1. The Dutch Mingle Web Site
1.2 You should read carefully and understand this Agreement before registering with or using the Web Site. If you do not agree to this Agreement you must not use the Web Site.
1.3 You may only use this Web Site if you are over 18 years old and can form a legally binding contract under the laws of England and Wales.
1.4 This Web Site and any contract related to it is governed by the laws of United States.
1.5 You must not use the Web Site if you live outside the United States.
1.6 Dutch Mingle makes no representation, warranty, condition or other term, that the Web Site or any link, service or advertisement referred to in the Web Site are available for use outside United States.
1.7 You agree to abide by all applicable local, state, national and international laws and regulations in the use of the Web Site.
1.8 For purposes of this Agreement, the term “members” refers only to persons who have become a full, trial or profile member of Dutch Mingle, or who have registered their details or completed or part completed a profile, or who have logged on as a member of Dutch Mingle. A person continues to be a member for as long as their details are held on the Web Site database.
1.9 In the event of any inconsistency between this Agreement and any binding mandatory statutory consumer rights then the terms of those rights shall apply but only to the extent of that inconsistency.
1.10 This website contains a range of instructions, rules and explanations which can be found in different parts of the site and in standard emails sent to members. All members of Dutch Mingle are expected to abide by them. Failure to do so, may result in suspension or termination of membership. Some of these can be found on the following links:
1.11 Dutch Mingle reserve the right to change, amend and update these Terms and Conditions and other rules, guidelines and policies.
2. Charges For Use Of The Web Site
2.1 There is free access to parts of the site, but access to certain features is subject to subscription charges, see clause 2.2 below.
2.2 Details of current charges for the website are listed on the subscribe page.
2.3 Should you wish to use the pages listed in clause 2.2 you agree to complete the subscription form on these pages and make payment by credit or debit card.
2.4 Membership fees are non-refundable.
2.5 Active accounts are categorized as either Trial, Profile or Full members. Full members pay subscription fees, which gives full access to the site. We may limit services to non-paying members, which are subject to change at any time.
2.6 Subscription fees are automatically rebilled each period. By taking out a subscription you agree to be rebilled each period until you cancel your subscription.
3. Accurate User Information
3.1 You agree to provide true, accurate, current and complete information about yourself when you complete the registration and/or subscription form.
3.2 You agree to maintain and update this information to keep it true, accurate, current and complete.
3.3 If any information which you provide, including photographs, is untrue, inaccurate, obsolete, incomplete or misleading; or if your profile or communications are unintelligible, or of a poor standard of English; Dutch Mingle has the right to close your account and refuse any and all current or future use of the Web Site.
4. Privacy Of Information Provided
4.1 Dutch Mingle will keep confidential all information given by or about you which is not considered public information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Web Site.
4.2 Dutch Mingle will not disclose such information to any third parties without your consent, except that you agree Dutch Mingle may do so if such information is already in the public domain, is required to be disclosed by law, by a governmental agency or to protect the interests of Dutch Mingle or its members or where there have been substantial and serious breaches of the terms and conditions.
4.3 Clauses 4.1 and 4.2 do not apply where you have given your consent for such information to be used by Dutch Mingle for particular purposes. In such circumstances the information will only be used for those purposes for which your consent is given.
4.4 You understand and agree that Dutch Mingle and its agents and contractors may access the content of your account in order to identify and resolve technical problems or service complaints.
4.5 E-mails sent internally through the Dutch Mingle website may be routinely monitored to ensure the service is being used in accordance with the Terms and Conditions.
4.6 Dutch Mingle works with agents, contractors and suppliers both in the USA and other countries to maintain and develop the site. We will oblige such third parties not to pass your personal data to any other party nor to use the data for any purpose except that specifically stated by Dutch Mingle.
5. Changes To The Web Site And The Agreement
5.1 Dutch Mingle may need to modify, discontinue or suspend temporarily or permanently, the Web Site without notice but shall where reasonably practicable, give reasonable notice of its intention to do so.
5.2 Your continued use of the Web Site after having received notice of changes to the Web Site will constitute your acceptance of any such changes.
5.4 If you do not accept the amendments you have the right to terminate any agreement you may have with Dutch Mingle and you should stop using the Web Site.
5.5 You may not alter this Agreement without the express written agreement of Dutch Mingle.
6. User Undertakings
6.1 You agree:
- (a) not to use the Web Site for unlawful purposes;
- (b) not to interfere with, disrupt the Web Site or servers or networks connected to the Web Site;
- (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Web Site;
- (d) not to publish, promote, link to, refer to, or send to any other member, any harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, sexual, sexually suggestive, offensive, anatomical, racist, homophobic, overtly political, religiously intolerant or otherwise objectionable material, on, via, or in the course of using the Web Site;
- (e) not to publish on or off the Web site, either in a Profile, or the Discussion Boards, Help Desk, or send an e-mail, or letter, any abusive, offensive, libellous, threatening or otherwise objectionable messages to staff of Dutch Mingle, or make libellous or offensive allegations about the site or its staff or other members, to other members or third parties;
- (f) not to use the Web Site in a manner or for a purpose that violates the rights of another, including but not limited to the intellectual property rights of another;
- (g) not to gain or attempt to gain unauthorised access to other computer systems or networks connected to the Web Site;
- (h) not to use the Web Site in a manner that may transmit any matter containing a virus, corrupted file, "Trojan Horse" or other hostile program or software;
- (i) not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of marketing or other materials or communications including (without limitation) those connected to pyramid selling schemes; not to use the internal mailing system,the discussion boards or the profile forms or any other part of the site to promote events, charities, businesses, or services or to make financial requests.
- (j) not to interfere with the use and enjoyment of the Web Site by other users; anybody who uses the internal mailing system in a way that is or could be construed as abusive or annoying to other members, or sends out mails with the same or similar content to more than one person in quick succession, or whose behaviour on or off the site, or messages to members more than 15 years outside their age range has resulted in or might reasonably result in a complaint or a mail block by another member may be removed from the site at the absolute discretion of Dutch Mingle.
- (k) not to resell, rent or hire any content of the Web Site or use of or access to the Web Site;
- (l) not to impersonate any other person, including but not limited to any other member of Dutch Mingle or employee of Dutch Mingle, while using the Web Site.
- (m) not to attack or undermine the traditions or beliefs of any member via the Web Site, whether directly or indirectly.
- (n) not to accuse other members of not being "Christian" unless they have declared that themselves.
- (o) not to take out additional or duplicate memberships, whether Profile, Full or Trial. Trial members whose memberships have expired are not permitted to rejoin as Trial members.
- (q) not to divulge any personal or confidential information about other members of the site, past or present.
- (r) not to contact other members via any means on or off the site, when their consent has been withdrawn.
- (s) that your profile and all written communication must be solely in English.
- (t) to never send or request money from someone you have met on Dutch Mingle.
- (u) not to bombard or spam the website or helpdesk with a large number of emails or reports.
6.2 You agree not to include in your public profile or in the discussion boards any telephone numbers, street addresses, last names, urls, e-mail addresses, social media profiles, or any information that would enable people to contact you outside the site, offensive anatomical or sexual references or offensive sexually suggestive language.
Similarly, If you are a Trial or Profile member, you agree not to include any of the above contact information in any email to another member.
If you are a Full member, you must not include the above details in the first email you write to another member. You may only include such information, if you have received a response from your first email from another member agreeing to further contact.
You also agree not to ask other people to send you personal contact information either in your profile or emails.
You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Web Site that are accessible to the public or Dutch Mingle's general membership. Dutch Mingle reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Terms and Conditions.
6.3 You agree not to copy or reproduce in any form in whole or in part anything published on the Web Site.
6.4 Dutch Mingle reserves the absolute discretion to moderate, amend, delete, or otherwise modify members' profile information, emails, board posts, and/or any other information or communication on the Web Site in accordance with the Terms and Conditions.
7.1 Either party may terminate this Agreement at any time for any reason at all.
7.2 Without prejudice to any remedy that Dutch Mingle may have against you, Dutch Mingle may close or suspend your account (without liability to you) with immediate effect and without notice your access to, and use of the Web Site and delete files in your account if Dutch Mingle:
- (a) reasonably believes that you have breached any of the terms of this Agreement;
- (b) is unable to determine the accuracy or validity of any information provided by you;
- (c) suspects fraudulent, abusive or illegal activity;
- (d) determines that the quality and presentation of the material uploaded by you is of unacceptably low quality, including but not limited to incomplete profiles or poor grammar and spelling;
- (e) has reason to believe that you may have committed serious crimes which involve fraud, violence or of a sexual nature, or anything punishable by imprisonment of three months or more;
- (f) for any other reason including but not limited to business or technical reasons.
7.3 If you breach any of these terms and conditions Dutch Mingle may refuse you entry to the Web Site and close any account you have with Dutch Mingle and reserves the right to keep any subscription fee you have paid.
7.4 You may not rejoin if your membership has been previously terminated by Dutch Mingle unless matters have been satisfactorily resolved with the management of Dutch Mingle. Dutch Mingle may also suspend or terminate your membership if it has been terminated or suspended by any other site owned or operated by Dutch Mingle LLC. Dutch Mingle also reserves the right to close a member's account who has breached terms and conditions of any other dating website.
7.5 Should you object to any of the terms of this Agreement, or any subsequent changes to this Agreement or the Web Site, or become dissatisfied with the Web Site in any way, you may terminate this Agreement and notify Dutch Mingle of termination by e-mailing us via our contact page.
8. Dealings With Third Parties
8.1 Dutch Mingle is not an agent of any third party named or linked to the Web Site or any registered or non-registered user of the Web Site ("Third Party") and does not have authority to act for any Third Parties. You agree that Dutch Mingle (to the maximum extent permitted by applicable law) shall have no liability to you in relation to any dispute which you may have with a Third Party.
8.2 Dutch Mingle does not control any information provided by Third Parties which is made available on the Web Site.
8.3 Your correspondence, transactions or other dealings with Third Parties available on or linked through the Web Site, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Parties.
8.4 Anything you publish on the Web Site, including but not limited to e-mails sent via the Web Site and photographs of you is done so at your own risk.
8.5 Dutch Mingle does not monitor what Third Parties publish on the Web Site.
8.6 Dutch Mingle does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources.
8.7 You agree not to hold Dutch Mingle liable for any loss or damage of any sort incurred as a result of: the presence, availability or non-availability of the Third Parties on or through the Web Site; any dealings with such parties, including but not limited to attendance at events advertised; or purchase or use of goods or services offered on or through the Web Site.
Dutch Mingle shall not be responsible for storing any information or materials on your behalf. You are advised to maintain any backup copies of all information that you wish to preserve.
10. Proprietary Rights
10.1 You acknowledge and agree that content and information, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by Dutch Mingle, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
10.2 You acknowledge and agree that you are permitted to use this material and information for your personal, non-commercial use or as expressly authorised by Dutch Mingle, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorisation from its author.
10.3 You acknowledge and agree that any material you post on any area on the Web Site that is accessible to the public will be treated as non-confidential and non-proprietary and Dutch Mingle may use such material in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions.
10.4 Dutch Mingle owns all copyright and other intellectual property rights of whatever nature in the Web Site.
10.5 You confirm that you are the author and copyright owner of any photographs you provide to Dutch Mingle or you have permission from the copyright owner. You confirm that the author is happy to assign all copyright and other intellectual property rights of the photograph. You agree to indemnify Dutch Mingle for any claim brought against Dutch Mingle for intellectual property right infringement and/or passing off.
11.1 Dutch Mingle cannot guarantee the functionality of the Web Site or that the Web Site will be uninterrupted, timely, secure, or error free and provides the Web Site on an 'as is' basis.
11.2 Dutch Mingle makes no warranty as to the results that may be obtained from the use of the Web Site, and as to the accuracy or reliability of any information obtained through the Web Site.
12. Limitation Of Liability
12.1 Dutch Mingle accepts unlimited liability in respect of death or personal injury caused by its negligence and such other liability which cannot be excluded by law.
12.2 Subject to clause 12.1 you agree that Dutch Mingle shall not be liable for loss of profit, revenue or business or contracts or indirect or consequential loss however arising.
12.3 Subject to clause 12.1 and 12.2 above, the total aggregate liability arising out of any claim in contract, negligence, tort (or other legal liability) pursuant to these terms and conditions shall not in any circumstances exceed $500.
12.4 The exclusions and limitations contained in clauses 11 and 12 shall each be construed separately. If any provision is found by a court to be unenforceable or void then the remaining provisions shall remain in full force and effect.
12.5 Dutch Mingle has no control over third party content and information which can be accessed using the Website. Dutch Mingle is excluded from all liability of any kind arising from such content or information. Except for death or personal injury arising from our negligence, Dutch Mingle shall not be liable whatsoever for any loss or damage arising from use of the Website.
12.6 Dutch Mingle reserves the right to remove any information/material deemed to be in breach of any of these terms without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement information.
13.1 You agree to indemnify and hold Dutch Mingle and its parents, subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Dutch Mingle or its parents, subsidiaries, affiliates, officers and employees arising from a breach of this Agreement, the content you transmit to or through the Web Site, as well as your conduct on or arising from your use thereof.
13.2 In the event that Dutch Mingle is entitled to be indemnified by you pursuant to clause 13.1 and/or you are in breach of this Agreement you agree that Dutch Mingle may contact you through the information provided to Dutch Mingle by you.
Any notice to Dutch Mingle can be made via the contact page.
15.1 This Agreement and the relationship between you and Dutch Mingle shall be governed by the laws of the United States. You agree to submit to the exclusive jurisdiction of the courts of United States.
15.2 If Dutch Mingle fails to exercise or enforce a right under this Agreement, that failure shall not constitute a waiver of such right or provision.
15.3 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this Agreement shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the relevant provision.
15.4 Neither party shall be liable for any breach of this Agreement due to any cause beyond its reasonable control.
15.5 You must report any violations of this Agreement by any Third Party to Dutch Mingle via contact page.