User Agreement

v.1.1.04.05.16

Updates on April 5th, 2016 are minor in the nature of syntax rather than being substantive or semantic.

Mingle Utah (founded as Utah Meet, Date, & Mingle (still the formal dba)) is an open community for Utah singles. This website and various services provided by or through Mingle Utah are referred to interchangeably in this agreement as "Platform(s)", "Tool(s)", and "Service(s)". The terms "User(s)" and "Member(s)" are often used interchangeably. Some users of the website, including visitors or other types of entities, may technically not be a member of the Mingle Utah singles community. This User Agreement applies to all individual and entities using any part of this website except where by its nature a specific provision could not apply. "Terms of Service" means the same as "User Agreement" and applies to this agreement.

This agreement may be updated as needed at any time. It is every member's and user's responsibility to remain informed of the current User Agreement. Continued usage constitutes consent to terms of service. Any user or member who does not agree must cease using the service and accessing the website. Any substantial change in the User Agreement will generally involved notification through the site or email communication to members as needed.

Membership
Basic membership in Mingle Utah is free and available to all individuals 18 years of age and older. There is no discrimination of membership eligibility based on gender, religion, ethnicity, and sexual orientation. No person may join Mingle Utah who has been convicted of a felony in any jurisdiction in the United States or who is required by court order to be registered as a sex offender. Suspension or termination of membership in Mingle Utah applies to all platforms where Mingle Utah operates and at any activity hosted by Mingle Utah or any of its members. Joining Mingle Utah is voluntary. Membership in Mingle Utah itself creates only a community to community participant relationship and no other unless otherwise agreed to by such individual and Mingle Utah.

The safety and welfare of its members are paramount to Mingle Utah.

Unless otherwise defined within the scope of a particular service or by express permission of Mingle Utah, all membership in Mingle Utah and participation in any service of Mingle Utah is for personal usage only. While members are not required to submit information for every profile field, any representation must be truthful, accurate, and transparent. Users and members are always responsible for the password, security, access, and usage of their own accounts; for content posted from their account; and for notifying Mingle Utah of any breach thereof.

These basic membership and usage requirements extend to any individual or organization of any type seeking to participate in Mingle Utah for purposes of research or investigation of any type, including, but not necessarily limited to students working on a thesis, dissertation, or other school project; members of the media of any type; or any other research project for personal usage, for publication, or other purpose. Mingle Utah values the privacy of its members and general transparency.

Any who seek to use any Mingle Utah service of any type for reasons other than personal participation as a single adult must first contact Mingle Utah if there is a reason for participation of any other type. Failure to do so and using any Mingle Utah service for any other purpose may result in legal action being taken if Mingle Utah feels there has been a compromise of or threat to the Mingle Utah community. Such includes but is not limited to instances of students doing school projects having their thesis, dissertation, or other school project cancelled, unpublished, and the like, along with potential legal action being taken against any school or publisher who fails to comply. Any such individual is advised to take this seriously. Mingle Utah does. Students and research may contact Mingle Utah with a request but should understand in advance that most requests are likely to be denied unless Mingle Utah strongly believes such efforts will promote the welfare of Mingle Utah members.

Again, the safety and welfare of its members are paramount to Mingle Utah.

Member Responsibility
Any information provided by a member is required to be accurate. Members have responsibility for the information they provide and their activities within the community all times. Mingle Utah is not responsible for and does not take responsibility for the actions and behaviors of any member at any time. Mingle Utah is a community of adults responsible for their own choices and actions. Further, while part of Mingle Utah's activities is to facilitate and provide opportunities for community members to meet, date, and develop personal relationships with each other, Mingle Utah does not bear any form of responsibility for the activities between two members whether at or apart from any Mingle Utah service or activity. Mingle Utah may provide mechanism to inform and educate members on matters of personal safety, dating, and things that promote the general welfare of members individually and collectively as a community. But ultimately, all members may only join and engage with Mingle Utah or the community of their own free will and individual consent, assuming all risks for their own activities and participation. Anyone with a significant concern about another member's behavior should notify Mingle Utah.

Usage
All members and users of the platform are responsible for their own activity, the content they post, and any information transmitted through the site including messages sent to another group member. All users must understand that while Mingle Utah will try to provide mechanisms by which to ensure compliance of content with posted policies, it is possible any user may happen to see content of all types he/she deems offensive or objectionable in some way. Despite this, all users agree Mingle Utah does bear a formal obligation to monitor site activity and content, and Mingle Utah, including any owner, agent, or any type of affiliate, do not bear responsibility for any content posted or information provided; for any errors in content or information; or for any loss or damage of any kind from content, information, and services through the platform.

The Mingle Utah website itself is substantially a user-generated content site. All members are encouraged to report potentially violating content through mechanisms provided by Mingle Utah for the benefit and welfare of the Mingle Utah community as a whole.

Restrictions on Activity, Content, and Information
All users and members agree that usage of any service; information provided; and participation at any activity:

  • Will be in full compliance with all applicable laws;
  • Will not be fraudulent, deceptive, harassing, threatening, or defamatory;
  • Will not infringe on the intellectual property rights, proprietary rights, rights of privacy, or rights of publicity of another party;
  • Will not be sexually explicit, obscene, contain pornography of any type, contain erotica of any type, or display nudity;
  • Will not interfere, damage, or intercept information within or operation of this site in any manner whether by personal effort or facilitated through technology including but not limited to computer routines and viruses, except as specifically allowed (public content or mechanism legitimately provided to members, etc.);
  • Will not cause liability to Mingle Utah, its agents, its service providers, and its members in any way;
  • Will not involve posting, displaying, or linking to any material for which permission does not exist to do so;
  • Will maintain accurate information and update information when it changes, including changing email address when applicable to help ensure another party does not have unauthorized access.

Content and License
Member profile information and content posted by a group member remains the property of that group member. However, in order for Mingle Utah to be able to provide services, all members or any non-member who provides information to Mingle Utah and through Mingle Utah grants a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable rights to data received through platforms and media now in use or which may be used in the future whether now known or unknown.

Fees, Promotions, and Discounts
Basic membership and usage of all platforms of Mingle Utah is free. Mingle Utah may make changes in the future whereby particular membership or service involves some type of fee or introduce such in the future involving some type of fee. For any such change, Mingle Utah will notify any member of any fees involved. All members agree to pay such fees if choosing to use the associated service or feature, and Mingle Utah is not responsible for any charge or expense related incurred by a member as a result of such billing. Mingle Utah reserves the right to offer discounts, waivers of fees, and promotions to all members or specific members at any time.

Points and Website Features
Mingle Utah may choose to make some features and services available to any particular subset of the membership base, and it may make changes from time to time. Mingle Utah may employ mechanisms such as a point system for particular activities that is linked to usage of particular features, incentives, or other mechanisms at the discretion of Mingle Utah. All such features including any type of points, incentive, or recognition mechanism is always provided "as is"; remains technically owned by Mingle Utah; may be adjusted at any time if needed; and technically retains no cash value.

Sub-Groups and Activity Organizers
Mingle Utah may facilitate group members organizing their own activities. Any Mingle Utah group member facilitating an activity through any service or tool provided by Mingle Utah does not necessarily constitute formal endorsement by Mingle Utah nor does Mingle Utah bear responsibility for such activities. Group members facilitating their own activity may charge some type of fee related to the activity. Such fees and terms are between the group member facilitator of the activity and group members participating in the activity.

Mingle Utah may provide ways for members to create and maintain sub-groups of Mingle Utah. Sub-group leaders are responsible for their own sub-groups. Mingle Utah reserves the right to take action against a sub-group if needed, including terminating the sub-group, in the same or similar manner as action that can be taken against an individual group member. Organizers of sub-groups within Mingle Utah may be allowed a degree of discretion in determining rules within the sub-group and membership eligibility within the scope of this user agreement and site policies including that sub-groups are at liberty to maintain sub-groups specific to a particular age, lifestyle, preference, or religious creed. At this time, sub-groups are prohibited from charging membership fees and dues for members to join or remain within a sub-group of Mingle Utah.

Sub-groups of Mingle Utah are for the purpose of supporting Mingle Utah group members and specific groups of people within the greater Utah singles population. At this time, sub-groups not oriented towards facilitating and promoting group member interaction should not be formed without specific approval of Mingle Utah.

Disclosure of Information
All members by using the platform agree that Mingle Utah may disclose any your information or information you provide to us in any way if Mingle Utah is required to do so by law or it is deemed necessary to comply with a court order or other legal process served upon Mingle Utah; if there is a good faith belief such disclosure is necessary to enforce this agreement; if it is deemed necessary to respond to claims of violations of legal rights of a third party; if it is in conjunction with the transfer or sale of Mingle Utah; if it is believed necessary to protect the rights, safety, or welfare of Mingle Utah, its agents, and any of its members; or if Mingle Utah believes in its sole discretion that disclosure to law enforcement or government officials is necessary or appropriate that relates to investigation of any activity believed to be illegal or that potentially exposes Mingle Utah to legal liability.

Any group member or user's information including non-registered visitors to the website includes any information provided from usage of the site including information given directly or passively through other mechanisms such as what may be collected through website analytics. Mingle Utah's privacy policy provides additional information about data collection and privacy.

Beyond what has been described above, Mingle Utah's default policy regarding information of members and visitors is that it does not provide information to any party who does not have a legitimate right to such information. Mingle Utah upholds an individual's right to privacy to the extent it can be facilitated.

Some information provided by a group member may be publicly accessible and therefore disclosed to outside entities such as search engines which visit the site. Other information may be disclosed only to other members of Mingle Utah. To the extent possible, Mingle Utah will clearly label and identify the disclosure level of every type and piece of information a group member may provide. To the extent feasible, Mingle Utah will make reasonable effort to ensure advance communication of any changes in disclosure level of information of a group member and ensure all aspects of the service are consistent with labeling of the disclosure of information.

Suspension and Termination
Mingle Utah may suspend or terminate any membership of any individual at any time with or without cause and retains no obligation past, present, future to allow membership and usage by anyone. That being said and the case, eligible members are generally welcome to participate in the Mingle Utah frequently or infrequently at that member's discretion without risk of suspension or termination by Mingle Utah. Some things (as examples only) whereby Mingle Utah may find suspension or termination of membership to be necessary include: failure or refusal to abide by information, content, and activity policies and guidelines; harassment of or inappropriate behavior towards another member; behavior that is disruptive and interferes with the community experience of another member; or refusal to follow Mingle Utah leadership requests and directions.

Any user may choose to terminate the user agreement or member termination their membership by contacting Mingle Utah or, if provided, by taking action to cancel their account when logged into the website. When cancelling an account, a user's account along with any profile created will be disabled, deleted immediately, or disabled then deleted at a later time. Information and content provided to Mingle Utah may be deleted immediately or later; or it may be retained with association of the content to the provider of the content changed (such as "Anonymous" instead of User Name). Information will continue to remain in data backups for a reasonable period of time. Upon suspension or termination, any applicable portion of the User Agreement by its nature remains in effect.

Additional policies
All additional policies and guidelines listed on http://mingleutah.com/policies are incorporated by reference into this User Agreement.

Additional Terms
This User Agreement and any relationship between a user and Mingle Utah is governed by the laws of the State of Utah. All users agree to submit to the personal exclusive jurisdiction of the Third District Court of the State of Utah, West and appellate courts with jurisdiction over said court.

Mingle Utah cannot absolutely guarantee secure and continuous access to the platform and all services with interruption. No waiver is made upon any failure of such or enforcement of any part of the User Agreement, in or outside the control of Mingle Utah. Upon any portion of this User Agreement found to be invalid by the court of exclusive jurisdiction, all remaining portions retain full force and effect, and all users and Mingle Utah agree the court should give effect to intentions of both parties as expressed in this agreement.

All users and members agree to indemnify and hold harmless Mingle Utah and its agents, leaders, directors, employees, owners, consultants, affiliates, and partners from any type of claim and demand arising out of that user's or member's breach of this User Agreement, use of any service, their information, their activity, their violation of any applicable law(including ordinations and regulations), their participation in any activity, their violation of any right of a third party, and any other occurrence resulting from membership in Mingle Utah or other usage of any part of Mingle Utah, including participation in any sub-group or activity organized within or posted about in any manner on Mingle Utah spaces even if Mingle Utah is not the formal organizer or sponsor of such activity. All users and members may only participate within or use any platform of Mingle Utah at their sole risk and on an "as is" basis. Mingle Utah disclaims all warranties and conditions of all kinds, express or implied, including but not limited to information, advice, services, goods, items advertised, content available on or through (such as via a link) a Mingle Utah platform, or transmitted through the Mingle Utah platform (including private messages between members).

All users and members agree Mingle Utah will not be liable for any type of damage arising out of of, associated with, or attempted to be connected in any way with any Mingle Utah platform, service, or activity. Where any liability is made to be applied, all users and members expressly and specifically agree Mingle Utah is not liable for to any member, user, or third party under any circumstances for an amount in total greater than anything received by Mingle Utah from that user or member or $99, whichever is greater.

Disputes
In the event of disputes between members, Mingle Utah strongly encourages members to resolve such disputes directly or through alternative dispute resolution (ADR) mechanisms, including mediation. Mingle Utah may choose to help with such disputes but bears no responsibility to do so. In the event of a dispute between a member and Mingle Utah itself, Mingle Utah strongly encourages use of ADR. That being said, encouragement of alternate dispute resolution is not a requirement for arbitration. Mingle Utah does not believe in the common exploitation seen around the internet of forced binding arbitration clauses and requiring consumers to give up their Constitutional rights.

DMCA, Intellectual Property Rights, and Proprietary Rights
User and members by participation in or membership in Mingle Utah do not automatically have any rights to Mingle Utah intellectual property. As exposed to any confidential or proprietary rights of Mingle Utah, all users and members agree to not distribute or re-use any such rights or property of Mingle Utah except as explicit consent is given by Mingle Utah.

Any third party with concerns of violations of their intellectual property or other rights should notify Mingle Utah via the Contact Us form on the site, by email support at this domain, or by mail to: PO Box 1301, West Jordan UT 84084. Formal claims of copyright violations should follow guidelines as currently set forth in the DMCA to expedite processing.