Transpacific Marriage Agency Agreement
You must be at least eighteen years old and NOT MARRIED to register as a Member of TMA or use the Website. You affirm that you are in sound physical and mental health and able to conduct a normal social and married life. Service may be refused for any reason, in the sole judgment of TMA, to people TMA determines are unsuitable. By using the Website or our Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Membership in the Service is void where prohibited.
This Agreement will remain in full force and effect while you are a Member or a user of TMA. You may terminate your membership at any time, for any reason, by notifying TMA of your intention to do so. If you violate this Agreement, TMA may terminate your membership, effective upon sending notice to you at the email address you provide in your application for membership, or other email or postal addresses you provide to TMA. In the event that you terminate your membership or TMA terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused membership fees.
3. Registration and Membership.
The price list is part of this Agreement and we reserve the right, at any time, to change any fees or charges for using the Service. If and when you register to become a Member, you agree to provide accurate, current and complete information about yourself and abide by the terms of the International Marriage Brokers Act. You agree that we may rely on your registration data as accurate, current and complete.
4. Profile & Photo Distribution.
You grant TMA permission to distribute your profile & photo. You understand that some editing of your profile and photo by TMA may be necessary. TMA will distribute your profile and photo for a minimum of one year unless you request TMA to stop. You agree to notify TMA upon becoming engaged or married so that TMA can cease distributing your profile and photo.
5. Email Communications.
You agree to accept and consent to receiving email communications initiated from us or through us including but not limited to: message notification emails, emails informing you about events, emails informing you of promotions we run and emails informing you of changes to the Service.
6. Non-Commercial Use by Members.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Service, use of the Service, or access to the Service. TMA is for the personal use of individual Members and viewers only and may not be used in connection with any commercial enterprise. Organizations, companies, and/or businesses may not become Members of TMA and should not use the TMA Service or Website for any purpose. Illegal and/or unauthorized uses of the Website or Service, including unauthorized framing of or duplication of content of the Website or the sending of unsolicited bulk commercial e-mail will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
7. Proprietary Rights to Content.
TMA owns and retains other proprietary rights to the TMA Website and the TMA Service. The Website contains the copyrighted material, trademarks, and other proprietary information of TMA, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. Content on the Website, in Members' Personal Profiles, and in Communications between Members.
- You must use the Service in a manner consistent with any and all applicable laws and regulations. You understand and agree that TMA may monitor, review, and delete any content, including, but not limited to, messages, photos, videos, profiles, text, graphics, and written or oral communications (collectively, "Content") which does or may, in the sole judgment of TMA, violate the terms of this Agreement or which might be considered offensive or illegal and/or that might violate the rights or otherwise harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or send to other Members.
- By asking TMA to post Content to any public area of the TMA Website, you automatically grant, and you represent and warrant that you have the right to grant to TMA irrevocable, perpetual, fully paid, worldwide permission to use, copy, perform, display, and distribute such information and content on the TMA Website.
The following is
a partial and non-exhaustive list of the kind and type of Content that is
illegal or prohibited on the Website, in Members' Personal Profiles and in
communications between Members. TMA reserves the right to investigate and
take appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the
offending communication from the Service and terminating the membership of
such violators. It includes Content that:
- "stalk" or otherwise harass any person;
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18, or harm minors in any way;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- You may not include in your Member profile any telephone numbers, street addresses, last names, URL's or email addresses.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not send any chain letters or junk email to other Members. Although TMA cannot monitor the conduct of its Members, 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.
9. Copyright Policy.
It is not acceptable to post, distribute, or reproduce, in any way, any copyrighted material, trademarks, service marks, or any other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. For any copyright complaints that constitute copyright infringement, please send an email to .
10. Member Disputes.
As a Member of TMA, you are solely responsible for your interaction with other Members. TMA reserves the right, but has no obligation, for any reason, to mediate disputes between Members. If problems of any sort arise between clients, the clients themselves must solve them without assistance from TMA. TMA assumes no liability for what happens between clients. The individual clients themselves are responsible for their own behavior
Please view the policy at
http://www.tma-marriage.com/privacy.htm to understand adequately the policy standards of TMA.
12. Confidentiality of Members' Contact Information.
You understand and agree that any contact information of other Members that is released to you is not to be given to anyone else. This contact information, when authorized for release to you, is authorized for release to you only and may not be shared with others, whether or not they are TMA Members.
TMA, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the TMA Website or in connection with the TMA 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 TMA Service whether online or offline. Under no circumstances can TMA be responsible for any loss or damage resulting from anyone's use of the Website or the Service and/or any content posted on the TMA Website or sent to TMA Members, nor can TMA be responsible for any misuse and/or copying of Website and Service content undertaken by any unauthorized individual or individuals, whether or not they are Members. The Website and the Service are provided "AS-IS" and TMA expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TMA cannot guarantee and does not promise any specific results from use of the Website and/or the TMA Service.
14. Limitation on Liability.
In no event will TMA be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of this Website and/or Service, even if TMA has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, TMA '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 TMA for the Service during your membership or use term.
If there is any dispute about or involving the Website and/or the Service, you agree that the dispute will be governed by Japanese law. You agree to personal jurisdiction by and venue in the courts of Otaru, Japan.
You agree to indemnify and hold TMA, its subsidiaries, affiliates, officers, agents, and other partners and employees, 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 this Agreement and/or any breach of your representations and warranties set forth above.
TMA cannot guarantee that a particular client will succeed at finding a marriage partner, because success depends on factors beyond TMA's control. Fees are non-refundable except in exceptional cases. Any refund or partial refund must be mutually agreeable.
18. Asking for Money or Loans.
Under NO circumstances is one client to ask another client for money or loans in any form. Doing so will result in immediate termination of that client's membership. TMA reserves the right to report violators to law enforcement authorities and pursue both criminal prosecution and civil redress to the fullest extent of the law. For international cases, Interpol as well as law enforcement in the violator's home country will be notified.
This Agreement, accepted upon becoming a Member of the Service, contains the entire agreement between you and TMA regarding the use of the Website 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. Please contact us with any questions regarding this Agreement.