You must be at least 18 years old to register on or use the SerbMatch.com website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited.

By using the SerbMatch.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member").

This Agreement sets out the legally binding terms of your use of the Website (except for those terms that are specifically designated as applying only to registered members). The terms of this Agreement may be modified by SerbMatch.com from time to time, effective when posted by SerbMatch.com on the Website. You may also receive a copy of this Agreement by emailing us, Subject: Terms of Use. By using the Website, 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.

1. Member Eligibility and Terms.  If you wish to become a Member and communicate with other Members and make use of the SerbMatch.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. You must be eighteen or over to register as a member of SerbMatch.com and use the Service. This Agreement sets out the legally binding terms of your membership in the Service. It may be modified by SerbMatch.com from time to time, effective when posted by SerbMatch.com on the Website. Membership in the Service is void where prohibited.

2. Term and Termination.  This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or on receipt by SerbMatch.com of your notice of termination by email, fax or mail. SerbMatch.com may terminate your membership for any reason, effective on sending notice to you at the email address you provide in your application for membership or another email notice address that SerbMatch.com that SerbMatch.com received from you. If SerbMatch.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: sections 5, 10, 11, 13, 14 AND 15.

3. Member ID and Password.  As part of the member registration process, you will be asked to select a Member ID (username) and password. We may refuse to accept any Member ID for any reason, including that the proposed Member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your Member ID and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at the 'My Home' Page after logging on to SerbMatch.com, and immediately notify us. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4. Unauthorized Use.  The Website and the Service are for the personal use of individuals only, for purposes consistent with the Website and Service. You may not use the Website or Service in connection with any commercial or group activities. Organizations, companies or businesses may not become Members and may not use the Service or the Website for any purpose. Collecting Member IDs (usernames), or email addresses of members, or other information on the Website, by electronic or other means, is prohibited.

5. Proprietary Rights in Content on SerbMatch.com.  SerbMatch.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of SerbMatch.com and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display or sell any Website material or information.

6. Content Posted on the Site.

a.       You are solely responsible for any materials (including profiles or photos) and messages (including SerbMatch.com Messenger messages) (collectively, "Content") that you publish or display (hereinafter, "post") on the Website or via the Service, or transmit to other Members.

b.       By posting Content to any public area of SerbMatch.com, you automatically grant, and you represent and warrant that you have the right to grant, to SerbMatch.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

c.       You understand and agree that SerbMatch.com may review and remove any Content that in the sole judgment of SerbMatch.com violates this Agreement or which, in the sole discretion of SerbMatch.com, might be offensive or illegal or might violate the rights of, harm, or threaten the safety of Members.

d.       The following is a partial list of the kind of Content that is prohibited on the Website. SerbMatch.com reserves the right to investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and Service and terminating the membership of such violators. It includes Content that:

§         may be offensive to Website users, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

§         harasses or advocates harassment of another person;

§         involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";

§         promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

§         promotes or enables unauthorized copying of another person's copyrighted work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing music or links to music files;

§         contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

§         exploits anyone under the age of 18 in a sexual or violent manner;

§         solicits personal information from anyone under 18;

§         provides instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

§         solicits passwords or personal identifying information for commercial, unauthorized or unlawful purposes from other users; and

§         engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.

e.       You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.

f.        You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

g.       You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although SerbMatch.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, SerbMatch.com reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which SerbMatch.com deems appropriate in its sole discretion.

h.       WARNING:  It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. SerbMatch.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.

7. Copyright Policy.  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 Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. SerbMatch.com's Copyright Agent for notice of claims of copyright infringement can be reached via e-mail (Subject: Copyright).

8. Member Disputes.  You are solely responsible for your interactions with other SerbMatch.com Members. SerbMatch.com reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website.

9. Privacy.  Use of the Website and the Service is subject to our Privacy Policy, which is part of this Agreement with you.

10. DISCLAIMERS.  SerbMatch.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service.

SerbMatch.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.

SerbMatch.com assumes no responsibility 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.

SerbMatch.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 the Website, 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 Website or in connection with the Service.

THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND SERBMATCH.COM EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

SerbMatch.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

11. Limitation on Liability.  You assume full responsibility and risk for your use of the Website and the Service. Under no circumstances will SerbMatch.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. SerbMatch.com and its affiliates are not liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Web site or the Service, even if SerbMatch.com has been advised of the possibility of such damages. If you live in a state whose laws prevent you from taking full responsibility for your use of the service, our liability is limited to the greatest extent allowed by law. SerbMatch.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SerbMatch.com for the Service during the term of membership.

12. Export Controls.  Use of this Website is not subject to any export controls. Residents of any country may use SerbMatch.com.

13. Disputes.  If there is any dispute between us about or involving the Website or the Service, you agree that the dispute will be governed by the laws of the United States without regard to its conflict of law provisions.

14. Indemnity.  You agree to indemnify and hold SerbMatch.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.

15. Other.  This Agreement, accepted on your use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and SerbMatch.com regarding the use of the Website and the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.