TERMS OF SERVICE FOR NEXTC, LLC
Including all Related Websites Owned by or Registered to NextC, LLC
Please read this terms of service agreement before registering your mingle2.com account or providing any additional
personal information to mingle2.com. By completing the registration process, choosing the "Accept" button and
otherwise accessing and utilizing the mingle2.com services and website, you agree to be legally bound by this
Agreement. If you do not accept these terms and conditions, you may cancel your registration by not clicking the
"Accept" button and exiting from the mingle2.com account registration page.
Our Service provides you with the ability to register and regularly update your profile. You may also utilize
certain additional services offered from time to time such as permission based Instant Messaging other registrants
on this website and other communication services, shopping and e-commerce offerings, and various informational
services. mingle2.com reserves the right to modify, edit, or discontinue its services, in whole or in part, at any
time, for any reason or no reason at all, at our sole discretion, with or without notice to you and without
obligation to you. We may also impose limits on certain features of our Service or restrict your access to parts or
all of the website without notice or liability.
By registering and accepting this Agreement, you represent and warrant that (a) all information submitted by you is
true, accurate, current and complete; and (b) you shall maintain and update information submitted in order to keep
it truthful, current, accurate, and complete at all times. If any information that you submit during the
registration process is untrue, inaccurate, out of date or incomplete, mingle2.com shall have the right to
terminate your use of the Service.
You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct
You agree to use this website in accordance with the following Code of Conduct:
(1) You will keep all information provided to you through the Service as private and confidential and will not give
such information to anyone without the permission of the person who provided it to you; (2) You will not use the
Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of
communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or
racist, pornographic, obscene, or offensive language; (3) You will not forward chain letters through the Service;
(4) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any
person; (5) You will not post messages, pictures or recordings or use the Service in any way which (i) violates,
plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or
trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or
violates the law; (6) You will not use the Service to distribute, promote or otherwise publish any material
containing any solicitation for funds, commercial advertising, or solicitation for goods, donations, or services;
(7) You will not use the Service to distribute or upload any virus, Trojan horses, or do anything else that might
cause harm to the Service, mingle2 systems, or to other members' systems in any way. (8) You will not post or
transmit in any manner any contact information including, but not limited to, email addresses, Instant Messenger
nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information; and
(9) You will not engage in any activity that constitutes or facilitates "spamming" or the sending of mass
You shall not hold yourself out a sponsored by, endorsed by or affiliated with mingle2.com. You shall not attempt
to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by
mingle2.com in connection with the mingle2 Site or the Services.
Privacy and Use of Information
By using mingle2.com you acknowledge that (a) we cannot ensure the security or privacy of information you provide
through the Internet and your email messages, and you release us from any and all liability in connection with the
use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of
any information which you provide to them; and (c) we assume no responsibility for the content of messages sent by
other users of the Service, and you release us from any and all liability in connection with the contents of any
communications you may receive from other users. We cannot guarantee, and assume no responsibility for, verifying
the accuracy of the information provided by other users of the Service.
You may not use mingle2.com for any unlawful purpose. We may refuse to grant you an ID, nickname or username that
impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as
determined by us in our sole discretion.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the
content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message, photograph, or other material posted or sent by users of
mingle2.com, and while we are not responsible for any content of these messages or materials, we reserve the right,
but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles,
photographs, public postings and messages that we, in our sole discretion, deem as unacceptable and/or violates the
Code of Conduct set forth above or any applicable content guidelines. You shall remain solely responsible for the
content of profiles, public postings, messages and other materials you may upload to the Service or users of the
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or
without notice to you for any reason or no reason, including without limitation breach of this Agreement. Without
limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may
otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your
access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement
Intellectual Property and Proprietary Rights You acknowledge that the Services and the mingle2.com site are
protected by certain proprietary and intellectual property rights belonging to mingle2.com and that you have no
right, title or interest in the Services of our site. All copyrights, patents, trademarks, service marks, trade
secrets, database rights and other proprietary rights pertaining to the Services and the mingle2.com site are the
sole and exclusive property of NextC, LLC and/or its licensors. This provision shall survive termination of this
mingle2.com will process, investigate and respond to any notification of infringement of any third party's
intellectual property and proprietary rights in accordance with applicable laws, including, without limitation, the
Digital Millennium Copyright Act [create link].
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You
acknowledge that we are not responsible for, and have no liability as a result of, the availability of External
Links or their contents.
You agree to indemnify us, our office, directors, affiliates, parent corporations, employees, and agents, from any
loss or damages, including without limitation reasonable legal fees, which may occur from your activities while on
or stemming from use of the Service, including but not limited to any breach by you of this Terms of Service or any
charges or complaints made by other parties against you. You shall cooperate in your fullest capacity as reasonably
required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, provided, however, that you shall remain liable for any such
DISCLAIMERS OF WARRANTIES
YOU AGREE THAT USE OF MINGLE2.COM AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. MINGLE2.COM AND THE SERVICES ARE
PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS IMPLIED AND STATUTORY WARRANTIES,
INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTEND PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, MINGLE2.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY AND PERFORMANCE OF THE MINGLE2.COM SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW,
MINGLE2.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MINGLE2.COM
SITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE MINGLE2.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
MINGLE2.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MINGLE2.COM
SITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,
the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This provision shall
survive termination of this Agreement.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MINGLE2.COM BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE MINGLE2.COM SITE OR THE
SERVICES OR RELIANCE ON THE MINGLE2.COM SITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF
MINGLE2.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF THE MINGLE2.COM SITE OR THE SERVICES, FROM INABILITY TO USE THE MINGLE2.COM
SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE MINGLE2.COM
SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES
OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MINGLE2.COM SITE OR THE SERVICES OR ANY LINKS ON
THE MINGLE2.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE MINGLE2.COM SITE OR THE SERVICES OR ANY LINKS ON THE MINGLE2.COM SITE. SUCH LIMITATION SHALL
APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, the foregoing limitation may not apply to you. This provision shall survive termination of this
mingle2.com makes no representation or warranty that the mingle2.com site or the Services will be appropriate or
available in any location outside the United States and any access of the mingle2.com site or the Services in
jurisdictions where such access would be illegal is prohibited. Any individual who accesses the mingle2.com site or
the Services in any jurisdiction outside the United States does so on his or her own initiative and assumes all
responsibility for compliance, and all risk of noncompliance, with all applicable laws and regulations having the
force of law. This provision shall survive termination of this Agreement.
Without limiting the generality of the disclaimers of warranties and limitations of liability contained in the
previous sections, under no circumstances shall mingle2.com be held liable for any delay or failure in performance
under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable
control, including but not limited to internet failures, computer equipment failures, telecommunications equipment
failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental
actions, orders of domestic or foreign courts or tribunals, or nonperformance of third parties. This provision
shall survive termination of this Agreement.
Limitations of Actions
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or
related to, your use of the mingle2.com site or the Services must be filed within one (1) year after such claim or
cause of action arose, or be forever barred. This provision shall survive termination of this Agreement.
Relationship of Parties
You and mingle2.com are independent contractors. You are not an agent, representative, partner or employee of
mingle2.com. You will not have any right, power, or authority to enter into any agreement on behalf of, or incur
any obligation or liability of, or to otherwise bind mingle2.com. This Agreement will not be interpreted or
construed to create an association, agency, joint venture, or partnership between you and mingle2.com or to impose
any liability attributable to such a relationship upon either party.
No Resale, Assignment, or Sublicensing
You agree not to resell, assign, sublicense, or otherwise transfer or delegate your rights or obligations under
this Agreement without the prior express written consent of an authorized executive officer or representative of
mingle2.com. This provision shall survive the termination of this Agreement.
Nonwaiver and Severability
mingle2.com's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such
right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in
the provision and agree that the other provisions of this Agreement shall remain in full force and effect. This
provision shall survive termination of this Agreement.
Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,
successors and assigns. This provision shall survive termination of this Agreement.
Choice of Law
This Agreement shall be governed by the laws of the State of California without respect to choice of law rules and
the Parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in Santa Clara
County, California for such purpose. This provision shall survive termination of this Agreement.
The captions and headings used in the Agreement are inserted for convenience only and will not affect the meaning
or interpretation of the Agreement.
This Agreement constitutes the entire and only agreement and supersedes any and all prior agreements, whether
written, oral, express, or implied, of you and mingle2.com with respect to the transactions set forth herein.
Neither party will be bound by, and each party specifically objects to, any term, condition, or other provision
which is different from or in addition to the provisions of the Agreement (whether or not it would materially alter
the Agreement) and which is proffered by such party in any correspondence or other document, unless the party to be
bound specifically agrees to such provision(s) in writing.
This Agreement may be terminated by you at any time by discontinuing use of the Services. This Agreement may be
terminated by mingle2.com (i) automatically upon any violation of this Agreement, with or without prior notice to
you, at mingle2.com's sole discretion; (ii) at any time, for any reason, or no reason at all, with or without prior
notice to you, upon mingle2.com's blocking of your access to the Services, discontinuation of your account and/or
notification to you at the e-mail address provided in your registration. Upon any termination by mingle2.com, you
shall discontinue any effort to access the mingle2.com site or the Services.
mingle2.com may modify this Agreement from time to time at our sole discretion, with or without notice to you.
Please check the Terms of Service frequently. If you do not agree to any modifications, you should terminate your
use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in
this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Fees for Services
In addition to the free services provided by Mingle2.com, certain premium services are offered which require
payment for service. Where payment is required, the following additional terms and conditions will apply
Cancellation of Premium Services
You may request cancellation of services of any Mingle2.com services at any time. If a fee has been paid for a
service, all such payments for services are non-refundable. Where billing for a service is recurring on a monthly,
yearly or other periodic basis, the unused portion of the current service service period will not be refunded.
Free Trials and Other Promotions
Any free trials or other promotion that provides additional services on Mingle2.com must be used within the
specific time of the trial. You must cancel your premium subscription before the end of the trial period in order
to avoid being charged a premium service fee. If you cancel prior to the end of the trial period and inadvertently
charged for a subscription, please contact Customer Care to have the charges reversed.
Your subscription will be automatically extended for successive renewal periods of the same duration as the
subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign
your subscription at any time, go to Settings.
Most subscription plans to the premium services consist of recurring periodic charges as agreed to by you. By
entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature
and you accept responsibility for all recurring charges prior cancellation. Mingle2.com submits periodic charges
(example, Monthly) without further authorization from you, until you provide prior notice (confirmed in writing
upon request by Mingle2.com) that you have terminated this authorization or wish to change your payment method.
Such notice will not affect charges submitted before Mingle2.com reasonably could act.
Refund for Premium Services
If you cancel your premium services, you are not eligible for a prorated refund of any portion of the premium
service fees paid for the then-current subscription period. If you have prepaid for a certain period of service,
you are not eligible for a prorated refund of any portion of the pre-paid amount upon cancellation. If you feel
that you have a special circumstance and would like to request a review for refund, please contact us via mail:
NextC / Minglenet
645 Harrison St . STE 200
San Francisco, CA 94107
Termination of Services for Non-Payment
Where payment is required for a service and we are unable to charge your credit card for any reason, we may
discontinue any and all service to you either temporarily or permanently.