The Terms and Conditions defines your use regarding our Web site and your membership while using our services. The provisions in this agreement that govern your use of the Web site may be modified or revised without prior notice. It is your obligation and responsibility to periodically review all terms and conditions governing the relationship of the parties defined in this Agreement and to adhere to the terms and conditions.
Full Member: Full Members are those Members who been a members for at least three months. This applies to both Male and Female members. CMI will only submit Paid Members to an Independent Reporting Agency if requested. Submission may be required for USA citizens and non-citizens residing in the USA (See IMBRA Compliance).
Web Site Usage: The Web site can only be used for lawful purposes by members seeking friendship, companionship, discussions or a foreign partner for marriage. You must be 18 years of age or over to register as a Member. By registering, you acknowledge that you enter into this Agreement freely and agree to abide by all restrictions defined herein.
CMI reserves the right to alter, suspend, or discontinue any aspect of the Services at any time. This includes limiting your use of part or all of the Services. Suspension of Services may be with or without notice.
User ID and Password: During the registration process, you create a unique username and password that is associated with your new account. You also agree at the time your account is activated to abide by all Terms and Conditions. You are solely responsible for maintaining the confidentiality of your password, and are accountable for all activities that occur under your account. You are prohibited from sharing your password with any third party and from using your password for any unauthorized purpose. You may not assign or transfer access privileges to any other person or entity. You agree to notify CMI of any unauthorized use of your account or any other breach of security. This software monitors use from multiple IP addresses.
Duration: This Terms and Conditions remains in effect while you use the Web site and/or are a Member. Even after your membership ends, certain sections may still apply. You can terminate your Membership at any time without contacting us. However, unused paid time left on your membership is not refundable. CMI reserves the right to terminate your membership at any time. If your membership is terminated because you are found in violation of the Terms and Conditions, access to your account may be immediate.
Commercial Use. The Web site cannot be used for commercial gain. Organizations, companies, and/or businesses are prohibited from using our Services or the Web site for any purpose, commercial or otherwise. Illegal and/or unauthorized use of the Web site will be prosecuted to the fullest extent. In some cases, specific Independent Agencies or Matchmaking organization in China or other countries may have agreements with CMI through a partnership agreement.
Security Concerns: Users, visitors, members are prohibited from violating or attempting to violate the security of the Web site. CMI is not responsible for the loss or misuse of any data or member information that is obtained by unauthorized access or through the illegal acts of any user or any third party. Violations of the system or network security can result in civil or criminal liability. CMI investigates all occurrences that may involve such violations, and can involve cooperation with law enforcement authorities to prosecute users found guilty of such violations.
Posted Content. You agree that CMI can review and delete any messages, photos, profiles, or other content that violates the acceptable content policy. You are responsible for the content that you post or transmit to other Members using our Services. When posting content to any public area of the Web site such as your profile, email message to CMI, or on your blog, you automatically grant CMI the right to use, copy, display, and distribute such information and content as it sees fit. CMI will not display or distribute any content that is consider private or harmful to the member or other members.
Prohibited Content: The following defines the type of Content prohibited on the Web site whether it is in your profile, email messages, or instant messages. CMI reserves the right to remove any content that it consideres inappropriate. Members who violate this acceptable content policy may be banned or suspended. (Also see User Agreement) Unacceptable content includes content that:
Solicits passwords or personal identifying information from other users for commercial or unlawful purposes
Displays pornographic or sexually explicit material and includes the obscene, offensive, illegal or otherwise objectionable material
Transmit junk mail or unsolicited mass mailings
Promotes harassment, racism or physical violence of any kind against any group or individual.
Refers to a competitor's services or web sites
Disseminates copyrighted work, other than their own
Installs viruses, spy ware or other computer programming routines or engines that are intended to cause damage or intercept any system, data, or information
Contains Telephone numbers, mailing addresses, URLs, IDs, email addresses or any other form personal contact information of anyone, regardless of whether it belongs to a member.
Privacy Policy: CMI considers your personal data important, confidential and private. By using the Web site, users are assumed to be familiar with, and agree to, the conditions and limitations in the Privacy Policy. (See Privacy Policy)
Member Disputes: Members are responsible for their interactions with one another. CMI does not have any obligation to monitor disputes that may arise between any Members. However, CMI will remove any Member or user's profile or account if CMI believes a member to be a threat to others. CMI does provide a link to report other members and will follow up on all reports and elect to suspend a member's account until completion of the investigation.
Your Results: CMI cannot guarantee specific results from use of the Web site or our Services.
Errors and Omissions: CMI is not responsible for any incorrect or inaccurate content posted on the Web site, regardless of its origin since errors, omissions, and interruptions in the availability of Services can occur. You agree to hold CMI harmless from any loss or damage incurred by you as a result of such occurrences. CMI is not responsible for the conduct of any Member of the Web site and is not be responsible for any loss or damage resulting from the interactions between users of the Web site. To provide the Services, CMI may purchase services from various Independent Agencies located in China, the USA or other countries. The Independent Agency providing services are independent contractors and CMI is not responsible for the actions of any Independent Agency that can include their failure to deliver services in part or in full. While we cannot be help responsible, we do ask that all Independent Agencies act in a professional and ethical manner.
Sending Money: CMI warns all Members that sending money to any Foreign National Member does not guarantee or secure the further development of a relationship and could result in financial loss. If a Member decides to sends money or information on how to obtain money from a financial institution or money transfer organization, CMI is not liable for any direct, indirect, incidental financial damages or emotional distress that arise as a result.
Liability Limitations: CMI uses advanced technology to carefully maintains the Web site. However, you acknowledge that any collection and compilation of data entails the likelihood of some errors, omissions, delays, interruptions, and losses, including inadvertent loss of data that can give rise to loss or damage. CMI is not liable to you or any third person for damages or costs arising from your use or inability to use the Web site or our Services. CMI makes no representation or warranty with respect to the accuracy or completeness of the Web site's content and disclaims any warranty, express, implied. CMI is not liable for errors, omissions, delays, or losses. You agree that CMI is not liable for the results of your use of the Web site. You also agree that to hold CMI harmless for any claims, losses, or damages arising under the Terms of Services and/or Services performed, including negligence, exceed the amount paid by you for Services you received during the term of membership, even if CMI have been advised of the possibility of such potential claim, loss, or damage. The foregoing limitation of liability and exclusion of certain damages apply regardless of the success or effectiveness of other remedies.
Indemnity: You agree to indemnify CMI from any and all third party claims, liability, damages, and/or costs (including but not limited to attorney's fees) arising from your use of our Services in a manner that violates or is alleged to violate the Terms of Services, or from any charges or complaints made by other users against you.
Purchases: Services purchased on the Web site can only be made using a credit card, PayPal or other payment method sanctions by CMI. A Member must be an authorized user of the credit card, paypal account used to make purchases on the Web site. If any discrepancy appears between the name on a credit card and the Member's profile, CMI will notify the member requesting an explanation for the discrepancy. Members must verify authorized use of the credit card in order to avoid removal of their profile. All purchases are governed and limited by the policies and procedures of CMI.
Refund Policy: You acknowledge that CMI is not obligated to offer a refund on any valid, properly executed order for any Services. Regardless of whether you email messages go unread or you do not receive a reply, they are considered properly executed orders and do not entitle you to a refund. CMI is not obligated to offer a refund based upon your personal success (or lack thereof) when using the Web site or our Services. Dissatisfaction does not entitle you to a refund. Neither are refunds issued due to your failure to make yourself aware of the Web site functionality.
Chargeback Policy: By using the Web site and/or Services, you hereby acknowledge and agree that the purchase of membership package listed on the Web site that provides the ability to use our Services through ChinaMiss.com, including, but not limited to email messaging, instant messaging, and live video streaming, constitutes value received.
Furthermore, you agree that you will not initiate any chargebacks in an attempt to secure a refund, as any attempt to do so would constitute a violation of the terms of the purchase. Having acknowledged value received, you agree that any effort to initiate a chargeback is a misrepresentation of fact and could be construed as an act of fraud.
Membership Purchases: By using the Web site and/or Services, you acknowledge and agree that the purchase and receipt of any membership package listed on the Web site that provides access and the option to our Services through ChinaMiss.com constitutes value received. Membership does not automatically renews. Should you no longer wish to use your membership, you agree to cancel by accessing the Cancel Membership link located in your Account Settings Page. You acknowledge and accept that by canceling your membership, does not entitle you to a refund for unused months.
You agree that you will not initiate any credit card chargebacks to secure a refund, prior to, after, or in lieu of canceling your membership, as any attempt to do so would constitute a violation of the terms of the purchase. You agree that any effort to initiate a chargeback would be a misrepresentation of Terms of Services and could be construed as fraud.
Membership Renewal: Male members can decided to renew or end membership before or after expiration of your membership. CMI may contact you to renew before any loss of privileges occurs with your existing membership. As a male paid member, once your paid membership expires, it is moved to Free Membership, allowing you upgrade at any time. After a period of inactivity, you membership may be removed completely from the site. The period of inactivity to be determined by CMI. Female memberships do not expire, but may be suspended, removed upon complaint by other member, removed after a period of inactivity, removed for invalid email address or other reasons at the discretion of CMI.
Loss of Service: CMI is not liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, hurricanes, earthquakes, natural disasters, strikes or other labor problems, or governmental restrictions.
In case any one or more provisions contained in this Agreement shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality shall not effect any other provision of this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
Governing Law. This agreement for all purposes is entered into in the State of New Jersey. The Member agrees he/she is subject to the jurisdiction of the State of New Jersey and waives any right to defense for lack of jurisdiction. Venue for any and all disputes between the Member and CMI, including, but not limited to, any claims for violation of any statute, contract, tort or common law, shall lie exclusively in Hudson County New Jersey. Members agree to waive any claim for jury trial in any dispute between the parties.
