TABLE OF CONTENTS
- 1. Services
- 2. Eligibility
- 3. Responsible and Respectful Conduct
- 4. No Background Checks
- 5. Materials Directed at a Mature Audience
- 6. Automatic Recurring Billing
- 7. Subscriber Services
- 8. Refund Policy
- 9. Foreign Transaction Fees
- 10. Cancellation & Recurring Charges
- 11. Cardholder Disputes
- 12. Children
- 13. Contributions
- 14. Limited License
- 15. Company’s Intellectual Property Rights
- 16. Good Samaritan Third-Party Content Policy & Complaint Procedures
- 17. Copyright Policy
- 18. User Representations and Warranties – General
- 19. User Representations and Warranties -- Contributions
- 20. Removal Right
- 21. Prohibited Activities
- 22. Security & Passwords
- 23. Company’s Right to Terminate Users and Manage MLR
- 24. Term and Termination
- 25. Non-commercial Use by Users
- 26. Third Party Content
- 27. Reliance on Content and Advice
- 28. Disclaimers
- 29. Inappropriate Use of “Talks” or Public Areas Use of Proprietary Materials
- 30. Communications in “Talks” or Public Areas Not Private
- 31. Assumption of the Risk
- 32. Limitation of Liability
- 33. Indemnity
- 34. Modifications and Revisions
- 35. Disputes between Users
- 36. Disputes with Company
- 37. Email Communications from Company
- 38. Personal Information
- 39. Permission or Consent
- 40. Other
Company allows you and other users of MLR (“Users”) to enjoy some or all of the following (all of which are collectively referred to in this Agreement as the “Services”):
- access MLR to submit and read profiles and Stories;
- review Blogs, Advice Columns and City Guides;
- submit text, photographs, video, images, scans, documents or digital files to MLR for viewing by other Users;
- send emails, participate in chat or video chat sessions; and
- participate in Talks and any other public discussions.
Not everything described in this section may be available on MLR; as MLR evolves, its Services may also evolve and some of the Services which are not now available may become available in the future, while other Services may be changed or removed. MLR reserves the right to modify, add, delete or suspend any of its Services at any time without notice to Users.
Some of the Services are available to all of MLR’s Users, while others are available only to those with a free or paid MLR account (“Subscribers”). MLR reserves the right to charge all Users fees for some or all of the Services upon notice, and to change what Services may only be accessed by paid Subscribers.
Eligibility. By approving this Agreement, by continuing to access MLR or by using the Services, under penalty of perjury, you solemnly affirm, represent and warrant that: (a) you are a person and are not a robot or other automated system; (b) you are 18 years of age or older (and an adult under the laws of the place from which you are accessing MLR); (c) you will truthfully and accurately submit all information required by MLR to register; (d) you will periodically update and maintain the accuracy of such information; (e) your use of the Services does not violate any applicable law, statute or code under the laws of the place from which you are accessing MLR; (f) you do not find adult oriented stories and other materials about erotic adventures to be offensive or objectionable; (g) you are not an adult entertainer, escort or the like; (h) you will not use MLR to stalk, troll, compile reports or otherwise monitor any User or group of Users; (i) you are an actual person with only one User Name, Account or Profile on MLR; (j) you understand the laws of the place from which you are accessing MLR; and (k) you are solely responsible for your own actions.
Responsible and Respectful Conduct. You agree to act responsibly on MLR and to treat other Users fairly, honestly, respectfully and with dignity. You acknowledge that MLR is intended to be a safe place for people to communicate and meet. As such, neither Company nor MLR will tolerate anything that we believe to be intolerant of the rights of others (including material that is racist, misogynistic or which promotes gender, ethnic sexual orientation or religious intolerance) is excessively violent, harassing, or otherwise objectionable, or which, generally, promotes intolerance of others, and Company reserves the right to remove any such content, at any time. We encourage you and all Users to bring to our attention any content that you believe violates any of Company’s policies.
No Background Checks. Company respects your privacy and so it does not perform background checks, criminal checks or identity checks on its Users. MLR is a dating website, and we are not responsible for whom you may date, meet or with whom you may communicate in any way. By assenting to this Agreement, You acknowledge that neither Company nor MLR perform any sort of screening, background, identity or criminal record search or check on Users of MLR. You understand and acknowledge that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from your use, directly or indirectly, of MLR or any of its Services. We strongly suggest that you act cautiously and that you screen anyone with whom you may have contact on MLR and in particular before you meet anyone in person.
Materials Directed at a Mature Audience. You hereby warrant and represent to Company that:
- You are not offended by such Content;
- You are intentionally and knowingly seeking access to such Content for your own personal enjoyment and use;
- You understand and acknowledge that Users have no affiliation with MLR and that MLR is not responsible for the postings or profiles made by Users or any materials to which they may link; and
Automatic Recurring Billing . If you have subscribed and have elected Automatic Recurring Billing, Subscription fees will be automatically renewed at or after the end of the original term selected, for a similar period of time and for the then prevailing Subscription fee, unless notice of cancellation is received by Company from you before the Automatic Recurring Billing has been processed. Unless and until this Agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes MLR, its owner, affiliates or agents to charge Subscriber's chosen payment method to pay MLR’s subscription fees.
Subscriber Services. Problems, complaints or compliments should be directed to Company at 1-866-785-6394, 1-702-749-4453 or [email protected]. Company will attempt to respond within three Business Days (as determined at Company’s offices).
Refund Policy. Refunds for Subscription purchases may be requested by contacting customer support ([email protected]). Refunds or credits will not be issued for the remaining term of a monthly Subscription, or for less than a month remaining on a Quarterly or Annual Subscription. The decision to refund a charge does not imply any obligation to issue additional future refunds. Company reserves the right to grant a refund or a credit applicable to subscriptions to MLR at its discretion. Should a refund be issued by Company for any reason, except as otherwise set forth in this section it will be credited solely to the payment method used in the original transaction, and only after any payment has been irrevocably paid and received by Company. Company will not issue refunds by cash, check, or wire transfer, and will not refund monies to anyone other than the owner of the account originally billed. Cancellation for all future recurring billing may be requested in accordance with Section 10 - Cancellation & Recurring Charges.
Foreign Transaction Fees. We may use credit card processors or banks outside the country in which you reside to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before using a credit card to pay for a subscription, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
Cancellation & Recurring Charges. At any time, and without cause, subscription to MLR may be terminated by either Company or Subscriber upon notification to the other by electronic or conventional mail, by chat or equivalent, or by telephone, in a manner by which receipt reasonably may be expected. Subscribers are liable for charges incurred until the date of termination. In order to cancel a subscription or to cancel recurring charges Subscribers may contact MLR support at [email protected] or use the online cancellation form found here.
Cardholder Disputes. All credit (or debit) card holder disputes and potential “chargebacks” are thoroughly investigated by Company. If Company concludes that a Subscriber has acted unfairly or has been dishonest, Company reserves the right to cancel Subscriber’s subscription and to decline to allow Subscriber to re-subscribe to MLR. If you have a billing concern, before complaining to your credit (or debit) card issuer, Company suggests that you contact Company at 1-866-785-6394, 1-702-749-4453 or [email protected] so that we may attempt to resolve any billing or other problem.
Children. This should go without saying, but MLR is a website for an adult audience, not children. MLR has a ZERO TOLERANCE POLICY relating to any illegal content, and in particular, any content that constitutes or promotes child pornography or the exploitation of minors. We ask responsible adults to assist us by supervising the activities of children to be certain that they are not given access to this site. MLR does not condone illegal behavior or content and will cooperate with all governmental agencies that seek to criminally prosecute those who harm or exploit children in any way. Any violations of this policy should be brought to our attention immediately at [email protected].
Among other contributions, Company allows, or in the future may allow, the submission of Stories written by Users, profiles, text, Postings, information, data, email, photographs, images, scans, documents, digital files, video conference or chat content, software, databases, music, audio, video or audiovisual files, or other materials to be contributed by you to MLR (each a “Contribution” or “Contributions”). You understand that whether or not any Contribution is published, made available for viewing on MLR or used by Company in a manner for which provision is made in this Agreement, Company does not guarantee any confidentiality with respect to any Contributions.
- By posting a Contribution(s), including but not limited to copyrighted content, name, likeness and photographs to your profile pages or any other area on MLR that is intended to be public, you automatically grant to us, and you represent and warrant that you have the right to grant to us, a perpetual, non-exclusive, royalty free, irrevocable, worldwide license to use, copy, publish, display, reformat, translate, advertise, distribute or broadcast such information or content, and to grant and authorize sublicenses to the same. You further waive any potential infringement rights you may have in any such Contribution. Additionally, you agree that we may assign, sell, license or sublicense the above license to our affiliates and successors without any further approval by you, and that upon the sale, merger, transfer, acquisition or other event by which some or all of Company or MLR are sold, purchased, merged, acquired or the like, the non-exclusive, royalty free, worldwide license described in this subsection will be, directly or indirectly, owned, partially owned or controlled or partially controlled by whomever purchases, merges with, acquires or the like Company or MLR;
- Unless express written permission is granted to a User by Company, Company allows Users a limited license to link to Content on MLR (which may include your Contributions) for personal, non-commercial purposes only. Company may, in its sole discretion, provide permission to a User to link to Content for commercial purposes. Company reserves the right to terminate any license, or to discontinue direct links or any other aspect of MLR at any time and for any reason;
- You shall be solely responsible for any and all of your Contributions and the consequences of Posting (as defined at Section 19, below);
- Company does not endorse any Contribution (including any individual, story, opinion, recommendation, product, service, or advice expressed or depicted therein), and Company expressly disclaims any and all liability in connection with Contributions. All Contributions and opinions included therein are not the Contribution or opinions of Company or MLR and solely belong to the User posting the Contribution on MLR;
- Company reserves the right (but without any obligation) to remove Contributions (and other Content) without prior notice or delay, for any reason whatsoever (by way of example only, defamatory material, or material that violates this Agreement or any of Company’s other policies), or for no reason at all. While Content some may consider “adult” is or may be accepted, Company also reserves the right to decide, in its sole discretion, whether a Contribution is appropriate, complies with this Agreement or complies with Company’s other policies (whether in writing or not) and at any time may remove any Contribution or Content even if originally allowed by Company;
- Company provides MLR as a service to its Users. However, Company assumes no responsibility whatsoever for monitoring the Services for inappropriate Contributions or Content. If at any time Company chooses, in its sole discretion, to monitor the Services, however, Company assumes no responsibility for the Contributions or Content, no obligation to modify or remove any inappropriate or potentially inappropriate Contributions or Content, and no responsibility for the conduct of any User submitting any such Contributions; and
- All Contribution or Content is provided "AS IS" without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Contribution or Content, including but not limited to, any errors or omissions in any Contribution or Content, or any loss or damage of any kind incurred as a result of the use of any such material. You expressly agree that Company (including MLR) is immune from liability to the fullest extent permitted by law in the jurisdiction from which you access MLR, and to the extent applicable, under the provisions of the United States of America’s Communications Decency Act, for any Contribution. Nothing contained herein is intended to modify, waive, remove or compromise such immunity.
- Original material which MLR posts on this site is protected by intellectual property laws. Company hereby grants you a non-exclusive license to use the Services (including original material which MLR posts and Contributions by Users or other third parties) (collectively, “Content”), excluding any areas that may be reserved for private communications, but only while accessing MLR. You are also granted a limited license to print copies of any Content Posted (as defined at Section 19.(b)) at MLR, but only for your personal use (and not for any commercial use). Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing Content on MLR, electronic reproduction, adaptation, distribution or display is prohibited. Commercial use of any of the Content is strictly prohibited unless you first obtain Company’s express written permission. Use of any of Company’s trademarks as metatags on other websites, without Company’s express permission, also is strictly prohibited. You may not display MLR in frames (or any of the Content via in-line links) without our express written permission. Written permission by Company may be requested in the manner described at Section 39, below; and
- From time to time MLR may publish or republish articles or other Content of interest to Users, with the permission of the copyright owner(s). Any such Content if subject to the rights of the copyright owner and is not subject to the limited license set forth in the preceding subsection. Any such material will be marked as subject to the copyright owner’s rights.
Company’s Intellectual Property Rights. The Content on MLR, including without limitation, all of MLR’s profiles, and the trademarks, service marks and logos contained on MLR (“Marks”), are owned by or licensed to Company, subject to copyright and other intellectual property rights under the laws of the United States, other countries, or, international conventions. The Content on MLR is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Company (which may be requested in the manner set forth at Section 39, below), or, the respective owners of content on MLR. Company reserves all rights in and to everything on MLR (including the Content) not expressly granted by this Agreement. If you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of MLR or features that prevent or restrict use or copying of any Content or enforce limitations on use of MLR or the Content therein.
Good Samaritan Third-Party Content Policy & Complaint Procedures.
- Policy. It is Company’s policy not to tolerate any acts of intellectual property infringement or violations of United States or other laws, or international conventions. It is also Company’s strict policy not to allow any Contribution to be Posted on MLR that contains or promotes, as appropriate, child pornography, child exploitation, obscene or defamatory content. Company will do its best, in good faith, to remove, disable or restrict access to or the availability of any Contribution that, in Company’s subjective view, is infringing or which violates any of Company’s policies or terms. The provisions of this Section 16.(a) are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or to compel us to refrain from undertaking, any particular course of conduct;
- Complaint Procedures. If you believe that someone has posted a Contribution which violates this policy (other than in cases of copyright infringement, which is addressed in Section 17), Company asks you to promptly notify it by email at the following address: [email protected]. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations; and
In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated; (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location (on MLR) where the offending Contribution is located; (4) any grounds to believe that the person who Posted the Contribution was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Contribution.
Copyright Policy. As noted above, Company strongly supports copyright laws and believes that the rights of copyright owners should be protected. Company will terminate the account and access rights of any repeat copyright infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Contribution or content on MLR infringes upon your copyright, you may submit a notification to Company at [email protected].
User Representations and Warranties – General.
Your use of MLR and your access to its Services is expressly conditioned on the following representations and warranties. By accepting this Agreement, or by continuing to use MLR or accessing its Services, you irrevocably represent and warrant to Company that:
- You understand and acknowledge that Company is not responsible for, nor can it control, the use by others of any information which you provide to them through MLR, or otherwise, and that you have been advised that you should use caution in selecting the personal information you provide to others through MLR;
- You (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency;
- You understand and acknowledge that Company does not guarantee or vouch for the accuracy or truthfulness of any Content of any kind which has been Posted to MLR, and that consequently you release Company from any and all liability and responsibility in connection with verifying, the accuracy of Content of any kind, whether or not provided by Company or other Users of MLR;
- You will not use any robot, spider, scraper or other automated measures to (i) access or use the Services, (ii) circumvent any technical measures we use to provide the Services, or (iii) cause harm to us, our Users or our affiliated entities;
- You will not circumvent, disable or otherwise interfere with security related features of the Services, nor will you forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through MLR;
- You will not impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
- You will not take any action or post anything that could be harmful to, or constitute abuse of, minors, or lead to their harm or abuse, in any way;
- You will not “stalk" or otherwise harass another person or User, nor will you pose anything that could be interpreted as “stalking” or harassing another person or User;
- You will not collect or store personal data about other Users without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other Users' or members' private information, without their express permission to do so; and
- You will not disclose any telephone numbers, street addresses, last names, URLs or email addresses in any profile that you create.
User Representations and Warranties -- Contributions
You are entirely responsible for the content of, and any harm resulting from, a Contribution made by you. You agree not to link to, or post on MLR, any profile, photograph, image, document, text, digital file, video conference or chat content, software, information, data, databases, music, audio, video or audiovisual files, or other material which violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents or publicity rights) or which violates the laws of the United States, the laws of the place from which you access MLR, other laws or international conventions, or, which is obscene, obscene as to minors, child pornography, defamatory, racist, excessively violent, harassing, or otherwise objectionable. When you create or make available a Contribution, you thereby represent and warrant that:
- You own all rights to each Contribution, and that the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution(s) does not and will not infringe the rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- You will not submit, transmit, email, post, upload or publish (collectively, “Post” or “Posting”) any material that depicts or refers to any person under the age of 18 years (or, if not yet an adult under the laws of the place from which you access MLR, whichever is older) or any material that otherwise exploits children;
- You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your Contributions are, in fact, over the age of 18 years (and are adults under the laws of the place from which you access MLR);
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by Company and this Agreement;
- You have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to Company, Users, readers or viewers any required terms;
- Your Contribution is not illegal, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not depict violence against women or children, does not violate the privacy or publicity rights of any third party and does not advocate the violent overthrow of the government of the United States or of any other government, does not exploit minors, is not obscene, lewd, lascivious, filthy and does not violate any applicable law, regulation, or rule;
- Your Contribution does not contain falsehoods or misrepresentations that could damage Company or any third party;
- Your Contribution does not include the impersonation of another person;
- You shall not Post advertisements or solicitations of business, except as may be allowed under this Agreement or guidelines published by Company;
Your Contribution does not:
- contain material that relates to, refers to or depicts a child;
- exploit a child, whether in a sexual or violent manner, or otherwise;
- contain material that relates to, refers to or depicts violence upon women or which evidences or promotes intolerance based upon gender, ethnicity, sexual orientation or religion; or
- violate any law concerning child pornography or which is otherwise intended to protect the health or wellbeing of children;
- Your Contribution does not contain any malicious code or other harmful or destructive content (including viruses, worms or Trojan horses);
- Your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others computers, telephones, tablet computers or equipment of any kind, designed to enable you or others to gather information about or monitor the online or other activities of another party, or which will otherwise harm another’s computer, telephone, tablet computers or equipment of any kind;
- Your Contribution does not inundate MLR with communications or other traffic suggesting no serious intent to use MLR for its stated purposes;
- Your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
- Your Contribution does not violate any law designed to regulate electronic advertising;
- Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation;
- Your Contribution does not contain pictures, data, audio or visual files, or any other material that violates this Agreement, Company’s policies regarding the type of material contributed or is excessive in size, as determined by Company in its sole discretion;
- You will not Post, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- You will not Post, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- You will not Post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation; and
- You will not Post, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment.
You expressly agree that Company has the right, at its sole discretion, to refuse to publish, to remove, to disable, or to block access to any Contribution that is or was available on MLR at any time (including, but not limited to, any Contribution which you have Posted), for any reason, or for no reason at all, with or without notice, and similarly, that Company may republish, replace, re-enable or restore access to a Contribution at any time, for any reason, or for no reason at all, with or without notice. Posting any Contribution at MLR is a privilege, not a right. Under no circumstances may Company be held liable for removing, disabling or restricting access to or the availability of any Contribution(s).
You also expressly agree that Company has the right, in its sole discretion, to refuse to publish, to remove, to disable, or to block access to any Contribution which is the subject of a Notification duly sent to Company pursuant to the United States’ Digital Millennium Copyright Act. If you believe that Company has acted mistakenly with respect to a Contribution, you may contact Company’s representative at [email protected], in which case Company may in its sole discretion, but need not, investigate the matter further. Company reserves the right, however, to take no further action.
You may not access or use MLR for any purpose other than that for which Company makes it available. Certain activities, even if legal, may violate the common rules of conduct or etiquette governing Contributions, as determined by Company in Company’s sole discretion, and as such are prohibited. Prohibited activity includes, but is not limited to:
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- Engaging in any automated use of the system, such as using scripts to send comments or messages;
- Interfering with, disrupting, or creating an undue burden on MLR or the networks or Services connected to MLR;
- Attempting to impersonate another User or person;
- Using the username of another User;
- Selling or otherwise transferring your User profile;
- Selling, publishing, posting or otherwise making your Password publicly available;
- Harassing, bullying, abusing or harming another person, or, using any information obtained from MLR in order to harass, bully, abuse or harm another person;
- Transmitting chain letters or junk email to other Users;
- Using any information obtained from MLR in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through MLR on behalf of that person, unless in conformance with Company's express policies regarding Postings made with a commercial purpose. Without limiting the previous sentence, Users shall not exchange anything of value for the promise of a favorable comment being Posted on MLR; and
- Using MLR in a manner inconsistent with this Agreement, any and all applicable laws and regulations, or any of Company terms or policies.
Security & Passwords.
- We take security very seriously and we update our security protocols regularly in an effort to protect Users’ data. Nevertheless, Company cannot guaranty that others will not act illegally or otherwise be able to circumvent our security efforts. Accordingly, you agree that Company will not be held liable for security breaches by third parties. Knowing this, you voluntarily and intelligently waive any rights you may have to bring claims against Company or MLR arising out of security breaches at MLR or Company;
- When you create an account on MLR you will be asked to supply a password. You should use a unique password that is difficult to discover or guess. You must keep your password confidential, as you are responsible for all use of your password and your account. In order to increase security, MLR encourages you to periodically change your password; and
- You are responsible for maintaining the confidentiality of, and restricting access to, your account and password, and you agree to accept sole responsibility for all activities that occur under your account or password. You agree to contact [email protected] immediately of any breach of security or unauthorized use of your account or any violation of these terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your account, and you agree to defend, indemnify us and hold us harmless for any such unauthorized use.
Company’s Right to Terminate Users and Manage MLR.
- WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF MLR TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION;
- Company reserves the right but does not have the obligation to: (i) monitor MLR for violations of this Agreement; (ii) take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting violators to law enforcement authorities; (iii) in Company’s sole discretion and without limitation, notice or liability, to remove from MLR or otherwise disable all files and Content that are excessive in size or are in any way burdensome to Company’s systems; (iv) terminate the accounts of repeat violators of this Agreement or of any of MLR’s policies; and (v) to otherwise manage MLR in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of MLR; and
- As part of Company’s desire to provide Users with a premium entertainment experience, Company reserves the right to create “User accounts” for quality control, business and administrative purposes. Such accounts may or may not be identified as Company accounts and may be available to other Users for viewing and interaction.
Term and Termination. This Agreement shall remain in full force and effect while you access MLR, are a User or use the Services. You may terminate your use or subscription at any time, for any reason, by submitting a subscription cancellation form, which may be found here, or sending an email to Company at [email protected]. Company may terminate your use or subscription at any time, without warning. Even after your use and subscription is terminated or otherwise comes to an end this Agreement will remain in effect.
Non-commercial Use by Users.
MLR and its Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved by Company in writing. You shall not do any of the following without the express written consent of Company:
- make any unauthorized use of the Services, including copying or collecting Content or Contributions; and
- engage in unauthorized framing of or linking to MLR.
Third Party Content. Services may include content or resources provided by third parties, or, hyperlinks to or banner advertisements for third-party websites (all such third-party content shall be referred to as "Third Party Resources"). You acknowledge and agree that we have no control over and are not responsible for the availability of any such Third Party Resources, and we do not endorse any advertising, products, services or other materials on or available from such Third Party Resources. Because we cannot control the content, reliability or activities of such Third Party Resource providers, we cannot accept responsibility for any use of such Third Party Resources or the use (or misuse) of your personal information by such third parties. As importantly, we cannot guarantee that any Third Party Resource provider will adhere to the same privacy and security practices to which we adhere. If you visit or link to a Third Party Resource, you should consult that Third Party Resource's policies before using the Third Party Resource, logging in to a Third Party Resource’s website, using a Third Party Resource’s app or providing any personal information to any Third Party Resource. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to your use of such Third Party Resources, and you agree to defend, indemnify and hold us harmless for any such use.
Reliance on Content and Advice. Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Owing to the thousands of weekly Postings on MLR, and in order to maintain a vibrant community, Company does not and cannot control the nature of the Content available on MLR. By operating MLR, Company does not represent or imply that Company endorses any Contribution or other Content available on or linked to by MLR, including without limitation Third Party Resources, or that Company believes Contributions or other Content to be real, accurate, useful or non-harmful.
- You understand and acknowledge that Company cannot ensure, nor does it make any representations or warranties regarding, the security or privacy of Contributions that you voluntarily provide through the Internet, by your email messages, text or other electronic or digital communication (however transmitted, received or delivered) and that you release Company from any and all liability in connection with the use or misuse of such information by other parties even if a claim should arise after your subscription has been terminated or ended, or, after you stop accessing MLR or using its Services;
- YOU AGREE THAT YOUR USE OF MLR WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OWNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MLR AND YOUR USE THEREOF, AND THAT CONSEQUENTLY YOU RELEASE COMPANY FROM ANY AND ALL LIABILITY AND RESPONSIBILITY IN CONNECTION WITH THE CONTENT OF ANY INFORMATION, MESSAGES, COMMUNICATION OR OTHER MATERIALS YOU MAY VIEW OR RECEIVE FROM OTHER USERS OF MLR;
- WITHOUT IN ANY WAY LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MLR’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO MLR AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MLR, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MLR, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MLR BY ANY THIRD PARTY, AND/OR (vi) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MLR;
- COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MLR, ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION;
- Company acts only as a forum and technical interface between Users and does not itself verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between Users. Users must use their own judgment in evaluating the qualifications of and statements made by other Users. Any opinions, statements, advice, offers or Content expressed or made available by a User (including “Talks” Moderators) are those of the author alone, and are not to be attributed to Company. Company cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of any Contribution or anything else that may be said, written or posted by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, while Company has a zero tolerance policy for Contributions, or Content (including Stories and messages) by or concerning, or purporting to be by or concerning, anyone under the age of 18 (or who is otherwise not yet an adult) Company cannot confirm that each User is whom they claim to be, and therefore you hereby irrevocably release Company from any claims, causes of actions, losses or liability whatsoever arising out of or relating to the use of MLR or its Services by anyone that violates this Agreement, any of Company’s terms or policies or applicable law. You agree to exercise caution, discretion and common sense when using the Services;
- Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information through the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will we or our affiliated entities be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any of our users or members;
- MLR and its Services are aimed at entertaining Users, and you agree that some of the features of MLR and its Services are intended to provide entertainment to you and other Users. Among other things, MLR offers Users the ability to review User Profiles, to interact with others on MLR and to explore their fantasies. You acknowledge that there is no guarantee you will find a date, friend or lover on MLR or using the Services;
- You also understand and agree that other Users of MLR and its Services use and subscribe to the Services for entertainment purposes. Some Users are not seeking physical meetings with anyone with whom they interact on MLR, but interact solely for their amusement. You acknowledge and agree that any profiles of Users, as well as, communications from User may not be true, authentic or real and may be exaggerated or complete fantasy. You acknowledge and understand that you may be interacting with such persons and that Company is not responsible for such communications; and
- These disclaimers of warranty constitute an essential part of the Agreement. Some jurisdictions do not allow exclusions of an implied warranty, so these disclaimers may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction.
Inappropriate Use of “Talks” or Public Areas Use of Proprietary Materials. Although Company does not assume the duty or obligation to monitor any messages, advertisements or other Contributions Posted to MLR by third parties, including you, and is not responsible for any content of these Contributions, Company reserves the right, in its sole and absolute discretion, but is not obligated, to delete, move, or edit Contributions, including without limitation advertisements and public Postings, without notice, that Company, in its sole discretion, deems to violate applicable law, this Agreement or any other policy of Company, as adopted from time to time by Company (whether or not published on MLR), or to be otherwise unacceptable.
Communications in “Talks” or Public Areas Not Private. You further understand and acknowledge that all messages or Contributions Posted by you or others on MLR shall be deemed to be readily accessible to the general public and should not be considered private or confidential. Consequently, you should not use MLR for any communication which you intend only you and the intended recipient(s) to read, see or hear. Notice is hereby given that all messages entered into MLR can and may be read by Company, whether or not Company is the intended recipient.
Assumption of the Risk. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or with whom you may come into contact as a result of using the Services.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’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 COMPANY FOR THE SERVICES DURING THE CURRENT TERM OF YOUR SUBSCRIPTION TO MLR, NOT TO EXCEED ONE YEAR;
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS' OR MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE;
You understand and acknowledge that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from your use, directly or indirectly, of MLR or the Services. You further understand and acknowledge that Company does not screen any Users or advertisers on MLR, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute, including any person (or entity) who (which) Posts Contributions or who (which) places profiles or advertisements on MLR. You also understand and acknowledge that Company does not endorse, recommend, sponsor or arrange meetings among Users of MLR, or any other persons, and bears no responsibility for any such meetings. You are advised to use common sense and take appropriate measures and precautions to insure your own personal safety and privacy in the event that you choose to communicate with, or meet with any person with whom you have communicated through the use of the Services, or through Contributions, profiles or advertisements Posted on MLR; and
You understand and acknowledge that Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Content, data, advertisement or other communication at or through MLR.
Indemnity. You agree to defend (with counsel selected by Company), indemnify and hold Company, together with its respective affiliates, officers, agents, partners, members, owners and employees (collectively, “Indemnitees”), harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees and all costs, occasioned or made by any third party due to or arising out of your Contributions, use of the Services in violation of this Agreement, arising from a breach of this Agreement, any breach of any of your representations and warranties set forth in this Agreement or if any Contribution is the subject of any suit, cause of action, claim, action, or demand, whether or not an Indemnitee is found to be liable to another. This Section is to be interpreted in the broadest sense and to the maximum extent allowed by law to ensure that Indemnitees are defended, indemnified and held harmless.
Modifications and Revisions.
- Modifications. Company’s employees and agents are not authorized to vary the terms of this Agreement. This Agreement may be modified only (1) by obtaining our written permission as set forth in Section 39, below; or (2) as set forth below in subpart (b); and
- Periodic Revisions. You agree that Company may modify the terms of this Agreement in its sole discretion, without advance notice, and that your right to access MLR is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will post a notice on this page or elsewhere on MLR following any revisions or modifications to this Agreement. You agree to review this page at least once every thirty (30) days. As a courtesy, and without any obligation to do so, we may also notify you by email at the address you have provided to us. Please keep your email current in “Account Settings” or register your current email address at [email protected]. You will be deemed to have agreed to the new Agreement if you continue to access MLR after having been notified of a revision by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised Agreement is first posted (whichever is sooner). If you change email accounts, it will be your responsibility to notify Company of a new valid email address in order to receive email notice, should we determine to send email notifications of any revision to this Agreement. Company assumes no responsibility for your failure to actually receive notice. It will be your responsibility to review this Agreement for possible modifications.
Disputes between Users. You are solely responsible for your conduct. Company does not get involved in disputes among its Users, although it reserves the right, but has no obligation, to monitor any such disputes. In the event that you have a dispute with one or more other Users, you hereby release Company, our parent, subsidiaries and affiliated entities, and ours and their shareholders, directors, officers, members, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Disputes with Company.
All disputes arising out of or in connection with this Agreement (including its formation, performance, alleged breach, enforceability and validity) or your access to or use of the Services, Content, Contributions and website, including without limitation your or others’ downloading or consumption of Content or other materials available by means of MLR or linked third-party websites, your uploading Contributions to MLR, or your purchasing of goods or services from Company or third parties, shall be finally settled as follows:
- Under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules in effect on the date of commencement of the arbitration, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof;
- In the event that the International Chamber of Commerce is unable or unwilling to oversee a dispute, then by arbitration administered by the Commercial Arbitration and Mediation Center for the Americas in accordance with its rules in effect on the date of commencement of the arbitration, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof;
- Venue for any arbitration as provided for in this Agreement shall lie in the Nicosia, Republic of Cyprus or in such other location as may be mutually agreeable to Company and you;
- YOU AND COMPANY HEREBY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY OR A TRIAL BEFORE A COURT, AND AGREE THAT ANY DISPUTE AMONG THEM SHALL BE FINALLY SETTLED BY BINDING ARBITRATION, AS SET FORTH IN THIS SECTION, AND HEREBY AGREE THAT THE ARBITRATOR(S), AND NOT ANY FEDERAL, STATE OR LOCAL COURT, JUDGE OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THIS AGREEMENT, EXCEPT THAT, NOTWITHSTANDING THE FOREGOING, COMPANY WILL HAVE THE RIGHT TO SEEK INJUNCTIVE RELIEF TO ENFORCE THIS AGREEMENT, ANY OTHER TERM, CONDITION OR POLICY OF COMPANY TO WHICH YOU HAVE AGREED, OR TO STOP OR PREVENT AN INFRINGEMENT OF PROPRIETARY OR OTHER RIGHTS OF COMPANY OR ANY THIRD-PARTY, AND BY SEEKING OR OBTAINING AN INJUNCTION, COMPANY SHALL NOT BE DEEMED TO HAVE WAIVED ITS RIGHT TO COMPEL ARBITRATION HEREUNDER;
- Any arbitration or court trial of any claim will take place on an individual basis without resort to any form of class or representative action (the "Class Action Waiver"). The Class Action Waiver precludes any Party from participating in or being represented in any class or representative action regarding a claim. Regardless of anything else in this Section 36, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. The Parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the Parties and is nonseverable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided or found unenforceable, then the Parties' agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated;
- BY AGREEING TO BINDING ARBITRATION, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM. FURTHERMORE, WITHOUT INTENDING IN ANY WAY TO LIMIT THIS AGREEMENT TO ARBITRATE, TO THE EXTENT ANY CLAIM IS NOT ARBITRATED, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF SUCH CLAIM. THIS WAIVER OF JURY TRIAL SHALL REMAIN IN EFFECT EVEN IF THE CLASS ACTION WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE. WHETHER THE CLAIM IS DECIDED BY ARBITRATION OR BY TRIAL BY A JUDGE, THE PARTIES AGREE AND UNDERSTAND THAT THE EFFECT OF THIS AGREEMENT IS THAT THEY ARE GIVING UP THE RIGHT TO TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW;
- In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, you and Company hereby irrevocably consent and submit to the personal jurisdiction and venue of the Courts located in Nicosia, Republic of Cyprus; and
- The Parties agree that this Agreement will be interpreted exclusively under the laws of the State of California, without reference to its choice of law provisions.
Email Communications from Company. You hereby grant Company the right, from time to time, at its discretion to send you commercial, advertising or other emails at the email address you provided to Company. Furthermore, you grant Company the right to continue to send you such emails until you specifically notify Company that you wish us to stop sending you emails.
Personal Information. You hereby acknowledge that in the event of a sale, merger, acquisition, dissolution or similar event of Company (or MLR), Company (or MLR) may transfer certain information that personally identifies you, including your name, telephone number(s) and email address(es) (“Personal Information”). You may be notified via email and/or a prominent notice on MLR of any change in ownership, as well as any choices you may have regarding your Personal Information.
Permission or Consent. Written permission or consent from Company may only be obtained by sending an email to [email protected], with the topic “Permission Requested.” Written permission of Company is only valid if it is contained in a notarized writing signed by a Director of Company.
I intend my pressing of the “AGREE” button to which this Agreement is linked to constitute my electronic signature under the terms of either or both the Uniform Electronic Transactions Act (as adopted in California) or the United States’ Electronic Signatures in Global and National Commerce Act. I also understand and acknowledge that book marking to a page on MLR that enables me to bypass these Conditions constitutes an implicit acceptance of the foregoing terms by me.
© 2016 Fabonetti Holdings, Ltd. All Rights Reserved.
Last Modified: May 2016