1.  Scope. The GoMingle® application software (the “App”) for certain mobile phones, seeks to enable customers at a participating venue to order items from the venue as well as social interaction with others at the venue. By installing the App on your smartphone, and each time you use the App, or by visiting our Website (GoMingle.com) you agree to these terms.  Please review these terms carefully before you install the App, use the App, or visit our Website.

2. Alert. These terms restrict your rights and remedies and provide rights and protections to us. These also include warranty disclaimers and limitations and exclusions of liability.  By installing the App, also by using the App, also by visiting our Website, you acknowledge and agree this is a fair balance because the App and Website are available to you conveniently; and if you don’t agree or don’t want to accept these terms, you can easily choose to not install the App, not use the App, and/or not visit the Website.

3. If Anything In These Terms is Something You Don’t Agree To, Do Not Install the App or Visit the Website. If anything is in these terms, for example warranty disclaimers, liability exclusions, and your acceptance of risks, that you disagree with or are not willing to be bound by, or cannot comply with, or if something is missing from these terms that you consider essential, then you must not install the App and must not visit the Website. IF THERE IS ANY PART OF THESE TERMS YOU DO NOT AGREE TO, YOU MUST NOT INSTALL THE APP, USE THE APP OR VISIT THE WEBSITE.

4. Definitions. The “App” means the GoMingle® application software created and provided by Social Order, LLC, a Nevada limited liability company, for use on an Apple® iOS or Android® OS smartphone device, and includes our modifications and upgrades to the software from time to time.  The “Website” means our Internet Website (GoMingle.com). “We” or “us” or “our” means Social Order, LLC.

5. About You. GoMingle® is only for individual adults, at least 21 years of age.  If you are under age 21 you are not permitted to use the App. You represent and warrant to us that (a) you are an individual; (b) you are at least 21 years of age; (c) you are not under any legal, contractual or other restriction against using the App; (b) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (d) you are not listed on any U.S. Government “watch list” of prohibited or restricted persons, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

6. Ownership. The App is licensed, not sold, to you. You acknowledge and agree that all aspects and elements of the App, and of the Website, and all their embodiments, including but not limited to copyrights in their code, text and appearance, the name and trademark GoMingle®, trade dress of the App and of the Website, any patents on or relating to the App, and all other intellectual property rights embodying, embodied in or associated with the App and/or Website, as between you and us, are owned exclusively by us (Social Order, LLC).  Though the App is made available to you through a third party site, such as the Apple Store (run by Apple, Inc.) or Google Play (run by Google, Inc.) the App is owned by us (Social Order, LLC).

7. License. We grant you a limited license to load the App onto your smartphone, and make personal use of the App, only according to these terms. The license does not include any right to practice or use any patent or use any of our trademarks, trade dress, copyrights or other intellectual property beyond your personal use of the App according to these terms. We grant you a limited license to visit our Website and make personal use of information on our Website.

8. We Can Change Terms. Currently, we make the App available at no charge to you, for your personal use.  We reserve the right to modify or withdraw the App, charge you to use the App, stop making the App available generally, or stop making it available to you, modify these terms and/or revoke the license.  We can do any of these at any time. We do not have to notify you in advance, or at all.

9. Your License to Us. You consent to us loading the App onto your device, updating and modifying the App on your device, loading ancillary applications, sending, receiving and using data in relation to your use of the App.

You consent to us collecting and using technical data and related information, including but not limited to technical information about your device, system, software and peripherals, that we gather to help us provide updates and other services related to the App. You consent to  all other things directly or indirectly, expressly or impliedly envisioned by these terms. You consent to all the foregoing and any additional activity by us that is directly or indirectly ancillary or related to the activity associated with the App, even though attenuated from or extending beyond the terms of what is contemplated.

10. No Copying, Editing, Etc. You must not: make or distribute a copy of the App or our Website or any part of the App or of our Website; copy, reproduce, alter, edit, modify, reverse-engineer, decipher, disassemble, decompile, transfer, exchange or translate the App or our Website; create a derivative work of the App or Website; disclose contents of the App; or attempt to do any of these.

11. No Misusing the Service. You must not submit, upload, download or transmit any remark, suggestion, message, idea, photo, graphic, information, data, text, file, link, software, or other content that: is unlawful, racist, hateful, libelous, defamatory, obscene; discriminates unlawfully; harasses or stalks any person, entity or group; solicits personal information from anyone under age 21; contains private information; harvests, collects or discloses information about another person, without that person’s express consent; promotes information that is false or misleading; promotes prostitution or unlawful use of any controlled substance; solicits away a venue’s customers or attempts to do so; involves any activity or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous; promotes illegal or unauthorized copying of any copyrighted work; solicits passwords or personally identifiable information for any commercial or unlawful purpose; involves sales, barter, a contest, sweepstakes, advertising, pyramid scheme or other commercial activity and/or sales; or infringes any trademark, trade secret, copyright, patent, personality right or other right of any person or entity. You must not: take any action that places an unreasonable load on our service or infrastructure; use any device, software or routine to interfere with proper working of our service; delete or alter any material posted by us or by anyone on our Website; or frame or link to and/or re-display any of our content.  You must not purport to resell, transfer, modify or distribute the App or any of its text, images, or other elements.  Any use of the App in any manner not allowed under these Terms is prohibited.

12. No Circumventing. You must not assist or allow anyone to do or attempt to do any of the things stated in Sections 10 or 11. You must not take any action to circumvent (that is, engage indirectly in acts that are prohibited by) the restrictions in Sections 10, 11 or elsewhere in these terms.

13. You Are Responsible for Your Username and Password.  You will be responsible for all activities occurring under your username and to keep your password secure.

14. You Are Subject to Terms from Other Service Providers. You acknowledge that in loading the App to your device, you may be subject to terms of the online store where you accessed the App, such as the Apple Store or Google Play. You acknowledge that terms of agreement with and charges from your mobile network telephone service provider (“Mobile Provider”) will apply when you load or use the App. Your Mobile Provider may charge you to access their network while you load or use the App. You are responsible for those charges. There may be other restrictions in your agreement with your Mobile Provider. You are responsible to check your Mobile Provider’s terms and charges to make sure you don’t violate their agreement with you.  Terms of other service providers that you are subject to are in addition to, and do not alter, replace or excuse your compliance with any of these terms.

15. Get Your Payor’s Permission.  If someone other than you is the subscriber, or pays the bill, for the phone or device or service you use, you must get their permission to load and use the App.  By loading and using the App you assure us that you have their permission to do so.

16. Third Party Websites. You acknowledge and agree: (a) Any links on our website to third party websites or information are provided only as a convenience to you and are not an endorsement of content or recommendation by us of those websites.  (b) We do not make any representation regarding content or accuracy of material on those websites.  (c) WE ARE NOT RESPONSIBLE OR LIABLE FOR AVAILABILITY OF ANY OTHER WEBSITES OR FOR THEIR OR ITS CONTENT.  (d) If you choose to access any other website via a link on our website, you do so at your own risk. In doing so you are leaving our website, and will be subject to the terms of use and any privacy policy applicable to the other websites.

17. Venue Rules. You are subject to the rules and charges of any venue you visit. Our arrangements for the App to work at a venue are not an endorsement of any aspect of the venue or its products or service. We do not make any representation regarding and are not responsible for any aspect of the products or services of or occurrences at or about any venue. We do not assure that the App will work at the venue.  Your choice to visit a venue, and what you do there or nearby, is all at your own risk.

18. Transmission. The App may require transmission of information provided by you, including but not limited to your username, password, name, address, e-mail address, financial information and credit card information, to settle, pay for or close-out a check, bill, tab or owed payment in or to a venue.  You consent to the transmission of your information to us and our agents, also including any person or entity in the payment process, to process your information as may be necessary for the App to perform its functions or to settle, pay for or close-out a check, bill, tab or owed payment in a venue.  YOU ACCEPT THE RISKS OF YOUR INFORMATION BEING RECEIVED OR INTERCEPTED BY OTHERS, OUTSIDE THE PAYMENT PROCESS, AND BEING USED OR MISUSED, WHETHER DUE TO ERROR OR OMISSION OR MALICIOUS ACTION OR OTHERWISE BY ANY PERSON OR ENTITY.

19. App May Not Run Properly. We designed the App for use on mobile devices running Apple® iOS or Android OS operating systems.  The App is new.  We may not have optimized it for every aspect of these operating systems. Each device differs.  Conflicts with other software and other apps are possible. Error or oversight could occur in the development, updating, and operational process. For these and other reasons, the App may not operate optimally, or as intended, or as desired, or effectively, or at all.  There is no assurance the App or its operation will be free from disruptions or errors. WE SHALL NOT BE LIABLE, FOR INJURY OR DAMAGE CAUSED BY DEFECTS OR ERRORS IN THE APP, OR CONFLICTS BETWEEN THE APP AND OTHER SOFTWARE OR ANY PROBLEM OR CLAIM ARISING FROM OR IN OR IN RELATION TO THE APP.

20. App May Not Always Be Available.  You acknowledge the App is made available via the Internet and mobile networks.  Availability for loading and usage, and the quality of transmission are outside our control.  WE SHALL NOT BE LIABLE, FOR UNAVAILABILITY OR DELAY IN AVAILABILTY OF THE APP FOR LOADING OR USAGE OR FOR POOR QUALITY OF DATA TRANSMISSION.

21. Technology May Change. Technology changes over time.  Apple iOS and Android OS operating systems and other technology may change.  WE SHALL NOT BE OBLIGATED TO UPDATE OR MAINTAIN THE APP OR RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OF THE APP THAT RESULT FROM CHANGES IN TECHNOLOGY.

22. We Do Not Promise to Update or Maintain the App.  While it is our internal intent to further develop, support, maintain and update the App from time to time, we do not promise you we will do so. These terms and your usage do not entitle you to receive and do not obligate us to provide hard-copy documentation, support, assistance, enhancements, maintenance or updates to the App. WE SHALL NOT BE OBLIGATED TO FURTHER DEVELOP, CORRECT, SUPPORT, MAINTAIN OR UPDATE THE APP OR RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OF THE APP THAT RESULT FROM DEVELOPMENT, CORRECTION, SUPPORT, MAINTENANCE, UPGRADING OR UPDATING OF, OR FROM FAILURE TO DEVELOP, CORRECT, SUPPORT, MAINTAIN, UPGRADE OR UPDATE, THE APP.

23. Current System Requirements.  To use the App you must have a compatible mobile telephone or handheld device, internet access, and meet at least the following minimum specifications:  Apple iOS device running iOS 5 or above, or Android OS device running Android OS 2.3 or above; Language: English.  WE SHALL NOT BE OBLIGATED FOR ANY PROBLEMS OF OR CAUSED BY THE APP, THAT RESULT FROM ADDITIONAL SYSTEM REQUIREMENTS, IF ANY, THAT WE HAVE NOT IDENTIFIED IN THESE TERMS.

24. Updates Could Affect Performance.  We may update or upgrade the App sometimes to improve or add functions and services.  These may change or interrupt or disrupt or hurt performance. WE SHALL NOT BE RESPONISBLE OR LIABLE FOR PROBLEMS OF THE APP THAT RESULT FROM PERFORMING UPDATES OR UPGRADES OR THE TIMING WHEN WE SEEK TO PERFORM THESE.

25. App Uses Device’s Memory; Some Data is Stored on Device; Changing Devices Will Lose Data. The App uses memory of your smartphone to store some data such as text messages.  You consent to this.  When storage space on your device is exhausted or near exhausted, further data storage may not be possible and use of the App may be affected.  If you change devices or delete the App or if the memory on your device is damaged, data stored by the App will be lost. If you abandon, turnover, lend or lose your device or the media on which data is contained, other persons may be able to access, use and/or misuse your data.  WE SHALL NOT BE LIABLE FOR LIMITATIONS ON STORAGE OF DATA OR LOSS OR USE OR MISUSE OF DATA FOR ANY REASON, INCLUDING BUT NOT LIMITED TO LIMITED CAPACITY OF THE DEVICE OR LOSS OF OR CHANGE OF THE DEVICE OR ACCESS BY OTHERS TO THE DEVICE OR ITS MEDIA.

26. There are Risks in Using the App for Social Interactions.  Using the App may facilitate social interactions with other people — for example, meeting, starting or continuing relationships with other people. WE HAVE NOT SCREENED AND DO NOT SCREEN YOU OR OTHERS WHO USE THE APP.  THERE IS NO SCREENING IN OUR APP.  YOU COULD MEET PEOPLE WHO ARE NOT COMPATIBLE WITH YOU, OR WHO ARE DANGEROUS OR WHO HAVE CONTAGIOUS OR DANGEROUS PHYSICAL OR MENTAL ILLNESSES OR WHO TELL YOU THINGS THAT ARE NOT TRUE; OR WHO FAIL TO TELL YOU IMPORTANT FACTS ABOUT THEMSELVES. A USER COULD BE FALSELY PRETENDING TO BE SOMEONE ELSE, POSSIBLY BY USING SOMEONE ELSE’S DEVICE OR BEING UNTRUTHFUL.  A USER COULD BE USING  FALSE IDENTITY.  OTHER MISUSES COULD OCCUR.  BY USING THE APP, YOU ASSUME THE MANY RISKS THAT EXIST IN MEETING SHARING INFORMATION WITH AND/OR STARTING RELATIONSHIPS WITH OTHER PEOPLE. WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PHYSICAL OR EMOTIONAL INJURY, DAMAGE OR LOSS, OR LOSS, INJURY OR DAMAGE TO OR LOSS OF PROPERTY, OR ANY OTHER INJURY OR LOSS OR DAMAGE WHATSOEVER ARISING FROM OR RELATING TO ANY PERSON(S) OR RELATIONSHIP(S) THAT START OR DEVELOP OR OCCUR IN WHOLE OR IN PART FROM YOUR USE OF THE APP.

27.  We Are Not Responsible for Acts, Omissions or Disputes Involving Venue. A venue may have obtained a license from us, allowing them to participate in your use of the App.  The venue may charge you for products or services you use the App to request.  WE SHALL NOT BE LIABLE FOR CHARGES, QUALITY OF PRODUCTS OR SERVICES, ANY DISPUTE WITH, OR ANY ASPECT OF THE VENUE OR ANY VENUE WHERE YOU USE THE APP.  WE SHALL NOT BE LIABLE FOR DEFECTS IN OR FAILIURE OF PERFORMANCE OF THE APP THAT RESULT IN DELAY OR ERROR IN YOUR ORDER FOR PRODUCTS OR SERVICE FROM ANY VENUE.  WE SHALL NOT BE LIABLE FOR INCIDENTS, INJURY OR DAMAGE THAT OCCURS AS A RESULT OF OR IS CONNECTED TO USE OF THE APP.

28. Disclaimer of Warranties. THE APP IS MADE AVAILABLE “AS IS,” “WHERE IS,” “WITH ALL FAULTS.”  WE MAKE NO WARRANTY AS TO THE EFFECTIVENESS OF OR ANY CHARACTERISTICS OR RESULTS FROM USING THE APP OR IN ANY OTHER RESPECT WITH REGARD TO THE APP.  WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED. WE MAKE NO REPRESENTATION OR WARRANTY WHATEVER REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OR ANY ASPECT OF THE APP OR ITS CONTENT OR SERVICES PROVIDED USING THE APP. WE DO NOT WARRANT THAT USE OF THE APP WILL BE FREE FROM HACKING OR FROM TRANSMISSION OF VIRUSES, MALWARE AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.

29.  Indemnification. You acknowledge and agree you are personally responsible for your acts, omissions and behavior in using the App. You agree to indemnify, defend and hold harmless us and our respective parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, members, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use or misuse of the App, violation by you of these terms, and any negligent, willful or other culpable act or omission by you or any person(s) using the App through you. You agree to indemnify, defend and hold us harmless from any claim, damage, loss, liability, cost, and expense, including attorneys’ fees, resulting from your use or misuse of the App.

30. Right to Refuse Service. We reserve the right to refuse service to you or anyone, at any time, in our sole discretion and without notice.

31. Termination. We may terminate or suspend the license and permission to use the App and/or Website at any time, with or without notice to you, temporarily or permanently. We may terminate or suspend the license and permission to use the App and/or Website due to violation of these terms, our belief or suspicion of your violation of these terms, or for any reason or for no reason.  We do not claim the right to act for a reason that would be unlawful. On termination, the license granted to you shall terminate and on suspension the license granted to you shall be suspended and you must stop all use of the App and/or Website.  You have the right any time(s) you choose, to temporarily or permanently stop using the App. Termination or suspension does not terminate or suspend your license to us in Section 9, your indemnification obligation in Section 29, the arbitration provisions in Section 50, the disclaimers or limitations of liability in these terms or any other provision of these terms which, by its nature, continues in effect after termination.

32. Other Limitations of Liability.  WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER LOSSES WHATSOEVER, ARISING OUT OF YOUR USE OR ACCESS TO THE APP, OR YOUR INABILITY TO USE OR ACCESS THE APP, INTERRUPTION IN USE OF THE APP, OR DELAY OR DEFECT IN OR FAILURE OF THE APP, OR MISUSE BY US OR ANY PERSON OR ENTITY OF THE APP, INJURY TO SOFTWARE OR DEVICE OR PERSONS CAUSED IN WHOLE OR IN PART BY THE APP, OR IN ANY OTHER WAY ARISING FROM, DERIVED FROM, CONNECTED TO OR RELATING TO THE EXISTENCE OF, USE, NONUSE, MISUSE OR DEFECT IN THE APP, WHETHER OR NOT IN YOUR OR OUR CONTEMPLATION, AND WHETHER BASED ON ACTUAL OR ALLEGED BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.  WE SHALL NOT BE LIABLE TO YOU FOR DAMAGE OR LOSS FROM ALTERATION TO YOUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO COMPUTER EQUIPMENT, HANDHELD DEVICE OR MOBILE TELEPHONE, AS A RESULT OF THE INSTALLATION, USE, MISUSE, INTERRUPTION IN OR NONUSE OF THE APP.

 

PRIVACY POLICY

33. Privacy.  This Section 33 through Section 46 of these terms state our Privacy Policy. We try to comply with our policies but due to human error, oversight, technological error, intentional misconduct, or other reasons, we may not always be able to comply with our policies.  We state this policy to inform you about what we try to do, but we do not intend our Privacy Policy to be, and you agree that our Privacy Policy is not, a legally binding obligation on us. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER LOSSES WHATSOEVER, ARISING OUT OF OUR INTENTIONAL OR ACCIDENTAL VIOLATION OF OUR PRIVACY POLICY, RELEASE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR USE OR MISUSE BY US OR ANY PERSON OR ENTITY OF YOUR INFORMATION WHETHER ACCORDING TO OR NOT ACCORDING TO OUR PRIVACY POLICY.

34. Data Use and Protection.  Any personal information you supply in using the App, visiting our Website or otherwise may be used by us, or disclosed, according to this Privacy Policy, and as indicated in Section 33, could potentially be misused in violation of this Privacy Policy, for which we shall not be responsible or liable.

35. Collection of Personally Identifiable Information. We, and our partner venues and affiliates, may collect personally identifiable information and other information such as your name, mailing address, billing address, email address, phone number, birth date, sex, a self-description you provide, billing and credit card information and data on items, amounts and timing of purchases. We, and our partner venues and affiliates, may collect information on your use of GoMingle® as it relates to social interaction. When you visit our Website we may collect information about, or stored on, your computer hardware and software. This can include your IP address, browser type, operating system, domain names, access times and referring website addresses and other information. We may keep track of applications or pages you visit on the GoMingle® website.

36. Disclosure of Other Information. If you disclose personally identifiable information or personally sensitive data to or through a GoMingle® public message board, this information may be collected and used by us or others. We may collect additional personal or non-personal information.

37. Use of Personally Identifiable Information. We, and our partner venues and affiliates, use your personally identifiable information to: operate the App and the Website; deliver services you requested; complete your purchase transactions; inform you of other products or services available from GoMingle®, our affiliates and/or third parties; contact you via surveys to research your opinion of current or potential future services or other opinion questions; assess popularity and usefulness of the App and of the Website, and our services and evaluate how these can be more useful; customize content and advertising within GoMingle® to customers whose behavior and/or characteristics indicate they may be interested in a particular subject area; maintain quality of the service, and develop statistics regarding use of GoMingle®. We may share data with our service providers to help perform statistical analysis for us, help us send you email or postal mail, provide customer support, or help us service, maintain or upgrade equipment software and/or services. We may provide aggregated data or statistics to potential customers for our services.

38. Limits of Usage. We do not sell, rent or lease customer lists or your personally identifiable information to others. We prohibit third parties with whom we share data, from using your personally identifiable information other than to provide their services to us, and we require them to maintain confidentiality of your information.

39. Some Circumstances in Which We May Provide Information to Others.  We will disclose your personal information, without notice to you, if we have a good faith belief that such action is necessary or appropriate to comply with law or legal process or to comply with an order or direction or to cooperate in a request from government or law enforcement; or to another person or entity whom we enter into discussions with concerning acquiring, merging with or similar transaction relating to our business; or to protect or defend our rights or property; or in circumstances where we believe that disclosure may advance the safety of others or of the public.

40. Accessing and Updating Your Information.  Through your account settings, you may access, and, in some cases, update the following information you provided to us: your user name and password; email address; user profile information, including your sex, birth date, address, drink preference, and characteristics about yourself, interests; images or videos you provided; credit card information. The information you can view and update may change as the functionality of the App changes. If you have any questions about viewing or updating information we have on file about you, please contact us at (Support@GoMingle.com).

41. We May Use “Cookies,” ”Tagging” and Other Web Technologies.  At our Website (GoMingle.com) we may use “cookie” or other technology and IP addresses and through the App we may use tagging and other technologies to obtain information from you and others, in our effort seeking to provide and further improve quality, personalized experiences. To do this, through the Website we track information such as type of browser (e.g., Internet Explorer, Safari, Google Chrome, Mozilla Firefox, etc.) and operating system (e.g., Windows, Mac, Apple, Android, Linux, etc.) used, and domain name of a visitor’s Internet service provider; and through the App we track customer interaction and possibly other activity. We may track number of visitors to our Website in an aggregate form seeking to help us update and improve our Website and keep our Website fresh and interesting to visitors and help us deliver content tailored to visitor interests. A visitor may be able to disable cookies or set a browser to provide the visitor an alert when cookies are sent. This may reduce our ability to optimize visits.  You waive any objection to our use of cookies, tagging and/or other technologies.

42. Security. Our efforts to protect your personal information, such as a credit card number transmitted by us to others, include arrangements with a recognized third-party provider.  However, we do not undertake any obligation to maintain such arrangements with any particular service provider and do not accept responsibility for any release of your data whether due to defects or errors in their system or technology or in any interface with our system, or due to our act or omission. You are responsible to monitor use of, charges to and all other aspects of your credit card account(s).

43. GoMingle® is Adults Only.  GoMingle® does not knowingly collect personally identifiable information from persons under age 21. If you are under age 21you are not permitted to use GoMingle®.

44. Third Party Websites. We encourage you to review the terms of use and privacy policies of websites you choose to link to or visit from GoMingle® to inform yourself of their terms and how they collect, use and share your information. GoMingle® is not responsible for the terms, privacy policies, policy compliance or any other content on websites other than GoMingle.com.

45. Connecting to Third Party Accounts. In signing up to use GoMingle® it may be possible for you to import personal data from other accounts, such as social network account like Facebook®.  That data is not transmitted to GoMingle® until you “accept” the terms.

46.  Transmission of Information. If at any time GoMingle® has functionality that permits a transmission or flow of data between your GoMingle® account to a third party account, then by activating that functionality you acknowledge and agree you are consenting to the release and transmission of information to the other account and sites. If you do not want information about you, including personally identifying information, to be shared in this manner, you must not activate or use this feature or functionality.

 

Additional Terms

47.  Interpretation. These terms are governed by and construed according to Nevada law, without giving effect to conflict of law principles. Headings and section numbers in these terms are just for convenience to make these terms easier to use. They shall not be used to interpret these terms. These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.

48. Terms are Not for Benefit of Others.  These terms are between you and us. Nothing in these terms is for the benefit of any other person or entity.  The terms we enter into with other persons or entities (even if the same as these terms) are not for your benefit.  We do not promise you that we will or can enforce our restrictions or prohibitions or any terms, against any other person or entity.  YOU ASSUME THE RISK THAT OTHER PERSONS WILL VIOLATE OUR TERMS WHICH MAY OFFEND, DAMAGE AND/OR INJURE YOU.

49. Website and Database Locations. We make no representation that any material on our Website or on the App or the use or transmission or viewing of these is appropriate or lawful in any particular location or jurisdiction.  By using the App or accessing our Website, you are initiating contact to us, and doing so is your decision. You are responsible to comply with local laws.  You are responsible to refrain from using the Website and/or App if not permitted where you are located or under any laws or rules that you are subject to.

50. Solving Disputes. Any unresolved dispute or controversy arising under or in connection with the services provided by us (whether provided or allegedly not provided) shall be settled exclusively by arbitration, conducted before the American Arbitration Association in Clark County, Nevada, according to the rules of that body then in effect. The arbitrator shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages. A decision by the arbitrator shall be final and binding. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Each party shall be responsible for the fees and expenses of their legal representation and the costs of arbitration shall be shared equally.

51.  Governing Law and Jurisdiction. By using our App or accessing our website, you are electing to visit us at our host location in Clark County, Nevada. You accept jurisdiction in Clark County, Nevada over any dispute that may arise from your using our App, accessing, and/or visiting or using our Website.  Subject to the arbitration requirement above, legal proceedings against us may be brought only in a federal or state court within the State of Nevada, and any claim involved in such proceedings shall be decided in accordance with the laws of the State of Nevada, irrespective of conflicts in law. Any legal proceeding against us must be brought no later than one year following date the claim arises.

52.  Complete Agreement.  These terms are the entire agreement of the parties regarding use of the App and/or our Website and all matters referred to herein. No waiver by us of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

53.  Severability. If any provision(s) in these terms is determined by an arbitrator or court having jurisdiction to be invalid or unenforceable, it will not impact any other provision of these terms, all of which will remain in full force and effect.

54.  If You Believe Content Infringes Your Rights. The Digital Millennium Copyright Act (“DMCA”) provides recourse for a copyright owner who believes material on our Website infringes his/her/its copyright rights. If you believe in good faith that material on our Website infringes your copyright, you may send us a notice requesting that the material be removed, or blocked from access.  Notices and counter-notices must meet DMCA requirements (available at www.copyright.gov).  Notices and counter-notices under the DMCA may be emailed to us at (Support@GoMingle.com) Subject: DMCA, or or post mail us at: Social Order, LLC, 11700 W. Charleston Blvd, #170-245, Las Vegas, Nevada 89135, attention: DMCA.

55. Opt-Out & Unsubscribe.  You can opt-out of receiving announcements or communications from us and our partner venues and affiliates. A user may opt-out of receiving any or all communications from us by contacting us at: (Support@GoMingle.com) Subject: Opt Out or post mail us at: Social Order, LLC, 11700 W. Charleston Blvd, #170-245, Las Vegas, Nevada 89135, attention: Opt Out.

56. Disclosure to Affiliated Parties. GoMingle® may share your personal information with companies that are affiliated with us such as our partner venues and affiliates for that purpose of both marketing and administrative purposes. A user may opt-out of receiving any or all communications by contacting us at: (Support@GoMingle.com) Subject: Opt Out or post mail us at: Social Order, LLC, 11700 W. Charleston Blvd, #170-245, Las Vegas, Nevada 89135, attention: Opt Out.

57. Disclosure to Other Non-Affiliated Third Parties. GoMingle® may also share your personal information with advertisers and other companies who are not affiliated with GoMingle®, but who would like to send you information about their products and services. However, you will always have the opportunity to decline the option to receive information from unaffiliated third parties (and thereby not permit this sharing of your personal information) when personal information is collected.

58. Corporate Transactions. Going forward, we may acquire or sell assets, and companies may acquire financial interest in us. In connection with those transactions, personal information may be among the transferred business assets, and we may disclose your personal information to any company in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit. Any such disclosure will be conditioned on that company agreeing to use the data prior to any acquisition solely for the purpose of making its acquisition decision and to observe the relevant provisions of our Privacy Policy with respect to the data. In the event that personal information is transferred to a company acquiring assets from us, we will require that company to agree to observe the relevant provisions of our Privacy Policy with respect to your personal information (including any choices that you have made under our Privacy Policy to limit the use of your data).

59. Data Collection from Others. We may also obtain personal information about you from our business partners. We may merge or use that personal information with information we collected previously, as permitted by applicable law and our Privacy Policy. That personal information once in GoMingle® possession is governed by this Privacy Policy.

60. Aggregation and Use of Personal Information. All of the personal information that you provide to GoMingle® and our business partners may be aggregated and analyzed to enable us/them to develop targeted marketing programs and service offerings. We may also use your personal information to contact you regarding GoMingle® programs or services or third party programs and services that we believe might be of interest to you. If you do not want us to contact you for this purpose, you may decline to receive such offers by contacting us at: (Support@GoMingle.com) Subject: Opt Out or post mail us at: Social Order, LLC, 11700 W. Charleston Blvd, #170-245, Las Vegas, Nevada 89135, attention: Opt Out.

61. Changes to Terms and Policies.  We may revise these terms and privacy policies any time. We encourage you to review these terms and policies frequently, to keep yourself up-to-date on these terms and policies.

62. Questions and Comments. We welcome questions and comments. You may contact us at (Support@GoMingle.com). We will make a reasonable effort to address your concern and try to remedy a problem you bring to our attention.  We do not assure that we will be able to do so.

63. Request for Information.  Under California Civil Code Section 1798.83 California residents are entitled to ask us for a notice identifying categories of personal information that we share with affiliates and/or third parties for marketing purposes, and providing contact information for affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us at (Support@GoMingle.com) Subject: Privacy Dept, or post mail us at: Social Order, LLC, 11700 W. Charleston Blvd, #170-245, Las Vegas, Nevada 89135, attention: Privacy Dept.

© 2013 Social Order, LLC

Patent Pending

 

GoMingle® is a registered trademark of Social Order, LLC. Apple® is a registered trademark of Apple, Inc.  Android is a trademark of Google, Inc.  Apple, Inc. and Google, Inc. have not authorized or endorsed the GoMingle® App or use of their trademarks.  No connection with Apple, Inc. or Google, Inc. is implied.

 

Last updated: August 1, 2013