Transpacific Marriage Agency Agreement
Welcome to Transpacific Marriage Agency ("TMA"), a service for matching Japanese
women to men of all nationalities. Please read this agreement before registering
for the service. By using TMA services and/or the TMA Website (the "Website")
you agree to be bound by the terms and conditions set forth in this Transpacific
Marriage Agency Agreement (this "Agreement"), whether or not you register as a
member ("Member"). If you wish to become a Member and communicate with other
Members and make use of the TMA service (the "Service"), read this Transpacific
Marriage Agency Agreement and indicate your acceptance of this Agreement by
following the instructions in the registration process. If you do not agree with
the terms and conditions of this Agreement, you aren't eligible to register with
the Service. The Transpacific Marriage Agency Agreement is subject to changes
made by us, at any time, effective upon notice to you, which notice shall be
deemed to have been provided upon our posting at http://tma-marriage.com/agreement.htm
of the current version of this Agreement on the Service. This Agreement sets out
the legally binding terms of your use of the Website and your membership in the
Service and is subject to changes by TMA, at any time, whereby such
modifications to be effective upon posting by TMA on the Website. This Agreement
includes Content on the Website, in Members' Personal Profiles, and in
regarding the Website.
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
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
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
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:
otherwise harass any person;
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful or racially,
ethnically or otherwise objectionable;
information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
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;
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;
restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
passwords or personal identifying information for commercial or unlawful
purposes from other users;
transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming";
pornographic or sexually explicit material of any kind;
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;
instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses; and
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://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 Sapporo, 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. We offer a 30 day full refund policy, except in cases where clients have violated the terms of this Agency Agreement. After 30 days there are no guaranteed refunds, and any refund or partial refunds granted after that point 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 client'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.
© Transpacific Marriage Agency (TMA)