MixDate LLC. ("MixDate.com") and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "MixDate.com") encourages and promotes the MixDate.com website (the "service") as an environment that fosters interaction and participation among its members ("members"). members should thus feel free to express themselves. However, members should keep comments and contributions within the community values of the service and must comply with applicable laws and these terms of service (the "Terms of service").

The service is provided by MixDate.com to you ("you" or "member"), subject to the Terms of service, and other terms and conditions that may be published by MixDate.com from time to time on the service. MixDate.com may change, suspend or discontinue the service, at any time without prior notice to its members. MixDate.com may also impose limits on certain features or services contained in the service without prior notice. MEMBERS WHO VIOLATE THE TERMS OF SERVICE MAY PERMANENTLY BE BANNED FROM USING THE SERVICE.

Please read the Terms of service carefully. By using the service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the service. MixDate.com reserves the right to change, modify, add or remove portions of the Terms of service at any time, in its sole discretion. If you continue to use the service after MixDate.com has posted changes to the Terms of service, it means you have accepted those changed terms.

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Content and Conduct

Software files, text, sounds or other information (collectively, "Content") transmitted, posted, linked or uploaded on or through the service by members may not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other members, and must comply with MixDate.com's Netiquette Rules.

By transmitting, posting, linking or uploading Content to any part of the service, you represent and warrant that neither your content nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.

You hereby grant to MixDate.com a non-exclusive, worldwide, perpetual fully paid-up license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.

You acknowledge that by providing you with the ability to distribute your Content, the service is acting as a passive conduit for such distribution and MixDate.com is not undertaking any obligation or liability relating to any Content or activities of its members. MixDate.com cannot prevent members from placing prohibited content on the service. Furthermore, MixDate.com may elect at its sole discretion to monitor some, all, or no areas of the service for adherence to these terms of service or other terms and conditions that may be published by MixDate.com from time to time. Upon notification of inappropriate material, MixDate.com reserves the right, but not the responsibility to remove the Content from the service. MixDate.com further reserves the right to stop a member from accessing the service upon receipt of complaints about the member's contributions and participation on the service.

You and any person who have access to the service must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content posted by you to the service. MixDate.com does not pre-screen Content as a matter of policy, but MixDate.com reserves the right, but not the responsibility, to remove Content which is deemed in MixDate.com's sole discretion harmful, offensive, inaccurate or otherwise in violation of the Terms of service or any rules or policies MixDate.com has in place at the time.

MixDate.com may terminate your access to the service at any time for any reason. Once your access to the service is terminated, you cannot engage in the service in any manner or for any reason without the express written consent of MixDate.com, and you cannot assist in enabling a terminated member access to the service via your Account.

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Copyright Regulations

Everything you see or read on the service is owned by us or used with permission. You may not copy, use, or retransmit anything for the service without our express written permission. Furthermore, you are not allowed to post or distribute any material you do not own or which you do not have permission to use. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties.

MixDate.com respects the intellectual property of others, and we ask you to do the same. MixDate.com is in compliance with the Digital Millennium Copyright Act. In order to protect the intellectual property of people from misuse we ask you to help us. If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the service, please provide MixDate.com's Copyright Agent the following information:

1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the service where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place.
3. A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published.
4. Your address, telephone number, and email address.
5. 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.
6. A statement by you made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

MixDate.com's Copyright Agent for Notice of claims of copyright infringement can be reached by email

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General

These Terms of service constitute the entire understanding of you and MixDate.com with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.

Nothing contained in these Terms of service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and MixDate.com.

The provisions of these Terms of service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and MixDate.com as reflected in the original provision.

Any delay or failure on the part of MixDate.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.

You indemnify and hold harmless MixDate.com, and the officers, directors, employees, partners, principals, agents and representatives of MixDate.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of service.

All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of service, including without limitation all of your representations, warranties and indemnification obligations.

The Terms of service shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. You and MixDate.com consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County for resolution of any and all disputes arising out of or related to the Terms of service.

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Limitation of Liability

To the full extent permissible under the applicable law, MixDate.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the service.

In no event shall MixDate.com have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the service or any information, advice, or services provided on or downloaded from the service or accessed on the Internet from the service, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, MixDate.com's liability is limited to the greatest extent permitted by law.

The service contains links to third-party World Wide Web sites and other resources. MixDate.com assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a member may have regarding any other site should be directed to the relevant site administrator or Webmaster.

The information, advice, facts, opinions or other content appearing on the service posted by members or third parties are those of the respective authors and do not reflect the views of MixDate.com. MixDate.com assumes no responsibility or liability for these materials.

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Disclaimer of Warranties

Everything on the service is provided to you "AS IS" and "AS AVAILABLE." MixDate.com does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the service, any products, merchandise, information or services provided through or advertised on the service, or the accuracy or results obtained from the use of any products, merchandise, or information or services provided through or advertised on the service. MixDate.com does not guarantee or warrant that any files available for downloading through the service will be free of infection by viruses or other code that may contain contaminating or destructive properties.

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Links to Third-Party Sites

Any third-party sites to which the service may link are not under MixDate.com's control, and MixDate.com does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, MixDate.com does not intend links contained on the service to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

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Privacy

MixDate.com wants all members to have the freedom to express themselves, however at the same time, MixDate.com wants all members to feel secure.

The following Privacy Policy demonstrates our intent and commitment to protect members' rights online.

1. Profile information will be used to create personalized content, service, and advertise on the service. MixDate.com may also use your profile to generate aggregate reports and market research.
2. All profile data stored by the service has been entered solely by the respective member.
3. members can modify registration data associated with their account, and can control selected private information from being disclosed on their member page.
4. Communication transcripts of online chats are not retained.
5. E-mail communications are only accessible by the designated recipients, except that MixDate.com personnel involved in maintenance of the system may have access to the service mail communications.

Personally identifying information, or personal information, includes your name, home or other address, email address, or any other information that tells another person who you are. When you register as a member, we ask for some personal information such as your email address.

Our policy regarding this information is simple: Except as provided in this statement, MixDate.com may use this information to send you offers and information we think you would be interested in from MixDate.com and it's partners but not without your explicit permission. MixDate.com will also give you an opportunity to opt out of this service at any time. We make an effort to include a link to this Privacy Policy wherever we ask you for personal information.

We also collect other information at registration such as your birthday, city where you live, preferences, and interests. This information cannot be used to identify you. We place this information in your MixDate.com profile, which is publicly available so that other members who share your interests can connect with you.

Some of our services, such as email are offered in conjunction with partner companies. In order to provide these services, we must disclose certain information to our partners including your Username and email address. Our content partners may also ask you for some additional personal information. Our partners are all upstanding companies that will treat your personal information responsibly. But, since we don't own these companies, we can't speak for them on privacy issues.

Other companies also may sponsor promotions, contests and sweepstakes running on the service. These companies may choose to collect personal information from you. If you don't want your information collected by these sponsors, you can decide not to participate in the promotion, contest or sweepstakes. You should be aware that our advertisers or Web sites that have links on the service may collect personally identifiable information about you. This privacy statement does not address the information practices of those Web sites or advertisers.

Finally, we may disclose member information when we are required to by law, or when have reason to believe that someone is causing injury to or interference with our rights or property, other service members, or anyone else that could be harmed by such activities.

Your member profile is password-protected so that you and only you have access to this information. In order to maintain this protection, do not give your password to anyone. Also, we recommend that, if you share your computer with other people, you sign out of your Account and close your browser window when you are done. Signing off will protect your information if you share a computer with someone else or are using a computer in a public place like a library.

We make every effort to ensure that your information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

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Cookies

In our effort to provide you services customized to your interests, we use cookies to keep and sometimes track information about you. A cookie is a small piece of data that is sent to your browser from a Web server and stored on your computer's hard drive. We use cookies to: access your account information (stored on our computers) in order to deliver better and more personalized services; estimate our audience size for our advertisers; track the number of entries in our promotions, sweepstakes and contests; identify which areas of the service you have visited. You should also be aware that companies that advertise on the service might use their own cookies. This privacy policy does not cover how these companies use their cookies.

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Age Restriction

The service will prohibit registration by and will not knowingly collect personally identifiable information from anyone under 18.

This restriction will be posted at points of data collection within the service, such as registration for services.

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Fees and Costs

You are responsible for paying any fees for all member services and other costs you may incur in connection with the service, including costs incurred in connecting to the service via the Internet. MixDate.com reserves the right, at any time, to change the fees for access to the service.

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Netiquette

You are entirely responsible and liable for all of your activities on MixDate.com. Listed below are some, but not all, violations that may result in termination of your access to MixDate.com. By using MixDate.com, you agree NOT to do any of the following:

1. Post, transmit, promote, or distribute content that is illegal, that encourages illegal activity, or that infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party.
2. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, pornographic, obscene, defamatory, or objectionable in a reasonable person's view.
3. Pretend to be anyone whom you are not. You may not impersonate another member, a MixDate.com staff member, or anyone else.
4. Attempt to get a password, other account information, or other private information from a member, or harvest email addresses or other information.
5. Post any unsolicited advertising, promotional materials, or any other forms of solicitation.

Pornography, obscenities, and defamatory postings are not allowed anywhere on MixDate.com. Postings of this kind will be removed immediately and will result in the termination of your account. If you see any pornographic, obscene or defamatory postings, please notify us immediately.

Postings which violate the intellectual property rights of third parties are not allowed anywhere on MixDate.com. Postings of this kind will be removed immediately, and a violation will be issued to the member responsible for the posting (several violations will result in the termination of your account). If you see any content which you believe infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party, please notify us immediately.

Usernames that contain obscene words, derogatory or racist remarks, or references to sexual acts or sexual anatomy are not allowed on MixDate.com. Usernames of this kind will be deleted immediately upon discovery. If you see a Username that contains obscene, racist or derogatory references, please notify us immediately.

Harassment of another MixDate.com member via notes, email, or postings is not permitted. Harassment means: saying bad things about them; sending them unwanted messages; attacking their race, heritage, etc. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. While we encourage you to introduce yourself to other members, please respect their wishes if they do not want you to send them mail. If you feel that another member is harassing you, please notify us by filling out a member Violation report.

We can, whenever we want, edit or delete any content displayed, uploaded to, distributed, or otherwise published through the service.

We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material posted by members that you may encounter while using the service.

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