TERMS OF SERVICE FOR NEXTC, LLC

1/ Introduction

Welcome to Mingle2! By using our services, you accept and agree to be bound by these Terms of Use ("Terms"), along with our Privacy Policy, Cookie Policy, Code of Conduct, and Safety Hub. Please ensure that you carefully read and understand these documents before setting up your account.

We may modify these Terms over time. Therefore, we encourage you to review this section periodically to stay informed of any updates. If you continue to use our services after any modifications are made, this indicates your acceptance of the revised Terms and you agree to be bound by them. If you disagree with any updates, you must stop using our services immediately. We also reserve the right to change the availability of features in our subscription plans at any time.

2/ Account Eligibility and Your Responsibilities

Before registering for Mingle2, confirm that you meet our eligibility criteria. Below is a comprehensive guide outlining permissible actions, prohibitions, and the rights you grant to Mingle2 while using our Services.

Eligibility Requirements: You may only create an account and use our Services if you:

  • Are an individual (not a corporation or other business entity) and are at least 18 years old.
  • Can legally enter into a binding contract with Mingle2.
  • Are not located in a country that is under a U.S. Government embargo or designated as supporting terrorism.
  • Are not on any U.S. Government list of prohibited or restricted parties.
  • Are legally permitted to use our Services.
  • Have not been convicted or pled no contest to a felony, a sex crime, or any crime involving violence, unless you have received clemency for a non-violent crime and are deemed non-threatening.
  • Are not required to register as a sex offender.
  • Do not have more than one account on our Services.
  • Have not previously been removed from our Services or those of our affiliates, unless reinstated with written permission.

If at any point you no longer meet these criteria, your access to our Services is revoked immediately, and you must delete your account. We also reserve the right to terminate your access without notice.

Your Responsibilities: You agree to:

  • Adhere to these Terms and review them regularly for updates.
  • Comply with all applicable laws, including those concerning privacy, intellectual property, and anti-spam.
  • Use the latest version of our Website and/or App.
  • Follow the Code of Conduct and Safety Hub.
  • Secure your login information.

Prohibitions: You agree NOT to:

  • Misrepresent your identity, age, or affiliations.
  • Use the Services in ways that could harm or disrupt them or other users.
  • Engage in illegal or harmful activities such as money laundering or financial crimes.
  • Harass, bully, stalk, intimidate, or harm others.
  • Post or share content that is prohibited (defined below).
  • Solicit passwords or personal information for commercial or unlawful purposes.
  • Ask for money or other valuables from other users.
  • Use another user’s account.
  • Engage in fraud, pyramid schemes, or similar practices.
  • Use the Services for political campaign purposes beyond sharing personal opinions.
  • Violate the licensing terms granted by Mingle2.
  • Disclose private information without the proper rights.
  • Copy, modify, distribute, or create derivative works from content accessible through our Services without permission.
  • Imply endorsements by Mingle2 without authorization.
  • Use automated means to access, retrieve, or manipulate our Services.
  • Upload viruses or malicious code.
  • Disguise the origin of information transmitted through our Services.
  • Use our Services to "frame" or "mirror" content without authorization.
  • Use meta tags or other methods to direct traffic elsewhere.
  • Reverse engineer any part of our Services.
  • Develop applications interacting with our Services without consent.
  • Use or publish our API without permission.
  • Test the vulnerability of our systems or networks.
  • Promote activities that violate these Terms.
  • Create a new account after suspension or termination without permission.
  • Submit false reports about members or content.

Prohibited Content: Content is prohibited if it is:

  • Offensive, harassing, obscene, pornographic, or violent.
  • Abusive, threatening, discriminatory, or promoting hatred or bigotry.
  • Encouraging illegal or harmful activities.
  • Defamatory or untrue.
  • Related to commercial solicitations, advertisements, and spam.
  • Containing malware or malicious code.
  • Infringing on third-party rights.
  • Not created by you without Mingle2’s authorization.
  • Including images of others without consent.
  • Inappropriately depicting minors.
  • Inconsistent with the intended use of our Services.
  • Potentially damaging to the reputation of Mingle2 or its affiliates.

Uploading or sharing prohibited content may result in the immediate suspension or termination of your account.

3/ Privacy

Your privacy is important to us. We maintain a dedicated Privacy Policy that outlines how we handle your personal information. It is essential that you read and understand our Privacy Policy.

For details on how Mingle2 and its affiliates collect, use, and share your data, please refer to the Privacy Policy. By using our Services, you agree to the processing of your personal information as described in our Privacy Policy.

4/ Content

Understanding your rights and responsibilities regarding content on our Services is crucial. It's essential to adhere to the rules about what you can post and share.

Types of Content:

  1. Your Content: This includes any content you upload or provide, such as text, images, videos, audio, and other materials, including profile information and direct messages.
  2. Member Content: This consists of content uploaded or provided by other users.
  3. Mingle2 Content: This includes all the content that we provide.

Content Guidelines:

  • Moderation: For details on how we moderate content, please refer to our Safety Hub page.

4.1/ Your Content

You own and are solely responsible for Your Content. Ensure that anything you share is appropriate, does not violate this Agreement, and does not expose you or us to legal issues.

  • Responsibility: You are liable for Your Content and must indemnify and hold us harmless from any claims related to it.
  • Accuracy: You warrant that all information you provide is accurate and up-to-date, reflecting any changes as necessary.
  • Appropriate Content: Your profile should only include relevant information in line with the intended use of our Services. You must not upload Prohibited Content and must adhere to our Code of Conduct. Avoid displaying sensitive information such as contact or banking details. Sharing personal information is at your own risk.
  • Visibility and Sharing: Be mindful that your profile is visible globally. Other users can view and potentially share Your Content with third parties. By posting Your Content, you grant us the necessary rights and licenses to use it as detailed in Section 7.
  • Content Tools: We may offer tools to enhance your content; however, you remain responsible for its creation and accuracy.
  • Monitoring: We reserve the right to monitor, remove, or edit Your Content at our discretion without obligation to display it.

4.2/ Member Content

While you can access Member Content, it remains the property of the user who posted it.

  • Usage Restrictions: You may not copy or use Member Content beyond the intended purposes of our Services, such as for communication and interactions with other users. Misuse of Member Content, such as for harassment or unlawful activities, can lead to account termination.
  • Verification: Always verify the accuracy of Member Content, as it may contain biased or misleading information.

4.3/ Mingle2 Content

Mingle2 retains ownership or licensing rights over all other content on our Services.

  • Intellectual Property: All trademarks, logos, sounds, images, and other intellectual properties are owned, controlled, or licensed by us and are protected under copyright and trademark laws.
  • Limited License: We grant you a limited license to access and use Mingle2 Content strictly as outlined in Section 6, with all other rights reserved.

5/ Inappropriate Content and Misconduct; Reporting

Mingle2 is committed to fostering a respectful and positive community. We have a zero-tolerance policy for inappropriate content or behavior, whether it occurs on our Services or any affiliated platforms.

Reporting Misconduct and Inappropriate Content

If you encounter inappropriate behavior or content, we strongly encourage you to report it. You can report a user via:

  • The "Report User" link found on a user’s profile or within the messaging interface.
  • Our Customer Support Chat in iOS/Android app or our website at Mi

Actions Against Misconduct

To ensure the safety and security of our community, we may take actions such as:

  • Banning individuals from using our Services and those of our affiliates. For more information, visit our Safety page.
  • Preventing banned individuals from creating new accounts.

As detailed in our Privacy Policy, we may share information with our affiliates to enhance user safety and security. However, we are cautious not to compromise the privacy or safety of other users when sharing such data.

Intellectual Property Complaints

Suppose you believe that Member Content infringes on intellectual property rights. In that case, you can file a complaint under the terms of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act (DMCA) of 1998. For further guidance, refer to Section 12 (Digital Millennium Copyright Act) below.

Our commitment to these principles is unwavering, and we appreciate your cooperation in maintaining the integrity and safety of our community.

6/ Rights Granted to You by Mingle2

Mingle2 provides you with the ability to use and enjoy our Services, in accordance with the guidelines outlined in these Terms.

License Details

You are granted a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to:

  • Access and use our Services strictly for the purposes that Mingle2 intends and in a manner consistent with these Terms and applicable laws.

Conditions of License

This license is contingent upon your compliance with these Terms. Should you fail to adhere to any aspect of these Terms, the license and your authorization to access the Services will be automatically revoked. This ensures that our community remains safe and compliant with legal standards.

7/ Rights You Grant to Mingle2

When you use Mingle2, you retain ownership of the content you provide, but you grant us certain rights as specified below.

License to Your Content

By registering an account and using our services, you grant Mingle2:

  • A worldwide, perpetual, transferable, sublicensable, royalty-free license to use Your Content. This includes the right to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, and incorporate your content into other works.
  • The right to distribute and make Your Content available to the public, which extends to content we access from Facebook or other third-party platforms, if you authorize such access.
  • An exclusive license to any derivative works created through our services that include Your Content, such as screenshots of our services.

Protection of Your Content

To protect your content from unauthorized use outside of our services:

  • You authorize Mingle2 to act on your behalf in addressing infringements, including sending DMCA Takedown Notices, though we are not obligated to take any such action.
  • The rights you grant to us are subject to applicable laws, such as those regarding the protection of personal data.

Advertising and Feedback

As part of our agreement:

  • We, along with our affiliates and third-party partners, may place advertisements on our services.
  • By providing suggestions or feedback to Mingle2, you agree that we may use and share this feedback for any purpose without compensation to you.

Legal and Safety Obligations

Mingle2 may access, preserve, and disclose your account information and Your Content:

  • To comply with legal obligations or court orders.
  • To enforce these Terms.
  • To address claims that content violates the rights of third parties.
  • To respond to your customer service requests.
  • To protect the rights, property, or personal safety of Mingle2, our users, or others.
  • To take action regarding illegal activities, suspected fraud, or other misconduct.

This framework ensures that while you maintain ownership of your content, Mingle2 can effectively manage, protect, and enhance the service we offer to you and our community.

8/ Purchases and Automatically Renewing Subscriptions

Mingle2 offers a variety of products and services, including subscriptions with automatic renewal features. Here’s what you need to know about making purchases and managing your subscriptions:

Making Purchases

  • Platforms for Purchase: You can buy our products and services through several platforms, including Apple ID/ iTunes, Google Play, and directly via credit card or other payment processors on our website or app.
  • Automatic Renewal: When you purchase a subscription, it will automatically renew at intervals until you cancel. The terms of renewal are disclosed at the time of the initial purchase.
  • Access Upon Cancellation: If you cancel your subscription, you will retain access to the subscription benefits until the end of the current period, after which it will expire.

Account and Profile Management

  • Non-Removal of Profile: Canceling your subscription does not automatically remove your profile from our services. To completely terminate your account, you need to follow the procedures outlined in Section 9.
  • Global Operation and Variable Pricing: We operate globally, and pricing can vary based on factors such as region, subscription length, bundle size, past purchases, and user activity.

Subscription Renewal

  • Renewal Charges: If you do not cancel your subscription in time, it will renew at the full price initially indicated at purchase. You authorize us to continue charging the payment method on file.
  • Service Modifications: We reserve the right to limit, modify, or discontinue any product, feature, or service without prior notice, impose conditions on promotional offers, restrict transactions, or refuse service provision.

Billing

  • Charges to Payment Account: Your payment account will be charged based on the terms disclosed at purchase as well as the general terms associated with your payment method.
  • Sales Tax: Applicable sales tax may be added depending on your geographical location.
  • Ongoing Charges for Subscriptions: If your purchase includes an automatically renewing subscription, your account will continue to be charged periodically until you cancel. After the initial period, the subscription will renew at the agreed price and duration, including any adjustments post-promotional period.

8.1/ Consent for Sharing Information with Payment Partners

When you make a payment on Mingle2, you agree to the sharing of specific personal data with our payment partners such as Apple, Braintree, etc. This section outlines what this means for you and how you can manage your consent:

Purpose of Sharing Information

  • Security and Authenticity: The information shared includes details about your usage and activities on Mingle2. This sharing is designed to enhance security measures and ensure the authenticity of transactions.

Your Control Over Personal Data

  • Withdrawing Consent: You have the right to withdraw your consent for this data sharing at any time. If you decide to withdraw your consent, you can do so by contacting our Customer Support.
  • Contact Information: To withdraw your consent, reach out via our Customer Support Chat available in the iOS/Android app or through our website at Mingle2 Contact Us.

8.2/ Canceling Subscriptions

Here's how you can cancel your Mingle2 subscription, depending on the platform you used for purchase:

How to Cancel

  • Apple ID Purchases: Use the cancellation feature in the app's Settings or reach out to Apple Support for assistance.
  • Google Play Purchases: Cancel directly through the Google Play app or contact Google Play Support for help.
  • Other Purchases: Log into the Mingle2 website or app, navigate to the Account section, and follow the provided cancellation instructions.

Post-Cancellation

  • Service Continuation: After canceling, you can continue using the service until the end of your current subscription term.
  • Non-Renewal: Your subscription will not renew once the current term expires.

Payment Issues

  • Responsibility for Payments: If a payment fails due to reasons like card expiration, insufficient funds, or other issues, you are still responsible for any uncollected amounts. You authorize Mingle2 to continue billing your updated payment method.
  • Chargebacks: Initiating a chargeback or reversing a payment may lead to immediate termination of your account by Mingle2, under the assumption that you no longer wish to maintain the subscription. If the chargeback is later overturned, please contact Customer Support for further assistance.

Contact Information

  • Customer Support Chat: For any issues related to your subscription or to discuss chargebacks, use the Customer Support Chat available through our iOS/Android app or via our website at Mingle2 Contact Us.

8.3/ Refund Policy

Mingle2's refund terms are designed to comply with regional regulations and provide clarity on what subscribers can expect in various scenarios. Here’s a detailed overview:

General Refund Policy

  • Non-refundable Purchases: Generally, all purchases on Mingle2 are final and nonrefundable.

Regional Exceptions

  • EU, EEA, UK, and Switzerland: Subscribers have the right to a full refund within 14 days of the subscription start date.
  • Korea: Subscribers are entitled to a full refund for subscriptions and unused Virtual Items within 7 days of purchase.
  • Specific U.S. States and Israel: In Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and Israel, subscribers can cancel their subscription without penalty within 3 business days following the subscription. Additionally, if a subscriber dies or becomes disabled before the end of the subscription term, they or their estate are entitled to a refund for the unused portion of the subscription.

Process for Handling Refunds

  • Apple ID Purchases: If your subscription was made through your Apple ID, all refund requests must be handled directly by Apple.
  • Other Purchases: For non-Apple ID purchases, please use Customer Support Chat, available through our iOS/Android app or via our website at Mingle2 Contact Us. Provide your order number, email address, or phone number associated with your account. You can also send a notice to:

    Attn Billing/Refund
    NextC / Minglenet
    440 N Barranca Ave #1960
    Covina, CA 91723
    (415)-373-4066
    billing@minglenet.com

8.4/ Virtual Items

Virtual Items on Mingle2, such as Nudge, Rewind, DirectChat, Boost, Coin, or Gifts, come with specific terms of use. Here’s what you need to know:

Nature of Virtual Items

  • License Type: When you purchase Virtual Items, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license. This means you can use the items within our platform but cannot transfer, sell, or sublicense them.
  • Not Real Currency: Virtual Items are not real-world currency or property. They represent a limited license right governed by this Agreement.
  • Account Balance: The balance of Virtual Items in your account indicates the extent of your license.

Usage and Expiration

  • No Maintenance Fees: Virtual Items do not incur fees for non-use.
  • Expiration: They will expire following the terms of this Agreement or when your account is closed.

Management and Refund Policy

  • Mingle2’s Rights: Mingle2 reserves the right to charge for, manage, regulate, modify, or eliminate Virtual Items without incurring liability.
  • Prohibited Transfers: You are not permitted to transfer Virtual Items to another user or account.
  • Non-refundable: All purchases and redemptions of Virtual Items are final and non-refundable.

Acknowledgment by User

  • No Refunds: By using our Services, you acknowledge that Mingle2 is not obligated to provide refunds for Virtual Items for any reason.
  • No Compensation Upon Account Closure: You will not receive money or other compensation for unused Virtual Items if your account is closed.

9/ Account Termination

Understanding how to terminate your account and the implications of doing so is important. Here’s what you need to know:

How to Delete Your Account

  • Steps to Delete: You can delete your Mingle2 account at any time by:
    1. Logging into the Website or App.
    2. Navigating to the "Settings" section.
    3. Clicking on "Delete Account" and following the provided instructions.
  • External Service Purchases: If you have subscriptions or other purchases made through external services like Apple ID/ iTunes or Google Play, you must cancel or manage these directly through the respective external service account to avoid continued billing.

Mingle2’s Rights and Enforcement

  • Investigation and Termination: Mingle2 reserves the right to investigate your use of the Services and, if necessary, suspend or terminate your account without a refund if you violate these Terms, misuse our Services, or engage in illegal or inappropriate behavior, whether on or off our Services.
  • Enforcement Measures: We may use personal, technological, legal, or other means to enforce these Terms at any time, which may include blocking your access to the Services. This can be done without liability and without prior notice.

Post-Termination

  • Continuation of Terms: Even after your account is terminated, either by you or by Mingle2, these Terms will continue to apply and be enforceable between you and Mingle2.
  • No Refunds: You will not be entitled to any refund for purchases made, regardless of the timing or reason for account termination.
  • Data Handling: Your information will be managed and deleted in accordance with our Privacy Policy.

It is essential to carefully consider the consequences of terminating your account. If you need further assistance or have questions about the process, please reach out to our customer support.

10/ No Criminal Background or Identity Verification Checks

Mingle2 aims to provide a safe and respectful user environment but it is important to understand the limitations regarding the safety measures we have in place:

Background and Identity Checks

  • Lack of Checks: Mingle2 does not conduct criminal background checks or identity verification checks on its users.
  • User Responsibility: You should use your best judgment and caution at all times when interacting with others through our Service. Review our Safety Hub for guidance on safe interactions.

Limitations of Mingle2's Responsibilities

  • No Guarantees: Mingle2 makes no representations or warranties about the conduct, identity, health, intentions, legitimacy, or truthfulness of its users.
  • Potential Rights to Conduct Checks: While currently not performed, Mingle2 reserves the right to conduct criminal background checks or other screenings at any time using public records. By using our Service, you authorize the potential use of your information for these purposes.
  • Consumer Reporting: If Mingle2 chooses to conduct screenings through a consumer reporting agency, you authorize Mingle2 to obtain and use a consumer report to determine your eligibility under these terms.

Interactions with Other Users

  • Your Responsibility: You are solely responsible for your interactions with other users. Mingle2 cannot guarantee your safety and is not a substitute for personal vigilance and following the recommended safety precautions.
  • Communication Risks: Communications through the Service, including automatic notifications, may be misused by other users for improper purposes such as fraud, abuse, harassment, or other inappropriate behaviors.

Recommendations for User Interactions

  • Use Caution: Exercise caution in all interactions with other users, particularly if you decide to communicate outside the Service or meet in person.
  • Follow Safety Hub: Always use your best judgment and take appropriate safety measures when communicating with or meeting new people.

11/ Disclaimer

Mingle2 provides its services with a clear understanding of the inherent limitations and user responsibilities. Here’s a detailed look at the terms under which the service is offered:

Service Provision

  • "As Is" and "As Available" Basis: Mingle2 offers its services without any warranties or guarantees of performance. This includes the functionality, content, and user interactions within the service.
  • No Implied Warranties: To the extent permitted by applicable law, Mingle2 disclaims all warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement.

Limitations of Service

  • Service Interruptions and Errors: Mingle2 does not guarantee that the services will be uninterrupted, secure, or error-free. There is no assurance that defects or errors in the services will be corrected.
  • Accuracy of Content: Mingle2 does not warrant that any content or information accessed through the service will be accurate, complete, current, or suitable for your purposes.
  • User Interactions: Mingle2 makes no guarantees regarding the number of active users, their willingness or ability to communicate or meet, or the ultimate compatibility or conduct of users you encounter through the services.

Assumption of Risk

  • User-Generated Content: Mingle2 assumes no responsibility for content posted, sent, or received by you, other users, or third parties through the services.
  • User Verification: Mingle2 does not take responsibility for verifying the identity, intentions, legitimacy, or truthfulness of users.
  • Downloaded Materials: Any material you download through the use of our services is done at your own discretion and risk. Mingle2 is not liable for any damages to your computer hardware, software, or other equipment resulting from such downloads.

Liability

  • Exclusion of Liability: Mingle2 is not liable for any damage arising from the use of its services, including but not limited to damages from security breaches, viruses, hacking, fraud, errors, omissions, interruptions, defects, or other technical disruptions.

12/ Digital Millennium Copyright Act (DMCA) Policy

Mingle2 is committed to respecting intellectual property rights and adheres to the Digital Millennium Copyright Act (DMCA). Here's how you can report suspected copyright infringement:

Steps to File a DMCA Takedown Notice

If you believe that any content on Mingle2, either posted by members or provided by Mingle2 itself, infringes upon your copyright, please submit a DMCA Takedown Notice with the following information:

  • Signature: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  • Identification of Copyrighted Work: Clear identification of the copyrighted works claimed to have been infringed. If your claim involves multiple works on the same site, provide a representative list of those works.
  • Identification of Infringing Material: Adequate identification of the material that is claimed to be infringing, with detailed information sufficient to allow Mingle2 to locate the material on the site.
  • Contact Information: Information reasonably sufficient to allow Mingle2 to contact you, such as an address, telephone number, and, if available, an email address.
  • Good Faith Belief: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Accuracy and Authority: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Where to Send DMCA Takedown Notices

Attn Copyright Compliance
NextC / Minglenet
440 N Barranca Ave #1960
Covina, CA 91723
(415)-373-4066
legal@nextc.com

Policy on Repeat Infringers

Mingle2 will terminate the accounts of users who are repeat infringers in accordance with the DMCA.

13/ Ads and Third-Party Content

Mingle2's platform may present various forms of ads and content from third parties. Here's what you should know about interacting with these elements:

Advertisements and Promotions on Mingle2

  • Presence of Third-Party Ads: You may see advertisements and promotions from third parties on our services.
  • Virtual Items for Ad Views: Our services might allow you to view ads in exchange for Virtual Items. However, Mingle2 does not guarantee that you will always be eligible to watch such ads, nor that these ads will always be available.

Third-Party Links and Content

  • External Links: Our services may include links to other websites or resources. These might be promotional in nature or purely informational.
  • Non-Commercial References: Sometimes, Mingle2 may provide non-commercial references or links to third parties within its content.

Disclaimer and Liability

  • No Endorsement: Mingle2 does not endorse any third-party products or services that you may discover through our platform, whether through ads, embedded content, or links.
  • Independence from Third Parties: Interactions with third-party services or products found through Mingle2 are governed by those third parties' terms and conditions. Mingle2 is not responsible for the availability or content of these external sites or resources.
  • No Responsibility for Third-Party Actions: Mingle2 holds no liability for the actions or terms of third parties, nor for any interaction you may have with them.

User Discretion Advised

When engaging with third-party content, ads, or services through Mingle2, exercise caution and consider the third party's credibility and the terms they offer. Remember, your interactions with these third parties are solely governed by their terms, not those of Mingle2.

14/ Limitation of Liability

Mingle2's liability is structured to align with legal allowances to protect both the company and its users. Here’s what this means for you:

Extent of Liability

  • Limited Liability: To the maximum extent permitted by law, Mingle2, along with its affiliates, employees, licensors, or service providers, will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages.
  • Scope of Damages: This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses, regardless of whether Mingle2 was advised of the possibility of such damages.

Causes of Limited Liability

  • Use of Services: Damages resulting from your use of or inability to use the services.
  • User Interactions: Damages arising from the conduct or content of other users or third parties on or through the services.
  • Security Breaches: Damages due to unauthorized access, use, or alteration of your content.

Financial Cap on Liability

  • Cap on Damages: Mingle2’s total liability to you for all claims related to the services will not exceed the greater of:
    • The amount you paid to Mingle2 for the services in the twenty-four (24) months before the first legal action initiated by you against Mingle2.
  • Applicability: This limitation applies regardless of the legal theory (whether contract, tort, statute, or otherwise) and regardless of whether the remedies provided fail to meet their essential purpose.

Jurisdictional Variations

  • Local Laws: Some jurisdictions do not allow the limitation of certain types of damages, so the limitations outlined above may not apply to you depending on where you are located.

15/ Indemnity by You

When using Mingle2, it's important to understand your responsibilities, especially in cases where your actions might lead to legal claims against the platform. Here's how indemnity works under the terms of your agreement with Mingle2:

Your Commitment to Indemnify

  • Scope of Indemnity: You agree to indemnify, defend, and hold harmless Mingle2, its affiliates, and their respective officers, directors, agents, and employees from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees.
  • Conditions Triggering Indemnity: This indemnification applies if claims arise from several scenarios:
    • Your use of Mingle2’s services.
    • The content you provide through the services.
    • Your interactions with other users.
    • Any breach of the terms of the agreement you have with Mingle2.

Limitations Based on Jurisdiction

  • Jurisdictional Variations: The obligation to indemnify may not apply to you fully or in part, depending on the laws of your jurisdiction. Some places do not allow for mandatory indemnification clauses in consumer contracts.

Importance of Indemnity

  • Purpose: This clause is designed to protect Mingle2 from costs associated with defending itself against claims that arise from your actions on the platform. It ensures that you are responsible for any legal implications of your conduct.
  • Legal Coverage: It covers legal fees and other expenses that Mingle2 might incur in the context of such claims.

16/ Acceptance of Terms

By utilizing our Services, you confirm your acceptance of these Terms. Accessing our Services through a mobile device, application, or computer signifies your agreement to adhere to: (i) these periodically updated Terms; (ii) our Privacy Policy, Cookie Policy, Code of Conduct, and Safety Hub; and (iii) any additional terms applicable upon purchase. If you do not consent to all the terms specified in this Agreement, you are required to discontinue the use of our Services. Please note that all pronouns used in these Terms are intended to be inclusive and applicable regardless of gender or number.

17/ Entire Agreement

This Agreement supersedes any prior agreements or representations.

These Terms, along with the Privacy Policy, Cookie Policy, Code of Conduct, and Safety Hub, and any Additional Terms Upon Purchase, constitute the entire agreement between you and Mingle2 regarding your use of our Services. They replace all previous agreements, whether written or oral. If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The Company's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Your Mingle2 account is non-transferable, and all rights to your account and its content terminate upon your death unless otherwise specified by law. Rights and licenses granted under these Terms cannot be transferred or assigned by you but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary, special relationship, or employment is created as a result of these Terms, and you cannot make representations on behalf of or bind Mingle2 in any way.