SIMPLIMINGLE TERMS OF SERVICE


SimpliMingle.com is owned and operated by Cavort Media, LLC and its subsidiaries and affiliates ("us" "We" or "Cavort Media"). By using and accessing SimpliMingle.com and or its associated mobile app ("Website" or "App" and/or "Service") you agree that you have read, understand and are bound by these terms of service ("Terms" or "Agreement"), and are at least 18 years of age. We reserve the right to remove or edit any portion of these terms without further notice.

This Agreement sets out your agreement with Cavort Media with respect to your use of the Website, App and/or Service as well as our ability to communicate with you. You must abide by all of the terms and conditions contained in this Agreement in order to become or remain a User of the Website, App and/or Service. If you do not agree to these terms and conditions, you may not use the Website, App and/or service.

1. ELIGIBILITY

You must be eighteen (18) years or older to be a user of the Website, App and/or Service. By using the Website, App and/or Service, you represent and warrant that you are at least (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. RIGHT TO USE

Your right to use the Website, App and/or Service is subject to any limitations, conditions and restrictions established by Cavort Media from time to time, in Cavort Media's sole discretion. The company may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Cavort Media may also impose limits on certain features and aspects of the Service or restrict your access, for good cause, to parts or all of the Service without notice or liability.

3. TERM AND TERMINATION

This Agreement will remain in full force and effect while you are a user of the Website, App and/or Service.

4. CONDUCT

You agree to use the Service in accordance with the following conduct:

a. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone or use such information without the express permission of the person who provided it to you;

b. you will not use the Service to engage in any form of harassment, illegal, immoral or offensive behaviour, including but not limited to the posting of communications, pictures, audio or video recordings which contain, depict or suggest libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images, or promotes bigotry, hatred or physical harm of any kind against any group or individual;

c. you will not record, reproduce, post or distribute any audio or video communications between you and another user of the Service, including any messages, pictures or recordings you obtained from the Service or your use of the Service;

d. you will not use the Service in any way which (i) violates, plagiarizes or infringes upon the rights of any person, including but not limited to any copyright or trademark law, privacy or any other personal proprietary rights, including intellectual property rights, (ii) is fraudulent, misleading or otherwise unlawful or violates any law, rules or regulations in the United States or any relevant jurisdiction in which you use the Service, (iii) promotes or communications concerning illegal activities or conduct such as making or buying illegal weapons, selling or transporting drugs, soliciting prostitution or even violating someone's privacy;

e. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, or advertising or solicitation for goods and services. Cavort Media will investigate and take appropriate legal action in its sole discretion against anyone who violates any of the above conduct parameters, including without limitation, removing the offending communication from the Service and blocking the use of such violators.

5. CONTENT AND MONITORING

Cavort Media will be monitoring and managing the content that is placed onto a user's penpal page, and reserves the right to reject, edit and remove content that is found to be inaccurate, misleading, fraudulent, illegal or in violation of any of these Terms. Cavort Media also reserves the right to monitor and or record chatline user conversations for quality assurance and investigative purposes. You understand that by using the Service you are subject to encounter content that may be deemed offensive, indecent, or objectionable, which content may include explicit or suggestive language.

6. PRIVACY AND USE OF INFORMATION

By using the Service you have agreed to our privacy policy. You acknowledge that (a) Cavort Media cannot guarantee the security or privacy of your information you provide through the internet, over the phone or by email, or while using the Service, and you release Cavort Media from any and all liability in connection with the use of such information by other parties, (b) Cavort Media is not responsible for, and cannot control, the use by others of any information which you provide while using the Service, and you should use caution in selecting the personal information you provide to others through the Service, (c) while any audio recordings by users is prohibited under this Agreement, some users may violate these restrictions and make recordings of you and or any information that you may provide, and you release Cavort Media from any and all liability in connection with the use of any such recordings by other parties, and (d) Cavort Media cannot any responsibility for the content of messages left by other users of the Service, and you release Cavort Media from any and all liability in connection with the content of any communications you may receive from any other users.

7. PROPRIETARY INFORMATION

SimpliMingle and its App contains information which is proprietary to Cavort Media, its partners and users. Cavort Media asserts full copyright and trademark protection in the Service. Information posted by Cavort Media, its partners and users may be protected whether or not it is identified as proprietary to Cavort Media or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

8. EXTERNAL LINKS

The Website or App may from time to time contain links to other internet sites and resources ("External Links"). You acknowledge that Cavort Media is not responsible for, and has no liability as a result of, the availability of such External Links or their contents.

9. INDEMNITY

You agree to indemnify Cavort Media, its officers, directors, employees, and agents, from any loss or damages, including without limitation reasonable legal fees, which Cavort Media may suffer from your activities on the Website or App or Use of this Service, including without limitation any breach by you of this Agreement, including but not limited to any charges or complaints made by other parties against you. Cavort Media reserves 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.

10. NO WARRANTIES

You acknowledge that use of the Service is at your own risk. Cavort Media is not responsible for any conduct of, or incorrect or inaccurate content or other information communicated by, a user of the Website, App and/or Service. Cavort Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alternation of, user communications. Cavort Media is not responsible for any problems or technical malfunction of any telephone network lines, computer online systems, servers or providers, computer equipment, software, failure of emails or hardware on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to a user's or other person's computer related to or resulting from participating or downloading materials in connection with the Website, App and/or Service. Under no circumstances will Cavort Media be responsible for any loss or damage resulting from use of the Website, App and/or Service by a user, or for any content communicated by or to a user using the Service. The Website, App and Service are provided "as-is" and Cavort Media expressly disclaims any warranty of fitness for a particular purpose of non-infringement. Cavort Media cannot guarantee and does not promise any specific results from use of the Website, App and/or Service.

11. DISCLOSURE AND OTHER COMMUNICATION

Cavort Media reserves the right to contact users for the purpose of informing them of changes or additions to the Service, or of any of Cavort Media's related products and services, subject to our compliance with any relevant laws and regulations. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. Your use of the Service constitutes your consent to such disclosures and communications subject to the terms of our Privacy Policy.

12. LIMITATION ON LIABILITY

YOU EXPRESSLY AGREE AND UNDERSTAND THAT: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL CAVORT MEDIA OR ITS ENTITIES, PARTNERS, EMPLOYEES, AFFILIATES, LICENSORS, VENDORS, OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FOR YOUR USE OR INABILITY TO USE SIMPLIMINGLE.COM, THE SIMPLIMINGLE.COM WEBSITE OR ANY ASSOCIATED APPLICATIONS AND/OR SOFTWARE, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH SIMPLIMINGLE.COM, EVEN IF SIMPLIMINGLE.COM OR A SIMPLIMINGLE.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES CAVORT MEDIA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF CAVORT MEDIA ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF SIMPLIMINGLE.COM, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTION WITH OTHER USERS OF SIMPLIMINGLE.COM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO CAVORT MEDIA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

13. ARBITRATION

You agree that all claims and disputes between you and Cavort Media that arise out of or relate in any way to the Terms or your use of SimpliMingle.com will be resolved either by (a) binding arbitration by a single arbitrator in the State of Delaware or (b) binding non-appearance based arbitration conducted by telephone, online or solely on written submission. Such arbitration shall be administered by an arbitrator of Cavort Media's choice. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to argue your individual claims or disputes through binding arbitration. If the arbitrator find that a class should be certified, you may file the class action in a court of law, provided you waive any right to trial by jury. Claims for injunction or other equitable relief may also be brought in a court of law.

14. MOBILE DEVICES

There are features of SimpliMingle.com (such as the Mobile App or "App") that are accessible via mobile devices such as smartphones and tablets. While we currently do not charge for these mobile services, that is subject to change with express 30-day notification and the option to opt out of any mobile services associated with SimpliMingle.com. However, you should also be aware of your carrier's data and messaging rates, as these may charge you for using SimpliMingle's mobile services. By using SimpliMingle's mobile services, you agree that we may communicate with you by SMS, MMS, Text message or any other electronic method of communication to your mobile device. You also agree that certain information about your usage of the mobile services may be communicated to Cavort Media. In the event that you change or deactivate your mobile telephone number, you agree to immediately update your phone number on SimpliMingle.com or via the App.

15. LICENSES

You hereby grant Cavort Media an irrevocable, perpetual, non-exclusive, transferable , fully paid worldwide license (with the right to sublicense to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (Content you (multiple tiers), any User Content you (i) Post on or in connection with SimpliMingle.com or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering g a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with SimpliMingle.com or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Cavort Media regarding the use of the Website, App and/or the Service. If any provision of this Agreement is held to be invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement may be modified by Cavort Media from time to time, such modifications to be effective upon posting on the Website and App. 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.

17. ROLLOVER MINUTES

Rollover minutes are non-refundable minutes which expire after 30 days.

CONTACT US:
Cavort Media
P.O. Box 147
Swansea, MA 02777

Last modified: July 2019