Date of Last Revision: August 16, 2016
1.1. MintedBaby.com (“MB” or “we” or “our” or “us”) , via our Website, provides a dating service with a difference (“Service”). Our Service takes a pragmatic view of dating; we bring the sugar hassle free and you bring the spice.
2. Binding Agreement
2.1. Your use of MB’s products, software, services, servers and Website (referred to collectively as our “Service” in this document) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and MB, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.
2.3. MB, at its sole discretion, may translate its Service into various languages. That notwithstanding, the language of this Agreement, or any agreement wherein this Agreement is included by reference, will not be translated into any other language and must be agreed to and accepted as defined herein.
3. Introductory Terms
3.1. The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including the public at large (“Users”). If you register on our Service (“Registered User”), then additional terms and conditions will apply as defined below.
3.2. The General Terms contained herein are included by reference in the subsequent agreements entered into between MB and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to the General Terms and to any agreement entered into between a Registered User and MB that includes the General Terms by reference.
3.3. Our Service includes all pages on our Website’s domain (www.mintedbaby.com) and all pages on any related sub-domains, all of which are controlled by this Agreement.
4. Acceptance and Modifications
4.1. By using any aspect of the Service, including but not limited to the Website, you expressly agree to all of the provisions of this Agreement. If you do not agree to this Agreement in its entirety, then you must immediately cease using the Service in any capacity.
4.2. MB reserves the right to change or revise this Agreement, in its sole discretion, at any time. MB will post any modifications on the Website and will notify you of revision dates to this Agreement by posting “last revised date” preceding the first paragraph of this document. Your continued use of the Website or the Service after modifications have been posted will constitute your acceptance of said modifications.
5.1. MB requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of majority. To use the Service in any capacity you must be at least eighteen (18) or twenty-one (21) years of age, based on the age of majority in the jurisdiction where you access the Service. By using the Service you represent and warrant that you are of majority age and have the right, authority, and capacity to enter this Agreement. You further represent and warrant that you will abide by all terms and conditions of this Agreement by using the Service.
5.2. The Service is intended solely for the personal, non-commercial use of our Users. Organizations, companies, businesses, and any such entity, other than a natural person, may not use the Service for any purpose. By using MB’s Service as a User or Registered User you assert and warrant that you are doing so for the purpose of using our Service as intended. Any use or Registration for any other purpose violates this Agreement and is strictly prohibited. Any use or Registration on our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.
6. User Content
6.1. You retain all ownership rights to content which you are the lawful owner or licensee of (“User Content”) and which you make available to our Service via whatever mechanism our Service provides, excluding such items defined as Transmissions herein and subject to any other rights granted to MB under this Agreement.
6.2. User Content means content (e.g. information, videos, photos, etc.) provided by a Registered User of our Service.
6.3. By submitting User Content to our Service, you grant MB a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, display, excerpt (in whole or in part) and distribute your User Content within our Service to the extent required to accomplish objectives directly or indirectly related to same.
6.4. In addition, the license you grant includes rights that allow MB to create derivative works, or incorporate your User Content into other works, as MB sees fit and as required by our Service. The license expires upon termination of this Agreement. You acknowledge and agree that MB may retain archived copies of User Content for purposes related to our internal operations including, but not limited to, our compliance with applicable law and for other business purposes.
6.5. You represent, warrant, and guarantee that you have the full right, ability, and authority to make User Content available on our Service. You further represent, warrant, and guarantee that by making available User Content on our Service you are not violating any obligation owed by you to a third party, including without limitation, obligations of confidentiality, privacy, attribution or intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.
7. Limited License
7.1. All content on our Service, except for User Content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Information”), are the intellectual property of MB or its licensors with all rights reserved.
7.2. If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited non-assignable and non-transferable license to use our Service and the Information for non-commercial use, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
7.3. As pertaining to all the Information, except for User Content, you may not make available, in any form and by any mechanism, said Information on any public or private website, create any derivative works of the Information, or incorporate the Information in any other database or compilation.
7.4. The Service and Information are for personal use only and any use of the Service or Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.
7.5. Absent prior written consent from MB, you may not copy or imitate any elements of our Service, including but not limited to, text, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from MB, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.
7.6. Unless expressly stated in this Agreement, or in a subsequent agreement entered into by MB and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
7.7. The MB limited license is revocable at any time without notice and with or without cause.
8.1. As defined herein, transmissions (“Transmissions”) may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to MB, other than User Content. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions.
8.3. By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions except User Content, to MB. Accordingly, MB shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Service, you irrevocably waive all “moral rights” in such Transmissions.
9.1. You agree to defend, indemnify, and hold MB, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorney’s fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission or User Content; (2) your alleged breach of this Agreement; (3) your infringement of any intellectual property or other right of any person or entity; or (4) your violation of any law. You, and your estate in the event of your death, agree that this provision includes all third party claims, actions or demands, including, but not limited to, those filed by your spouse, significant other, children, or family. In the event of litigation brought against you and/or MB by a third party, MB agrees to (i) cooperate fully in defending said litigation, at your expense; or (ii) at its sole discretion, and without obligation to do so, participate in defending said litigation at its own expense.
9.2. MB acknowledges and agrees that the indemnification sought in 9.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.
10. Limitations of Liability
10.1. IN NO EVENT SHALL MINTEDBABY.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERMBON OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF MINTEDBABY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL USE OF TRANSMISSIONS, USER CONTENT, OR OTHER MATERIALS ON THE SERVICE ARE DONE AT YOUR OWN RISK.
10.2. APPLICABLE LAW MAY NOT ALLOW THE LIMITMBON OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITMBON OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITMBON OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, MINTEDBABY.COMS TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO MINTEDBABY.COM IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.
11.1. YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMMBON THEREIN, TO THE FURTHEST EXTENT ALLOWABLE BY LAW, ARE PROVIDED ON AN “AS IS” BASIS AND THAT MINTEDBABY.COM MAKES NO REPRESENTMBONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMMBON. MINTEDBABY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2. BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
11.3. THE INFORMMBON COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
11.4. MINTEDBABY.COM DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMMBON;
11.5. MINTEDBABY.COM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE, OR ANY RELATED SERVERS ON WHICH IT RELIES, WILL ALWAYS BE FULLY OPERMBONAL;
11.6. MINTEDBABY.COM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT; AND
11.7. MINTEDBABY.COM DOES NOT REPRESENT OR WARRANT THAT YOU WILL EXPERIENCE ANY SPECIFIC PERFORMANCE OR RESULTS FROM THE SERVICE.
11.8. MINTEDBABY.COM MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMMBON, FEATURES OR FUNCTIONS. MINTEDBABY.COM RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
11.9. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMMBON BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY MINTEDBABY.COM’S ENDORSEMENT OR SPONSORSHIP THEREOF.
12.1. Our Service may include hypertext links to other websites over which MB has no control. MB makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. “Clicking” a link to a third party website is done at your own risk.
12.2. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against MB regarding such websites and must adhere to the usage and privacy policies governing such sites. MB’s usage of links does not imply our endorsement, or sponsorship, of any such websites.
13. Intellectual Property Rights of Third Parties
13.1. MB respects the intellectual property rights of others and requires a Registered User of our Service to do likewise. MB prohibits a Registered User from making available, in whatever form and by whatever mechanism, User Content on our Service that infringes upon any party’s intellectual property rights.
13.2. MB has the right to terminate the Account of any infringing Registered User and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers Indemnification as provided for herein.
13.3. MB will strictly comply with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on our Service then you may send a written notification of such infringement to our Designated Agent as set forth below.
13.4. To provide a proper notification under the DMCA, you must provide: (1) an electronic or physical signature of a person authorized to act on the behalf of the copyright owner; (2) identification of the work (“Work”) you claim is being infringed; (3) identification of the material you claim to infringe upon the Work, including its location on the Service or Website; (4) information sufficient for MB to contact you, such as a physical address, email address, or phone number; (5) state that you have a good faith belief that the use of the allegedly infringing material is unauthorized by the Work’s copyright owner; and (6) a statement made under penalty of perjury that you are the copyright owner or an agent authorized to act on the owner’s behalf. Abusing the DMCA notice procedures as outlined herein, or misrepresenting facts in a DMCA notification, may result in legal liability for damages, court costs, and attorney’s fees pursuant to 17 U.S.C. § 512(f).
13.5. MB has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Service. You must submit all such notifications, in a manner consistent with the DMCA as described above, to MB’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our Service then you must send a counter notification to MB’s Designated Agent in a similar DMCA compliant manner. Unless the complainant notifies MB of litigation seeking the restraint of respondent’s use of the material on the Service, MB will replace the complained of material within ten to fourteen (10-14) days after receipt of a proper counter notification pursuant to 17 U.S.C. § 512(g)(2)(C).
Send all DMCA compliant notifications to:
Privacy, c/o MintedBaby.com
14.1. All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
14.2. Whether or not specifically designated as such, www.mintedbaby.com and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are or may be trademarks of MB or its affiliates.
14.3. Absent prior written consent from MB, you may not copy, imitate, or use any portion of these marks.
15. User Conduct Restrictions
15.1. You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening or abusive to Users, Registered Users, or MB staff; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) contains false or misleading information; (4) inhibits another User from use or enjoyment of our Service; (5) is defamatory, libelous or otherwise unlawful; (6) contains a virus or surreptitious code; (7) contains any type of commercial component or advertising; or (8) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind. You agree to promptly update or remove previously transmitted data or code that subsequently violates any provision described herein.
15.2. You agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) engage in any behavior likely to cause harm to MB, our Service, its Users, or to the public at large.
15.3. You agree not to compromise, attempt to compromise, or assist another in compromising or attempting to compromise, the security of the Service or the Website, including but not limited to: (1) accessing data, information, Transmissions, or User Content without authorization; (2) attempting to scan, probe, test, or otherwise explore a vulnerability in the Service, Website, network, or computer system; (3) circumventing authentication procedures; (4) attempting to interfere with or disrupt the Service or the Website through, without limitation, uploading viruses or other malicious software, overloading or crashing networks; (5) sending unsolicited Transmissions for any commercial purpose, such as advertising or the promotion of goods or services; (6) manipulating data or metadata in Transmissions to disguise the source of said Transmissions; and (7) modifying, adapting, altering, reverse engineering, or disassembling any portion of the Service or Website.
16. Assumption of Risk
16.1. MB is not responsible for your interactions with other Users or Registered Users. MB makes no express or implied warrants or guarantees as to the conduct of other Users or Registered Users. MB further makes no express or implied warrants or guarantees regarding your satisfaction with interactions between you and other Users or Registered Users.
16.2. You assume all risk flowing from your interactions with other Users or Registered Users in relation, directly or indirectly, to the Service, whether online or offline. You hereby explicitly acknowledge said risks and explicitly provide MB with assurances that you shall take all reasonable and necessary precautions to protect the safety and wellbeing of yourself and others when interacting with other Users or Registered Users, including dating and transferring monies to or from other Users or Registered Users.
17. Data Collection
17.2. MB does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of thirteen (13), with or without parental consent. If you have a good faith belief that MB has inadvertently collected such information, please contact MB at firstname.lastname@example.org. MB will take immediate steps to remove such information from our Service and from any databases under MB’s control.
18. Governing Law
18.1. If you access or otherwise use the Service from outside the United States, you waive all rights under the laws and regulations of the nation or territory from which you access or use the Service, to the fullest extent allowed by law, and you explicitly consent that all disputes between you and MB shall be resolved in the United States as described below.
18.2. You acknowledge that your violation of this Agreement may cause MB irreparable harm and thus agree that MB shall be entitled to seek relief in court which includes, but is not limited to, a temporary restraining order, preliminary and permanent injunctions without the necessity of posting bond. You acknowledge that said relief shall be available in addition and without prejudice to any other rights or remedies that may be available to MB.
19.1. Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and MB jointly acknowledge that arbitration is not an adequate remedy for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.
19.2. You and MB agree to waive our respective rights to adjudicate any disputes in court, except those pursuant to MB’s Intellectual Property Rights or the Intellectual Property Rights of Third Parties, as provided for herein. You and MB further agree that neither you nor MB will bring or participate in any class action lawsuit or other class proceeding in connection with any dispute relating to this Agreement or your use of the Service.
19.3. In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision of this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.
19.4. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction. If this arbitration agreement is held to be unenforceable for any reason, any litigation against MB you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.
20. Term and Termination
20.1. This Agreement will remain in full force and effect so long as you use the Service and/or are a User or Registered User.
20.2. You may terminate this Agreement at any time by destroying all materials obtained from our Service and by providing a termination notice to MB at email@example.com. You will not be entitled to any refund, remuneration, or compensation of any kind if you terminate this Agreement.
20.3. MB may terminate this Agreement immediately, with or without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service. If MB terminates this Agreement because MB reasonably believes that you have breached this Agreement, you will not be entitled to any refund, remuneration, or compensation of any kind. You acknowledge that MB shall bear no liability for its termination of your Account or this Agreement.
20.4. If MB terminates this Agreement, then MB will prevent access to your Account on our Service. MB agrees to make a good faith effort to resolve all outstanding disputes between MB and a Registered User, if any exist, prior to termination. MB, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
20.5. You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.
21.1. User Compliance with Local Law: Use of the Service may not be appropriate in all jurisdictions. It is the sole responsibility of Users and Registered Users to ensure their compliance with the laws of the jurisdiction where they reside and/or access the Service. Any use of the Service outside the United States is done at your own risk and MB shall not be responsible for a User’s or Registered User’s noncompliance with the laws of other jurisdictions.
21.2. Entire Agreement: This Agreement contains all of the terms and conditions agreed to by you and MB with respect your use of our Service. It supersedes all prior or contemporaneous agreements, arrangements and communications between the parties dealing with same, whether oral or written.
21.4. No Waiver: The failure of MB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of said right or provision.
21.5. No Agency Relationship: You and MB agree and acknowledge that no agency, partnership, joint venture, or employment relationship is created, whether express or implied, by this Agreement. You may not make any representations on MB’s behalf, nor may you bind MB in any manner.
21.6. Force Majeure: The Service may be interrupted or suspended, and some or all features and functionality made to malfunction or be rendered inoperable by forces and events beyond MB’s control. Forces that may cause these problems include acts of God, such as fire, flood, hurricanes, earthquakes, tornadoes, meteorite strikes, and pandemics. Events that may cause these problems include civil unrest, insurrections, riots, labor strikes, revolts, military coups, sudden and widespread interruptions in infrastructure (e.g. electricity, water supply, and transportation), embargos, wars with foreign powers, and acts of terror. MB shall bear no liability for any interruptions, suspensions, malfunctions, inoperability, or other similar adverse consequences of such forces or events on the Service. MB may, in its sole discretion, grant refunds on payments made for Service features that are affected by such forces or events.
21.7. Headings: All provision headings, which are in bold or are underlined, are intended solely for the reader’s convenience and shall have no effect on the construction, interpretation, or enforcement of any provision herein.
21.8. Definitions and Construction: Unless otherwise specified, the terms, “includes,” “including,” “e.g.,” “for example,” and other similar terms are deemed to include the term “without limitation” immediately thereafter.