Terms of Use Agreement
Welcome to Meshugalove.com, the service for single adults to meet each other online,
operated by Meshugalove, LLC By using our site, you are agreeing to comply with and be
bound by the following terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not use this site. The term “Meshugalove”
or “us” or “we” or “our” refers to Meshugalove, LLC.,
the owner of the Web site. The term “you” refers to the user or viewer
of our Web Site.
Acceptance of Agreement.
(a) You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (www.Meshugalove.com). This Agreement
constitutes the entire and only agreement between us and you, and supersedes all
prior or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be amended
at any time by us from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to using
the Site.
(b) You have the right at any time to withdraw your consent to this agreement. Should
you choose to withdraw your consent to this Agreement, we will discontinue your
then-current username and password. This means that you will not have the right
to use the Service unless, and until, we issue you a new username and password.
To withdraw consent please contact feedback@Meshugalove.com
Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by the Limited License;
Permitted Uses section below, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials. Some of the content on the site is
the copyrighted work of third parties.
Service Marks.
"Meshugalove.com" and others are our service marks or registered service marks
or trademarks. Other product and company names mentioned on the Site may be trademarks
of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access
and use the Site strictly in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter whatsoever under any circumstances.
Member Accounts
Members must be at least eighteen (18) years of age to register as a member
of Meshugalove.com or use the Website. All Members of the Service shall receive a password
and an account. Members are entirely responsible for any and all activities which
occur under their account whether authorized or not authorized. Member agrees to
notify Meshugalove, LLC of any unauthorized use of Member’s account or any other
breach of security known or should be known to the Member. Member’s right
to use the Service is personal to the Member. Member agrees not to resell or make
any commercial use of the Service without the express written consent of Meshugalove,
LLC.
You may become a Member of the Service at no cost. As a Member, you will have the
ability to participate in some, but not all, of the features and services available
within the Service. In order to access additional features and services, including
the ability to communicate with other Members, you must become a paying subscriber
to the Service.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents
(collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy, print
(except for the express limited purpose permitted by the Limited License; Permitted
Uses section above), republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved there from; (b) use the Site
or any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or derivative works
of any Content and Materials from the Site; (d) use any Content and Materials from
the Site in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove, change
or obscure any copyright notice or other proprietary notice or terms of use contained
in the Site; (f) make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer any Site software
or use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Site; (i)
use the Site for the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent domain
names, or other means of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or any software available
on or through the Site, in violation of the export control laws or regulations of
the United States.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or other notices
on the Site, (b) your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately upon request by
us.
Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is accurate
and complies with applicable laws. We are not responsible for the illegality or
any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Registration.
Certain sections of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate, complete registration
information. Your registration must be done using your real name and accurate information.
Site registration is for your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the registered sections under
your name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the
Site. We are not responsible for and assume no liability for any mistakes, misstatements
of law, defamation, omissions, falsehood, obscenity, pornography or profanity in
the statements, opinions, representations or any other form of content on the Site.
You understand that the information and opinions in the third party content represent
solely the thoughts of the author and is neither endorsed by nor does it necessarily
reflect our belief.
Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors,
employees, subcontractors, successors, assigns, third party suppliers of information
and documents, attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or use the Site is not transferable or assignable.
Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN THE LIMITATION OF LIABILITY(b) SECTION. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable there from, (b) the
unavailability or interruption of the Site or any features thereof, (c) your use
of the Site, (d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission as confidential,
and will not be liable for any ideas (including without limitation, product, service
or advertising ideas) and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations. Without limitation,
we will have exclusive ownership of all present and future existing rights to the
Submission of every kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not us, have full responsibility for the
message, including its legality, reliability, appropriateness, originality, and
copyright.
Third-Party Services.
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services. You
understand that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of or purchase from such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants
will apply to you while on any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments on behalf
of the other.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
You must review this Privacy Policy located at www.Meshugalove.com.
Payments.
You represent and warrant that if you are purchasing something from us or from Merchants
that (i) any credit information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Site and access these third-party sites, you do
so at your own risk.
Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on
the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can
be reached by directing an e-mail to the Copyright Agent at customerservice@Meshugalove.com
Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and Materials
provided therein.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Maryland,
and shall be governed by and construed in accordance with the laws of the State
of Maryland (without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall be subject to
the limitations set forth in the Disclaimer and Limitations of Liability sections.
The language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. This Agreement and all incorporated agreements
and your information may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale or merger. Should any part
of this Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement
or our services, excluding legal action taken by us to collect or recover damages
for, or obtain any injunction relating to, Site operations, intellectual property,
and our services, shall be settled solely by binding arbitration in accordance with
the commercial arbitration rules of JAMS (http://www.jamsadr.com). Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Maryland and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or us may seek any interim
or preliminary relief from a court of competent jurisdiction in Maryland necessary
to protect the rights or property of you and us pending the completion of arbitration.
Each party shall bear one-half of the arbitration fees and costs incurred through
JAMS.