Website and Apps Terms and Conditions of Use
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. The materials contained in this web site are protected by applicable copyright and trademark laws.
By creating an account, accessing our Services, and your continued use of the Services following the posting of changes to these terms (including our Privacy Statement), you are agreeing to be bound by these Services Terms and Conditions of Use, all applicable laws and regulations and subject to our procedures for material changes to our Privacy Statement will mean you accept those changes.
Restrictions on Use of Materials
The Services are owned and operated by Whooshfly Technologies , Inc., its subsidiaries, or its affiliates (referred to as Game.Set.Match, “we,” “us,” or “our” herein).
Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website or App is permitted without the prior written consent of Game.Set.Match. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.
You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes.
You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others.
If you believe that your account has been compromised, you must immediately contact us by emailing firstname.lastname@example.org or calling 1.904.476.4283.
Game.Set.Match shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Game.Set.Match for losses incurred by Game.Set.Match or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Use of Services
Impersonation of others, including an Game.Set.Match employee or representative, as well as another user, is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization. You may not without the prior written permission of Game.Set.Match, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above, or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Game.Set.Match.
Activities Prohibited on the Services
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. Game.Set.Match reserves the right to investigate and take appropriate legal action against anyone who, in Game.Set.Match’s sole discretion, engages in any of the prohibited activities.
Prohibited activities include, but are not limited to, the following:
• Using the Services for any purpose in violation of local, state, or federal laws or regulations;
• Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
• Posting Content that is unlawful, obscene, defamatory, threatening, harassing, harmful, deceitful, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Game.Set.Match in its sole discretion or pursuant to local community standards;
• Use software, applications, bots, AI algorithms, plug-ins or any other means or processes for the purpose of scraping Services or copy profiles and other data from the Services;
• Hacking directly or paying for hackers to override any security feature or circumvent any access controls or use limits of the Service;
• Posting Content that constitutes cyber-bullying, as determined by Game.Set.Match in its sole discretion;
• Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
• Posting telephone numbers, street addresses, or last names of any person without consent;
• Posting URLs to external websites or any form of HTML or programming code;
• Posting anything that may be considered as “spam,” chain letters, or any form of solicitation as determined by Game.Set.Match in its sole discretion;
• Posting information that can be deemed as “inside information”, proprietary and confidential information covered under a non-disclosure agreement; or infringement to any patent, trademark, copyright, trade secret or other proprietary intellectual property of any party;
• Impersonating another person or entity when posting Content, or falsely misrepresenting your affiliation with a person of entity including that you are affiliated with or endorsed by Game.Set.Match without our knowledge;
• Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Harassing, threatening, stalking, or abusing any person; and/or collecting or downloading of personal data about other users in connection with the prohibited conduct and activities;
• Posting content that is harmful to minors;
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of Game.Set.Match, exposes Game.Set.Match or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
• Use any means or methods to make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services whether partially or in its entirety;
• Using “bots,” Artificial Intelligence, Algorithms, or other automated means and programs to access and use of the Services to monitor availability, performance or functionality for competitive reasons;
• Encouraging other people to engage in any prohibited activities as described herein.
Game.Set.Match reserves the right, but is not obligated, to do any or all of the following:
• Monitor, edit, or disclose any Content on the Services; and
– Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.
You acknowledge, consent and agree that Game.Set.Match may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Game.Set.Match, its users and the public.
Payment of Services
• If you purchase our Paid Services you agree to pay the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in withholding of such Services until payment is received.
• We do not store your payment method (e.g. Credit Card, Apple Pay, Venmo, Debit Card) on our system. If you purchase a Service, you will be asked to provide your payment information as point of purchase.
• All of your purchases of Services are subject to our refund policy (see Refund Policy for Details).
• We may calculate taxes (if applicable) at point of purchase payable by you and will be included at the time of purchase.
Content Posted or Submitted by You
Aside from your match scores, certain pages on the Services may allow you to post text, photographs, videos, audio, reviews, match notes, comments, or other content (“Content”). Unless otherwise specified on a particular Site or App, you may only post Content to the Services if you are a resident of the United States and are thirteen (13) years of age or older.
If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Services. You may only post Content that you created or which the owner of the Content has permitted you to post.
By posting or distributing Content to the Services, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Services and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation, (c) we have non-exclusive rights to it, and (d) have choses to make it available to others.
The user acknowledges the originality of any submission communicated to Game.Set.Match and accepts responsibility for its accuracy, appropriateness, and legality.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Game.Set.Match through the Services becomes the exclusive property of Game.Set.Match and Game.Set.Match is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission.
By submitting or posting Content to the Services, you grant Game.Set.Match the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium (online or offline) not just to members but also to the general public. Once you submit or post Content to the Services, Game.Set.Match does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Game.Set.Match owns all right, title, and interest in any compilation, collective work, or other derivative work created by Game.Set.Match using or incorporating Content posted to the Services.
Content Posted by Other Users
Game.Set.Match is not responsible for and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Game.Set.Match be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services.
If you become aware of misuse of the Services by any person, please contact Game.Set.Match by emailing administrator@Game.Set.Match.com or calling 1.904.476.4283.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from this Site or App by contacting Game.Set.Match as set forth below and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material: • Your name, address, telephone number, and email address. • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. • A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to: Whoosfhly Technologies, Inc. c/o General Counsel 1650 Margaret Street Suite 302 #307 Jacksonville, FL 32258
In an effort to protect the rights of copyright owners, Game.Set.Match maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Game.Set.Match or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services, is strictly prohibited. Game.Set.Match is a registered trademark of Game.Set.Match, Inc. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Game.Set.Match enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Whooshfly Technologies, Inc., Law Department, 1650 Margaret Street Suite 302-#307, Jacksonville, FL 32258.
The Services and the materials, Widgets, and products on the Services are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Game.Set.Match disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Game.Set.Match does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Game.Set.Match does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Game.Set.Match) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Game.Set.Match be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the Widgets or products, even if Game.Set.Match or authorized representatives of Game.Set.Match have been advised of the possibility of such damages.
Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event shall Game.Set.Match ‘s total liability to you for damages, losses, and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Game.Set.Match, its officers, directors, employees, agents, contractors, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
REVISIONS, ERRORS and OMMISSIONS
The materials appearing on Game.Set.Match web site and apps could include technical, typographical, or photographic errors. Game.Set.Match does not warrant that any of the materials on its web site are accurate, complete, or current. Game.Set.Match may make changes to the materials contained on its web site at any time without notice. Game.Set.Match does not, however, make any commitment to update the materials.
MODIFICATIONS TO SERVICE
These terms shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A., without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Duval County and you hereby consent and submit to the personal jurisdiction of such courts.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Game.Set.Match’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.