TERMS OF SERVICE FOR NEXTC, LLC

  Including all Related Websites Owned by or Registered to NextC, LLC

  Please read this terms of service agreement before registering your mingle2.com account or providing any additional
  personal information to mingle2.com. By completing the registration process, choosing the "Accept" button and
  otherwise accessing and utilizing the mingle2.com services and website, you agree to be legally bound by this
  Agreement. If you do not accept these terms and conditions, you may cancel your registration by not clicking the
  "Accept" button and exiting from the mingle2.com account registration page.

  Service

  Our Service provides you with the ability to register and regularly update your profile. You may also utilize
  certain additional services offered from time to time such as permission based Instant Messaging other registrants
  on this website and other communication services, shopping and e-commerce offerings, and various informational
  services. mingle2.com reserves the right to modify, edit, or discontinue its services, in whole or in part, at any
  time, for any reason or no reason at all, at our sole discretion, with or without notice to you and without
  obligation to you. We may also impose limits on certain features of our Service or restrict your access to parts or
  all of the website without notice or liability. The Website has joined the Mingle dating network which pools resources
  and members of several dating properties to provide you with a larger selection of members to communicate with. Any content
  you post may be visible on other sites/apps on the network.

  Member Information

  By registering and accepting this Agreement, you represent and warrant that (a) all information submitted by you is
  true, accurate, current and complete; and (b) you shall maintain and update information submitted in order to keep
  it truthful, current, accurate, and complete at all times. If any information that you submit during the
  registration process is untrue, inaccurate, out of date or incomplete, mingle2.com shall have the right to
  terminate your use of the Service.

  Adults only

  You represent, warrant and covenant that you are at least 18 years old.

  Code of Conduct

  You agree to use this website in accordance with the following Code of Conduct:

  (1) You will keep all information provided to you through the Service as private and confidential and will not give
  such information to anyone without the permission of the person who provided it to you; (2) You will not use the
  Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of
  communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or
  racist, pornographic, obscene, or offensive language; (3) You will not forward chain letters through the Service;
  (4) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any
  person; (5) You will not post messages, pictures or recordings or use the Service in any way which (i) violates,
  plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or
  trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or
  violates the law; (6) You will not use the Service to distribute, promote or otherwise publish any material
  containing any solicitation for funds, commercial advertising, or solicitation for goods, donations, or services;
  (7) You will not use the Service to distribute or upload any virus, Trojan horses, or do anything else that might
  cause harm to the Service, mingle2 systems, or to other members' systems in any way. (8) You will not post or
  transmit in any manner any contact information including, but not limited to, email addresses, Instant Messenger
  nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information; and
  (9) You will not engage in any activity that constitutes or facilitates "spamming" or the sending of mass
  unsolicited messages.

  You shall not hold yourself out a sponsored by, endorsed by or affiliated with mingle2.com. You shall not attempt
  to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by
  mingle2.com in connection with the mingle2 Site or the Services.

  Privacy and Use of Information

  By using mingle2.com you acknowledge that (a) we cannot ensure the security or privacy of information you provide
  through the Internet and your email messages, and you release us from any and all liability in connection with the
  use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of
  any information which you provide to them; and (c) we assume no responsibility for the content of messages sent by
  other users of the Service, and you release us from any and all liability in connection with the contents of any
  communications you may receive from other users. We cannot guarantee, and assume no responsibility for, verifying
  the accuracy of the information provided by other users of the Service.

  You may not use mingle2.com for any unlawful purpose. We may refuse to grant you an ID, nickname or username that
  impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as
  determined by us in our sole discretion.

  Monitoring Information

  We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the
  content guidelines which may be applicable from time to time.

  Removal of Information

  While we do not and cannot review every message, photograph, or other material posted or sent by users of
  mingle2.com, and while we are not responsible for any content of these messages or materials, we reserve the right,
  but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles,
  photographs, public postings and messages that we, in our sole discretion, deem as unacceptable and/or violates the
  Code of Conduct set forth above or any applicable content guidelines. You shall remain solely responsible for the
  content of profiles, public postings, messages and other materials you may upload to the Service or users of the
  Service. Please visit Contact Us page and choose Content Removal Request for reason to submit us a removal request.

  Termination of Access to Service

  We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or
  without notice to you for any reason or no reason, including without limitation breach of this Agreement. Without
  limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may
  otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your
  access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement
  agencies.

  Intellectual Property and Proprietary Rights You acknowledge that the Services and the mingle2.com site are
  protected by certain proprietary and intellectual property rights belonging to mingle2.com and that you have no
  right, title or interest in the Services of our site. All copyrights, patents, trademarks, service marks, trade
  secrets, database rights and other proprietary rights pertaining to the Services and the mingle2.com site are the
  sole and exclusive property of NextC, LLC and/or its licensors. This provision shall survive termination of this
  Agreement.

  mingle2.com will process, investigate and respond to any notification of infringement of any third party's
  intellectual property and proprietary rights in accordance with applicable laws, including, without limitation, the
  Digital Millennium Copyright Act [create link].

  External Links

  The Service may from time to time contain links to other Internet sites and resources ("External Links"). You
  acknowledge that we are not responsible for, and have no liability as a result of, the availability of External
  Links or their contents.

  Indemnity

  You agree to indemnify us, our office, directors, affiliates, parent corporations, employees, and agents, from any
  loss or damages, including without limitation reasonable legal fees, which may occur from your activities while on
  or stemming from use of the Service, including but not limited to any breach by you of this Terms of Service or any
  charges or complaints made by other parties against you. You shall cooperate in your fullest capacity as reasonably
  required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any
  matter otherwise subject to indemnification by you, provided, however, that you shall remain liable for any such
  claim.

  DISCLAIMERS OF WARRANTIES

  YOU AGREE THAT USE OF MINGLE2.COM AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. MINGLE2.COM AND THE SERVICES ARE
  PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS IMPLIED AND STATUTORY WARRANTIES,
  INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
  NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTEND PERMITTED BY LAW. TO THE
  FULLEST EXTENT PERMITTED BY LAW, MINGLE2.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
  ACCURACY AND PERFORMANCE OF THE MINGLE2.COM SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW,
  MINGLE2.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MINGLE2.COM
  SITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE MINGLE2.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
  MINGLE2.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MINGLE2.COM
  SITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,
  the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This provision shall
  survive termination of this Agreement.

  LIMITATION OF LIABILITY

  UNDER NO CIRCUMSTANCES SHALL MINGLE2.COM BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE MINGLE2.COM SITE OR THE
  SERVICES OR RELIANCE ON THE MINGLE2.COM SITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
  RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF
  MINGLE2.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
  THE DAMAGES ARISE FROM USE OR MISUSE OF THE MINGLE2.COM SITE OR THE SERVICES, FROM INABILITY TO USE THE MINGLE2.COM
  SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE MINGLE2.COM
  SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES
  OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MINGLE2.COM SITE OR THE SERVICES OR ANY LINKS ON
  THE MINGLE2.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
  CONNECTION WITH THE MINGLE2.COM SITE OR THE SERVICES OR ANY LINKS ON THE MINGLE2.COM SITE. SUCH LIMITATION SHALL
  APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. THESE LIMITATIONS
  SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPLY
  TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such
  jurisdictions, the foregoing limitation may not apply to you. This provision shall survive termination of this
  Agreement.

  International Use

  mingle2.com makes no representation or warranty that the mingle2.com site or the Services will be appropriate or
  available in any location outside the United States and any access of the mingle2.com site or the Services in
  jurisdictions where such access would be illegal is prohibited. Any individual who accesses the mingle2.com site or
  the Services in any jurisdiction outside the United States does so on his or her own initiative and assumes all
  responsibility for compliance, and all risk of noncompliance, with all applicable laws and regulations having the
  force of law. This provision shall survive termination of this Agreement.

  Force Majeure

  Without limiting the generality of the disclaimers of warranties and limitations of liability contained in the
  previous sections, under no circumstances shall mingle2.com be held liable for any delay or failure in performance
  under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable
  control, including but not limited to internet failures, computer equipment failures, telecommunications equipment
  failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil
  disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental
  actions, orders of domestic or foreign courts or tribunals, or nonperformance of third parties. This provision
  shall survive termination of this Agreement.

  Information on data

  You acknowledge and agree that all content uploaded by you to the Service is available for all customers within the
  mingle2.com database and companies that mingle2.com is partnered with. This is applicable regardless of the matter
  that other customers may have registered for the services provided by or us via other apps in the mingle2.com Network
  or us or via other cooperation partners. Reciprocally you also enjoy the benefits of this central database for the
  Services provided which are available via different apps, due to the broader database available for you.

  Your profile and its contents may be searchable by, and you may be able to search for the profiles and their contents
  of members registered to other apps operated or partnered with us, for example, co-branded or privately labeled. Your
  profile and its contents may be searchable by third-party search engines, for example Google, MSN, etc.

  Limitations of Actions

  You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or
  related to, your use of the mingle2.com site or the Services must be filed within one (1) year after such claim or
  cause of action arose, or be forever barred. This provision shall survive termination of this Agreement.

  Relationship of Parties

  You and mingle2.com are independent contractors. You are not an agent, representative, partner or employee of
  mingle2.com. You will not have any right, power, or authority to enter into any agreement on behalf of, or incur
  any obligation or liability of, or to otherwise bind mingle2.com. This Agreement will not be interpreted or
  construed to create an association, agency, joint venture, or partnership between you and mingle2.com or to impose
  any liability attributable to such a relationship upon either party.

  No Resale, Assignment, or Sublicensing

  You agree not to resell, assign, sublicense, or otherwise transfer or delegate your rights or obligations under
  this Agreement without the prior express written consent of an authorized executive officer or representative of
  mingle2.com. This provision shall survive the termination of this Agreement.

  Nonwaiver and Severability

  mingle2.com's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such
  right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the
  parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in
  the provision and agree that the other provisions of this Agreement shall remain in full force and effect. This
  provision shall survive termination of this Agreement.

  Successors and Assigns

  This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,
  successors and assigns. This provision shall survive termination of this Agreement.

  Choice of Law

  This Agreement shall be governed by the laws of the State of California without respect to choice of law rules and
  the Parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in Santa Clara
  County, California for such purpose. This provision shall survive termination of this Agreement.

  Headings

  The captions and headings used in the Agreement are inserted for convenience only and will not affect the meaning
  or interpretation of the Agreement.

  Merger Clause

  This Agreement constitutes the entire and only agreement and supersedes any and all prior agreements, whether
  written, oral, express, or implied, of you and mingle2.com with respect to the transactions set forth herein.
  Neither party will be bound by, and each party specifically objects to, any term, condition, or other provision
  which is different from or in addition to the provisions of the Agreement (whether or not it would materially alter
  the Agreement) and which is proffered by such party in any correspondence or other document, unless the party to be
  bound specifically agrees to such provision(s) in writing.

  Termination

  This Agreement may be terminated by you at any time by discontinuing use of the Services. This Agreement may be
  terminated by mingle2.com (i) automatically upon any violation of this Agreement, with or without prior notice to
  you, at mingle2.com's sole discretion; (ii) at any time, for any reason, or no reason at all, with or without prior
  notice to you, upon mingle2.com's blocking of your access to the Services, discontinuation of your account and/or
  notification to you at the e-mail address provided in your registration. Upon any termination by mingle2.com, you
  shall discontinue any effort to access the mingle2.com site or the Services.

  Modification

  mingle2.com may modify this Agreement from time to time at our sole discretion, with or without notice to you.
  Please check the Terms of Service frequently. If you do not agree to any modifications, you should terminate your
  use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in
  this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

  Privacy Policy

  Please also read our privacy policy regarding personal information you submit on our website.

  Fees for Services

  In addition to the free services provided by Mingle2.com, certain premium services are offered which require
  payment for service. Where payment is required, the following additional terms and conditions will apply

  Cancellation of Premium Services

  You may request cancellation of services of any Mingle2.com services at any time. If a fee has been paid for a
  service, all such payments for services are non-refundable. Where billing for a service is recurring on a monthly,
  yearly or other periodic basis, the unused portion of the current service service period will not be refunded.

  Free Trials and Other Promotions

  Any free trials or other promotion that provides additional services on Mingle2.com must be used within the
  specific time of the trial. You must cancel your premium subscription before the end of the trial period in order
  to avoid being charged a premium service fee. If you cancel prior to the end of the trial period and inadvertently
  charged for a subscription, please contact Customer Care to have the charges reversed.


  Auto-renewal

  Your subscription will be automatically extended for successive renewal periods of the same duration as the
  subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign
  your subscription at any time, go to Settings.

  Recurring Billing

  Most subscription plans to the premium services consist of recurring periodic charges as agreed to by you. By
  entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature
  and you accept responsibility for all recurring charges prior cancellation. Mingle2.com submits periodic charges
  (example, Monthly) without further authorization from you, until you provide prior notice (confirmed in writing
  upon request by Mingle2.com) that you have terminated this authorization or wish to change your payment method.
  Such notice will not affect charges submitted before Mingle2.com reasonably could act.

  Refund for Premium Services

  If you cancel your premium services, you are not eligible for a prorated refund of any portion of the premium
  service fees paid for the then-current subscription period. If you have prepaid for a certain period of service,
  you are not eligible for a prorated refund of any portion of the pre-paid amount upon cancellation. If you feel
  that you have a special circumstance and would like to request a review for refund, please contact us via mail:

  Attn Billing/Refund
  NextC / Minglenet
  340 S LEMON AVE #1960
  WALNUT, CA 91789
  
  

  Termination of Services for Non-Payment

  Where payment is required for a service and we are unable to charge your credit card for any reason, we may
  discontinue any and all service to you either temporarily or permanently.