of this Agreement, the term “Member” or “Membership” means a person who provides information to the Company on the Portal to participate in the Services in any manner, whether such person uses the Services as a free member or a paid subscriber. This Agreement may be modified by HappyMatches.com in its sole discretion at any time, and any such modifications will be posted onto the Portal. Your continued use of the Portal or the Services after the posting of modifications to this Agreement will constitute your acceptance of such revisions.

• This Agreement includes HappyMatches.com’s Acceptable Use Policy below for Content (as herein defined) posted on the Portal, HappyMatches.com’s Privacy Policy, any notices regarding the Portal, and terms disclosed and agreed to by you if you become a Member or if you purchase or accept additional features, products, or services we offer on the Portal, such as state-specific terms and terms governing features, billing, free trials, discounts, and promotions.

2. Eligibility

• You must be at least eighteen (18) years old to access and register as a Member, use the Portal and/or the Services. You note that you may violate (and/or cause others to violate) the applicable laws of a country or state if you access and register as a Member, use the Portal and/or the Services before you turn eighteen (18) years old, and therefore you SHALL NOT access and register as a Member, use the Portal and/or the Services unless and until you are eighteen (18) years old and above.

• Membership in the Services is void where prohibited or illegal in any country or state. You shall not access and register as a Member, use the Portal and/or the Services if the Services are prohibited or illegal in your country or state. In particular, you shall not access and register as a Member, use the Portal and/or the Services, anywhere in the world, if you are a citizen or permanent resident of the Republic of Singapore.

• By using the Portal, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

• If you become a Member of the Portal, you represent and warrant that you have never been convicted of a felony or any criminal act (whether in your country, state or in any other country or state), and that you are not required to register as a sex offender or with any reciprocal designation with any government entity.

• You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws.

• By using the Services, you represent that you have not been designated by the United States government (or the government of any other country or state) as a “Specially Designated National” (or its equivalent) or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited.

• You are responsible for determining whether the use of the Services is legal or illegal in your jurisdiction.

3. Term and Termination

This Agreement will remain in full force and effect while you use the Portal and/or are a Member. You may terminate your Membership at any time, for any reason by following the instructions on the Deactivate Account section in Account Settings, by writing an email to HappyMatches.com at hello@happymatches.com, upon receipt by HappyMatches.com of your written or email notice of termination, or simply upon deletion of your Membership at any time at the sole discretion of HappyMatches.com (with or without providing a reason).

HappyMatches.com may terminate your Membership for any reason, which shall be effective upon either (1) the deletion of your Membership at any time at the sole discretion of HappyMatches.com (with or without providing a reason), or (2) sending notice to you at the email address you have provided in your application for Membership, or such other email address as you may later provide to HappyMatches.com.

If HappyMatches.com terminates your Membership in the Services because it believes you have breached the Agreement, you will not be entitled to any refund of unused subscription fees or unused credits.

If your Membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

4. Non-Commercial Use by Members

The Portal and the Services is for personal use only. Members may not use the Services in connection with any commercial endeavors such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Organizations, companies, agencies, and/or businesses may not become Members and should not use the Services or the Portal for any purpose. Illegal and/or unauthorized uses of the Portal, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Portal may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Users of the Portal may not use any information obtained from the Services to contact, advertise, solicit, or sell to any other user without his or her prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Portal, including referring activities the Company deems suspicious to governmental authorities.

5. Account Security

Your account is for your personal use only. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You acknowledge that HappyMatches.com is not responsible for third-party access to your account that results from theft or misappropriation of your username or password.

6. Risk Assumption and Precautions

• HappyMatches.com IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PORTAL OR MEMBER OF THE SERVICES. YOU ASSUME ALL RISKS WHEN USING THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER MEMBERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER MEMBER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE SERVICES.You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members. Even if you have met them in person and feel sufficiently comfortable with them, any provision of your financial information to them is entirely of your own decision for which the Company is neither liable nor responsible for.

• HappyMatches.com DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, HappyMatches.com reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

• Whilst HappyMatches.com does verify some Members based on the relevant information/documents which the Member provides to HappyMatches.com (and Members who pass such a background verification will have a “Verified” mark/badge displayed on their profile), you understand and agree that HappyMatches.com makes no guarantees, express or implied, regarding the accuracy or reliability of such background verification and/or “Verified” mark/badge, and in no event will HappyMatches.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the background verification and/or “Verified” mark/badge.

• You understand that HappyMatches.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals.

7. Proprietary Rights

Z9 Tech Inc. owns and retain all proprietary rights in the Portal and the Services, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Portal contains the copyrighted material, trademarks, and other proprietary information of Z9 Tech Inc.. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

8. Acceptable Portal Use

• (You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) on the Portal or as part of the Services or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not Post on the Portal or as part of the Services, or transmit to HappyMatches.com or any other Member (either on or off the Portal), any material (i) in violation of any applicable laws or regulations, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

• HappyMatches.com reserves the right, but has no obligation, to monitor any Content you post on the Portal or as part of the Services. HappyMatches.com will have the right to remove any Content that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

• By Posting Content on the Portal or as part of the Services, you automatically grant an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.

• You are prohibited from violating or attempting to violate the security of the Portal, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Services or the Portal including, without limitation, by way of submitting a virus to the Portal, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Portal or Services (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Portal, the Services or its Contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Services or the Portal or any software used on or for the Services or the Portal, or cause others to do so.

• The Portal may be used only for lawful purposes by individuals seeking friendship and love. As one of the conditions of your use of the Portal and the Services, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Portal and the Services for any purpose or in any manner that is prohibited by these terms, conditions and notices, or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Portal and the Services complies with this Agreement and to seek prior written consent from HappyMatches.com for any uses not permitted or not expressly specified herein. HappyMatches.com specifically prohibits any use of the Portal or the Services, and you hereby agree not to use the Portal or the Services, for any of the following:

  • Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;

  • Posting any Content that is not entirely your own or for which you do not have full rights to use;

  • Impersonating, or otherwise misrepresenting an affiliation, connection or association with, any person or entity;

  • If you have a password, allowing any other person to access a non-public area of the Portal, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose; using meta tags or code or other devices containing any reference to the HappyMatches.com, the Portal or the Services (or any trademark, trade name, service mark, logo or slogan of HappyMatches.com) to direct any person to any other website or URL for any purpose;

  • Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;

  • Posting or sending material that exploits people under the age of 18, or solicits personal information from anyone under 18, furthermore, failing to report knowledge of a person under the age of 18 to HappyMatches.com, or continuing to use the site to interact in any way with anyone you know is under the age of 18 will result in termination of your Membership.

  • Engaging in advertising to, or solicitation of, other Members to send money, buy or sell any products or services. You may not transmit any chain letters or junk email to other Members. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam,” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to HappyMatches.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HappyMatches.com USD 500 for each such unsolicited communication you sent through the Services;

  • Soliciting gambling or engaging in any gambling or similar activity;

  • Using the Portal as an escort or prostitute or using the Services to solicit clients for an escort or prostitution service;

  • Initiating contact with members off site by any other means, without first obtaining explicit permission from them to do so via the Portal;

  • Posting advertisements or solicitations of employment, business, or pyramid schemes;

  • Using the Portal or Services to promote, solicit, or engage in prostitution;

  • Using the Portal or Services for activities that violate any law, statute, ordinance, or regulations;

  • Using the Portal or Services to encourage, promote, facilitate, or instruct others to engage in illegal activity;

  • Engage in any activity that violates criminal laws of the jurisdiction in which the Member resides, visits or contacts Members;

  • Engage in any activity that facilitates or constitutes human trafficking;

  • Stalking or otherwise harassing any other Members or Company employees or representatives;

  • "Frame" or "mirror" any part of the Services or the Portal, without the Company's prior written authorization;

  • Any competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor; and

  • Recruiting for (including pornography, modelling, prostitution, escort or brothels), or for any other prohibited or illegal activities.

• Commercial and Competitive Violations; Liquidated Damages; No Right to Arbitration for Commercial and Competitive Violations. Commercial and competitive users in violation of the Portal acknowledge that they are not actual users of the Portal and do not have available to them any of the rights or protections afforded to genuine users under this Agreement or the law. Each and every commercial or competitive use of the site in violation of this Agreement is subject to a USD 500,000 award for damages as liquidated damages for such breach. You acknowledge that any commercial or competitive use of this Portal will cause harm in an amount that would be extremely difficult to ascertain and that USD 500,000 for each and every commercial or competitor violation is a reasonable estimate of such harm. Commercial and competitive violations are not subject to the arbitration provisions herein and in no event are able to invoke arbitration rights as to any claims by any party concerning commercial and competitive violations of this Agreement, including expressly waiving herein any right to determine the arbitrability of such claims.

9. No Harassment of HappyMatches.com Personnel

You will not harass, annoy, intimidate, or threaten any HappyMatches.com personnel engaged in providing any portion of the Services to you. If we feel that your behavior towards any of our personnel is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

10. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent at hello@happymatches.com, with the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that you claim is being infringed; identification the material that is claimed to be infringing and where it is located on the Portal; information reasonably sufficient to permit HappyMatches.com to contact you, such as your address, telephone number, and email address; 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, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Only copyright notices will be accepted at the above email address. All other inquiries or requests will be discarded.

11. Subscription and Membership

• You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and you must promptly notify HappyMatches.com if your payment method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Portal. If you fail to provide us any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. 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.

• You agree that all payments made on the Portal are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will open a support ticket through the Portal to resolve the issue. Should a dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank, which may be as much as USD 100. You agree that you will pay any outstanding balance you have with HappyMatches.com within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or USD 150 (whichever is higher) will be added to the amount that you owe.

• In order to provide continuous service, HappyMatches.com provides the option for automatic renewal. IF THE AUTOMATIC RENEWAL OPTION OR CHECKBOX IS SELECTED DURING THE PAYMENT PROCESS, HappyMatches.com WILL AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals if you selected the automatic renewal option. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” on the Portal and follow the directions contained therein.

• HappyMatches.com MAINTAINS A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE PORTAL ARE FINAL. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION PACKAGE ON THE PORTAL, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED OR REMAINING SUBSCRIPTION. FURTHER, YOU AGREE THAT NO REFUNDS WILL BE MADE ON ANY REMAINING OR UNUSED SUBSCRIPTION OR CREDITS.

• When you deactivate your HappyMatches.com account or when your account is suspended for violating this Agreement or other policies, you agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused membership subscription and credits. Further, if your deactivated HappyMatches.com account is reinstated at a later date, you agree that any remaining or unused membership subscription and credits you have remaining at the time of your account deactivation will not be reinstated with your account.

• Subscription or credits purchased for a specific HappyMatches.com account is strictly non-transferable. You agree that any remaining or unused membership subscription or credits associated with an active or deactivated HappyMatches.com account will not be transferred to any other account belonging to you or someone else.

• HappyMatches.com reserves the right to offer free or discounted membership to any person(s) of its choice at any given time, for any duration, while charging other members, at the same time. HappyMatches.com also reserves the right to cancel the free trial period at any time, for all or any of its Members. A Member profile (both subscribers and a free membership) may remain posted on the Portal even if that Member is not actively using the Services. You acknowledge that although a member’s profile may be viewed, you may not (even as a subscriber) be able to use the Services to communicate with that member if he or she is not then actively using the Services.

12. Services and Modification to the Portal

HappyMatches.com does not guarantee that the Portal will be fully operational all the time. Members may face significant service disturbances. Only in the event that the Portal is offline for a period of more than 72 hours, will a pro-rated refund be given. HappyMatches.com DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Services related to the Portal. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Portal or the Services (or any part thereof) with or without notice to any Member, group of Members or all Members. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Portal or the Services, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Portal or Services.

13. User Information

• When you register for our Services on the Portal, you will be asked to provide us with certain information, including but not limited to a valid email address (your “User Information”). HappyMatches.com's right to use your User Information is described in our Privacy Policy. Please see our Privacy Policy for further details regarding use of your User Information. HappyMatches.com reserves the right to offer third-party services and products to you based on the preferences that you identify in your User Information and at any time thereafter; such offers may be made by us or by third parties.

• You acknowledge and agree that HappyMatches.com may disclose in whole or in part your User Information if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend HappyMatches.com’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

• Notwithstanding any other provision of this Agreement or the Privacy Policy, HappyMatches.com reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, HappyMatches.com suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that HappyMatches.com, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that HappyMatches.com is permitted to make such disclosure.

14. Links

The Portal may contain, and the Services may provide, links to sites that are not maintained by HappyMatches.com. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Portal does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Portal or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that HappyMatches.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

15. Disclaimers

• HappyMatches.com is not responsible for any incorrect or inaccurate Content posted on the Portal or in connection with the Services, whether caused by users of the Portal, Members or by any of the equipment or programming associated with or utilized in the Services.

• HappyMatches.com is not responsible for the conduct, whether online or offline, of any user of the Portal or Member of the Services.

• HappyMatches.com is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.

• HappyMatches.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services.

• Under no circumstances will HappyMatches.com be responsible for any liability, loss, damage, costs or expenses, including money, property, personal injury or death, resulting from anyone’s use of the Portal or the Services, any Content posted on the Portal or transmitted to Members, or any interaction or contact between users of the Portal, whether online or offline.

• THIS SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HappyMatches.com PROVIDES THE PORTAL AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE PORTAL (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. HappyMatches.com DOES NOT WARRANT THAT THE PORTAL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR PORTAL IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES OR PORTAL.

• From time to time, HappyMatches.com may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Portal and/or through the Services. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. HappyMatches.com DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PORTAL OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PORTAL OR SERVICES. UNDER NO CIRCUMSTANCES WILL HappyMatches.com OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PORTAL OR SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS.

• HappyMatches.com cannot guarantee and does not promise any specific results from use of the Portal and/or the Services.

• This Portal is only a venue – it acts as a venue for individuals to post personal and contact information for the purposes of dating and relationships. HappyMatches.com is not required to screen or censor information posted on the Portal, including but not limited to the identity of any user. We are not involved in any actual communication between Members. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, or the truth or accuracy of such information. You agree you are solely responsible for your interactions with other Members. HappyMatches.com reserves the right, but has no obligation, to monitor disputes between you and other Members. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occur outside of the scope of the Portal. The Portal is a tool for providing the initial contact between Members, anything beyond that is not in our control and is done so at the Members’ own risk. Members have to use common sense about what information they reveal to others via email or any other means of communication. It is your responsibility to investigate Members and agree that you will verify they are legitimate date seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution you to be skeptical of any Member until you learn more about them and verify their background.

• In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Portal or through the Services provided for under this Agreement is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Portal. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper personnel.

• You specifically acknowledge and agree that HappyMatches.com is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Portal without liability.

16. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HappyMatches.com BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF HappyMatches.com KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HappyMatches.com’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE PORTAL, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID HappyMatches.com FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD 10 OR ITS EQUIVALENT.

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HappyMatches.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

• To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under all applicable laws (including the California Civil Code § 1542 as well as any other statute, regulation, Civil Law, Common Law or equitable principles) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17. Arbitration

• Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard. YOU AND HappyMatches.com AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

• You and HappyMatches.com agree that any disputes arising out of or related to the Portal, the Services, this Agreement and/or any policies or practices of HappyMatches.com (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION. The only exceptions to this agreement to arbitrate Disputes are matters that may be taken to small-claims court or claims of infringement or misappropriation of HappyMatches.com’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which HappyMatches.com may elect to have resolved by means other than arbitration. Notwithstanding the above, HappyMatches.com is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us at hello@happymatches.combefore resorting to arbitration.

• YOU AND HappyMatches.com ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor HappyMatches.com agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).

• If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with HappyMatches.com, in accordance with commercial arbitration rules, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.

• Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HappyMatches.com (except for small-claims court actions) may be commenced only in the federal or state courts located in San Francisco, California. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.

• Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.

• This Agreement, and any Dispute between you and HappyMatches.com, shall be governed by the laws of the State of San Francisco, California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

• If you access the Portal or use the Services from outside the United States, you waive all rights under the laws and regulations of the territory from which you access or use the Portal or Services. Regardless of whether you access the Portal or use the Services from outside the United States, all Disputes shall be resolved in the United States as described above.

• You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by emailing hello@HappyMatches.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the choice or law, forum and venue provisions herein.

• This section providing for arbitration of claims does not apply to commercial and competitor violations as described above.

18. Indemnity

You agree to defend, indemnify, and hold harmless HappyMatches.com, its officers, directors, employees, and agents and affiliates from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Portal, the Services or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Portal or as a result of the Services, and the violation of any law or regulation by you. You, and your estate in the case of your death, further agree that this indemnification provision covers all third-party claims, actions or demands, including those filed by your spouse, children, or family. HappyMatches.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HappyMatches.com in connection therewith.

19. General Provisions

• Violation of this Agreement may cause HappyMatches.com irreparable harm, and you therefore agree that HappyMatches.com will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that HappyMatches.com may have for a breach of this Agreement.

• This Agreement, accepted upon use of the Portal and further affirmed by becoming a Member of the Services, the Privacy Policy located on the Portal, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and HappyMatches.com regarding the use of the Portal and/or the Services, superseding any prior agreements between you and HappyMatches.com related to your use the Portal or Services (including, but not limited to, any prior versions of this Agreement).

• Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Services.

• If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

• The failure of HappyMatches.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

• You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.

• No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind HappyMatches.com in any manner.

20. Special State Terms

The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this Agreement, email a signed and dated notice (using the same email you registered your Membership account with HappyMatches) which states that you, the buyer, are cancelling this Agreement, or words of similar effect to hello@happymatches.com. Please include your HappyMatches.com username in any correspondence or your refund may be delayed. If you cancel, HappyMatches.com will return, within Sixty (60) days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three-day period, we will refund the full amount of your subscription. Any charges or deductions incurred in the refund will be borne by you.

In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services of HappyMatches.com) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice at the same address as listed above.

21. Notice

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message, postings or real-time chat on the Portal. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

22. Revision Date and Amendment

This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Portal and your use of the Services after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated herein. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Services after your termination will constitute acceptance by you of the Agreement.

This Agreement was last revised on April 1, 2018.