DatingMashup

Terms of Use, Privacy Policy and Safety Tips

Terms of Use, Privacy Policy and Safety Tips

PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use and this site’s Privacy Policy.

TERMS OF USE
Effective Date: February 25, 2011

1. Parties.  The parties to these Terms of Use are you, and the owner of this datingmashup.com website business, eGlobal Mashup, LLC ("EGM").  All references to "we", "us", "our", this "website" or this "site" shall be construed to mean EGM.  

2. Modification.  We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page.  YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

3.         Use And Restrictions.  Subject to these Terms of Use (which also includes any associated Policies and Procedures that might be posted) and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes.  You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.  You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device.  All rights not expressly granted in this Agreement are reserved by us and our licensors.

THIS SITE IS FOR UNMARRIED INDIVIDUALS WHO ARE AT LEAST 18 YEARS OF AGE.  IF YOU ARE A REGISTERED MEMBER, YOU REPRESENT AND WARRANT A) THAT YOU ARE AT LEAST 18 YEARS OF AGE AND B) THAT YOU ARE NEITHER A CONVICTED FELON NOR SOMEONE WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER BY ANY GOVERNMENT AGENCY AND C) THAT YOU ARE NOT MARRIED.  AS A USER OF THIS SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT IT IS NOT OUR POLICY TO DO BACKGROUND CHECKS OR SCREENING OF ANY KIND OF OUR USERS OR TO VERIFY INFORMATION RELATING TO ANYTHING POSTED BY OUR USERS.  HOWEVER WE DO RESERVE THE RIGHT TO DO SO FOR THE SAFETY OF OUR USERS AND FOR OTHER REASONS PER OUR TERMS OF USE.  WE ENCOURAGE YOU TO TAKE PRECAUTIONS WHEN USING THIS SITE OR ANY SOCIAL NETWORK SITE.  THERE IS NO SUBSTITUTE FOR ACTING WITH CAUTION WHEN COMMUNICATING WITH ANY STRANGER WHO WANTS TO MEET YOU.  PLEASE READ OUR SAFETY TIPS AND PRIVACY POLICY BEFORE USING THIS SITE.  EGM MAKES NO GUARANTEE THAT YOU WILL FIND A MATCH IF YOU USE THIS SITE NOR DOES EGM GUARANTEE THE COMPLETENESS, THE ACCURACY OR TRUTHFULNESS OF ANY INFORMATION SUPPLIED BY INDIVIDUALS USING THE SITE AND ITS SERVICES. 

YOU AGREE TO INTERACT RESPONSIBLY WITH OTHER USERS AND NOT POST ANY INAPPROPRIATE CONTENT.  EGM, in its sole discretion, will deem what is “inappropriate.”  This includes, but is not limited to, indecent photos or illustrations, defamatory comments or other legally actionable remarks, or anything encouraging illegal activity.  EGM, in its sole discretion, has the right to delete such content and terminate the right of the user to use the site if EGM deems the content to be inappropriate.  It you post or upload such content, you will be solely responsible and liable for any losses and/or damages suffered by anyone due to that content.  When you post or upload to the site, that content becomes public and you assume all responsibility and liability for it so you must be careful when doing so.  You agree that you will not hold EGM, its LLC members, employees, officers, agents, affiliates, any licensors, suppliers, vendors, successors or assigns responsible or liable for indirect, special, incidental or consequential losses or damages arising out of or relating to any conduct by you or other users of this site and your or their use of the dating services, including, but not limited to, property damage, bodily loss, emotional distress, loss of privacy, wrongful death, or any other damages or losses relating to your interactions with users of the site or other third parties.  
You agree to the collection of various types of information about yourself as specified in the Privacy Policy. You agree that you will supply accurate, truthful and complete information in any type of form you complete, including but not limited to, a registration form, a membership form, an opt-in form, etc.   When you provide us with an email address, a phone number or any other contact information such as a mailing address, phone number, etc., you are giving us permission to contact you (via those communication formats) about the site, its products and services and content along with special offers.  You will check the Privacy Policy and Terms of Use (including any applicable policies and procedures) for any updates and agree that your continued use of this website acknowledges your agreement to those updates.  Should you not agree, you must stop using the site immediately.  You must not engage in spamming other users of the site.  You must not engage in expressing hatred against any individual or any group.  You must not attempt to defraud anyone or conduct or promote other illegal activities.  You cannot use the site to try to sell users products or services.  You cannot copy any person’s posts on to another site. If community guidelines are posted on the site, you must also abide by them and any additional policies and procedures set forth by EGM relating to its site and services. 

4. How We Treat Postings To This Site.  We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as your proprietary, private, or confidential information.  We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our sole judgment, is not appropriate.  We also reserve the right to utilize filters that automatically screen what could be swear words, indecent or obscene photographs or other content that we could deem inappropriate whereby the filters might automatically delete what could be inappropriate content or might replace those words or images (or parts of those words or images).    Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. 

5.       Defamation; Communications Decency Act Notice.  This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein.  We are not responsible or liable for content or any other information posted to this site by third parties.  We do not warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.  However, we reserve the right to review such posts and to remove any material that, in our sole judgment, is not appropriate.  We also reserve the right to utilize filters that automatically screen what could be swear words, indecent or obscene photographs or other content that we could deem inappropriate whereby the filters might automatically delete what could be inappropriate content or might replace those words or images (or parts of those words or images).

6.       Monitoring.  We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.

7.       Memberships, Other Products/Services and Separate Agreements.  You may acquire various products and services from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products or services.  Registered members who receive a free dating membership may also receive, at EGM’s sole discretion, access to other products and services (some of which might be free and some of which the member may choose to purchase).   Paid dating memberships might also include access to various products and services including both free and paid.  Products and services can take the form of interactive content, community forums, downloadable ebooks or reports and other formats that EGM deems could be beneficial to its members.  We reserve the right to update, modify and/or discontinue the offering of any products or services at any time whether it be on a temporary basis or permanently.  You agree that neither EGM nor its LLC members, affiliates, employees, officers, agents, vendors, suppliers, successors or assigns will be liable to you or any third party regarding the updating, modification or temporary/permanent discontinuance of any product or service offering.   A free dating membership service may be offered initially but we do reserve the right to charge membership fees for the same or modified service upon notice to you in the future.  Optional paid memberships may be added at any time.   Products and services can be paid using credit cards online at this site or by any other method approved and offered by us.  Unless stipulated otherwise, membership fees are non-refundable.  If for any reason we are unable to charge your credit card (or other type of an account you used for your purchase) with the full amount of the fees, or if we are charged back for any fee previously charged to your account, you agree that we may pursue all available remedies to enforce the payment, including without limitation, suspension or termination of your membership.  You must protect your user name and password as you are not allowed to permit anyone else to use them.  You are solely responsible and liable if someone else uses them and will be subject to immediate termination if someone does. You agree to immediately notify us of any unauthorized use of your login user name, password, or any other breach of security.  Specific software products may have specific license grants and restrictions.  You agree to abide by them in accordance with what is stipulated by EGM or a third party vendor or supplier.  Questions relating to products and services you acquired from EGM will be answered via the Contact Us page on our site or if we have a Help Desk available, questions should be asked, and will be answered, using the Help Desk.  Purchases made to third party suppliers or vendors should be addressed directly to them unless stipulated otherwise.

8.       Ownership.  The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.  Any and all comments, feedback, ideas, etc. you send to us in an email, regular mail or information you convey in any other way such as postings on the site, shall also become the property of EGM.  You grant EGM all worldwide rights, titles and interests in your submissions and agree that you will not be compensated in any way.  

9.       DMCA Notice.  This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).  As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.  All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

  Notification of Claimed Infringement:
  eGlobal Mashup, LLC
  550 W. Baseline Rd., Ste. 102-119
  Mesa, Arizona   85210
  Attn:  Compliance Officer  (compliance-at-datingmashup.com)
  
  

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

10.       Warranty Disclaimers.  EXCEPT AS MAY BE PROVIDED IN ANY OTHER SEPARATE WRITTEN AGREEMENTS AGREED UPON BY THE PARTIES VIA ELCTRONICALLY ONLINE OR IN ANOTHER FORMAT AS PROVIDED BY EGM OR A THIRD PARTY VENDOR, THE SITE, ITS CONTENT AND ANY RELATED SERVICES AND PRODUCTS ARE PROVIDED “AS-IS” AND NEITHER EGM NOR ANY OF OUR LLC MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY KNOWN AS “DESIGNATED ENTITIES”) MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE, SUCH PRODUCTS, SERVICES, AND/OR CONTENT.  EXCEPT AS MAY BE PROVIDED IN ANY OTHER SEPARATE WRITTEN AGREEMENTS AGREED UPON BY THE PARTIES VIA ELECTRONICALLLY ONLINE OR IN ANOTHER FORMAT AS PROVIDED BY EGM OR A THIRD PARTY VENDOR, EGM AND ALL OTHERS INCLUDED AS DESIGNATED ENTITIES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  EGM AND ALL OTHERS INCLUDED AS DESIGNATED ENTITIES DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.   Limitation of Liability and Indemnification.    IN NO EVENT SHALL EGM, ITS LLC MEMBERS, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS, ANY OF ITS LICENSORS, SUPPLIERS, VENDORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY KNOWN AS “DESIGNATED ENTITIES”) BE RESPONSIBLE OR LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL LOSSES OR DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS CONTENT OR PRODUCTS OR SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE (WHETHER IT BE FROM THE USE OF CERTAIN TECHNOLOGY BY EITHER PARTY OR FOR OTHER REASONS BEYOND OUR CONTROL), EVEN IF THE DESIGNATED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.  IN NO EVENT WILL ANY OF THOSE INCLUDED IN THE DESIGNATED ENTITIES BE LIABLE FOR ANY LOSSES OR DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ANY AND ALL OF THOSE INCLUDED IN THE DESIGNATED ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, ACTIONS, DAMAGES, COSTS, LIABILITIES, EXPENSES (INCLUDING ANY LEGAL/ATTORNEY COSTS AND FEES) RELATING TO A) YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES B) ANY VIOLATIONS PERTAINING TO THIS TERMS OF USE AND ANY OTHER SITE RELATED PRODUCTS/SERVICE AGREEMENTS TO WHICH YOU ARE A PARTY AND C) ANY VIOLATION OF ANY APPLICABLE LAWS, RULES AND/OR REGULATIONS.  EGM WILL HAVE THE RIGHT, BUT DOES NOT HAVE THE OBLIGATION, (A) TO EMPLOY COUNSEL TO DEFEND ANYTHING OF WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE DESIGNATED ENTITIES AND/OR (B) TO EXCLUSIVELY CONTROL THE DEFENSE OF SUCH MATTERS WHEREBY YOU AGREE TO COOPERATE.  YOU MAY NOT SETTLE ANY CLAIM, DEMAND, ACTION OR CAUSES OF ACTION OR OTHER RELATED LEGAL CHALLENGES UNLESS YOU HAVE RECEIVED, IN WRITING, THE APPROVAL OF EGM IF EGM HAS TAKEN EXCLUSIVE CONTROL OVER THE DEFENSE.  THE PROTECTIONS AFFORDED THE DESIGNATED ENTITIES IN THE RELEASE OF ANY PERSONAL INFORMATION AS STIPULATED IN THE PRIVACY POLICY SHALL ALSO APPLY.      

YOU UNDERSTAND AND AGREE THAT EGM RESERVES THE RIGHT TO CONDUCT BACKGROUND CHECKS ON ITS SITE USERS AND HAS THE RIGHT TO VERIFY ANY INFORMATION SUPPLIED BY A USER A) IF, IN ITS SOLE DISCRETION, THE BACKGROUND CHECK OR VERIFICATION OF INFORMATION IS DEEMED NEEDED FOR THE SAFETY OF ITS USERS OR THIRD PARTIES AND B) IN COOPERATING WITH REQUESTS BY GOVERNMENTAL AGENCIES.   SINCE NO TOOL IS 100% RELIABLE IN ITS ACCURACY AND COMPLETENESS, YOU AGREE THAT THE DESIGNATED ENTITIES SHALL NOT BE LIABLE FOR ANY INACCURATE OR INCOMPLETE INFORMATION SECURED VIA BACKGROUND CHECKS OR ANY OTHER TOOL USED TO VERIFY INFORMATION BY MEMBERS.  NOTHING YOU OBTAIN THROUGH ORAL COMMUNICATION OR IN WRITING OR POSTED ON THIS SITE OR A RELATED SITE SHALL CHANGE OR AFFECT THE DISCLAIMERS OR LIMITATIONS STIPULATED IN THIS TERMS OF USE.  SEE NUMBER 16 BELOW FOR THE INFORMATION REGARDING THE USE OF ARBITRATION TO SETTLE DISPUTES.

12.       Links to This Site.  We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

13.       Links to Third Party Websites.  We do not review or control third party websites that link to or from this site, and we are not responsible or liable for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and is subject to the other sites’ terms of use and privacy policy.

14.       Participation In Promotions of Advertisers.  You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site.  Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

15.       Consumer Rights Information; California Civil Code Section 1789.3.  If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site.  We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3.  All correspondence should be addressed to our agent for notice at the following address:

  Notification of Consumer Rights Complaint or Pricing Inquiry:
  eGlobal Mashup, LLC
  550 W. Baseline Rd., Ste. 102-119
  Mesa, AZ, 85210
  Attn:  Compliance Officer  (compliance-at-datingmashup.com)
  
  

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

16.           Arbitration.  Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect.  There shall be one neutral arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Phoenix, Arizona USA.  The arbitrator shall apply the laws of the State of Arizona, USA to all issues in dispute.  The 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 arbitrator shall have no authority to award any punitive damages or any other damages not measured by the prevailing Party’s actual damages.  In any event, no ruling, finding or award can be made by the arbitrator that is not consistent with this website’s Terms of Use and any other EGM agreement and associated policies and procedures applicable to your use of our products and services and content. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.   The arbitration proceeding must begin within one year one year after the controversy or claim arose.  Failure to begin an arbitration proceeding within this time frame shall constitute a waiver of the controversy or claim and a prohibition of any arbitration proceeding regarding that controversy or claim. 

Nothing in this website Terms of Use, any related EGM agreement or policies and procedures shall prevent EGM from applying to and getting from any court having jurisdiction a writ of attachment, a temporary, preliminary or permanent injunction(s) or other available relief to safeguard and protect EGM’s interests prior to, during or following the filing of any arbitration or other proceeding, or pending the rendering of a decision or award in connection with any arbitration or other proceeding.  Any claim or cause of action against one or more of those included in the Designated Entities (those “Designated Entities” as named in number 10 in this Terms of Use) does not preclude EGM from enforcing its Terms of Use and all other related agreement(s) and policies and procedures.  EGM and you shall each pay for its own respective costs and expenses relating to the arbitration including legal and filing fees.  You agree that EGM shall be entitled to recover its fees, costs and expenses (including legal/attorney fees and expenses) from you from any legal action that resulted from your breach of this Terms of Use, any related agreement(s) and/or policies and procedures.                                                                          
  
17.       Jurisdiction And Venue.  The courts of Maricopa County in the State of Arizona, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.  You acknowledge and agree to this jurisdiction and venue and agree that you waive any and all rights to contest this jurisdiction and venue.

18. Controlling Law.  This Agreement shall be construed under the laws of the State of Arizona, USA, excluding rules regarding conflicts of law.  The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

19. Intended For Use Only Within The United States.  This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere.  Access to this site from locations where its contents are illegal is not authorized. 

20. Onward Transfer of Personal Information Outside Your Country of Residence.  Any personal information that we may collect on this site will be stored and processed in the servers we use located only in the United States.  If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

21. Severability.   If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.  A waiver does not occur for any part of this Terms of Use just because EGM failed to exercise or enforce any right or matter covered in this Terms of Use.

22. Force Majeure.  We shall not be liable for losses or damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

23.       Privacy.  Please review this site's Privacy Policy which also governs your visit to this site.  Our Privacy Policy is always accessible on our site's home page.

24.      Termination regarding use of the site and membership accounts:  You use of the site acknowledges your agreement to this Terms of Use (including applicable Policies and Procedures and our Privacy Policy) unless terminated hereunder.  EGM reserves the right to suspend or terminate your ability to access this site and/or your account/free membership at any time for any reason without notice.  You may also terminate your account/free membership for any reason upon written notification to EGM to the address on the site or upon us acknowledging to you receipt of a termination request you sent to us via email or following the cancellation procedure in your account setting.  If you have a paid membership, you may terminate that paid membership in accordance with the paid membership agreement for which you have subscribed.  At the sole discretion of EGM, if we terminate any paid membership account you might have, we may also terminate your free membership at the same time and vice-versa.   You agree that all terminations shall be made in our sole discretion, and that the Designated Entities will not be liable to you or any third party for any terminations of your membership account and/or access to the site.   Once your access to our site is denied and/or your membership is terminated (whether paid or free), the Terms of Use survives denial of access and membership termination unless otherwise stipulated elsewhere on the site and/or in other related agreements.  If we terminate any paid account for cause, which is determined at our sole discretion, we may choose, at our sole discretion, not to refund you any prepaid fees or other amounts you may have paid already.

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Material Modifications Since February 25, 2011:  none.

PLEASE READ THIS PRIVACY POLICY CAREFULLY.
By accessing or otherwise using this datingmashup.com site, you agree to be bound contractually by this Privacy Policy along with this site’s Terms of Use.

THIS SITE IS FOR UNMARRIED INDIVIDUALS WHO ARE AT LEAST 18 YEARS OF AGE.  IF YOU ARE A REGISTERED MEMBER, YOU REPRESENT AND WARRANT A) THAT YOU ARE AT LEAST 18 YEARS OF AGE AND B) THAT YOU ARE NEITHER A CONVICTED FELON NOR SOMEONE WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER BY ANY GOVERNMENT AGENCY AND C) THAT YOU ARE NOT MARRIED.  AS A USER OF THIS SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT IT IS NOT OUR POLICY TO DO BACKGROUND CHECKS OR SCREENING OF ANY KIND OF OUR USERS OR TO VERIFY INFORMATION RELATING TO ANYTHING POSTED BY OUR USERS.  HOWEVER WE DO RESERVE THE RIGHT TO DO SO FOR THE SAFETY OF OUR USERS AND FOR OTHER REASONS PER OUR TERMS OF USE.  WE ENCOURAGE YOU TO TAKE PRECAUTIONS WHEN USING THIS SITE OR ANY SOCIAL NETWORK SITE.  THERE IS NO SUBSTITUTE FOR ACTING WITH CAUTION WHEN COMMUNICATING WITH ANY STRANGER WHO WANTS TO MEET YOU.  PLEASE READ OUR SAFETY TIPS AND TERMS OF USE IN ADDITION TO THIS PRIVACY POLICY BEFORE USING THIS SITE.  EGM MAKES NO GUARANTEE THAT YOU WILL FIND A MATCH IF YOU USE THIS SITE. 

PRIVACY POLICY
Effective Date: February 25, 2011

1. Privacy Statement; Collection of Personal Information.

 1.1 eGlobal Mashup, LLC  ("EGM") owns and operates this datingmashup.com website business.  All references to "we", "us" “our”, this "website" or this "site" shall be construed to mean EGM.  

 1.2 We understand that visitors to this website are concerned about the privacy of information. The following describes our Privacy Policy regarding information, including personal information, that we collect through this website.

2. Modification of Privacy Policy.  We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the "Privacy Policy" link on this site's home page. Your continued use of this site indicates your acceptance of the amended Privacy Policy.  You should check the Privacy Policy through this link periodically for modifications by clicking on the link provided near the top of the Privacy Policy for a listing of material modifications and their effective dates.  Regarding personal information, if any modifications are materially less restrictive on our use or disclosure of the personal information previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.

3. Collection of Anonymous, Passive Information.  We reserve the right to monitor your use of this site.  As you navigate through this site, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream).  The following is a listing and a brief explanation of passive information collection methodologies which we may use from time to time to better understand how this site is being used.

 3.1 A "cookie" (also known as a "browser cookie") is a text file that this site sends to your browser in the form of a text file The information generated by the cookie about your use of this site (including your IP address) will be transmitted to and stored.  Most browsers automatically accept cookies, but they usually can be modified to decline cookies if you prefer; however, certain features of this site might not work without cookies.

 3.2 "Session" cookies are temporary bits of information that are used to improve navigation, block visitors from providing information where inappropriate (the site "remembers" previous entries of country of origin that were outside the specified parameters and blocks subsequent changes), and collect aggregate statistical information on the site. They are erased once you exit your Web browser or otherwise turn off your computer.

 3.3 "Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided, helping to determine what areas of the site you may find most valuable, and customizing the site based on your preferences on an ongoing basis. Persistent cookies placed by this site in your computer do not hold personal information.

 3.4 You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.

 3.5 An Internet Protocol (IP) address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in many cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). The IP address can be used to diagnose problems with a server, report aggregate information, determine the fastest route for your computer to use in connecting to a site, and administer and improve the site.

 3.6 "Internet tags" (also known as Web Beacons, single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) tell the website server information such as the IP address and browser type related to the visitor's computer. Tags may be placed both on online advertisements that bring people to the site and on different pages of the site. Such tags indicate how many times a page is opened and which information is consulted.

 3.7 "Navigational data" (log files, server logs, and clickstream data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.

4. Use and Sharing of Anonymous, Passive Information.  This site may make full use of passively collected anonymous information, including without limitation the right to use such information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve this site for your use.  We reserve the right to share this anonymous, passive information in aggregated form.

5. 3rd Party Cookies for Web Analytics. We reserve the right to use web analytics services provided by 3rd parties. These services use 3rd party cookies (cookies passed by others, not by us) to collect anonymous, passive information about your use of this site (see explanation of cookies in Collection of Anonymous, Passive Information above). We may use this information for the purpose of evaluating your use of this site, compiling reports on website activity, and providing other services. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.

6. 3rd Party Cookies for Serving Behavioral Ads; Flash Cookies. 

 6.1 We reserve the right to serve our ads and third party ads on our site that are targeted to your interests ("3rd Party Behavioral Ads").  3rd Party Behavioral Ads are served by 3rd party advertising services that use 3rd party cookies (cookies passed by others, not by us) to collect anonymous, passive information about your use of this site and other websites (see explanation of cookies in Collection of Anonymous, Passive Information above).   This information is your “behavioral data”.  3rd Party Behavioral Ads do not use your personal information.  Instead, they associate your behavioral data on visited sites with your computer, so that the ads your computer sees on this site are more likely to be relevant to your interests.  These advertising services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.

 6.2 The 3rd party advertising services that serve ads on our site may use Flash cookies.  Flash cookies are not the same as “browser cookies” (see explanation of cookies in Collection of Anonymous, Passive Information above).  Flash cookies consist of an Adobe Flash Media Player local shared object (LSO) that is used for tracking purposes.  The Adobe Flash Media Player is software that enables users to view content on their computers.  Flash cookies are also accompanied by a browser cookie.  If you delete the browser cookie, the Flash cookie will automatically create (or re-spawn) a replacement for the browser cookie.  For information on how to delete a Flash cookie, visit http://kb2.adobe.com/cps/526/52697ee8.html or search the Web for “How to delete flash cookie”.

7. Participation in Google’s Adsense Network.  We reserve the right to participate in Google's AdSense network for purposes of serving 3rd Party Behavioral Ads (see 3rd Party Cookies for Serving Behavioral Ads above).  Google uses DoubleClick's DART cookie in its AdSense network. You may opt out of the use of the DART cookie.  For information regarding how to opt out, go to http://www.google.com/privacy_ads.html .

8. Collection of Personal Information; Categories. 

 8.1 We will ask you for personal information when you sign up for any specific benefit or purpose that requires registration.  Personal information that we collect may vary with the each registration, and it may include one or more of the following categories:  name, physical address, an email address, phone number, and credit card information including, but not limited to, credit card number, expiration date, and billing address that are needed to process any orders you place.  There are other categories relating to your date of birth, language/s spoken, and other personal information that would help to match you with someone with your interests.  You can also choose to supply information relating to your personal preferences in a match.

 8.2 We do NOT tie or link your personal information to anonymous, passive information with persistent identifiers.  For example, we would not tie or link your email address (personal information) with information collected by a cookie regarding the length of time you visit our site (anonymous, passive information).

9. Use And Sharing of Personal Information: General Policy And Exceptions.  Our general policy (subject to the exceptions listed below) is that we will use your personal information only for: the performance of the services or transaction for which it was given, our private, internal reporting for this site, and security assessments for this site, and we will not share, sell, or rent your personal information to others.  The only exceptions to this general policy: (i) are described in the subsections below, and (ii) if you explicitly approve through our site.

 9.1 Affiliates And Service Providers.  We reserve the right to provide such information to any and all affiliates or subsidiaries, or trusted service providers for the purpose of hosting our servers or processing or archiving personal information for us in order to fulfill orders placed by you.   These parties have reported that they have privacy and security safeguards in place to protect the confidentiality of the information.  

 9.2 Acquisition; Bankruptcy.   In the event that we are acquired by or merged with a third party entity, or if we sell this website business or a line of business from this website, we reserve the right to transfer such information as part of such merger, acquisition, sale, or other change of control.   In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we reserve the right to transfer such information to protect our rights or as required by law.

 9.3 Enforcement; Legal Process.  We reserve the right to transfer such information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request, or (ii) to investigate or enforce violations of our rights or the security of this site.

9.4 Third Parties For Direct Marketing; Your California Privacy Rights.  We may provide you with the opportunity to receive promotional offers from specifically identified third-parties through their direct marketing efforts, but only if you explicitly consent (opt-in) to receive each offer.  If you explicitly consent (opt-in), your personal information will be shared only with the specifically identified third-party to enable them to provide you with the offer you have requested, and then only in connection with that specific promotion and not on a continual basis.  Any information that you provide in the process of registration or purchase will be transferred to these sites.  We have no responsibility or liability for the policies and practices of these sites.  You should review any privacy policies posted on any of these sites before providing information to them.  California Civil Code Section 1798.83 permits California residents to request certain information regarding disclosure of their personal information to third parties for purposes of direct marketing.  You may request further information about our compliance with California Civil Code Section 1798.83 at the following email address: compliance-at-datingmashup.com.  Please note that we are only required to respond to one request per registrant each year, and we are not required to respond to requests made by means other than through this the address provided above.                             

9.5   Miscellaneous   We reserve the right to share personal information with the following additional parties:  online resellers of our products and services from whose site the sale originated (even though the sale originates at the site of the reseller, registration and collection of personal information occurs at this site).  We also reserve the right to share personal information if needed to enforce our policies and to help protect the safety, rights and property of EGM, its affiliates, third parties and the public at large.  Also your personal information may be released to collection agencies, credit reporting firms and others as permitted by law should you have a balance that has not been paid.  Should any release of any data occur due to reasons stipulated in any part(s) of Section 9 and any other reasons which are beyond our control (including, but not limited to, the downtime of servers due to natural disasters, etc.), you hold EGM, its officers, its LLC members, employees, agents, affiliates, suppliers, vendors, licensors, successors and assigns harmless from any and all losses and damages, including but not limited to, those which are direct, indirect, incidental or consequential.  This limitation of losses and damages also applies to situations such as someone breaking into an EGM website and/or emails and/or servers that we use, causing any interruption of the website, services, email deliveries and/or downloading of our information products and/or illegally capturing any EGM data relating to you or others.

10. Onward Transfer of Personal Information Outside Your Country of Residence.  Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States.  By using this site, if you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

11. Security of Personal Information.  We follow reasonable and appropriate industry standards to protect your personal information and data.  Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure.  Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.

12. Changing And Updating Personal Information.  Upon request, we will permit you to request or make changes or updates to your personal information for legitimate purposes.  We request identification prior to approving such requests.  We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others.  We reserve the right to permit you to access your personal information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.  It is solely your responsibility to notify us immediately if your user name or password is stolen.  You are solely liable for any damages or losses should you lose or misplace your user name and password.  You represent and warrant that all information you supply to EGM and/or third party processors is truthful and accurate and complete.  This information must be kept current.  You may make certain changes and updates via your profile.  Financial information updates and changes will go through our third party processors since we do not store that information.

13. Email; Promotional Offers From Us; Opt-Out Rights.  If you supply us with your e-mail address you may receive promotional offers from third party sponsors that we select; however, in these instances, we do NOT share your personal information with the third party sponsors for purposes of the mailing; we do the mailing for them.  However, if you do accept any of these promotional offers, any information that you provide in the process of registration or purchase will be transferred to these sites.  We have no responsibility or liability for the policies and practices of these sites.  Therefore you should be careful to review any privacy policies and terms of use posted on any of these sites before providing information to them.

14. Links To Other Sites Including Online Ads.  This site may contain links to other websites with whom we have a business relationship.  These links may include online advertisements that we deem to be appropriate.  Any information that you provide in the process of registration or purchase will be transferred to these sites.  We have no responsibility or liability for the policies and practices of these sites.  You should be careful to review any privacy policies and terms of use posted on any of these sites before using the site or providing information to them.  We may also link to other sites whereby we have no business relationship but you should also review their privacy and terms of use before using the site or providing any information to them.

15. Children's Online Policy.  We are committed to preserving online privacy for all of its website visitors, including children. This site is for individuals who represent and warrant that they are unmarried individuals who are at least 18 years of age.  Consistent with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13.  If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child's information, please contact our site as provided below under "Contact Us", and be sure to include in your message the same login information that your child submitted.

16. Email And Other Messages Through This Site; ECPA Notice.  This site treats email messages and other electronic messages that are sent through this site and not viewable by others as confidential and private, except as required by law, including without limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA").  The ECPA permits this site's limited ability to intercept and/or disclose electronic messages, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime.  When you voluntarily use any viral sharing system (that may be on our website or in emails) to have information sent to your friends and/or business contacts, only the information you requested is sent.  You are solely responsible for entering email addresses for whom you have permission to contact and forward information.  You agree not to enter email addresses that would violate the U.S. CAN-SPAM Act.  Should the recipient respond back to EGM at any time to receive any additional information, only then would we email back.

17.       USA Patriot Act Notice    We intend to avail ourselves of our rights and to comply with any obligations under the USA Patriot Act.

18. Contact Us.  If you have any questions regarding this Privacy Policy, please contact the owner and operator of this website business at:
 
  eGlobal Mashup, LLC
  Attn: Privacy Policy Officer
  550 W. Baseline Rd., Ste. 102-119
  Mesa, AZ  85210
  Email:  compliance-at-datingmashup.com
  
  

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Material Modifications Since February 25, 2011:  none.

SAFETY TIPS (Please read before using this site per our Terms of Use.)

For your safety, you agree to take precautions per our Terms of Use when using this site.  It is important to do so whether using this site or any social network site.  THERE IS NO SUBSTITUTE FOR ACTING WITH CAUTION WHEN COMMUNICATING WITH ANY STRANGER WHO WANTS TO MEET YOU.  IT IS NOT OUR POLICY TO DO BACKGROUND CHECKS OR SCREENING OF ANY KIND OF OUR USERS OR TO VERIFY INFORMATION RELATING TO ANYTHING POSTED BY OUR USERS.  HOWEVER WE DO RESERVE THE RIGHT TO DO SO FOR THE SAFETY OF OUR USERS AND FOR OTHER REASONS PER OUR TERMS OF USE.

Understand that profiles, postings and messages can contain false information provided by the user.  Do not assume that information given by the user is true, accurate and complete.

You should remain anonymous on the site and in any initial communications to protect your identity from prospective dates.  Never include such personally identifiable information such as last name, home address, email address, phone number, and/or place of work, etc. 

Be careful with the photos you post since backgrounds and whatever appears on your apparel can give users an idea as to your location.  Understand that a provocative photo could attract the type of person you might not wish to attract. 

Stop communicating with anyone who pressures you for any personally identifiable information. 

You must be careful if you ever decide to give out your personal email address to a user thinking that the person will not know who you are since there are ways that the other party can track your personal email address online and link it to your name and other personally identifiable information.

It is best NOT to give financial information to anyone nor should you provide a loan or any other financial assistance to another user.  Some scammers try to use dating and other social network sites for this purpose.

You can read postings about others to dig further to help evaluate if a potential date has a good reputation among other daters on the service.

If you start writing, emailing and/or talking on the phone with someone, try to get direct answers to your questions.  If the person changes stories or there are any inconsistencies, be wary of that person.  If the person gets very angry, is threatening or tries to exert control over you in any way, those are warning flags and you should take heed and stop all further communication.   You can block that person from contacting you by using the settings in your account. 

You should report any threats, abuse or violation of this site’s Terms of Use (including any EGM Membership Agreement in effect to which the person has agreed) as soon as possible to us by using the “Contact Us” form on this site and putting “Compliance” in the Subject Line.  It is important that you are truthful and accurate in your reporting to us and you agree that when you make such a submission, you are being truthful and accurate.

If you are considering meeting with someone, put your safety first and foremost.  Before you decide to meet, you may want to first conduct your own criminal background check on the person you are to meet before agreeing to do so.  This is highly recommended.  However, understand that criminal background checks are NOT foolproof and should not give you a sense of security as they are not a perfect safety solution.  There is no perfect safety solution.  Criminals can circumvent even the most sophisticated search technology.  Understand that not all criminal records are public in all states and that not all databases are up to date.  Only publicly available convictions are included in the screening.  Screenings do not cover other types of convictions or arrest or any convictions from foreign countries.

You should always meet in a public place when it will be busy there with other people around.  You should avoid going to any location considered to be in a high crime area. 

If you make the decision to meet with someone, set safety ground rules with the other party.

It is important that you tell a trusted friend or relative exactly where you are going. 

Do not do anything that could negatively impact your judgment like drinking too many alcoholic beverages. 

Do not go to the restroom or otherwise leave the other party whereby your drinks or belongings are left unattended. 

Do NOT get into a personal vehicle together regardless if it is yours, the other person’s or belonging to someone else.  Use your own vehicle, a rental car, or a taxi when going to meet someone for the first time instead of having the person pick you up. 

When you meet your date for the first time, if he or she does not look like the photo on his/her profile or photos sent to you, then the person could be impersonating someone else and you should immediately walk away.  Then contact us to report the incident (per the procedures described in paragraph ten of these Safety Tips).

 

 

 

 

 


 

IT IS NOT THE POLICY OF EGLOBAL MASHUP, LLC TO DO BACKGROUND CHECKS OR SCREENING OF ANY KIND OF OUR USERS OR TO VERIFY INFORMATION RELATING TO ANYTHING POSTED BY OUR USERS. HOWEVER WE DO RESERVE THE RIGHT TO DO SO FOR THE SAFETY OF OUR USERS AND FOR OTHER REASONS PER OUR TERMS OF USE. WE ENCOURAGE YOU TO TAKE PRECAUTIONS WHEN USING THIS SITE OR ANY SOCIAL NETWORK SITE. THERE IS NO SUBSTITUTE FOR ACTING WITH CAUTION WHEN COMMUNICATING WITH ANY STRANGER WHO WANTS TO MEET YOU. PLEASE READ OUR SAFETY TIPS, TERMS OF USE AND PRIVACY POLICY BEFORE USING OUR SITE. WE MAKE NO GUARANTEE THAT YOU WILL FIND A MATCH USING THIS SITE.