Jane Doe v. Match.com

Filing 15

Opposition Opposition re: MOTION for Preliminary Injunction re: enjoining defendant Match.com from enrolling new subscribers until it implements a system which screens out sex offenders registered in federal and local databases 13 - Opposition to Plaintiff's Motion for Preliminary Injunction; Memorandum of Points and Authorities filed by Defendant Match.com. (Attachments: # 1 Declaration of Sharmistha Dubey, # 2 Declaration of Robert H. Platt)(Laska, Joseph)

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MANATT, PHELPS & PHILLIPS, LLP
ROBERT H. PLATT (Bar No. 108533)
Email: [e-mail]
JOSEPH E. LASKA (Bar No. 221055)
Email: [e-mail]
11355 West Olympic Boulevard
Los Angeles, California 90064-1614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
MATCH.COM, LLC,
erroneously sued as Match.com

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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JANE DOE, individually, and on
behalf of all others similarly situated,

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Plaintiff,

MATCH.COM,
Defendant.

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Hon. Stephen V. Wilson
Filed as Class Action

vs.

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Case No. CV11-3795 SVW (JEMx)

DECLARATION OF
SHARMISTHA DUBEY IN
SUPPORT OF OPPOSITION TO
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
Filed concurrently with:
1. Opposition to Motion for Preliminary
Injunction;
2. Declaration of Robert H. Platt; and
3. Request for Judicial Notice.

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Hearing Date:
Hearing Time:
Courtroom:

May 23, 2011
1:30 p.m.
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Action filed:

April 13, 2011

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

300254676.2

DECLARATION OF SHARMISTHA DUBEY

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DECLARATION OF SHARMISTHA DUBEY

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I, Sharmistha Dubey, declare as follows:

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1.

I am over 18 years old. I have personal knowledge of the facts set

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forth in this declaration. If called as a witness, I can and will testify competently to

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all of these facts.

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2.

I am Senior Vice President, Product at Match.com, LLC (“Match”),

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the defendant in this action. I work at Match’s offices in Dallas, Texas. I am

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familiar with the complaint (“Complaint”) filed by Plaintiff Jane Doe (“Plaintiff”)

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and the allegations contained in the Complaint. I have also researched, and have

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personal knowledge of, Match’s files relating to Plaintiff, who has revealed her

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identity to be Carole Markin.

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3.

Match was founded as an online dating service. Its website

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(www.match.com) and services are available in all 50 states. Match’s corporate

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headquarters are located in Dallas County, Texas.

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4.

Match has two types of customers: subscribers and members.

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Subscribers are paying users that have full access to Match’s service. Members are

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non-paying users that can only access a subset of Match’s service. Match currently

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has more than one million subscribers and millions of members.

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5.

Attached as Exhibit A is a true and correct copy of the Terms of Use

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Agreement (“User Agreement”) on Match’s website. All subscribers and members

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of Match must enter into the User Agreement as a condition of using Match’s

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website and service. Moreover, before making a subscription payment, each

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subscriber must affirmatively accept Match’s terms of use by checking a box

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affirming, “I agree to the Match.com terms of use.” The phrase “terms of use” is

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hyperlinked to a complete copy of the User Agreement (Exhibit A). Like all other

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current or former Match members and subscribers, Plaintiff entered into the User

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Agreement as a condition of using Match’s website and service.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

6.
300254676.2

Plaintiff cancelled her Match subscription on January 31, 2011.
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DECLARATION OF SHARMISTHA DUBEY

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7.

Match has been researching the possibility of screening subscribers for

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several years, but has heretofore refrained from implementing screening procedures

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because Match believed that the benefits were outweighed by the detriments

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associated therewith due to various reasons, including limitations in the available

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databases. For example, the available federal, state, and local databases are not

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completely accurate: they sometimes fail to identify certain convicted sex

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offenders, and sometimes generate false positives. Moreover, Match has been, and

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remains, concerned that screening subscribers might give its users a false sense of

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security. Accordingly, Match has focused its general user protection efforts on

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providing its members with disclosures, warnings and advice, such as its Online

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Safety Dating Tips disclosures found throughout the website.

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8.

Recently, Match concluded that the benefits of screening appear to

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outweigh the detriments. On April 17, 2011, Match announced that it intends to

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begin screening its current and future subscribers against the National Sex Offender

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Database. Match stated that it expected to be able to implement a screening process

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within 60 to 90 days. Attached as Exhibit B is a true and correct copy of Match’s

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announcement as reported by the Associated Press on April 18, 2011.

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9.

Since its announcement a month ago, Match has consulted with the

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leading vendors in the field to determine how best to implement screening of its

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more than one million current subscribers nationwide, plus future subscribers.

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Once Match retains a vendor, it will begin implementing the screening functionality

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and modifying the other affected aspects of its business and systems. The

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implementation process will involve, among other things, determining which of the

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available databases to search; addressing related privacy and data protection issues;

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updating customer care procedures and communications; revising the User

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Agreement, privacy policy, and other pertinent disclosures on Match’s website;

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constructing necessary technological tools to integrate the process in Match’s

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

300254676.2

2
DECLARATION OF SHARMISTHA DUBEY

EXHIBIT A

Terms of Use

Page 1 of 9

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Match.com Terms of Use Agreement
Welcome to Match.com, the service for single adults to meet each other online, operated by Match.com, L.L.C.
("Match.com"). By using the Match.com Website, (the "Website") you agree to be bound by these Terms of Use
(this "Agreement"), whether or not you register as a member of Match.com ("Member"). If you wish to become a
Member and make use of the Match.com service (the "Service"), please read these Terms of Use. If you object
to anything in this Agreement or the Match.com Privacy Policy, do not use the Website or the Service.
The Terms of Use are subject to change by Match.com at any time, effective upon posting on the Match.com
website, and your use of the Service after such posting will constitute acceptance by you of such changes.
1. Acceptance of Terms of Use Agreement.
a. Electronic Agreement. This Agreement is an electronic contract
that sets out the legally binding terms of your use of the Website
and your membership in the Service. This Agreement may be
modified by Match.com from time to time, such modifications to
be effective upon posting by Match.com on the Website. This
Agreement includes Match.com's Acceptable Use Policy for
Content Posted on the Website, Match.com's Privacy Policy,
Match.com's subscription policies and any notices regarding the
Website. By accessing the Website or becoming a Member, you
accept this Agreement and agree to the terms, conditions and
notices contained or referenced herein.
b. Electronic Form. By accessing the Website or becoming a
Member, you consent to have this Agreement provided to you in
electronic form.
c. Non-electronic Copy. You have the right to receive this
Agreement in non-electronic form. You may request a nonelectronic copy of this Agreement either before or after you
electronically sign the Agreement. To receive a non-electronic
copy of this Agreement, please Contact Us online or send a letter
and self-addressed stamped envelope to: Match.com, P.O. Box
12305, Dallas, TX 75225.
d. Withdrawing Your Consent. You have the right at any time to
withdraw your consent to have this Agreement provided to you in
electronic form.
(i) Effect. Should you choose to withdraw your consent to
have this Agreement provided to you in electronic form, we
will discontinue your then-current username and password.
This means that you will not have the right to use the Service
unless, and until, we issue you a new username and
password. We only will issue you a new username and
password after we receive a signed copy of a non-electronic
version of this Agreement, which we will send to you upon
request.
(ii) Notice. To withdraw your consent and/or request a nonelectronic copy of this Agreement, please Contact Us online or
send a letter and self-addressed stamped envelope to:
Match.com, P.O. Box 12305, Dallas, TX 75225.
(iii) Prospective Nature. Your withdrawal of consent shall be
effective within a reasonable time after we receive your
withdrawal notice described above. Your withdrawal of consent

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will not affect the legal validity or enforceability of the
Agreement provided to, and electronically signed by, you prior
to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this
electronic Agreement, you must have access to the World Wide
Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In
addition, you must use all equipment necessary to make such
connection to the World Wide Web, including a computer and
modem or other access device. Please print a copy of this
document for your records. To retain an electronic copy of this
Agreement, you may save it into any word processing program.
Via, the Website, we will notify you of any changes in the
hardware or software requirements needed to access and/or
retain this Agreement that create a material risk that you will not
be able to continue to access and/or retain this electronic
Agreement.
2. Eligibility. You must be at least eighteen (18) years of age and single or separated from your spouse to
register as a member of Match.com or use the Website. Membership in the Service is void where prohibited. 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.
3. Membership and Subscription; Pricing. You may become a Member of the Service at no cost. As a Member,
you will have the ability to participate in some, but not all, of the features and services available within the
Service. In order to access additional features and services, including the ability to communicate with other
Members, you must become a paying subscriber to the Service. Please see Subscribe for a description of the
current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in
subscribing to the service are deemed part of this Agreement. Please see Billing Details for a description of such
policies. For purposes of this Agreement the term "Member" includes subscribers, unless where its usage indicates
otherwise. From time to time, Match.com may remove the profiles of non-subscribers.
4. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You
may terminate your membership and/or subscription at any time, for any reason, by following the instructions on
the Resign pages in Account Settings, or you may Contact Us online or send Match.com written notice of
termination to Match.com, P.O. Box 12305, Dallas, TX 75225. If you resign or cancel your membership and/or
subscription via the Match.com site, to help Match.com analyze and improve the Service, you may be asked to
provide a reason for your resignation/cancellation. You may bypass this brief resignation survey page and continue
the resignation/cancellation process by clicking the “Continue Cancellation” or other similar button on the page. If
you terminate your subscription, your subscription will remain active until the end of your then-current
subscription period (that is, the subscription period through which you had paid prior to your termination).
Match.com may terminate your membership and/or subscription by sending notice to you at the email address you
provide in your application for membership, or such other email address as you may later provide to Match.com.
If Match.com terminates your membership in the Service because you have breached this Agreement,
you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination
of accounts shall be made in the sole discretion of Match.com. Match.com is not required to provide you notice
prior to terminating your membership and/or subscription. Match.com is not required, and may be prohibited,
from disclosing a reason for the termination of your account. Even after your membership or subscription is
terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this
Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members. The Website is for the personal use of individual Members only and may
not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not
become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses
of the Website, 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 Website may be
investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive
redress. Use of the Website is with the permission of Match.com, which may be revoked at any time, for any
reason, in Match.com's sole discretion.
6. Account Security. You are responsible for maintaining the confidentiality of the username and password that
you designate during the Registration process, and you are fully responsible for all activities that occur under your
username and password. You agree to (a) immediately notify Match.com of any unauthorized use of your
username or password or any other breach of security, and (b) ensure that you exit from your account at the end
of each session. Match.com will not be liable for any loss or damage arising from your failure to comply with this

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provision. You should use particular caution when accessing your account from a public or shared computer so
that others are not able to view or record your password or other personal information. If you share your
computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your
Window's Live ID to your Match.com account.
7. YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT MATCH.COM DOES NOT IN ANY WAY
SCREEN ITS MEMBERS, NOR DOES MATCH.COM INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS
OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MATCH.COM MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY
WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL MATCH.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 SERVICE, INCLUDING WITHOUT LIMITATION,
BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM
COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS
YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET
OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW MATCH.COM'S DATING SAFETY TIPS
PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT MATCH.COM MAKES NO GUARANTEES,
EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU
MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR
EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
8. Content on Match.com.
(a) Proprietary Rights. Match.com owns and retains all
proprietary rights in the Website and the Service. The Website
contains the copyrighted material, trademarks, and other
proprietary information of Match.com, and its licensors. 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.
(b) Reliance on Content, Advice, Etc. Opinions, advice,
statements, offers, or other information or content made
available through the Service, but not directly by Match.com,
are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible
for such content. Match.com does not: (i) guarantee the
accuracy, completeness, or usefulness of any
information on the Service, 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 Website. Under no circumstances
will Match.com or its affiliates be responsible for any
loss or damage resulting from your reliance on
information or other content posted on the Website or
transmitted to or by any Members.
9. Content Posted by You on Match.com.
a. You are solely responsible for the Content that you publish
or display (hereinafter, "post") on the Service, or transmit to
other Members. You will not post on the Service, or transmit
to other Members, any defamatory, inaccurate, abusive,
obscene, profane, offensive, sexually oriented, threatening,
harassing, racially offensive, or illegal material, or any
material that infringes or violates another party's rights
(including, but not limited to, intellectual property rights, and
rights of privacy and publicity). You will not provide
inaccurate, misleading or false information to the Company or
to any other Member. If information provided to Match.com, or

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another Member, subsequently becomes inaccurate,
misleading or false, you will promptly notify Match.com of
such change.
b. You understand and agree that Match.com may review and
delete any content, messages, double-blind emails, photos or
profiles (collectively, "Content"), in each case in whole or in
part, that in the sole judgment of Match.com violate this
Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members.
c. By posting Content to any public area of Match.com, you
automatically grant, and you represent and warrant that you
have the right to grant, to Match.com, its affiliates, licensees
and successors, an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display,
reproduce, adapt, modify and distribute 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. You further represent
and warrant that public posting and use of your content by
Match.com will not infringe or violate the rights of any third
party.
d. The following is a partial list of the kind of Content that is
illegal or prohibited on the Website. Match.com reserves the
right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including
without limitation, removing the offending communication
from the Service and terminating the membership of such
violators. It includes, but is not limited to, Content that:
is patently offensive to the online community, 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 an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated
computer programs or links to them, providing
information to circumvent manufacture-installed copyprotect devices, or providing pirated images, audio or
video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or
hidden pages or images (those not linked to or from
another accessible page);
provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal
information from anyone under the age of 18;
provides instructional information about illegal 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 or unlawful purposes from other users; and
engages in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
e. Your use of the Service, including but not limited to the

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Content you post on the Service, must be in accordance 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. This includes but is not limited to solicitation
or advertising to buy or sell any products or services through
the Service or to attend parties or other social functions or
networking for commercial purposes. You may not transmit
any chain letters or junk email to other Members. Although
Match.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, we reserve the right to restrict the
number of emails which a Member may send to other
Members in any 24-hour period to a number which we deem
appropriate in our sole discretion.
h. All information you include in your Member profile must be
accurate, current and complete.
10. Prohibited Activities. Match.com reserves the right to investigate and terminate your membership if you
have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is
unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to
the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by Match.com without our specific
prior written consent.
You will not use 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 Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the
Services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Website, without Match.com's prior written
authorization. You also shall not use meta tags or code or other devices containing any reference to
Match.com or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Service or the Website or any software used on or for the Service or cause
others to do so.
11. Customer Service. Match.com provides assistance and guidance through its customer care representatives.
When communicating with our customer care representatives, you may not to be abusive, obscene, profane,
offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that
your behavior towards any of our customer care representatives or other employees 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.
12. Subscriptions; Charges on Your Billing Account.
(a) General. Match.com bills you through an online account

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(your "Billing Account") for use of the Service. You agree to
pay Match.com all charges at the prices then in effect for any
use of the Service by you or other persons (including your
agents) using your Billing Account, and you authorize
Match.com to charge your chosen payment provider (your
"Payment Method") for the Service. You agree to make
payment using that selected Payment Method. Match.com
reserves the right to correct any errors or mistakes that it
makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Service
consist of an initial period, for which there is a one time
charge, followed by recurring period charges as agreed to by
you. By entering into this Agreement, you acknowledge that
your subscription has an initial and recurring payment feature
and you accept responsibility for all recurring charges prior to
cancellation. MATCH.COM MAY SUBMIT PERIODIC CHARGES
(E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM
YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN
WRITING UPON REQUEST BY MATCH.COM) THAT YOU HAVE
TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE
YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT
CHARGES SUBMITTED BEFORE MATCH.COM REASONABLY
COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR
CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT
SETTINGS.
(c) Current Information Required. 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, CREDIT CARD NUMBER, OR CREDIT CARD
EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY
MATCH.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G.,
FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A
POTENTIAL BREACH OF SECURITY, SUCH AS THE
UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME
OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE
MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE
MATCH.COM ANY OF THE FOREGOING INFORMATION, YOU
AGREE THAT MATCH.COM MAY CONTINUE CHARGING YOU
FOR ANY USE OF THE SERVICE UNDER YOUR BILLING
ACCOUNT UNLESS YOU HAVE TERMINATED YOUR
SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN
WRITING UPON REQUEST BY MATCH.COM).
(d) Payment Method. The terms of your payment will be
based on your Payment Method and may be determined by
agreements between you and the financial institution, credit
card issuer or other provider of your chosen Payment Method
(the "Payment Method Provider"). If Match.com does not
receive payment from your Payment Method Provider, you
agree to pay all amounts due on your Billing Account upon
demand.
(e) Change in Amount Authorized. If the amount to be
charged to your Billing Account varies from the amount you
preauthorized (other than due to the imposition or change in
the amount of state sales taxes), you have the right to

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receive, and Match.com shall provide, notice of the amount to
be charged and the date of the charge at least 10 days before
the scheduled date of the transaction. Any agreement you
have with your Payment Method Provider will govern your use
of your Payment Method. You agree that Match.com may
accumulate charges incurred and submit them as one or more
aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your Match.com subscription will be
automatically extended for successive renewal periods of the
same duration as the subscription term originally selected, at
the then-current non-promotional subscription rate. To change
or resign your subscription at any time, go to Account
Settings. If you resign, you may use your subscription until
the end of your then-current subscription term; your
subscription will not be renewed after your then-current term
expires. However, you won't be eligible for a prorated refund
of any portion of the subscription fee paid for the then-current
subscription period.
(g) Reaffirmation of Authorization. Your non-termination
or continued use of the Service reaffirms that Match.com is
authorized to charge your Payment Method. Match.com may
submit those charges for payment and you will be responsible
for such charges. This does not waive Match.com's right to
seek payment directly from you. Your charges may be payable
in advance, in arrears, per usage, or as otherwise described
when you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or
other promotion that provides subscriber-level access to the
Service must be used within the specified time of the trial. You
must cancel your subscription before the end of the trial
period in order to avoid being charged a subscription fee. If
you cancel prior to the end of the trial period and are
inadvertently charged for a subscription, please contact
Customer Care to have the charges reversed.
13. Modifications to Service. Match.com reserves the right at any time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You agree that Match.com shall not be liable
to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Blocking of IP Addresses. In order to protect the integrity of the Service, Match.com reserves the right at
any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
15. 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. Match.com's Copyright Agent for notice of claims of copyright infringement can be reached as
follows: Match.com Legal, PO Box 25458, Dallas, TX 75225.
16. Member Disputes. You are solely responsible for your interactions with other Match.com Members.
Match.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
17. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.
18. Disclaimers. Match.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 Service. Match.com is not responsible for the conduct,

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whether online or offline, of any user of the Website or Member of the Service. Match.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. Match.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 Service.
Under no circumstances will Match.com or any of its affiliates, advertisers, promoters or distribution partners 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. The Website and the Service are provided "AS-IS" and Match.com
expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Match.com cannot
guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on
the Website is for informational and entertainment purposes only and is not intended to replace or substitute for
any professional financial, medical, legal, or other advice. Match.com 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 Website. 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.
19. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because Match.com has no control over such sites and resources, you acknowledge and agree that
Match.com is not responsible for the availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products or other materials on or available from such sites
or resources. You further acknowledge and agree that Match.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, goods or services available on or through any such site or resource.
20. Linked Accounts. Match.com permits you to associate a Match.com username and password with your
Window's Live ID. When you establish a linked account, you can sign into Window's Live or AOL ScreenName and
automatically sign into Match.com at the same time. Match.com is not responsible for the operation or
functionality of Window's Live or AOL ScreenName. Microsoft is a registered trademark of Microsoft Corporation
and AOL is a registered trademark of America Online, Inc.
21. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will
Match.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from your use of the Web site or the Service, even if
Match.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary
contained herein, Match.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 Match.com for the Service during the term of
membership.
22. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export
controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national or resident of any such country or on any
such list.
23. Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by
using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Texas,
without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction
and venue of the state and federal courts of the State of Texas, in Dallas County, for the resolution of any such
dispute.
24. Indemnity by You. You agree to indemnify and hold Match.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 Service in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and
warranties set forth above.
25. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement,
there shall be no third party beneficiaries to this Agreement.
Other. This Agreement contains the entire agreement between you and
Match.com regarding the use of the Website and/or the Service. If any
provision of this Agreement is held invalid, the remainder of this

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Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
Match.com is a trademark of Match.com, L.L.C.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
Click here to complete registration

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