If you do not agree to these TOU, please do not register for or visit the Meetcha Website. Meetcha may also modify these TOU at any time, without notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view these TOU. Your continued use of the Meetcha Website after any modification will mean you agree to these TOU as modified. If you do not agree to a modification, you should stop visiting Meetcha immediately.
We at Meetcha take these TOU seriously. We believe they are necessary to create a Web atmosphere in which all who come here may feel safe and respected. If we believe you have breached these TOU, we may, without notice, suspend or terminate your ability to access the Meetcha Website and/or any other service, specific content, digital products, products, or events, provided to you by Meetcha, including any personal website.
Users and Registered Members
You may use the site at no cost and without registering (become a “User”) and be able to participate in a very limited amount of features on the site. Visitors to Meetcha may register their identifying information to become “Registered Members.” While Meetcha is intended for people over 40, anyone 18 or older may register. As a Registered Member, you have your own profile that identifies you, and access to certain tools (e.g., profile applications, bookmarking, people search, event search) and other services not available to Users.
To register, you must create and maintain a password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account settings on the Meetcha Website. You agree to immediately notify Meetcha of any unauthorized use of your password or account or any other breach of security. Meetcha cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Premium Members; Fees and Pricing
In order to access all of Meetcha’s features and services, including the ability to communicate with other members and to create your own event gatherings of “People Out Doing Stuff” (“PODS” or a “POD”), you must purchase a membership plan and be a “Premium Member”. Please log in to see our plan page to view the current membership plans and their prices. In addition to membership plans, some events may require registration fees to reserve your place. Please refer to the specific event for pricing details. Please note that our membership policies and event pricing policies are deemed part of these TOU. We may, at our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. We will notify you of any new services and related fees, or any changes in the fees for an existing service; your acceptance of the new service and/or continued use of a service will be deemed to be your agreement to pay all fees and charges relating to the services, including the new fee.
Your Meetcha membership is payable in advance for each membership period, and no portion of the membership fee is refundable. Your membership will be automatically extended for successive renewal periods of the same duration as the term originally selected at the then-current non-promotional membership rate. All amounts are billed in U.S. dollars at the beginning of each renewal period and will appear on your credit card statement as “meetcha.com”. You can change or cancel your automatic billing renewal at any time, by going to the Accounts page. If you cancel your automatic billing renewal, you will have access to membership benefits until the end of your then-current term. You will not be eligible for a prorated refund for any portion of the fees paid for the then-current membership period.
If applicable, your registration fee payment for a POD will be billed when that event has reached its threshold number of participants, upon which you will be notified by email. All amounts are billed in U.S. dollars and will appear on your credit card statement as “meetcha.com”. To change or cancel your reservation to attend the event, you will have access via the event details page for that specific event. No refunds will be given for changed or cancelled reservations.
Promotions; Coupon Codes.
We may from time to time offer promotions such as discounted or waived fees for products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and may expire either in time or total number available.
Information and Representations Provided at Registration and Thereafter
By registering with Meetcha, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form, the payment form and in all descriptive content you post about yourself on Meetcha. If any of your information changes, you agree to update your information as soon as possible. If Meetcha has reason to believe that your registration information, payment information or descriptive content is not complete, current or accurate or that you have otherwise violated these TOU, your account may be subject to suspension or termination, at which time we may delete anything you have posted (including but not limited to information about yourself), and you may be barred from using the Meetcha Website. If your account is terminated for the forgoing reasons, you will not be refunded.
Children Under Age 18
You may register on Meetcha if you are 18 or older. Meetcha is not directed at children under 18 years of age. Any registration, use of, or access to the Meetcha Website by anyone under 18 is unauthorized, unlicensed and in violation of these TOU.
Meetcha does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on Meetcha or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on the Meetcha Website. If we learn that we have collected personal information from a child under age 18 with or without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 18, please contact us using the Submit a Request option on Meetcha Help Central.
By requesting to use, registering to use, or using Meetcha’s services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may register to use, or use Meetcha.
By requesting to use, registering to use, and/or using Meetcha’s services, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. MEETCHA DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Meetcha reserves the right to conduct a criminal background check, at any time and using available public records, to confirm the accuracy of your representation in this section.
Security; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT MEETCHA DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DO WE INQUIRE INTO THE BACKGROUNDS OF MEMBERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL MEETCHA OR TRADE WINDS, 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 MEETCHA SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH MEETCHA, EVEN IF MEETCHA ENABLED SUCH COMMUNICATIONS OR MEETINGS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF MEETCHA, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN PARTICULAR, YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS. IN ADDITION, YOU UNDERSTAND THAT MEETCHA MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE.
Other Parties and Websites
Meetcha is the owner of this Website as a whole and of any individual content on the Website that is provided by Meetcha staff members or contributors who provide work under contract with Meetcha. All Meetcha content is protected under the copyright and intellectual property laws of the United States and other countries. The Meetcha Website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of Meetcha content solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Meetcha.
Content and Comments Posted by Meetcha Members
Meetcha is intended to be a Web destination where individuals communicate with each other. The interactive nature of comments, direct messages and other interactions on Meetcha makes it impossible for Meetcha to assume responsibility for the materials posted by our members. The ideas, suggestions, opinions, comments and observations made by Registered Members and Premium Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by such (all of which are referred to as “Member Content”) are not endorsed by Meetcha, and we make no guarantee regarding the reliability, accuracy or quality of any Member Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Member Content, including any reliance on the accuracy, completeness or usefulness of such Member Content. All Member Content posted to the Website is the sole responsibility of the person who originally posted the Member Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such individual.
You acknowledge that Meetcha may or may not pre-screen or monitor Member Content (for instance, to determine if it was created by the Member posting it or if it is posted without authorization), but that Meetcha and its designees shall have the right (but not the obligation) at their sole discretion to pre-screen, refuse, monitor, move or remove any Member Content from the Website, with or without notice.
Rules of Conduct
In addition to those rules outlined in the Community Guidelines, the following rules of conduct apply to your use of the Website and to any and all materials you post on Meetcha.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any Member Content that
- is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a direct message or letter);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights (such as by posting a photograph, video, or contact information of another person without their consent);
- constitutes a misrepresentation of facts or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited email or spam;
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
- Harm minors in any way;
- Solicit personal information from anyone under 18;
- Use or create inappropriate screen names, interests or events (such as incorporating vulgar terms or attempting to impersonate another person or violating the rights of others);
- Provide false or deceptive information (including impersonating another person or entity);
- Do anything to prevent the full and complete display of advertisements on Meetcha pages. These include, but are not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements on pages within the Website;
- Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing other people’s entries or other Member Content when you have not been granted the privileges to do so; or
- Allow usage by others in such a way as to violate these TOU.
You may not, except with Meetcha’s express advance authorization or in a specially designated area, use the Website to:
- upload, post, email or otherwise transmit any Member Content that provides any personal telephone numbers, street addresses, last names, URLs or email address;
- engage in commercial activities within Meetcha (such as advertising or selling products or services or inducing any users of the Website to enroll in a promotional or money-making enterprise); or
- solicit donations for any purpose.
Although Meetcha provides these rules of conduct, Meetcha does not control and is not responsible for other’s activities regarding the Website. Meetcha assumes no responsibility for monitoring Member Content or conduct that may violate these TOU, including these Rules of Conduct. With regard to any third party rights, Meetcha relies on Members’ representations that they are either the creator of Member Content or have authorization to distribute it. If at any time Meetcha chooses, at its sole discretion, to monitor or investigate any Member Content or conduct, Meetcha nonetheless assumes no responsibility for such Member Content or conduct, and no obligation to modify or remove any Member Content or take action with regard to such Member.
Meetcha PODS and POD Creators
Both Meetcha and Premium Members may arrange PODS where groups of Meetcha Registered and Premium members may meet at venues (“Venue” or “Venues”) which may include, but are not limited to, public parks, private homes, or private enterprises (such as coffee shops, restaurants, or retail stores). Meetcha does not supervise these PODS and is not involved in any way with the actions of any individuals who are present PODS. As a result, we have no control over the identity or actions of the individuals who are present at PODS, and we request that our members to exercise caution and good judgment when attending PODS. The section of these TOU, entitled “Security; Limitation of Liability” applies to PODS (among other Meetcha-related communications and interactions), and we encourage you to review the provisions of that section.
The Premium Member who creates a POD is the “POD Creator”. The POD Creator may invite other Premium and Registered Members by way of a list of recommended members provided by Meetcha. He or she is responsible for all dealings with the Venue and for arranging for payment of any costs relating to the POD. Typically, each person attending the POD is responsible for paying his or her own food, drink, and activities costs. We encourage POD Creators to create events at venues that do not charge reservation or other fees, but charge individually only, based on each individual’s usage. The POD Creator is encouraged to set a positive tone for the PODS and to report to Meetcha any abuse or violation of these TOU.
The POD Creator agrees to comply with these TOU in publicizing and communicating about the POD, and in conducting the POD. POD Creators may not, except with Meetcha’s express advance authorization, take money for a POD nor benefit financially. Meetcha may take any or all of the actions described “Disputes”, below, and/or the following actions, with regard to a POD that Meetcha in its sol discretion believes does not comply with these TOU:
- delete an entire POD;
- change POD Creator status;
- change any POD content (including but not limited to the title, description, gender balance, and photos posted on the Website).
POD Creator status and responsibilities may not be transferred or delegated without Meetcha’s consent, which may be obtained by contacting Meetcha. Should a POD Creator cancel his or her membership, or should Meetcha suspend or terminate a POD Creator’s membership, Meetcha may transfer and delegate POD Creator status and responsibilities or delete the entire POD.
Meetcha respects the intellectual property of others, and we ask our Registered Members and Premium Members to do the same. Thus, in your use of and interactions with Meetcha and the Website, you may not post, modify, distribute or reproduce in any way any Member Content that is copyrighted material belonging to others, without obtaining their prior written consent. Meetcha reserves the right, at its discretion, to remove any Member Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Members who we believe to be infringers.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www.copyright.gov/title17/92chap5.html#512.
Meetcha’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attention: Copyright Agent
PO Box 712, Station “U”
Toronto, Ontario, Canada
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
You are solely responsible for your interactions with others relating to or arriving from the Website. Meetcha reserves the right, but has no obligation, to monitor or take action regarding disputes between parties. If there is any dispute or potential dispute as to whether Member Content was posted without necessary authorization or in violation of any third party’s rights, then Meetcha shall have the right, but is not obligated, to investigate the matter in any way it deems appropriate at its sole discretion. In addition, Meetcha may at its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the Website, and removing any Member Content. You agree to abide by and cooperate with the resolution of any dispute as determined by Meetcha.
You agree to indemnify and hold Meetcha harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or other Meetcha services; your violation of these TOU or your violation of any rights of another; any Member Content you submit, post, or otherwise make available through the Website; or your connection to the Website. For purposes of the Indemnity promision, “Meetcha” is deemed to include Meetcha and Tradewinds and its subsidiaries, affiliate, officers, agents, employees, partners and licensors.
General Practices Regarding Use and Storage
Meetcha may establish general practices and limits concerning use of the Website, including, for example, limits on the number of:
- days that uploaded content and Member Content will be retained
- files (including graphics, photographs, videos or sound/music files) that may be posted
- disk space that will be allotted on Meetcha’s servers on your behalf, and
- times you may access the Website in a given period of time (and the maximum duration of your visits to the Website).
You agree that Meetcha has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content, provided by you or otherwise, maintained or transmitted by Meetcha.
Modifications to the Website
Meetcha reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Meetcha shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website, even though such action renders your account or any Member Content irretrievable.
Meetcha may, under any circumstances and without prior notice, immediately terminate your Meetcha account and access to the Website or any other Meetcha or Trade Winds services. Cause for such termination shall include, but not be limited to: a) breaches or violations of these TOU or other incorporated agreements or guidelines; b) requests by law enforcement or other government agencies; c) a request by you (self-initiated account cancellations); d) discontinuance or material modification to the Website (or any part thereof); e) unexpected technical or security issues or problems; f) extended periods of inactivity; g) engagement by you in fraudulent or illegal activities; and/or h) nonpayment of any fees owed by you in connection with the Website or any other Meetcha products or services. Termination of your Meetcha account may include: a) restriction of access to the Website or any other Meetcha or Trade Winds services; b) removal of your Profile and Member Content associated with or inside your account (or any part thereof); and c) barring of further use of the Website. Further, you agree that all terminations shall be made at Meetcha’s sole discretion and that Meetcha shall not be liable to you or any third party for any termination of your account, any associated email address or access to the Website. If Meetcha terminates your account because you have breached this Agreement, you will not be entitled for any refund of unused membership or event fees.
You may terminate your membership at any time, for any reason. You can change or cancel your automatic billing renewal at any time, by going to the Accounts page. To cancel your membership and remove your profile, send an email notice of cancellation to email@example.com with the word “cancel” in the subject of your message.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. Meetcha and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Meetcha and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (1) the Website or any other Meetcha services will meet your requirements; (2) the Website will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the Website will be accurate, reliable, or appropriate to your needs or requirements; (4) the quality of any products, services, information or other material purchased or obtained by you through Meetcha will meet your expectations; and (5) any errors in the software will be corrected; (6) offline or in person events attended will meet your expectations. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Meetcha or through or from the Website shall create any warranty not expressly stated in these TOU.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Website. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you or anyone in your family has an epileptic condition, consult your physician prior to using the Website. Immediately discontinue use of the Website and consult your physician if you experience any of the following symptoms while using the Website: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, or any involuntary movement or convulsions.
Limitation of LiabilityIn addition to the understanding expressed in the TOU section titled “Security;Limitation of Liability” (which section is incorporated int this limitation of liability), you expressly understand and agree that Meetcha and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Meetcha has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the Website; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Website, or whom you encounter as a result of the Website; or (5) participation in any event relating to Meetcha, whether or not the event is sponsored, endorsed, or advertised by Meetcha, or (6) any other matter relating to the Website or Meetcha.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.
Meetcha may provide you with notices, including those regarding changes to these TOU, by email, regular mail or postings on the Website.
Please report any violations of these TOU, including objectionable Member Content or behavior, to firstname.lastname@example.org. Please state the reasons for your concern and provide a link to the Member Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Meetcha at its sole discretion may investigate the matter and take such action as Meetcha determines to be appropriate.
Meetcha’s failure to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. This means that Meetcha may at any time choose to take an action that it is permitted or legally entitled to take, even if Meetcha has not taken such an action in the past, in the same or a similar situation.
These TOU were last revised on April 1, 2011.