- This Agreement is an electronic contract that establishes the legally binding terms you must accept in order to use our service. This agreement is agreed by you if you use our service at any level whether it be our freemium or purchase any upgrades or additional features or services offered by the Service.
- You must be at least 18 years of age to be eligible to create an account on Mermaids and use this Service. By creating an account and using the Service, you warrant a binding contract with Mermaids & agreeing to do so within the local, state, federal, international laws, rules and regulations. Convicted Felons & Registered sex offenders are barred from using our Service. You must not appear on U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
- This Agreement will remain in full effect while you have a Mermaids account being used/unused. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the App/Service. Mermaids may terminate your account at any time without notice if it is believed that you have breached this Agreement in its sole discretion. Upon such termination, you will not be entitled to any refund of unused fees or in app purchases.
Interactions with other users
- You are solely responsible for your interactions with other users. Currently, Mermaids does not conduct criminal background checks or verify content on its users. However, Mermaids reserves the right to conduct any criminal background check, public records, or other screenings at any time. Report any user you feel is in breach of our agreement.
- Mermaids is not responsible for the conduct of any user or any content that you post. In no event shall Mermaids or its affiliates/partners be directly or indirectly liable for any losses or damages arising out of the conduct of you or anyone else in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from the communications or meetings with other users you meet through the Service.
- You understand and agree that Mermaids may monitor/review any content you post as part of the Service. Mermaids may delete any content that, in the sole judgment of Mermaids, violates this Agreement or may harm the reputation of the Service. All your data will be collected and stored in our servers. All data (text, images, videos) can be reviewed at anytime by Mermaids.
- The following content & activities are prohibited from uploading and posting:
- Spam or Solicitation of any kind to other users
- Impersonate any person or entity.
- Giving false information, requesting money from user, having intent to defraud, or any other illegal activities
- Promoting or Acting on any type of defamatory, harassment, racism, physical harm, or hatred of any kind of illegal activities that includes drugs or weapons.
- Unauthorized content of another person without their consent (or legal guardian) such as images images, video, audio or anything else relevant such as malware/viruses.
- Unauthorized copyrighted content such as images, video, audio, or anything illegal whether it’s uploaded or linked to including hidden and password protected pages.
- Any material that exploits anyone under age of 18 in a sexual or any other illegal manner. This site is for Adults only.
- Access the Service in prohibited areas
- 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.
- Tamper with the Service or the servers/networks connected to the Service.
- Tamper with the Service in any way such as “framing”, “Screen Scrape”, or “Manipulating” design in order to disguise the origin of any information transmitted to or through the Service.
- Using meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
Mermaids reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including the removal of any offending communication from the Service and the termination or suspension of the account of the offender.
Mermaids reserves the right, at any time, to make changes to modify or discontinue the Service, or any part thereof, with or without notice. You agree that Mermaids shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MERMAIDS, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF MERMAIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS EXCEED AMOUNT ACTUALLY PAID FOR OUR SERVICE.
This arbitration agreement facilitates any disputes that may arise between you and Mermaids. This includes all governing law whether you an individual, corporation or class action. This arbitration is a contract that you agree to for having a neutral third person (called an arbitrator) for a binding decision or disputes instead of having such dispute(s) decided in a lawsuit whether it be in court or a by a judge/jury.
By using our APP/SERVICES, you agree to the above arbitration agreement. By agreeing, you give up your right to go to court, or participate in a class action lawsuit to assert or defend any claims between you and Mermaids (the company). However, you are entitled to a fair hearing before the arbitrator in which the arbitrator can grant any reliefs like a court would. These decisions are enforceable in court, but can be overturned by a court for certain limited reasons. Arbitration is a simpler process than traditional lawsuits and other judicial proceedings.
Any proceeding to enforce this arbitration agreement, unenforceable claims, or litigation against Mermaids (the company), can only be done so in Los Angeles, CA. If Mermaids decides to purse arbitration, it will be done so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. This agreement shall by governed by the laws of California and by the Federal Arbitration Act.
The following are some of the areas (not limited), to this arbitration clause.
- Errors & Omissions: Alleged or Actual negligence, personal injury, copyright infringement, claims and damages.
- General Liability/Personal Injury: Arising directly or indirectly from the ownership, possession, or use by you or on your behalf using our SERVICES.
- Breach/Hacking of private information stored on our servers.
- Virus/Loss of Information
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without first obtaining written consent of the owner of these proprietary rights.
Repeat infringer accounts will be terminated.