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Last Updated: 06/15/2014
The Services are currently under intense development and different features will be rolled out over the coming months. Some parts of these Terms refer to functionality that have not yet been implemented or deployed. Once such functions are available for use, by continuing to use the Services you agree that those parts of these Terms shall go into effect.
The Services are not intended for individuals under 18 years of age. If you are under 18, you are strictly prohibited from using the Services, and you may not access any features that allow you to provide information to us or communicate and share information with other users. Accordingly, you represent and warrant that you are 18 years of age or older and that you have the right, authority and capacity to enter agree to and abide by these Terms.
By accessing the Services, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. We do not currently conduct criminal background searches on Members. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm compliance with these Terms. Void Where Prohibited. You are responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Services is not permitted where such use is prohibited.
Your security and safety are paramount to us. The Services naturally promote sharing of personal information among Members and non-Members. You should be aware that some of your profile information as a Member shall be public, could be indexed by Internet search engines and may be used for any purpose. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others, or with any other users, including Members. We do not and cannot assure that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us at email@example.com so that we may take appropriate action to block further use of the Services by any individuals who may have accessed them for improper purposes.
You agree to use any information (personal or otherwise) provided to you by Members, or otherwise through the Services, in a lawful and responsible manner. You agree that you will not use information about Members for any reason without the express prior consent of the Member that has provided such information to you.
You further agree not to engage in advertising to, or solicitation of, other Members, including but not limited to: solicitation or advertising through the Services; solicitation to attend parties or other social functions for commercial purposes; solicitation to network for commercial purposes; and transmission of chain letters or junk messages and email.
By accessing the Services, you agree to the following code of conduct:
We may offer features that are based on the location of Members and which may report on those Members' current locations (the " Location-Based Services"). Use of Location-Based Services is solely at your discretion. Should you use Location-Based Services, you consent to collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to disseminate your location information together with your profile information through the Services.
The Services are generally for the use of individual Members only. However, from time to time, we may approve commercial use of the Services through corporate partnerships and agreements. Unless specifically authorized for commercial use by us under such an arrangement, organizations, companies, and/or businesses may not become Members and should not use the Services for any purpose. Illegal and/or unauthorized uses of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, are prohibited.
Your use of the Services, including but not limited to any content you post, must be and shall be in accordance with any and all laws and regulations that apply to you and your use of the Services.
You are solely responsible for your interactions and arrangements with other individuals. You understand that we do not, in any way, screen individuals, including Members, nor do we inquire into the backgrounds of Members or attempt to verify their statements. We make no representations or warranties as to (i) the conduct of Members, (ii) Members' compatibility with current or future Members, (iii) any information concerning any venues, dates (proposed, accepted, or otherwise), schedules or events suggested by Members or otherwise through the Services. We do not verify or check any arrangements, including proposed dates or schedules, on behalf of Members, and we therefore make no guarantees about such dates or schedules. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Members or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with other Members or any other individual you come into contact with through the Services, particularly if you decide to meet such Members or individuals in person.
You understand and agree that we make no guarantees, express or implied, regarding the provenance of, or your compatibility with, individuals you meet through the Services. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
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. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on 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 on the Services. Under no circumstances will we or our affiliates 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 Members.
You understand that we, at our sole discretion, at any time, for any reason or no reason whatsoever, can deny or block any user from the Services and terminate any user's account if he/she is a Member.
You understand that we have the right to request complete, accurate and current information confirming eligibility for subscription and/or membership and you agree to provide that information in response to such a request.
You acknowledge and agree that we have the right to disclose information you provide if required to do so by law at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including a user or Member) is threatened.
You acknowledge and agree that we have no duty whatsoever to prescreen, control, monitor or edit the content posted by Members and we are not liable for content that is provided by others. However, you understand and agree that we may, but are not required to, review, edit and delete any content, email, messages, photos, dates or profiles that, in our sole judgment and discretion: (i) violate these Terms; (ii) may be offensive, disturbing, unsafe, or illegal; or (iii) may violate any rights of other Members or third parties.
You acknowledge and agree that we may from time to time modify, change, suspend or discontinue, temporarily or permanently, in whole or in part, any aspect or feature of the Services without notice to you, including changes to usage and to access procedures. You acknowledge and agree that we shall not be liable to you or any third party for any such modification, change, suspension or discontinuance.
You understand and agree that you are responsible for maintaining the confidentiality and security of the username and password that you designate during the process of becoming a Member, and you are fully responsible for anything that occurs under your username and password.
You agree to (1) immediately notify us of any unauthorized use of your username or password or any other breach of security and (2) ensure that you exit from your account at the end of each session. You acknowledge and agree that we will not be liable for any loss or damage arising from your failure to comply with this provision.
You agree to use extra care when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
We use industry-standard techniques to safeguard your account information. However, perfect security is not possible on the Internet, and therefore we cannot and do not guarantee that information provided to us will not become public under any circumstances. This is particularly true for any information you provide on public areas of the website, including public profile information, with is fully public, may be indexed by Internet search engines and may be used for any purpose.
We and our licensors own and retain all proprietary rights in the Services. The Services may contain the copyrighted material, trademarks, and other proprietary information of us and our licensors (the "Site Content"). Except for Site Content that is in the public domain or for which permission has been provided, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Site Content.
Subject to these Terms, we grant to you a limited, revocable, non-exclusive, fully paid license to access the Site Content, for the sole and limited purpose of facilitating your use of the Services.
You acknowledge and agree that if you use the Services to contribute content (such as ideas for dates, profile information, comments, responses, etc.) ("User Content"), you hereby do and shall grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format, through any media channel, for any purpose and to allow others to do so. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services and to use such User Content as permitted by the Services and under these Terms.
You represent, warrant and agree that you will not contribute any User Content that:
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent for notice of claims of copyright infringement (Mesh Labs Inc., c/o levinegerba || attorneys, 45 S. Park Pl. #237, Morristown, NJ 07960) with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
You may become a Member at no cost. As a Member, you will have the ability to use all of the available non-adminstration features of the Services.
Mobile functionality of the Services may be provided for free, but please be aware that your carrier's normal rates and fees, such as message and data rates, may still apply and you are solely responsible for those fees. To the extent necessary, in the event you change or deactivate your mobile telephone number, you agree that you will update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
We may provide assistance and guidance to users and Members through our employees or agents. When communicating with those individuals, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
You may terminate your membership and/or subscription at any time, for any reason, by following the instructions in your Settings or by sending written notice of termination to Mesh Labs Inc. at 242 10th street, Brooklyn NY 11215 or email notice of termination to firstname.lastname@example.org.
We, at our sole discretion, may terminate your membership and/or subscription for any reason or no reason. We are not required to provide you notice prior to terminating your membership and/or subscription. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.
You may be provided links to other websites or resources through the Services. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
You will only use the Services in a manner consistent with these Terms and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (a) embargoed goods, (b) identified as a "Specially Designated National," or (c) placed on the Commerce Department's Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services; the Services may not be used where prohibited by law.
If there is any dispute arising out of the Services, by using the Services you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, 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 Deleware, in Dover, for the resolution of any such dispute.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.
These Terms contain the entire agreement between you and us regarding the use of the Services.
If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Even after your membership or subscription is terminated, or your use of the Services discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Please contact us at email@example.com with any questions regarding these Terms.
BY USING THE SERVICES, YOU AGREE THAT YOU HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.