| Welcome to Minglecafe.com, an online personals service helping adults with life challenges or disabilities to connect with like individuals operated by MingleCafe.com, LLC ("Minglecafe.com" or “The Website”). Although this service is geared towards the disabled community, being disabled is not a requirement to join. By registering and using the Minglecafe.com website, you agree to be bound by these Terms of Service (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 Minglecafe.com service (the "Service"), read these Terms of Use and indicate your acceptance of them. THIS IS AN ADULT WEBSITE AND YOU MUST BE 18 YEARS OF AGE TO JOIN. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by MingleCafe.com LLC from time to time.
We reserve the right at any time to:
a. change the terms and conditions of this agreement;
b. change the site, including eliminating or discontinuing any content or feature of the site; or
c. charge for using the site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, but not limited to, posting on the site or email. Your use of the site after such notice will be deemed acceptance of the changes. Be sure to review this agreement periodically to ensure familiarity with the most current version.
1. Eligibility. You must be 18 or over to register as a member of Minglecafe.com or use the Website. By becoming a member, you represent and warrant that you are at least 18 years old. Membership in the Service is void where prohibited. By using the Website, 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.
2. Username and password. As part of the registration process, you will be asked to select a username, password and member id. We may refuse to grant any username or member id that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine at our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at the 'My Account' page after logging on to Minglecafe.com, and immediately notify us by emailing us at legal@minglecafe.com. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted on your account.
3. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason. MingleCafe.com LLC may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to MingleCafe.com, LLC. Even after membership is terminated, this Agreement will remain in effect. Currently use of the service is free however MingleCafe.com, LLC reserves the right to turn the site into a fee based subscription service at any time. Members who sign up for free are not granted the right to a 'free lifetime membership' but rather will have the option of discontinuing their membership or paying the subscription fee, if and when this occurs.
4. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
5. Intellectual Property. MingleCafe.com contains copyrighted material, trademarks, and other proprietary information of MingleCafe.com LLC, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. Content Posted on the Site.
a. You understand and agree that MingleCafe.com LLC may review and delete any content, messages, MingleCafe.com LLC Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of MingleCafe.com LLC violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area of Minglecafe.com, you automatically grant, and you represent and warrant that you have the right to grant, to MingleCafe.com LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial but not exhaustive list of the kind of Content and/or behavior that is illegal or prohibited on the Website. MingleCafe.com LLC 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:
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is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
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promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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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;
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you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
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provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
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provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
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solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
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engages in commercial activities and/or sales without our priorwritten consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
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you will not express or imply that any statements YOU make are endorsed by US;
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you will not modify, adapt, sublicense, translate, sell, reverseengineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so; and
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you will not solicit money from other users.
e. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
f. 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 transmit any chain letters or junk email to other Members. Although MingleCafe.com LLC cannot monitor the conduct of its Members off the Website, 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. In order to protect our Members from such advertising or solicitation, MingleCafe.com LLC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MingleCafe.com LLC deems appropriate in its sole discretion.
g. Opinions, advice, statements, offers or other information or content made available through the service but not directly by MingleCafe.com LLC are those of their respective member-authors and should not be, and should not necessarily be relied upon. Such members are solely responsible for such content. MingleCafe.com LLC does not guarantee the accuracy, completeness or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will MingleCafe.com LLC be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service or transmitted to members. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the service. We reserve the right to remove any such material that, in our sole discretion, violates, or is alleged to violate, the law or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the service and in your email and IM messages to other members on the site.
The site may contain links to other internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.
7. Copyright Policy. 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. By posting information or content to any area of Minglecafe.com, you automatically grant, and you represent and warrant that you have the right to grant, to MingleCafe.com LLC and other members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
8. Member Disputes. You are solely responsible for your interactions with other Minglecafe.com Members. MingleCafe.com LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy
10. Disclaimers. MingleCafe.com LLC is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. MingleCafe.com LLC is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. MingleCafe.com LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. MingleCafe.com LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will MingleCafe.com LLC be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and MingleCafe.com LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MingleCafe.com LLC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability. IN NO EVENT WILL MINGLECAFE.COM LLC BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMIATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH MEMBERS OF THE SERVICES OR VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL OR FINANCIAL DAMAGES, BODILY INJURY, AND/OR EMOTIONAL DISTRESS AND DISCOMFORT.
12. U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the United States without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the United States. This agreement shall not be governed by the United Nations convention on contracts for the international sale of goods, the application of which is hereby expressly excluded.
14. Indemnity. You agree to indemnify and hold MingleCafe.com LLC, its subsidiaries, affiliates, officers, agents and third parties, 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.
15. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and MingleCafe.com LLC 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.
Your registration on the site displays to us that you have read and agree with the Terms of Service. If you do not agree, then please do not register with us.
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