SimchaOnline Terms of Use:
Matchmakers Terms of Use | Singles Terms of Use
Matchmaker Terms of Use:
By Registering for a Matchmaker account, you confirm that:
1. You are Married
2. You are over 18 years of age
3. All information ou have provided, including contact information is true and accurate.
4. You will compromise yourself to work in Simcha Online as follows:
| • | You must work at least 4 to 5 hours a week. | | • | You must contact your singles by phone, emails, or chat via the SimchaOnline.com website in order to establish a personal relationship with them. | | • | If you charge a fee, you must discuss them along with your payment conditions with your singles on your first communication with them. If they do not agree to your fees, you must ask them to change their Matchmaker in their SimchaOnline Profile. | | • | You must fulfill your weekly homework (meaning, you must look for possible matches for all singles on your dashboard). The system will help you get organized and not forget to send anyone their due matches. | | • | Your weekly homework consists of looking for the 3 best possible matches for each of your singles and offer them as possible matches based on the % of compatibility given to you by our system, and on your own Wisdom and analysis of the profiles and conversations you had with the singles. | | • | You will also receive match requests from other matchmakers that want to pair up their singles with yours. At your discretion, you may send these requested matches to your singles, taking the place of 1 of the 3 weekly matches you would look for for them. You MUST accept and send your singles at least 50% of the match requests you receive from other matchmakers. | | • | You may also contact the other singles' Matchmakers if you need even more Information to suggest a possible match. | | • | If your single approves any of the 3 possible matches you sent them (they can approve up to 2 of them), that decision will automatically be notified to you, and will also automatically go to the possible match's Matchmaker as a Match request so that the Matchmaker can offer that possibility to the other single (there is no assurance that it will be offered), and then if the other single also approves the match, then a match is created and the Matchmaker that originally suggested the match will be notified of the match made and will then be responsible for the match. | | • | The Matchmaker that first proposed the match is the one that is in charge of the development of the dating process. He or she is responsible for releasing each single's contact information to the other so that they may contact each other and arrange a meeting. The matchmaker is also responsible for actually arranging a meeting if it is so requested by the singles. Each single may contact the matchmaker in order to update them during the dating progress. | | • | Any information you obtain from our system about any single, in any way, is stricly confidendial and private according with Simcha Online Terms, and the Halachots of Lashon Hara of the Jewish Law, and you may use it only for the purpuse of Shiduchim, within in our System. If you know of a potencial Match with someone that is not a member yet, you may invite them to join Simcha Online and become a member in order to set them as a Match. You are not allow to make Matches for any of your singles outside of our System. | | • | Any questions or doubts on any part of the process, or even in Halacha, or Lashon Hara dudes, or what may be spoken or not spoken, you may consult with one of our Rabanim at Simcha Online or find information on our related articles of Halachot Lashon Hara or Matchmakers Laws, Fees & Information. |
If Simcha Online finds that you are not performing your duties as mentioned above, or if any of the information you enter in inaccurate, false, offensive, or inappropriate, your account will be immediately closed. Simcha Online reserves the right to deny access to any user, Matchmaker or Single, for any reason they see fit.
Singles Terms of Use:
SimchaOnline ("SimchaOnline") is a Service where singles join as Members
to be matched up to other singles by Matchmakers. By using the SimchaOnline.Com
Website (the "Site" or "Website") you agree to be bound by
this SimchaOnline Member User Agreement (this "Agreement")
If you wish to become a Member and communicate with other Members and Matchmakers
and make use of the SimchaOnline service (the "Service"), read this
Agreement and indicate your acceptance of it by following the instructions in
the Registration process.
I understand that if I meet someone through the Site and I get engaged to this
person, then SimchaOnline can use my name on the list of engagements on the Site
and SimchaOnline can use my name in marketing and PR material.
This Agreement sets out the legally binding terms of your use of the Website and
your terms of becoming a Member ("Membership") in the Service and may
be modified by SimchaOnline from time to time, such modifications to be effective
upon posting by SimchaOnline on the Website. This Agreement includes SimchaOnline's
"Acceptable Use Policy for Content Posted on the Website" and any notices
regarding the Website.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO
NOT REGISTER FOR THE SERVICE.
In these conditions the following words have the following meanings unless the
context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these
terms and conditions for the provision of the Service;
“We, Us, Our" means SimchaOnline
"You, Your, Yourself" means the person whose application for Membership
of the Service is accepted by Us.
ELIGIBILITY. You must be eighteen or over to become a Member of SimchaOnline or
to register for use of this Site. By becoming a Member, you represent and warrant
that you are at least 18 years old. Membership in the Service is void where prohibited.
By using this Site, 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.
TERM. This Agreement will remain in full force and effect while you use the Site
and/or are a Member of SimchaOnline. SimchaOnline may terminate your Membership
for any reason effective upon 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 SimchaOnline.
Even after this Agreement is terminated, certain provisions of this Agreement
will remain in effect.
TERMINATION. This Agreement will remain in full force and effect while You use
the Service and/or are a Member. You may terminate your Membership at any time,
for any reason by following the instructions in the Manage Account section of
the Site, or upon receipt by Us of Your written or email notice of termination.
Either You or Us may terminate your Membership by removing your profile at any
time, for any reason, without explanation.
Even after Membership is terminated, this Agreement will remain in effect.
MEMBERSHIP. SimchaOnline.com membership is currently free of charge. Should
there be a fee in the future, the fee will be a flat monthly fee of US $10
per month. All users will be given an option to continue with their subscription
or cancel once the fee option starts. As a condition of Membership, you
agree to provide true, accurate, current, and complete information about
yourself as prompted during the registration process, including but not
limited to your contact information. You agree to maintain and update this
information and to keep it true, current, and complete. If any information
provided by you is untrue, inaccurate, noncurrent, or incomplete, SimchaOnline
has the right to terminate your account and refuse any and all current or
future use of SimchaOnline.
Membership Categories. SimchaOnline is a Membership Service.
Free Basic Membership. Requires that you provide certain personal data and have
a valid and verified email address. As a For a limited time, as a Free Basic Member
you have access to all features of the Service.
PROHIBITED. Multiple Memberships. Members are entitled to a single Free Basic
Membership. It is against SimchaOnline policy for an individual to sign-up multiple
Free Basic Memberships. SimchaOnline reserves the right to remove multiple Membership
accounts. INDIVIDUALS WHO TRY TO SIGN UP MULTIPLE FREE BASIC MEMBERSHIPS ARE COMMITTING
FRAUD AND SIMCHAONLINE RESERVES THE RIGHT TO PURSUE ALL LEGAL ACTIONS, INCLUDING
CIVIL PROSECUTION TO PROTECT ITS SERVICE FROM FRAUD. SIMCHAONLINE WILL PROTECT
THE SAFETY AND INTEGRITY OF ITS SERVICE.
SimchaOnline may add, modify, remove Membership Categories at will.
The matchmaking done through the site is performed free of charge.
Acceptable Use Policy for Content Posted on the Website.
a. You understand and agree that SimchaOnline may delete any content, messages,
photos, video or profiles (collectively, "Content") that in the sole
judgement of SimchaOnline violate the Agreement or which might be offensive, illegal
or that might violate the rights, harm or threaten the safety of other SimchaOnline
and/or its Members.
b. You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the SimchaOnline Service, or transmit to other SimchaOnline
Members and/or Matchmakers.
c. By posting Content to any public area of SimchaOnline, you automatically grant,
and you represent and warrant that you have the right to grant, to SimchaOnline,
other SimchaOnline Members and Matchmakers an irrevocable, perpetual, non-exclusive,
royalty free, world-wide license to use, copy, perform, display 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.
d. The following is a partial list of the kind of Content that is illegal or prohibited
on the Site. SimchaOnline will 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 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 libellous;
• promotes an illegal or unauthorised copy of another person’s copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page) ;
• displays pornographic or sexually explicit material of any kind;
• 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 Members or Matchmakers; and
• engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. Opinions, advice, statements, offers, or other information or Content made
available through the Service, but not directly by Us, are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely responsible
for such Content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OR ANY INFORMATION ON THE SERVICE AND NEIGHER WE ADOPT NOR ENDORSE NOR RESPONSIBLE
FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES
OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED
ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
f. You must use the SimchaOnline Service in a manner consistent with any and all
applicable laws and regulations.
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 will not transmit
any chain letters or junk E-mail to other SimchaOnline Members or Matchmakers.
Although SimchaOnline cannot monitor the conduct of its Members or Matchmakers
off the SimchaOnline Site, 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 or Matchmaker
without their prior explicit consent.
h. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED
IN THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OUR
SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING
THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU
POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES.
USE OF THE SERVICE. As a Member, You agree that:
a. We reserve the right, but We have no obligation, to reject any profile or photo
that does not comply with the Content prohibitions and have no obligation to alert
you.
b. E-mail communications sent from Us or through Us are designed to make your
online dating experience exciting. By becoming a member you specifically agree
to accept and consent to receiving e-mail communications initiated from Us or
through Us these include: message notification e-mails, match notification e-mails,
status-update e-mails, e-mails informing you about events and parties We organize,
e-mails informing you of promotions We run and e-mails informing You of new and
existing features We provide. Should You not wish to receive any of our e-mail
communications please do not register with
Us for the Service or terminate your Membership with Us.
c. Mass e-mails to those affiliated with the site including but not limited to
Matchmakers, members, and Rabbis are strictly PROHIBITED. If We find any actions
such as these We reserve the right, but We have no obligation, to cancel, delete,
or remove any profile and We shall not refund You unused Membership fees.
d. You agree that We have no responsibility or liability for the deletion, corruption
or failure to store any messages or other Content maintained or transmitted by
Our Service. You acknowledge that features, parameters or other services We provide
may change at any time.
e. You agree that We have no responsibility or liability for the establishments
on our Discount List. We do not warrant that an establishment on the Discount
List will honour a discount that is posted on the Website and it is at the sole
discretion of the establishment. Please inform Us if an establishment is not honouring
their discount agreement at Support@SimchaOnline.Com.
f. Our customer service Employees and Matchmakers are here to make your online
experience much more pleasing by providing assistance and guidance to You. When
speaking to Our customer service Employees and Matchmakers on the phone, or in
communicating with them by any other means, You undertake not to be abusive, obscene,
profane, offensive, sexually oriented, threatening, harassing or racially offensive.
Should any of Our customer service Employees or Matchmakers feel, at any given
point, threatened or offended by Your conduct, we reserve the right to immediately
terminate Your Membership.
g. We are entitled 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. If You are found to have violated this Agreement
Your Membership and You shall not be entitled to any refund of any unused Membership
fees. The following is a partial list of the type of actions that are illegal
or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not “stalk” or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed by
Us, without Our specific prior written consent.
4) 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.
5) 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.
6) You will not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the servers
or networks connected to the Service or the site.
8) You will not use the password of any Member, Matchmaker or any other individual
other than Yourself.
9) 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.
10) You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
11) You will not “frame” or “mirror” any part of the Service,
without Our prior written authorization. You also shall not use meta tags or code
or other devices containing any reference to Us 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 any software
used on or for the Service or cause others to do so.
LIABILITY. You acknowledge that SimchaOnline cannot ensure the personal security
or privacy of any Member as a consequence of any Members' meeting or encounter
with any other individual through the SimchaOnline Service. Further, SimchaOnline
has performed no screening, background checks, or verification of any information
provided to it by its Members or Matchmakers, and it is the responsibility of
each Member to take any steps deemed advisable to ensure their personal safety
and security.
SimchaOnline cannot ensure security or privacy of information that you provide
through the Internet and your email messages, and you release Us, Matchmakers
and Rabbis who endorse the site (“Rabbis”) from any and all liability
in connection with the use of information by other parties including other Members
and Matchmakers.
SimchaOnline, Matchmakers and Rabbis are not responsible for the use by others
of any information, which you provide to them, and you should use caution in selecting
the personal information you provide to others through SimchaOnline.
SimchaOnline, Matchmakers and Rabbis cannot assume any responsibility for the
content of any messages sent by other Members or Matchmakers, and you release
us from any and all liability in connection with the contents of any communications
you may receive from other Members or Matchmakers.
You will defend, indemnify, and hold harmless SimchaOnline, officers, directors,
employees, Matchmakers, Rabbis, agents and third parties, for any losses, costs,
liabilities, and expenses (including reasonable attorney's fees) relating to or
arising out of your use of the SimchaOnline Service, including any breach by you
of the terms of this Agreement.
NON COMMERCIAL USE BY MEMBERS. The Site is for the personal use of individual
Members only and may not be used in connection with any commercial endeavours
by you. Organisations, companies and/or businesses may not become Members of SimchaOnline
and should not use the SimchaOnline Service or Site for any purpose. Illegal and/or
unauthorized uses of the Site, including also, unauthorized framing of or linking
to the Site will be investigated and appropriate legal action will be taken, including
without limitation civil, criminal and injunctive redress.
PROPRIETARY RIGHTS. SimchaOnline owns and retains other proprietary rights in
the SimchaOnline Site and the SimchaOnline Service. The Site contains the copyrighted
material, trademarks, and other proprietary information of SimchaOnline and its
licensors. In addition, other Members may post copyrighted information, which
has copyright protection whether or not it is identified as copyrighted. Except
for that information which is in the public domain or for which you have been
given permission, you may not copy, modify, publish, transmit, distribute, perform,
display, “Reverse Engineer” or sell any such proprietary information.
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 SimchaOnline
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 authorised 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 our Site; 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 authorised 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. SimchaOnline Copyright
Agent for Notice of claims of copyright infringement can be reached as follows:
SimchaOnline Counsel, New York, NY 10952, Attn: Copyright Policy.
MEMBER DISPUTES. You are solely responsible for your interactions with other SimchaOnline
Members or Matchmakers. SimchaOnline reserves the right, but has no obligation,
to monitor disputes between you and other Members and/or Matchmakers.
PRIVACY. Our Privacy Policy governs use of the SimchaOnline Site and/or the SimchaOnline
Service. The personal information (including sensitive personal information) You
provide to Us will be stored on computers. You consent to Us using this information
to build up a profile of interests, preferences and browsing patterns and to allow
You to participate in the Service. All Members also agree to uphold and maintain
Our Privacy Policy and to the terms and conditions thereof. If you are located
outside of the United States, please note that the information you provide is
being sent to the United States. By becoming a member of the Service, you consent
to your data being sent to the United States and to such other third parties as
may be involved in the provision and operation of the Service. You may read a
full description of our Privacy Policy.
DISCLAIMERS. SimchaOnline is not responsible for any incorrect or inaccurate Content
posted on the Site or in connection with the SimchaOnline Service, whether caused
by Members, Matchmakers or by any of the equipment or programming associated with
or utilised in the Service, nor for the conduct of any Member and/or Matchmakers
of the SimchaOnline Service whether online or off-line. SimchaOnline assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorised access to, or alteration of, User and/or Member communications.
SimchaOnline is not responsible for any problems or technical malfunction of any
telephone network or lines, computer on-line-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 Members and/or Matchmakers or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the SimchaOnline Site and/or in connection with the SimchaOnline
Service. Under no circumstances will SimchaOnline be responsible for any loss
or damage resulting from anyone's use of the Site or the Service and/or any Content
posted on the SimchaOnline Site or transmitted to SimchaOnline Members and/or
Matchmakers. The Site and the Service are provided "AS-IS" and SimchaOnline
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
SimchaOnline cannot guarantee and does not promise any specific results from use
of the Site and/or the SimchaOnline Service.
LIABILITY LIMITATIONS. In no event will SimchaOnline 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 Site or the
SimchaOnline Service, even if SimchaOnline has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein, SimchaOnline’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 SimchaOnline
for the Service during the term of Membership. You also agree that SimchaOnline
will incur no liability for its ordinary negligence directly or indirectly connected
with this Agreement, and you hereby waive any such claim.
U.S. EXPORT CONTROLS. Software from this Site is further subject to United States
export controls. No software from this site may be downloaded 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.
AGREEMENT MODIFICATION and ASSIGNMENT. SimchaOnline reserves the right to change
any of the terms and conditions in this agreement, at any time and in its sole
discretion, by posting a new agreement on our Website. Without limiting the generality
of the foregoing, fee schedules, and all other provisions of this agreement are
subject to change without notice other than posting such information on our Website.
Neither the rights nor the obligations arising under this Agreement are assignable
or transferable by You, and any such attempted assignment or transfer shall be
void and without effect. SimchaOnline may assign this Agreement to any successor,
affiliate or assignee.
DISPUTES. You agree that this Agreement and any dispute about it or any dispute
involving the Site and/or the Service, by using the Site, will be governed by
the laws of the State of New York without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal courts
of the State of New York, City of New York.
INDEMNITY. You agree to indemnify and hold SimchaOnline, its subsidiaries, affiliates,
officers, agents, matchmakers, those endorsing the site, other partners and employees,
harmless from any loss, liability, claim or demand, including reasonable attorneys’
fees, sustained or 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.
(i) Your breach of this Agreement; (ii) any allegation that any materials that
You submit to Us or transmit to the Service infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or other rights
of any third party; and/or (iii) Your activities in connection with the Service.
This indemnity shall be applicable without regard to the negligence of any party,
including any indemnified person.
OTHER. This Agreement, accepted upon use of the Site and further affirmed by becoming
a Member of the SimchaOnline Service, contains the entire agreement between you
and SimchaOnline regarding the use of the Site and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect.
Any questions regarding this Agreement should be sent to legal@SimchaOnline.Com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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