FlowMingle Terms of Use Agreement
Updated: February 2, 2009
Acceptance
Welcome to FlowMingle.com, the freshest place to meet people online, operated by SHOUTCOME, INC. ("FlowMingle.com"). By using the FlowMingle.com Web Site, (the "Web Site") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of FlowMingle.com ("Member"). If you wish to become a Member and make use of the FlowMingle.com service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the FlowMingle.com Privacy Policy, do not use the Web Site or the Service. The Terms of Use are subject to change by FlowMingle.com at any time, effective upon posting on the FlowMingle.com web site, and your use of the Service after such posting will constitute acceptance by you of such changes.
Eligibility
Membership in the Service is void where prohibited. By using the Web Site, 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.
Use of Web Site and Service
As a user of the Web Site or a Member, you agree to the following:
Exclusive Use
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FlowMingle.com is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
Geographic Limitations
The Site and Services are intended for use in the United States. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Service is void where prohibited. To the extent that the Service is not legal in your jurisdiction, you may not use the Services. The Service may not be used where prohibited by law.
Information Submitted
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Service; and (iii) your interactions with other Members through the Service.
Risk Assumption and Precautions
You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals. You understand that FlowMingle.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals. You further understand that FlowMingle.com makes no guarantees as to number or frequency of meetings with other Members through the Service.
Reporting of Violations
You will promptly report to FlowMingle.com any violation of the Agreement by others, including but not limited to, Members.
Content Removal
FlowMingle.com reserves the right, but has no obligation, to monitor the information or material you submit to the Service or post in the public areas of the Service. FlowMingle.com will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Posting and Communication Restrictions
Postings on the Service will follow the FlowMingle Community Guidelines, in addition to the terms of this Agreement. In addition to the foregoing, you will not post on the Service, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Web Site or through the Service, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Web Site or Service;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Web Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Web Site or Service;
- uses the Web Site or Service for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
No False Information
You will not provide inaccurate, misleading or false information to FlowMingle.com or to any other user. If information provided to FlowMingle.com or another user subsequently becomes inaccurate, misleading or false, you will promptly notify FlowMingle.com of such change.
No Advertising or Commercial Solicitation
You will not advertise or solicit any user to buy or sell any products or services through the Web Site or Service. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to FlowMingle.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay FlowMingle.com $100 for each such unsolicited communication you send through the Service.
Unique and Bona Fide Profile
As a Member of the Service, you will create only one unique profile. In addition, your use of the Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Service (for example, you may not become a Member solely to compile a report of compatible singles in your area, or to write a school research paper). Not all members are available for matching. From time to time, FlowMingle.com may create test profiles in order to monitor the operation of the Service.
No Harassment of FlowMingle.com Employees or Agents
You will not harass, annoy, intimidate or threaten any FlowMingle.com employees or agents engaged in providing any portion of the Service to you.
Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Web Site or the Service and will remain in effect in perpetuity unless terminated hereunder. You understand and agree that you have no ownership rights in your FlowMingle.com account. FlowMingle.com may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. FlowMingle.com assumes no liability for any information removed from our Web Site for violating these terms. You may also cancel your account at any time. This cancellation takes effect immediately. After a cancellation, FlowMingle.com will remove all content associated with your account. We reserve the right to permanently restrict access to our products and services to members who have had their accounts cancelled.
Intellectual Property
The content, arrangement and layout of FlowMingle.com, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, other content, and the compilation of the foregoing ("Content") are the property of FlowMingle.com, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of FlowMingle.com.
Notices and Disclaimers
The products and services mentioned or promoted on the Web Site, including password protected information relating thereto may be changed by FlowMingle.com at any time without notice. Information about products or services offered by third parties are referred to on the Web Site for information purposes only. FlowMingle.com's provision of any such information is not intended to constitute an endorsement or recommendation, by FlowMingle.com, of such products or services.
USE OF THIS WEB SITE IS PROVIDED "AS IS, WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES FLOWMINGLE.COM PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEB SITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEB SITE. FLOWMINGLE.COM EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEB SITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEB SITE OR ANY LINKS TO THIS WEB SITE. IN NO EVENT SHALL FLOWMINGLE.COM BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEB SITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEB SITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEB SITE OR ANY LINKS TO THIS WEB SITE. FLOWMINGLE.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEB SITE, THE USE OR INABILITY TO USE THIS WEB SITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEB SITE OR ANY LINKS TO THIS WEB SITE, EVEN IF FLOWMINGLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT FLOWMINGLE.COM CORRECT THE MATTER OR, IF FLOWMINGLE.COM FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.
Privacy
You should appreciate that all information submitted on the Web Site might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See FlowMingle.com's Privacy Policy for more information regarding privacy. The Privacy Policy is incorporated into and a part of this Agreement.
Links
This Web Site may contain links to other websites that are not operated or controlled by FlowMingle.com. Use of these links to access other Internet sites is at your own risk. FlowMingle.com is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. FlowMingle.com establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.
Indemnity by You
You agree to indemnify and hold FlowMingle.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another, whether you are a Member or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Jurisdiction and Choice of Law
If there is any dispute arising out of the Web Site and/or the Service, by using the Web Site, you expressly agree that any such dispute shall be governed by the laws of the State of Kentucky, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Kentucky, in Lexington or Fayette County, for the resolution of any such dispute.
Contacting Us
If you have any questions about these terms, or wish to report violators of these terms, contact us by email at:
contact@flowmingle.com
