Terms

Last revised: January 20, 2017

Please review the terms described herein carefully. Your use of Promatch is contingent on your acceptance of these terms and all the terms and policies incorporated herein. You cannot use Promatch if you do not agree to these terms, and your use and participation means you agree and accept these terms and conditions. These terms are void where prohibited by law, and the right to access and use Promatch is revoked in any such jurisdiction.


These terms of use (the “Terms”) apply solely to your access to, and use of, NeanTechnosoft Ltd.(herein “Promatch”) Facebook application Promatch, Promatch mobile and internet services, applications for mobile, internet and social platforms and other features, applications or services offered by NeanTechnosoft Ltd. as part of the Promatch experience (the “Services”). You hereby represent and warrant that you are able to accept these Terms. Promatch reserves the right to change or modify these Terms or any policy or guideline of the Services at any time and in its sole discretion. You hereby waive any right you may have to receive specific notice of changes or modifications to the Terms. Therefore, you should periodically review these Terms and all applicable policies as any changes or modifications will be effective immediately once they have been posted online at https://www.promatchapp.com/terms. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of those changes or modifications or if you do not agree to the changes or modifications, you must stop using the Services.
Promatch reserves the right to change or modify these Terms or any policy or guideline of the Services at any time and in its sole discretion. You hereby waive any right you may have to receive specific notice of changes or modifications to the Terms. Therefore, you should periodically review these Terms and all applicable policies as any changes or modifications will be effective immediately once they have been posted online at https://www.promatchapp.com/terms. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of those changes or modifications or if you do not agree to the changes or modifications, you must stop using the Services.

About Promatch

Promatch does not guarantee or certify the accuracy or completeness of users’ profile information displayed through the Website. Neither can Promatch guarantee users’ romantic sentiments as indicated by users through their use of the Website. You may meet, come into contact with, or otherwise interact with other users or other members of Facebook as a result, whether direct or indirect, of your use of the Website; Promatch holds no responsibility for the results of these interactions.

Eligibility to Use the Services

You must be 18 years or older to access or make use of the Services. The Services are not targeted to or intended to be used by anyone under the age of 18.
To play the Services you must comply with these Terms, have a valid Facebook account, and using the Facebook platform sign-up for an account with the Services. You are responsible for maintaining the security of your account and ensuring that no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, you must notify Promatch immediately at admin@promatch.me
If you have previously been suspended or removed from the Services than you may not access or use the Services and by signing in to the Services you represent and warrant that you haven’t been suspended or removed from the Services.

Privacy

Your privacy is important to us. Please carefully review our privacy policy at https://www.promatchapp.com/privacypolicy. Our privacy policy details the way we collect, use and disclose information about you.

Account Ownership

PROMATCH owns your account and content generated by you. You agree that you do not own the account created for your use in the Services, nor do you own any data Promatch or its partners store on their servers (including without limitation any data representing or embodying any or all of the Promatch Content or content submitted by you).

Termination

Notwithstanding any of these Terms, Promatch reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and block or prevent your future access to, and use of, the Services. You may terminate your license to the Services by sending notice to Promatch at admin@promatch.me with the subject line “Termination.”

License to use Virtual Currency and Virtual Goods

Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. The purchase and sale of this limited license is a completed transaction upon receipt of your direct payment or redemption of a third party payment system like Facebook Credits.

Virtual Currency and Virtual Goode

The Services include a virtual, fictional currency (the “Virtual Currency”) including, but not limited to stars or coins. The Services may also include virtual, in-Services digital items (the “Virtual Goods”) that can be acquired in exchange for different types of Virtual Currency. Promatch may charge fees for the right to use Virtual Currency and/or Virtual Goods, or may distribute Virtual Currency and Virtual Goods without charge, in its sole discretion. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Promatch or any other party.

License to use Virtual Currency and Virtual Goods

Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. The purchase and sale of this limited license is a completed transaction upon receipt of your direct payment or redemption of a third party payment system like Facebook Credits.

Availability of Virtual Currencies and Virtual Goods

The length of time a Virtual Currency or Virtual Good is available and/or accessible will be determined by Promatch in its sole discretion. The existence or availability of a Virtual Currency or Virtual Good, specifically or generally, at any point in time, in no way guarantees that Promatch shall continue to make that Virtual Currency or Virtual Good available in the future. Promatch may revise, discontinue, or modify Virtual Goods at any time without providing prior notice and Promatch shall bear no liability of any kind for a Virtual Currency or Virtual Good that is no longer available or accessible. To the extent you earn or purchase any Virtual Currency, Virtual Goods or redeem Virtual Currency for a Virtual Good, we will make the Virtual Currency available to you or, if a gift, your intended recipient, but, any obligation to make such Virtual Currency or Virtual Good available or accessible ends when delivery is complete.

Right to Manage Virtual Currency and Virtual Goods

Promatch has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, in any general or specific case, and Promatch shall have no liability to you or anyone for the exercise of such rights.

Transfer of License Prohibited

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. You may not buy or sell any Virtual Currency or Virtual Goods for actual monies or otherwise exchange items for value in any setting or context. Any attempt to do so is in violation of these Terms and may result in possible legal action.

All Sales Final

You agree that all sales of Virtual Goods and Currencies are final and to pay all fees and applicable taxes incurred by you or anyone using your Account. No refunds will be given, except in Promatch’s sole and absolute discretion. All Virtual Goods and Virtual Currencies are forfeited if your account is terminated or suspended for any reason, in Promatch’s sole and absolute discretion, or if Promatch discontinues providing the Service. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Promatch may revise the pricing for the goods and services it licenses to you through the Service at any time.

Copyright and Limited license

Unless otherwise indicated, the Services and all content and other materials in the Services, including, without limitation, the Promatch logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Promatch Content”) are the proprietary property of Promatch or its sponsors, or licensors.
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 Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
  • 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; and
  • 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 should be provided to the Company’sCopyright Agent at copyright@promatch.me

Use of the Services

Your use of the Services shall be for non-commercial purposes, which means you shall not gather Virtual Currency or Virtual Goods for sale or trade nor shall you sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Currency or Virtual Goods associated with your Account to anyone without Promatch’s written permission. You hereby represent and warrant that you have not and will not access or use an Account, Virtual Currency or Virtual Goods that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Promatch’s consent.

In addition, you shall not:

  • Attempt to use the Services to stalk, harass, abuse, or harm, or advocate or incite stalking, harassment, abuse or harm of another person or group.
  • Post any abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive content or information or any content or information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  • Inappropriately solicit or attempt to solicit personal information from other users of the Services, nor shall you harvest or post anyones private information, including personally identifiable or financial information in or through the use of the Services.
  • Advertise, spam or distribute any malware, spyware or other malicious content in or through the Services.
  • Engage in any illegal conduct or intentionally or unintentionally violate, or promote the violation of, any applicable laws or regulations.
  • Disrupt, overburden, of any computer or server used by or in the Services or become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks) or in any other way attempt to disrupt the Services or any other player’s use or enjoyment of the Services.
  • Cheat or disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services.
  • Attempt to gain unauthorized access to the Services, player accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the Services’ user interface.

User Content

Each user is responsible for any content or information they post or transmit in the Services and Promatch assumes no responsibility for the conduct of any user submitting any content or for the information transmitted by any user. You shall not make available in the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
Promatch assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct, and has no obligation to monitor player content. To the extent Promatch becomes aware of any player content it shall have the right, in its sole discretion, to edit, refuse to post, or remove any player content. As you use the Services, Promatch may monitor and/or record your use of the Services and/or communications while you are playing the Services and you hereby provide your irrevocable consent to such monitoring and recording.

Player Submissions

The Services may provide you and other users the opportunity to submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about the Services (the “Submissions”). Submissions, however they are transmitted, are non-confidential as between you and Promatch and shall become the sole property of Promatch upon receipt. Promatch shall own, and you hereby assign to Promatch, all right title and interest, including all intellectual property rights, in and to such Submissions, and Promatch shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Promatch (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Promatch of such Submissions.

Third Party Content or Advertising

Promatch may, from time-to-time provide third party content in the Services and may provide, as a service, links to web pages and content of third parties (“Third Party Content”). Promatch does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by Promatch, Promatch does not endorse or adopt, and is not responsible or liable for, any Third Party Content. Promatch does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. Promatch undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.

Player Disputes

You are solely responsible for your interactions in the Services with other players and any other parties with whom you interact through the Services and/or Promatch services. Promatch reserves the right, but has no obligation, to become involved in any way with these disputes.
As a condition of using the Services, you release Promatch (and Promatch’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more player of the Services.

Governing Law

This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in New Delhi, India for all disputes arising out of or relating to this Agreement. The complaints shall be redressed in the manner provided under the (Indian) Information Technology Act, 2000 and rules framed thereunder.

Binding Arbitration

Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of Indian Council of Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Delhi, India, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Promatch may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi necessary to protect the rights or property of you or Promatch pending the completion of arbitration.

Equitable Relief

Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of Indian Council of Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Delhi, India, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Promatch may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi,India necessary to protect the rights or property of you or Promatch pending the completion of arbitration.

Binding Arbitration

You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, Promatch shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any Promatch Content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages.

Indemnification

You agree to defend, indemnify and hold harmless Promatch, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related (a) your use of the Services, (b) any player content or submission you post, store or otherwise transmit on or through the Services, (c) your violation of these Terms and/or any other Promatch terms, policies, or agreements, (d) your violation of any other persons rights, or (e) your conduct in connection with the Services.

Disclaimer of Warranties, Limitation of Damages and Release and Indemnity

You agree that the provisions of this section will survive any termination of your account or of the Services.
THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY PROMATCH ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROMATCH DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PROMATCH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROMATCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PROMATCH FOR ACCESS TO OR USE OF THE SERVICES.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST PROMATCH ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, PROMATCH, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.

Force Majeure

Promatch shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Severability

In the event any provision of these Terms are declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.

Waiver and Conflict

The failure of Promatch to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.

Questions

If you have any questions about these Terms and how they relate to the Services please email us at admin@promatch.me with the subject line “Terms Question”.