Terms and Conditions

These Terms of Use & Service (the “Terms” or the “Agreement”) are an agreement between You, as a user of the website www.Latinamingle.com (“Website”), and Us, Latina Mingle ® (“Latina Mingle”, or “us”).

These Terms govern your access to and use of the Website and the associated services offered through this Website (together with the Website, the “Service” or the “Services”). This Agreement supersedes all prior agreements between the parties, and your use of the Website and Services constitutes agreement to these Terms.

Your payments for use of the Services will be processed by Latina Mingle.

PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.

FURTHERMORE, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.

We may change these Terms on this page of the Website. We may notify you specifically about some critical changes, but are not obliged to do so in every case. Use of the Service after any changes are made means that you accept such changes. After getting notice of changes of the Terms, if you do not object and opt-out of the amended Terms within fourteen (14) days, the amended version of the Terms is binding upon you.

1. MEMBERSHIP AT THE WEBSITE

a. Eligibility

Before you create an account on Latinamingle, make sure you are eligible to use the Services.

– You must be at least 18 years old to use the Website or to register for the Services (or the reciprocal age of majority in your state or jurisdiction);

– You must not be restricted by law from registration/use of similar services and/or products.

b. Registration

You may register the account on the Website and become a Member of the Service at no cost.

To become a Member, you need to create an account by providing a valid email address, username, password and/or other information as prompted by the registration form or as required by applicable law.

We may also allow you to register by using your social network credentials.

Those Members who are referred to us by third-party service providers (“Trusted Members”) register with the Service by themselves.

c. Requirements to Profiles

When registering, you are prohibited from selecting or using a username, which contains:

– the name of another person with the intent to impersonate that person;

– a name that is subject to any rights of a person other than you without appropriate authorization; or

– a name that is otherwise offensive, vulgar, or obscene.

Please note that we prohibit including in any Section of your Member profile any telephone numbers, street addresses, email addresses, links to pages, profiles and other content from social networks, other personal contact information, your last name or any URLs.

We reserve the right to reject any username or to terminate your username and give such username to another Member of the Service at our sole discretion, and without any liability to you.

d. Trusted Members. Suppliers

Trusted Members may have access to additional features of the Service and provide the User Content as defined in Section 4(d).

We may require Trusted Members to agree to terms of using the Service that may be different from, or additional to, the terms set forth in these Terms. In particular, Trusted Members may use the Service for free subject to certain terms and conditions.

To engage new Members to register on MIRRORNAME, we purchase services from various third-party service providers (“Suppliers”). Among other services provided, Suppliers refer potential Members to us for registration on the Service. MIRRORNAME does not pay, and prohibits Suppliers from paying in any manner, Members (including Trusted Members) for registration on the Service.

The Suppliers are independent contractors and are not our employees, agents or representatives. Latinamingle is not responsible for the quality of Suppliers’ services, the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver services, partial or inadequate delivery of services.

e. Non-Commercial Use of Website

Services are for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.

f. No Third-Party Beneficiaries

You agree that, except as otherwise provided in these Terms, there shall be no third-party beneficiaries to this Agreement.

2. PAID FEATURES FOR MEMBERS

a. Description of Paid Features

We offer our Members a range of payable features (“Paid Features”) via the Website, including, but not limited to:

  • Sending and receiving correspondence;

  • Chatting by instant messages;

  • Sending virtual gifts and stickers;

  • Sending and view of personal pictures and videos;

  • Exchange of contact information;

  • Sending flowers and presents;

  • Requesting a personal meeting.

Please note that some of the Paid Features are provided jointly or solely by the Suppliers without our own involvement, for instance:

  • we merely coordinate exchange of contact details and relevant paperwork – direct communication with the Trusted Members and obtaining of necessary consents from the Trusted Members is done by the Suppliers;

  • we do not provide the services for sending or delivering flowers and presents or organizing personal meetings – processing and coordinating of such requests is done by the Suppliers.

The prices for the Paid Features are available for review either on the Member’s profile or prior to confirmation of the order and payment processing.

Currently we do not allow you to request such Paid Features as the delivery of gifts to, exchange of contact details of, or personal meeting with, any members other than Trusted Members.

b. Suppliers’ Role

The Suppliers fulfill the following roles regarding Paid Features:

  • organize purchase and delivery of flowers and presents ordered by the Members via the Website as gifts to the Trusted Members;

  • collect the Trusted Members’ paperwork, including consent to the exchange of contact details with other Members; and

  • procure the full and correct translation services to facilitate communication between Members.

The Suppliers may also provide additional services upon request of the Member.

c. Personal Meetings

You may request a personal meeting with a Trusted Member through the Service.

The request procedure is the following:

(1) you submit a request for a meeting with a specific Trusted Member, which may include your preferences as to the time and date of the meeting;

(2) we request the Trusted Member’s consent to the personal meeting with you;

(3) we process the paperwork relating to such consent; and

(4) we inform you of the results via the Service.

If the Trusted Member agrees to the meeting, we may also provide you with the contact details of such Trusted Member, the Trusted Member’s representative (an employee of the relevant Supplier) (if necessary), or another person not associated with us that may assist in further arrangements for the personal meeting (“Contact Person”), or further information about the meeting, such as the agreed time and place.

We provide you all such contact details and information as received from the Trusted Member or the Supplier, without any warranty, verification or checks from us.

d. Services That We Do Not Provide Regarding Personal Meetings

Please note that we do not provide any other services in connection with your personal meeting and do not take part in any arrangements relating to it, except as stated above.

Any travel, entry clearance, relations with authorities, accommodations, and personal health and safety, are entirely your responsibility, and are not part of the Service. Such Services may be provided by our Supplier or Contact Person. In such cases we do not hold any responsibility for their conduct and quality of their services.

3. TERMS OF PAYMENT

a. Credits

You may use Paid Features only by spending our virtual currency called “Credits”. In order to get the Credits, you pay real currency for them. Payments for the credits are charged in the US dollars unless you see another currency sign on the payment page.

In some cases, we may offer Paid Features for a flat fee payable each time you use a Paid Feature or depending on the amount of time you use a certain Paid Feature. In those cases, you agree to pay the fee stated on the Service.

Sometimes we may provide you with bonus Credits for free.

With regard to Credits you acknowledge and accept that:

– Credits are not real money;

– Credits do not have monetary value;

– Credits may not be sold, assigned, transferred or disposed of in any manner to any third party;

– Credits can only be used on the Website to pay for Services – i.e., they do not constitute means of payment and have value only within the Service;

– we say “buy”, “purchase” or “sell” in reference to Credits only for convenience and it does not mean that Credits have monetary value or are real currency;

– we are not obliged to maintain or update your account balance. Our maximum liability or responsibility to you is to replenish the Credits lost and only in a limited number of cases provided in these Terms immediately below. We will not provide you with any real currency;

– we have no liability for hacking or loss of your Credits or any goods or services obtained with Credits (exception is a loss of Credits in your account due to technical or operational problems with the Service. In such case we will replenish the lost Credits once the loss has been verified);

– we may, without prior notification, limit the quantity of Credits and/or to refuse to provide you with any Credits;

– we determine price, exchangeability, and availability of Credits in our sole discretion and may change it anytime without notice;

– we have absolute right to manage, distribute, regulate, control, modify, cancel, restrict, terminate and/or eliminate Credits in our sole discretion, and we will have no liability for it.

– we are not liable to you for any damages or claims that may arise from the loss or use of your Credits under any circumstances.

Credits obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-exclusive, non-sublicenseable license to use within the Service. Credits may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right, or title in or to any such Credits appearing or originating in the Service, or any other attributes associated with use of the Service.

b. Continuous Service-Automatic Top-Up When Account Balance Low

We may allow you to agree to a plan or arrangement in which a subscription or purchasing agreement continues until you cancel it.

We may provide you with an option to charge your credit card or other payment method automatically for a certain number of Credits every time the number of Credits requires replenishment, until you cancel this arrangement via the Service. This option is subject to your consent and/or activation via the Service only, and we may not proceed with automatic charging of your selected payment method without your prior consent.

You can activate or deactivate this option in your account settings in the Billing Section, as well as change the credits package selected for automatic purchasing at any time. We may also offer you this opportunity elsewhere on the Website (for example, on the payment page).

c. Refunds

We may refuse to refund you both spent and unspent Credits in our sole discretion. We are obliged to provide you with refund only if the applicable law obliges us to do so.

At the same time, we outlined refund procedures and cases in which we may consider and agree to refund Credits in these Terms and our 

We may change our  at any time, and changes are effective upon posting on the Website.

In any case, we have a right to refuse providing you any kind of refund if you have violated any provisions of these Terms.

4. REPRESENTATIONS AND WARRANTIES FROM AND REQUIREMENTS TO MEMBERS

a. Representations and Warranties from Members

By using the Service, you represent and warrant that:

  • you have never been convicted of a felony;

  • you are not required to register as a sex offender with any government entity;

  • all information you include in your Member profile is accurate, current, and complete;

  • you will ensure that this information is kept accurate and up-to-date at all times;

  • you will notify us immediately of any change in your contact details, including your email address;

  • you will not conceal from those with whom you correspond any information regarding infectious or incurable diseases, physical or psychological handicap, disabilities, or disorders you may have or may believe that you have, or any other adverse elements that may be deemed by a reasonable person to be unsuitable for relationships.

  • your use of the Service is in accordance with any and all applicable laws and regulations;

  • you have the right, authority, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement;

  • you will not be engaged into any kind of activities that are prohibited.

b. Prohibited Activities of Members

This is a list of activities that we prohibit on the Website:

  • You shall not share any personal details with other Members of the Service other than through contact exchange feature on the Website. Any other instances of exchanging your personal information with other Members of the Service are at your own risk, and you hereby agree and accept such risk;

  • You shall not create duplicate profiles;

  • You shall not transmit any chain letters or junk email to other Members;

  • You shall not “stalk” or otherwise harass any person on the Service;

  • You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

  • You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

  • You shall not remove any copyright, trademark, or other proprietary rights notices contained on the Service;

  • You shall not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website;

  • You shall not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;

  • You shall not make illegal and/or unauthorized uses of the Services, including, but not limited to, collecting usernames and/or email addresses of other Members posted on the Service by any means for the purpose of sending unsolicited emails and/or unauthorized framing of, or linking to, the Service;

  • You shall not “frame” or “mirror” any part of the Service or the Website, without Latinamingle prior written authorization. You also shall not use metatags or code or other devices containing any reference to Latinamingle or the Service or the Website in order to direct any person to any other website for any purpose;

  • You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so;

  • You shall not post any pornographic materials;

  • You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Service, Member accounts, or the technology and equipment supporting the Service;

  • You shall not post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

  • You shall not disclose personal information about another person or harass, abuse, or post objectionable material;

  • – You shall not post advertising or marketing links or content, except as specifically allowed by this Agreement;

  • You shall not conduct any kind of advertising to, or solicitation of, from one Members to other Members on the Service or using information obtained via the Service, unless you have not obtained specific consent to it from us;

  • You shall not use the Service in an unlawful or illegal way or commit an illegal act in relation to the Service including, without limitation, all laws associated with international money transfers;

  • You shall not access the Service from a jurisdiction where it is illegal or unauthorized;

  • You shall not collect usernames and/or email addresses of Members or Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service;

  • You shall not create any databases, websites, software, legal entities, and/or services that compete with the Website;

  • You shall not access or use (or attempt to access or use) the Service in any way that violates this Agreement.

Although Latinamingle cannot monitor the conduct of its Members while not on the Service, it is also a violation of these Terms to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

c. Our Rights Regarding Violations of Warranties and Prohibitions by You

In order to protect our Members from prohibited advertising or solicitation, we reserve the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number that we deem appropriate in our sole discretion.

We may conduct an investigation regarding possible breaches of the mentioned requirements from you. We reserve the right to:

  • ask for any additional documents and information necessary for investigation in accordance with our  

  • conduct checks or other screenings of your background (including criminal background in sex offender register searches), at any time and using available public records, social networks.

If such investigation shows that there is a violation by you, we deactivate your profile on the Website. In addition, we may take appropriate legal action against you because of such violation, without limitation, seeking civil, criminal, and injunctive redress.

d. Requirements to Content Posted by You on the Website

You are solely responsible for the information, communications and content that you publish or display (“post”) on the Service or transmit to other Members (“User Content”).

We prohibit providing, posting and transmitting to other Members any kind of User Content that:

  • is patently abusive and offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person;

  • promotes information that is inaccurate, false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • promotes an illegal or unauthorized copy of another person’s copyrighted work or protected by other intellectual property rights, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

  • has features of pornographic or adult content, including, but not limited, content that represents a sexual act, naked genitals or other graphic material; and/or

  • infringes or violates another party’s rights and/or applicable law in any other way (including, but not limited to, rights of privacy and publicity).

We may prohibit providing, posting and transmitting to other Members any kind of User Content depicting smoking, drinking alcohol, naked bodies (that do not necessarily constitute pornographic or adult content), and any other User Content.

We may investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Service and terminating the access and membership of such violators.

We reserve the right to change or ask Members to change any inaccurate, misleading, or false User Content or profile information of the Members. If information provided to Latinamingle, or another Member, only subsequently becomes inaccurate, misleading, or false, you will promptly notify Latinamingle of such change and you will take all reasonably necessary measures to correct the information.

e. Our Rights to and Regarding Content Posted by You on the Website

We may, but are not obliged to, monitor and remove any User Content for any reason. In particular, we may remove User Content that does not comply with the requirements of these Terms and our Policies.

We may use any of your User Content (including your photographs) and your endorsements, testimonials, or other comments in respect of your use of the Service (whether provided via the Service, other methods of communication, or otherwise), for displaying on the public pages of the Service, advertising or publicity.

We may use such Content in full or in part, and with such corrections of any grammatical, stylistic, or other similar shortcomings as we deem appropriate.

By posting User Content to Latinamingle, you automatically grant, and you represent and warrant that you have the right to grant, to Latinamingle, its affiliates, licensees, and successors, an irrevocable, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing for the purpose of providing the Service to you.

You hereby release, discharge and agree to hold Latinamingle harmless from any causes of action in law or equity you may have or may hereafter acquire against Latinamingle or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by Latinamingle or its affiliates of your User Content.

If you do not wish us to do this, please contact us. More details on how we use your information are contained in our Privacy Policy.

5. ACCOUNT SECURITY

a. Security Measures

In order to retain security of your account you hereby agree to undertake the following:

  • – to keep the confidentiality of the username and password that you designate during the registration process;

  • – to be fully responsible for all activities that occur under your username and password;

  • – in case of any unauthorized use of your username or password or any other breach of security immediately notify us, and ensure that you exit from your account at the end of each session;

  • – to do all possible actions to disable others to view or record your password or other personal information when you are accessing your account from a public or shared computer;

  • – not to authorize others to use your membership and not assign or otherwise transfer your account to any other person or entity.

Please note that we shall not be liable for any loss or damage arising from your failure to comply with this provision.

b. Unauthorized Interception of Data

We put efforts to make your use of the Website safe and secure taking necessary protective and security measures. Nevertheless, any message or information you send through the Service may be possibly read or intercepted by others, even if there is a special notice that such message or information is encrypted or otherwise protected or secured.

Please note that we shall not be liable for any loss or damage arising from unauthorized use of your credentials by third parties.

6. INTERACTION BETWEEN MEMBERS

a. General Rules

You are solely responsible for your interactions with other Members. We are not responsible for the course of communication between our Members, including its quality, duration, motivation of the Members and any other possible issues.

Use caution and common sense when using the Service, especially when providing any information to other Members, including personal and financial information.

You acknowledge and agree:

  • – to assume all risks when interacting with any other Member while using the Service, including, but not limited to, sharing confidential information, sending money;

  • – not to provide your financial information to other Members;

  • – to take reasonable precautions in all interactions with other Members during both online and offline interaction.

  • – to review Latinamingle’ Community Guidelines (if any) prior to using the Service.

Please note that we disclaim all liability associated with the mentioned risks.

b. Reliance on Content, Advice, and Other Statements

We do not guarantee that any opinions, advice, statements, offers, or other information or content from any Member or third party on the Service are accurate, complete, or reliable.

Such Members or third parties are solely responsible for such content. Latinamingle does not hold any responsibility in this regard.

Please note that we shall not be liable for any loss or damage arising from your reliance on information or other content posted on the Service or transmitted to or by any Member or third party.

c. Icebreakers

We may allow our Trusted Members to choose to send the same messages (“Icebreakers”) to a number of other Members, who are randomly selected in order to allocate the attention and activity among Members of the Service.

You may receive Icebreakers from the same Trusted Member more than once. Icebreakers may be sent through the same channels as ordinary messages, including as a chat or mail message.

In order to reduce the chance that Icebreakers are used for spam, commercial, or other improper purposes, we do not allow Members other than Trusted Members to send Icebreakers.

d. Photo Rating

The Service may ask you to rate other Members’ photos or ask other Members to rate your photo.

The Service may also send you a notification of other Members visiting your profile (via email or on the Website) if a Member rates your photo or visits your profile on the Service.

You understand and agree that Latinamingle has no control over any Member’s rating of your photo, or of your rating of the photos of other Members, and that Latinamingle shall not be liable for any damage or harm arising out of or relating to same.

e. Our Disclaimers on Interaction between Members

We make no representations or warranties that:

  • – you will experience specific results from the use of the Service;

  • – the conduct of Members and/or their compatibility with any current or future Members shall fit any of your expectations;

  • – we are able to secure any visas or other international travel documentation for any Members;

  • – we are obliged to and currently do conduct criminal background checks or screenings on all Members.

You assume all risk associated with interacting with any and all Members or other third parties, including without limitation the risk that information about a certain Member posted on the Service or information provided by a Member in the course of interactions with other Members via the Service may be false or misleading.

Please note that we shall not be liable for any disputes or disagreements between you and any other Member or third party you interact with using the Service.

You release Latinamingle of all claims, demands, and damages in disputes among Members of the Service or other third parties. You also agree not to involve us in such disputes. You agree to resolve disputes directly with the other party.

To the fullest extent permitted by law, in no event shall Latinamingle or its affiliates, officers, employees, agents, partners, and licensors (collectively, the “released parties”) be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of, or relating to, the conduct of you or anyone else in connection with the use of the Service, including, without limitation, bodily injury, emotional distress, loss of business, lost profits, trade secret misappropriation, intellectual property infringement, and/or any other damages resulting from communications or meetings with other Members of this Service or persons you meet through the Service.

All Members of the Service hereby expressly agree not to sue or hold liable the released parties for any instruction, advice or services that originated through the Service, and the released parties expressly disclaim any liability whatsoever, to the fullest extent permitted by law, for any damage, suits, claims, and/or controversies that arise or are related in any way to the service, the information provided through the Service and/or the interaction(s) between any Members of the Service, whether arising under contract, tort or otherwise.

7. USE OF CONTACTS AND INTERACTION WITH CUSTOMER SERVICE

a. Electronic Communication

Without limiting other provisions of this Agreement (including the Privacy Policy, by using the Service, you agree to accept and consent to receiving electronic communications initiated from us regarding any issue arisen from this Agreement and Service.

All information communicated on the Service is considered electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with Latinamingle electronically.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

b. Text Messages

By providing your mobile telephone number, you consent to receive text messages at that number as requested for account verification, message notifications, and other purposes related to the Service.

While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for those charges.

We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as we cannot control work of the cellular telephone operator or other networks.

We will use your mobile number in accordance with our Privacy Policy.

c. Telephone Calls

By providing your phone number, you consent to receive autodialed or prerecorded calls at the phone number that you provided, including any mobile telephone number and/or a number listed on any do-not-call list, to facilitate conversations between you and other Members; or otherwise provide our Services or enforce these Terms.

You are not required to provide your consent to these calls as a condition of purchase on the Service.

Standard telephone rates may apply.

We may monitor or record telephone conversations that we have with you or anyone acting on your behalf regardless you call us or we call you. We will use the results of monitoring and recording in accordance with our Privacy Policy.

d. Prohibited Conduct towards Customer Service

When communicating with our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and behaving inappropriately anyhow.

If your behavior towards any of our representatives is such as described above, we may terminate your membership.

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