TERMS AND CONDITIONS OF USE

The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be, are governed by and construed in accordance with EU law. In the event there is a discrepancy between this English language version and any translated copies of the Terms and Conditions, the English version shall prevail. By becoming a member, you agree that you will only use MingleSome in a manner consistent with its purpose and which is in accordance with these terms and conditions (the “Terms”). The Terms constitute a binding legal agreement between you as user (“you”) and Minglesome kft, whose registered office is Váci út 22-24, 1132 Budapest, Hungary. (“we” or “us”) of www.minglesome.com (together with affiliated websites and applications, “MingleSome”). The Terms apply whenever you visit MingleSome, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on MingleSome (the “Services”) you are accepting and agreeing to be bound by the Terms.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE SITE.

You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using MingleSome you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations. You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
  1. You are not allowed to become a member if you are under the age of 18 years, (or the age of majority in the country in which you reside if that happens to be greater than 18).
  2. No posting or sending of content (“Content”) which:
  • contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic or otherwise may offend human dignity;
  • is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
  • incorporates the image or likeness of any individual under 18 years of age;
  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  • is defamatory;
  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of “junk” mail or “spam”;
  • contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from MingleSome or otherwise; or
  • itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).

Please use your common sense when picking the Content that you choose to post on or send via MingleSome because you are solely responsible for, and bear all liability in relation to, such Content.

  1. You may not display any personal contact or banking information on your individual profile  page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details).
  1. You’re not allowed to use other MingleSome user’s personal information to the extent that your use of it matches MingleSome’s purpose of allowing people to meet one another.
  1. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats.
  1. You must not share your password with anyone or let anyone else access your account as this jeopardises the security of all of the content and personal information that you have submitted to MingleSome. You are responsible for keeping your password secret and secure.
  1. Do not upload content to MingleSome that you do not want to share with our other members.
  1. It is not allowed to post or share content on our site, that you don’t own the copyrights to.
  2. You do not have any rights in relation to the Content on MingleSome and you agree that you will not use any Content in any manner which may infringe any third party’s rights. Without limitation to the foregoing, this means that you agree  that you will not copy, modify, adapt, distribute, publish or sell all or any part of the MingleSome site or the Content contained on it (other than the content submitted by you) to anyone else.
  1. You are not allowed to transfer (for free or as a sale) to or purchase, or sell any paid for services from other MingleSome users.
  1. Once you have requested a MingleSome premium service, you authorise MingleSome to charge your chosen payment method.

          Your subscription to MingleSome premium services will automatically renew until you decide to cancel.

 

  1. You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using MingleSome you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

 

  1. You are responsible for keeping your password secret and secure. If you don’t, MingleSome is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately. You must also immediately change your password. We reserve the right to terminate your account if you violate our rules on keeping your password secure.

 

  1. By submitting Content to MingleSome you are warranting that you are the exclusive author and owner of that Content and you agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).

          We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a                violation of their intellectual property rights or of their right to privacy or any other law.

 

  1. By accessing MingleSome or agreeing to receive messages or notifications from MingleSome through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

 

  1. We process information in accordance with our Privacy Policy. Please read the terms of our Privacy Policy prior to using MingleSome. By using MingleSome, you agree to such processing and you warrant that all data provided by you is true, correct and accurate.

 

  1. If we are sued as a result of your use of MingleSome then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of MingleSome, the uploading or submission of Content to MingleSome by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). MingleSome retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.

  1. You have the right to terminate your membership and delete your profile any time you like.

          By doing so, you give us the right to delete your entire profile, and all content posted and sent by you on MingleSome.

         Content created or uploaded to MingleSome by you, may still appear on MingleSome after your membership is terminated.

  1. MingleSome is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of MingleSome and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on MingleSome without notice and without incurring any liability to you.

 

  1. We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing MingleSome through mobile services or any similar service currently known or developed in the future.

 

  1. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any content that you upload or submit to MingleSome without any incurring liability to you. We have no obligation to display any content that you submit to MingleSome, nor to check the accuracy or truthfulness of any content submitted to MingleSome, nor to monitor your use or the use of other users of MingleSome.

 

  1. by posting or sending content on MingleSome you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide licence to use such content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future).

          We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.

 

  1. We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.

 

  1. All text, graphics, user interfaces, trademarks, logos, sounds and artwork on MingleSome are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.

 

  1. Once you have requested a MingleSome premium service, you authorise MingleSome to charge your chosen payment method.

          Your subscription to MingleSome premium services will automatically renew until you decide to cancel.

 

  1. MingleSome reserves the right not to honour any paid for services where you have attempted to transfer those services to another user or you have attempted to buy those services from another user. MingleSome will only provide paid for services to you if you are the person to whom it was issued.

 

  1. By accessing MingleSome or agreeing to receive messages or notifications from MingleSome through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

 

  1. MingleSome may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.

          Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.

 

  1. Nothing in the Terms limits or excludes our liability for:
  • death or personal injury caused by their proven negligence; or
  • any liability which cannot be limited or excluded by law.

To the fullest extent permitted by law, MingleSome expressly excludes:

  • all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability incurred by you arising from use of MingleSome, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if MingleSome has been advised of the possibility of such damages or losses, arising out of or in connection with the use of MingleSome. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god. in connection with MingleSome including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

 

  1. MingleSome retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us with relation to your use of MingleSome, without your prior consent.

 

We reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:

  • suspend or revoke your registration (where applicable) and your right to access and/or use MingleSome or submit any Content to MingleSome; and
  • make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses),

          if you do not follow and/or fully comply with these Terms and Conditions.

         We will try (but we are not obligated) to notify you if your access to MingleSome and/or your Profile is to be or has been suspended or terminated.

MingleSome has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on MingleSome and provides that information on an “as is”, “as available” basis. MingleSome does not give or make any warranty or representation of any kind about the information contained on MingleSome, whether express or implied. Use of MingleSome and the materials available on it is at your sole risk. MingleSome cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from MingleSome is free of viruses or other harmful components. You accept that MingleSome will not be provided uninterrupted or error free, that defects may not be corrected or that MingleSome, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. MingleSome is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.

If you do not accept any Change to the Terms, you should stop using MingleSome immediately. Your continued use of MingleSome following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The Terms set out the entire agreement and understanding between us and you in relation to your use of MingleSome and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.

PRIVACY POLICY

This policy and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be, are governed by and construed in accordance with EU law. In the event there is a discrepancy between this English language version and any translated copies of the Privacy Policy, the English version shall prevail. Please read this Privacy Policy carefully to fully understand how we at MingleSome handle your personal data. This document contains the following information:
-Information we collect about you
-Use and sharing of your information
-Protection of your information

MingleSome is operated by Minglesome kft, whose registered office is Váci út 22-24, 1132 Budapest, Hungary.

Our Policy applies to your use of our services at www.minglesome.com  (“MingleSome”) and its sub domains. We suggest you read it in conjunction with our Terms and Conditions (the “Terms”).

When you access or use MingleSome, you agree to our Privacy Policy and you consent to our collection, storage, use and disclosure of your personal information as we’ve set out in this Policy.

MingleSome reserves the right to change our Policy at any time and without notice, so be sure to check this Policy regularly to understand how we use your information.

IF YOU DO NOT ACCEPT AND AGREE WITH OUR PRIVACY POLICY THEN YOU MUST NOT ACCESS OR USE THE SITE.

We recommend and encourage you to be careful about the information you disclose in your profile, in messages or anywhere on the site.

We recommend that you under no circumstances put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers’ licence details and other sensitive information in your Profile.

When you post information about yourself or use the messaging, the amount of personal information you share is at your own risk. If you post anything that is inconsistent with our Terms and Conditions, we reserve the right to terminate your account.

Please remember that photographs or any video clips that you post on MingleSome may reveal sensitive personal data. If and when you do upload and choose to tell us sensitive information about yourself, you are explicitly consenting to our processing of your information and making this public to other users.

During registration we ask for your first name, email address, your gender, date of birth and your location details.

MingleSome also collects the necessary information needed to process your payment as per your chosen payment method.

Please note that we do not store any credit card or other payment card details. However, our payment service providers do (and are approved to do so by all applicable regulatory bodies).

When visiting the site, we place session ID cookies on your computer.

More about cookies under COOKIES.

When accessing our features, we collect certain technical information about your computer system or mobile device and statistical data.

We use this information to improve our site/apps and our features, so that you can increase your fun.

When contacting us, you automatically share your email address and we will store it for future communications. We may also track your IP address and the information you send us, to help resolve your query.

We keep records of these communications, including complaints from and about you.

NOTE: MingleSome does not knowingly collect any information nor market our services to children, minors or persons under the age of 18 or the age of majority in the country in which they reside.

Once you have created a Profile, we will automatically track certain information such as your IP and email addresses.

  • MingleSome uses your personal information to resolve disputes, troubleshoot problems and enforce our Terms and Conditions.

A cookie is a piece of text stored on your computer or mobile by your web browser. When you visit the publicly available sections of MingleSome, a session ID cookie is placed on your computer that only lasts while you’re visiting. We also place persistent cookies on member’s computers, so that MingleSome remembers them and makes their login experience faster and easier.

Some of our business partners use cookies on our site. We have no access to or control over these cookies once we have given permission to them to set cookies. Practices of those business partners are subject to their own policies.

  • If however, you want to stop cookies being stored on your computer in future, or limit the type of cookies you allow, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. For more information about deleting and controlling cookies please visit www.allaboutcookies.org or www.youronlinechoices.com.

Flash cookies (also known as local shared objects) operate differently to browser cookies so cookie management tools available in a web browser will not remove flash cookies. To learn more about and manage flash cookies you can visit www.adobe.com and make changes at the privacy settings panel.

If you disable cookies you may lose some of the features and functionality of our site

Your email address is used to send important notifications, updates, important questions and such. It is not possible to opt out from receiving these important and necessary notifications.                                                                                                                

We will never “spam” you with offers from third parties, or so called notifications to try to get you to become a paying subscriber.

  • Information provided by you in your profile and pictures are displayed to other members to ensure you get to meet as many people as possible on MingleSome, other members get to see your user name and any information you post on your Profile, including photos depending on your  ‘Privacy filter’ settings.
  • Only enter as much information as you are willing to share.
  • You can also choose to limit who and what, by adjusting your privacy filter settings.

Beware that you may not use other user’s information for commercial purposes, to spam, to harass, or to make unlawful threats. MingleSome reserves the right to terminate the accounts of those who misuse other user’s information or who otherwise violate the Terms and Conditions.

We will also take legal action in extreme cases.

 

With third parties

We may share aggregated information that includes your personal information (but which doesn’t identify you directly), together with other information including log data with third parties for industry analysis and demographic profiling and to deliver targeted advertising about other products and services.

We do not sell or rent out any personal information about you to any third party.

MingleSome discloses aggregated non-personal data for marketing and promotional purposes. That means we do not disclose any information that could be used to identify you.

We will cooperate with all law enforcement inquiries and with all third parties to enforce their intellectual property or other rights. We may also disclose your personal information to government or law enforcement agencies, or private parties, as required by law when/or, in our sole discretion, we believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, or legal process served on us.

In the event that MingleSome or any of its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organisation, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal information.

MingleSome has implemented reasonable and appropriate security measures to protect and prevent the loss, misuse, and alteration of the information under our control, including your personal information. MingleSome uses reasonable security measures to safeguard the confidentiality of your personal information such as secured servers using firewalls. Our technical experts at MingleSome work hard to ensure your secure use of our site.

While we take reasonable precautions against possible security breaches of our website, member database and records, no website or Internet transmission is completely secure and we cannot guarantee that unauthorised access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your password) and to log out of your account after use.

We cannot guarantee the security of your personal data while it is being transmitted to our site and any transmission is at your own risk. Once we have received your information we have procedures and security features in place to try to prevent unauthorised access.

You may not disclose your password to any third parties or share it with any third parties. If you lose your password or give it out, your personal information may be compromised. If that happens, please report it to us. You must change your password immediately via your “Account” page. MingleSome cannot be held responsible for your failure to keep your password secure and failure to do so may violate our Terms and Conditions.

 

NOTE:

If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on MingleSome, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

EFFECTIVE DATE:

The Terms were last updated: 2023-02-22
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