MySecondMarriage.com - Terms of Use Agreement
MySecondMarriage.com is a free online Indian Matrimonial advertiser service especially for people who want to do second marriage, re-marriage, marry again due to divorced, separated (waiting for divorce from court), widowed case. MySecondMarriage.com is a free matrimonial advertising platform which replaces the old traditional newspaper classified ads for matrimony. People post their matrimonial Ads free in the form of their profile.
By browsing or using MySecondMarriage.com web site (herein referred as the “Website”) and registering your profile for matrimonial ad in it (the “Web site”) you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member (“Member”). A “Member” is a person who register his/her matrimonial ad profile in Website and “Membership” is a status obtained by a Member when the registration process is complete and his/her profile is approved and visible on Website publically for other users and visitors of Website. If you wish to become a Member by registering your matrimonial ad in form of your profile and communicate with other such Members and make use of the MySecondMarriage.com website service (the "Service"), you must read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process, because your member registration process in this website cannot be completed without fully reading and indicating your acceptance of these Terms of Use -
This Agreement sets out the legally binding terms of your use of the Website, browsing of Website, your membership in website and using the Service.
1. Eligibility:- You must be 18 years or over to register as a member of MySecondMarriage.com to post your matrimonial Ad profile or use the Web site. Membership in the Service is void where prohibited. The MySecondMarriage.com site is only to facilitate personal advertisement for lawful marriage alliance between two persons who are legally competent to enter into matrimony under the laws to which they are subject. Only Indian Nationals & Citizens, Persons of Indian Origin (PIO), Non Resident Indians (NRI) or overseas citizen of India (OCI), Persons of Indian Descent or Indian Heritage and persons who intend to marry Indians / persons of Indian Origin can post their matrimonial ad profile in this website or become member and by using this Website or becoming member by posting your matrimonial ad profile on this website, you confirm, represent and warrant that you are one among these. This Website is only meant for Matrimonial Advertisement of a person and for matrimonial alliances and not for dating, friendship, live-in relationship or any type of other relation and you agree to use this website for the mentioned purpose only. Membership in the Service is void where prohibited. By using this Website, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from entering into matrimony. You also agree to abide by all of the terms and conditions of this Agreement. If at any time MySecondMarriage.com is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility to become member of this Website, MySecondMarriage.com reserves the right to forthwith terminate your membership and / or your right to use the Website and the Service
2. Term:- This Agreement will remain in full force and effect while you use the Website and/or are a Member and even after you terminate your membership by removing your matrimonial ad profile from website. You may terminate your membership and get your matrimonial ad removed from the website at any time by sending us a written request by email, for any reason and even after such membership is terminated, this Agreement will remain in full force and effect. MySecondMarriage.com may terminate your membership within 7 working days from receiving your Email for removing your matrimonial profile ad from website and may not inform you about its confirmation through any mode of communication. MySecondMarriage.com may also remove your matrimonial profile ad and your membership of Website for any reason or without any reason and may or may not notify you about this by any means. If MySecondMarriage.com terminates your membership in the Service because you have breached the Agreement, Even after membership is terminated, this Agreement will remain in effect. If you found to breach this agreement, MySecondMarriage.com reserves the right to appropriate action against you.
3. Non Commercial Use by Members:- The Website is 100% free and is meant 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 Web site, including collecting usernames and/or email addresses and/or contact numbers of members by electronic or other means for any purpose or for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on MySecondMarriage.com:
MySecondMarriage.com owns and retains all proprietary rights in the Website and the Service. The Website may contain the copyrighted material, trademarks, and other proprietary information of MySecondMarriage.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission from MySecondMarriage.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information and/or any content on MySecondMarriage.com. Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by MySecondMarriage.com and MySecondMarriage.com also reserve right to take legal action (civil and/or criminal) wherever applicable for any such violations
5. Content Posted on the Website:-
a. You understand and agree that MySecondMarriage.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of MySecondMarriage.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members by means of messages.
c. By posting Content to any public area of MySecondMarriage.com, you hereby automatically unconditionally and irrevocably grant, and you represent and warrant that you have the right to grant, to MySecondMarriage.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, publically perform, publically display, reproduce, modify, adapt and distribute such information and content on MySecondMarriage.com Website and to its Members from time to time.
d. You shall use the Services only to market and promote your matrimonial profile and to reach out to other Members for the purpose of materimony relevant matches. You understand and hereby agree that all information, data, text, photographs, graphics, communications, tags, or other Content whether publicly posted on MySecondMarriage.com or privately transmitted or otherwise made available to MySecondMarriage.com or its members, are the sole responsibility of the person from whom such Content originated and shall be at the member's/person's sole risks and consequences. This means that you (and not MySecondMarriage.com) are solely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MySecondMarriage.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MySecondMarriage.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You will use all the information and content published on MySecondMarriage.com at your own risk and under no circumstances MySecondMarriage.com be held responsible or liable for any damage and loss incurred by its use. MySecondMarriage.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, MySecondMarriage.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, MySecondMarriage.com may, in its sole discretion, terminate your Membership with notifying you through any means.
e. The following is an indicative list of the kind of Content that is illegal or prohibited on the Web site. MySecondMarriage.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision / Agreement, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Such illegal and prohibitive Content includes, but not limited to, the Content which:
(i) is patently/ blatantly offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
(ii) harasses or advocates harassment of another person;
(iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
(iv) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) 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 copy-protect devices, or providing pirated music or links to pirated music files;
(vi) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
(vii) displays pornographic or sexually explicit material of any kind;
(viii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses etc.;
(x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
(xi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
f. You must use the Service in a manner consistent with any and all applicable local, state, and federal laws, rules laws and regulations, failing which MySecondMarriage.com reserves the right to terminate your membership and take a legal action against you in this regard.
g. You may not include in your Matrimonial Ad profile, especially where it is not asked to enter, any telephone numbers, street addresses, postal address, URLs or email addresses to publically visible area of your Matrimonial Profile.
h. You will 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 email to other Members of Website. Although MySecondMarriage.com cannot monitor the conduct of its Members off the Web 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 without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MySecondMarriage.com reserves the right to monitor and to restrict the number of messages which a Member of Website may send to other Members of Website in any 24-hour period to a number which MySecondMarriage.com deems appropriate in its sole discretion.
6. Copyright Policy:-
You cannot 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 MySecondMarriage.com service in a way that constitutes copyright infringement, please provide us with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the our Site;
(iv) your address, telephone number, and email address;
(v) 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;
(vi) 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.
Notice of claims of copyright infringement can be sent to us in writing via Email at the Email ID mentioned at contact us page of the website.
7. Disclaimers:-
(i) MySecondMarriage.com is not responsible for any incorrect or inaccurate Content/ Members Ads listing posted on the Site or in connection with the MySecondMarriage.com Service, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any User and/or Member of the MySecondMarriage.com Service whether online or offline.
(ii) Under no circumstances will MySecondMarriage.com 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 MySecondMarriage.com Site or transmitted to MySecondMarriage.com Members.
(iii) The exchange of matchmaking profile(s) through or by " MySecondMarriage.com" is not a matrimonial offer and/or recommendation from/by MySecondMarriage.com. MySecondMarriage.com shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, any relations (including but not limited to matrimonial relations) established pursuant to the use of MySecondMarriage.com.
(iv) MySecondMarriage.com does not verify the matrimonial Ads Profiles posited on website by users and its member in any respect like the character, pictures, social status, past background, financial status and intention of a member who registers matrimonial Ad profile. Therefore MySecondMarriage.com does not in any form recommend any member’s matrimonial Ad profile listed on website to use for any purpose including the purpose of matrimony. You must use your own wisdom before contacting or dealing with any member of website. Verify all such details of member by your own best means or with help of some external professionals and experts agency before contacting or meeting with any member on Website. MySecondMarriage.com strongly recommends you to read the given Security and Safety Tips on the website and follow these tips while using this website and contacting members. The URL Link to these security and safety tips are given on the header and footer area of webpages of this Website. MySecondMarriage.com also strongly recommends that you must verify the details of all members by your own best means or by some external agency before dealing with/ meeting with these members or before initiating a matrimonial alliance with them. . Do not ever give money to any member of the website. Never ever enter into any type of financial transaction or financial/ business deal with other members of Website. In no event will MySecondMarriage.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 contacting any member of Website and/or from your use of the MySeconMarriage.com Website or the Service.
(v) MySecondMarriage.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 and/or Member communications or any communications by MySeconMarriage.com to its Members.
(vi) MySecondMarriage.com 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 web site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting and/or in connection with the MySecondMarriage.com Service.
(vii) Under no circumstances will MySecondMarriage.com 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 MySecondMarriage.com WebSite or transmitted to MySecondMarriage.com Members.
(viii) The Website and the Service are provided "AS-IS", "AS AVAILABLE" and without warranty of any kind and MySecondMarriage.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement, title, Or quiet enjoyment. MySecondMarriage.com cannot guarantee and does not promise any specific results from use of the Site and/or the MySecondMarriage.com Service. MySecondMarriage.com give no express warranties and disclaim: (a) all implied warranties, including, but not limited to, warranties of merchantability; fitness for a particular purpose; mysecondmarriage.com of the site; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any content on the site; and (b) any duties of reasonable care, workmanlike effort or lack of negligence. the entire risk as to satisfactory quality, performance, accuracy and effort in connection with this website and content is with you.
(ix) MySecondMarriage.com expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/listing posted on the Site / made available to MySecondMarriage.com by any Members or the users of the Site or any third party.
(x) MySecondMarriage.com does not assume any responsibility or liability for any illegal Content posted on the Site by any Members, users or any third party.
(xi) All liability, whether civil or criminal arising out of any Content that is Posted on the Website will be of that Member / user / third party who has Posted such Content on website and MySecondMarriage.com reserves its right to claim damages from such Member/ user / third party that it may suffer as a result of such Content Posted on the Site. MySecondMarriage.com does not claim ownership of Content you submit or make available for inclusion on the Service.
8. Deletion of Ad Profile/ Membership :- You are always free to delete your matrimonial Ad profile from this Website by sending us a written Email request at the email ID mentioned in Contact-Us page for Ad profile deletion and provide us 7 working days to process the profile deletion. This Agreement will shall remain in full force and effective even after deletion of profile ad and after membership termination. The email request must be sent from the same Email ID which is used during the registration of matrimonial ad profile. You cannot force MySecondMarriage.com to delete your ad before 7 days from receiving this Email request. The profile deletion may also take more than 7 working days of receiving Email request in some cases due to some technical reasons or the other reasons.
9. Member Disputes :
You are solely responsible for your advertisement profile/ communications with other MySecondMarriage.com Members including online message exchange or offline communication elsewhere with these members. MySecondMarriage.com reserves the right, but has no obligation, to monitor disputes between you and other Members. MySecondMarriage.com also reserves the right to take appropriate action against errant members. However, MySecondMarriage.com is not obliged to share such action with other members, including complainants. MySecondMarriage.com expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.
10. Other Terms of Use by Members:
a. MySecondMarriage.com reserves the right in it's sole discretion to review the activity & status of each account & block the account of a member based on such review.
b. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from MySecondMarriage.com and members of MySecondMarriage.com as long as you are a registered member of MySecondMarriage.com. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR). This consent extends to emails, messages or calls relating but not limited to phone number verification and to provide you information related to your profile.
c. Multiple profiles of the same person are not allowed on website. MySecondMarriage.com reserves the right to deactivate all multiple profiles without informing you.
d. Except for the purpose of promoting/ advertising your profile for matchmaking purposes, you cannot 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 email to other MySecondMarriage.com Members. Although MySecondMarriage.com cannot monitor the conduct of its Members off the MySecondMarriage.com Website, it is also a violation of these rules to use any information obtained from other members 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. MySecondMarriage.com reserves the right to take legal action against you under such circumstances.
e. In order to protect MySecondMarriage.com and/or our Members from any abuse / misuse, MySecondMarriage.com reserves the right to take appropriate steps as it deems appropriate in its sole discretion in order to protect interest of other Members.
f. You cannot use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate / contact / respond / interact with MySecondMarriage.com and/or its members.
g. MySecondMarriage.com reserves the right to monitor and/or screen communications/ matrimonial advertisements that you may send to other Member(s) and also regulate the same by deleting unwarranted/ obscene communications/ advertisements at any time at its sole discretion without prior notice to any Member.
h. MySecondMarriage.com Members are expected to exercise simple precautions for their privacy and safety. A suggestive guideline of such precautions is enlisted under Security & Safety Tips given on the website. The URL Link to these security and safety tips are given on the header and footer area of webpages of this Website. By becoming a Member you hereby agree to abide and adhere to the said Tips.
11. Privacy:
Use of the MySecondMarriage.com Site and/or the MySecondMarriage.com Service is governed by our Privacy Policy. The URL link of our Privacy Policy is given at the footer of Website as well.
12. Limitation on Liability:- In no event will MySecondMarriage.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 WebSite or the MySecondMarriage.com Service, even if MySecondMarriage.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MySecondMarriage.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 MySecondMarriage.com, for the Membership Service during the term of membership.
13. Jurisdiction:
This Agreement is governed by the law of India, if any dispute has arisen out of the use Website, you unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in New Delhi, India only.
14. Indemnity:- You agree to indemnify and hold MySecondMarriage.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, fully indemnified and 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 these Terms of Use and/or any breach of your representations and warranties set forth above and/or any fraudulent act on your part.
15. Other:-
By becoming a Member of the MySecondMarriage.com Website, you agree to receive certain specific emails and SMS from MySecondMarriage.com and/or its affiliates. You can unsubscribe at any time for any reason quickly and easily by clicking on the unsubscribe link enclosed in the mail or sending us email ID mentioned in contact-us page in case of stopping SMS. You also understand and agree that MySecondMarriage.com may allow third parties to put up advertisements on this Website, and MySecondMarriage.com does not control the contents of such third party advertisement on this Website. Third party websites to which links are given on this Website are not governed by these Terms and conditions and all such third party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict the terms and conditions of the third party website shall prevail. MySecondMarriage.com does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. You agree that you shall click on links to third party websites at your sole risk and responsibility and MySecondMarriage.com is in not responsible or liable in case for any damage or loss happened due to your this act.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the MySecondMarriage.com website, contains the entire agreement between you and MySecondMarriage.com 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 and then the invalid provision (or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in the original provision (or portion) and the rest of the Agreement will continue in full force and effect. The Agreement constitutes the entire agreement between you and MySecondMarriage.com with respect to the MySecondMarriage.com Website and your use of the WebSite and Service, and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and MySecondMarriage.com regarding the Website and your activities.
Please Contact us through our Feedback Page with any feedback or by using contact details mentioned in contact-us page on website for further questions and clarification regarding this agreement.
I HAVE COMPLETELY READ THIS AGREEMENT, UNDERSTOOD AND AGREE TO ALL OF THE PROVISIONS AND CLAUSES CONTAINED IN THIS AGREEMENT ABOVE.
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