Effective on 2021-01-01
We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.
By accessing or using MahatonPlace services, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates.
Welcome to Mahaton Place, worked by Malik Media Enterprise, LLC, in the case of users originating from within the United States and Canada, and Mahaton Place.com, in the case of users originating from outside of the United States and Canada. As used in this Agreement, the terms “Mahaton Place,” “us,” “I,” “we,” the “Company,” and “our” shall refer to Malik Media Enterprise, LLC and/or Malik Global Media Enterprise LLC or [email protected], as proper.
We reserve the right to change, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may let you know of a change to the Terms via email or other means, as proper under the circumstances; however, you handle regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services forms your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services at once.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on MahatonPlace.com, make sure you are eligible to use our Services. This Section also details what you can and cannot do when using the Services, as well as the rights you grant Mahaton Place.
By using our Services, you stand for and warrant that:
- You are at least 13 years old;
- You are legally qualified to enter a binding contract with Mahaton Place;
- You are single or separated from your spouse or unhappily married going through a divorce;
- You are not found in a country that is subject to a U.S. Government embargo, or that has been appointed by the U.S. Government as a “terrorist supporting” country.
- You are not on any list of individuals prohibited from conducting business with the United States;
- You are not prohibited by law from using our services;
- You have not been convicted of or pled no contest to a felony or unlawful offense (or crime of similar severity), a sex crime, or any crime involving violence.
- You do not have to register as a sex offender with any state, federal or local sex offender
- You do not have one account on our Services that are fake or fraudulent; and
- You have not previously been removed from our Services by us unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, you must at once drop your account.
You agree to:
- Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- Use the latest version of the Website and/or App;
- Treat other users in a courteous and respectful manner, both on and off our Services;
- Be respectful when communicating with any of our customer care representatives or other employees;
- Review the Safety Tips;
- Maintain a strong password and take reasonable measures to protect the security of your login information.
You agree that you will not:
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a
person or entity;
- Use the Services in a way that damages the Services or prevents their use by other users;
- Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
- Use our Services for any harmful, illegal, or nefarious purpose;
- Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
- Post or share Prohibited Content (see below);
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
- Use another user’s account;
- Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
- Violate the terms of the license granted to you by Mahaton Place (see Section 6 below).
- Disclose private or proprietary information that you do not have the right to disclose;
- Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Mahaton Place’s prior written consent;
- Express or imply that any statements you make are endorsed by Mahaton Place;
- Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
- “Frame” or “mirror” any part of our Services without Mahaton Place’s prior written authorization;
- Use meta tags or code or other devices containing any reference to Mahaton Place or the platform (or any trademark, trade name, service mark, logo or slogan of Mahaton Place) to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
- Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
- Use, access, or publish the Mahaton Place application programming interface without our written consent;
- Probe, scan or test the vulnerability of our Services or any system or network; or
- Encourage, promote, or agree to engage in any activity that violates these Terms.
Prohibited Content— Mahaton Place prohibits uploading or sharing content that:
- Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
- Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
- Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- Is defamatory, libelous, or untrue;
- Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
- Involves the transmission of “junk” mail or “spam”;
- Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Mahaton Place or otherwise;
- Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- Was not written by you or was automatically generated, unless expressly authorized by Mahaton Place;
- Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
- Is inconsistent with the intended use of the Services; or
- May harm the reputation of Mahaton Place or its affiliates
- The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Mahaton Place provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
3a. YOUR CONTENT
You handle Your Content. Do not share anything that you would not want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You stand for and call for to us that the information you provide to us, or any other user is exact, including any information given through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or post-codes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in showing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, despite these Terms, other users may share Your Content with third parties. By uploading Your Content, you stand for and call for to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may watch or review Your Content, and we have the right to remove, drop, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to stop your account if you misuse Member Content.
3c. OUR CONTENT
Mahaton Place owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property law rights. All rights, title, and interest in and to Our Content is always still with us.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
Mahaton Place does not tolerate inappropriate content or behavior on our Services.
We are committed to supporting a positive and respectful Mahaton Place community, and we do not tolerate any inappropriate content or misconduct, whether on or from the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report a Concern” link on a user’s profile or at the bottom of every email. You may also email Mahaton Place Customer Service by clicking on that link.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To give a complaint of Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
Privacy is important to us. We have a separate policy about it that you should read.
6. RIGHTS YOU ARE GRANTED BY MAHATON PLACE
Mahaton Place grants you the right to use and enjoy our Services, subject to these Terms
For as long as you follow these Terms, Mahaton Place grants you a personal, worldwide, royalty-free, nonassignable, non-exclusive, revocable, and non-sub licensable license to access and use our Services for purposes as intended by Mahaton Place and allowed by these Terms and applicable laws.
7. RIGHTS YOU GRANT MAHATON PLACE
You own all the content you provide to Mahaton Place, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Mahaton Place a worldwide, perpetual, convenient, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, change, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Mahaton Place’s license to Your Content shall be non-exclusive, except that Mahaton Place’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Mahaton Place would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Mahaton Place can prevent the use of Your Content outside of our Services, you authorize Mahaton Place to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices following 17 U.S.C. § 512(c)(3) (I.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Mahaton Place is not compelled to take any action about use of Your Content by other users or third parties. Mahaton Place’s license to Your Content is subject to your rights under applicable law (for example, laws of personal data protection to the extent the content holds personal information as defined by those laws).
In consideration for Mahaton Place allowing you to use our Services, you agree that we, our affiliates, and our thirdparty partners may place advertising on our Services. By giving suggestions or feedback to Mahaton Place about our Services, you agree that Mahaton Place may use and share such feedback for any purpose without compensating you.
You agree that Mahaton Place may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to buy products and services from Mahaton Place. If you buy a subscription or eNewsLetter, it will automatically renew—and you will be charged—until you cancel. If you buy one of our eBooks, eAudiobooks, personal goods such as: pens, pencils, cups, or clothing; there will be only a single charge.
Mahaton Place may offer products and services for purchase through iTunes, Google Play, Wix or other external services authorized by Mahaton Place (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). Mahaton Place may also offer products and services for purchase via credit card or other payment processors on the website or inside the App (“Internal Purchases”). If you buy a subscription, it will automatically renew until you cancel, following the terms showed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be used without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully stop your membership, you must end your membership as in Section 9.
8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the way to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase following the terms showed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your first subscription commitment period, and again after any next subscription period, the subscription will automatically continue for the price and period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or stop your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise dropped your account with us or if you have removed the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Mahaton Place. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Mahaton Place subscription and follow the instructions to cancel. You can also request help at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Mahaton Place subscription and follow the instructions to cancel. You can also request aid at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you start a chargeback or otherwise reverse a payment made with your External Service Account, Mahaton Place may stop your account at once in its sole discretion, on the basis that you have figured out that you do not want a Mahaton Place subscription. If your chargeback or other payment reversal is overturned, please contact Customer Care. Mahaton Place will keep all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.
8b. INTERNAL PURCHASES AND SUBSCRIPTIONS
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you have selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Mahaton Place to charge the payment method you provide (your “Payment Method”). Mahaton Place may correct any billing errors or mistakes even if we have already requested or received payment. If you start a chargeback or otherwise reverse a payment made with your Payment Method, Mahaton Place may end your account at once in its sole discretion, on the basis that you have figured out that you do not want a Mahaton Place subscription. If your chargeback or other payment reversal is overturned, please contact Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your first subscription commitment period, and again after any later subscription period, your subscription will automatically continue for the price and period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website and go to the Settings tool. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to end, insufficient funds, or otherwise, you are still responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement end dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be figured out by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8d below for more information.
8c. VIRTUAL ITEMS
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity buy a limited, personal, non-transferable, non-sub licensable, revocable license to use or access special limited-use features such as “Ask The Expert” (“Virtual Item(s)”) from Mahaton Place. You may only buy Virtual Items from us or our authorized partners through our Services. Virtual Items stand for a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will stop following the terms of this Agreement, on the earlier of when Mahaton Place ceases supplying our Services, or your account is otherwise closed or stopped.
Mahaton Place, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Mahaton Place may manage, regulate, control, change, or drop Virtual Items at any time, including taking actions that may change the perceived value or purchase price, if applicable, of any Virtual Items. Mahaton Place shall have no liability to you or any third party if Mahaton Place exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT MAHATON PLACE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Generally, all purchases are nonrefundable. Specific terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your authority provide for refunds.
For subscribers existing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that part of any payment you had made for your subscription which is allocable to the period after your death. If you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that part of any payment you had made for your subscription which is allocable to the period after your disability by supplying the company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Mahaton Place. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact Mahaton Place Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which tells that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Mahaton Place, Attn: Cancellations, P.O. Box 72820, Las Vegas, Nevada 89170, USA (California and Ohio users may also email us at [email protected] or send a text message to (725) 227-4310)
9. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we stop your account for any reason, here is what you need to know.
You can drop your account at any time by logging into the Website, going to “Settings” (the gear/pencil icon in the top right corner), and following the instructions to cancel your membership. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid added billing.
Mahaton Place reserves the right to investigate and, if proper, suspend or stop your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that Mahaton Place regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
Mahaton Place does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.
YOU UNDERSTAND THAT MAHATON PLACE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. MAHATON PLACE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. MAHATON PLACE RESERVES THE RIGHT TO CONDUCT— AND YOU AUTHORIZE MAHATON PLACE TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY MAHATON PLACE, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Mahaton Place strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
Mahaton Place’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
MAHATON PLACE PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MAHATON PLACE DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, MAHATON PLACE MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES .
MAHATON PLACE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES MAHATON PLACE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH MAHATON PLACE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. MAHATON PLACE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
Mahaton Place has adopted the following policy towards copyright infringement following the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please send a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information sufficient to allow the service provider to find the material.
- Information sufficient to allow the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of lying under oath, the information in the notification is exact and you may act on behalf of the owner of the exclusive right that is infringed.
Any DMCA Takedown Notices should be sent to [email protected], by phone to (725) 227-4310 or via mail to the following address: Copyright Compliance Department c/o Malik Media Enterprise Legal, P O Box 72820, Las Vegas, NV 89170.
Mahaton Place will stop the accounts of repeat infringers.
13. ADS AND THIRD-PARTY CONTENT
Like many subscription-based services, there are ads on our websites
Our Services may have advertisements and promotions offered by third parties and links to other websites or resources. Mahaton Place may also supply non-commercial links or references to third parties within its content. Mahaton Place is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Mahaton Place is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available
through our Services, such party’s terms will govern their relationship with you. Mahaton Place is not responsible or liable for such third parties’ terms or actions.
14. LIMITATION OF LIABILITY.
Mahaton Place’s liability is limited to the maximum extent by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAHATON PLACE, 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 MAHATON PLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAHATON PLACE’s AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO MAHATON PLACE FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. DISPUTE RESOLUTION
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact Mahaton Place Customer Service first so that
we can try to resolve your concerns without the need of outside aid. If you choose to pursue a claim against Mahaton Place, these terms will apply.
15a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
If you pursue a legal claim against Mahaton Place, you agree to arbitration (with limited exceptions).
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as changed by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent authority, or, if filed in arbitration, the responding party may ask that the dispute try in small claims court if the party’s claim is within the authority of the small claims court. If the responding party requests to try in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall figure out if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances begin or support against the Company any class action, class arbitration, or other representative action or continuing.
- By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be figured out by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall figure out all issues about the arbitrary of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for extremely limited reasons. For details on the arbitration process, see our Arbitration Procedure.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, change, or vacate an arbitration award, may be started in any court of competent authority. If this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts found in Clark County, Las Vegas NV. You hereby permanently consent to the authority of those courts for such purposes.
15b. GOVERNING LAW
Nevada law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law).
Except where our arbitration agreement is prohibited by law, the laws of Nevada, U.S.A., excluding Nevada’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Nevada governing law shall not succeed any mandatory consumer protection legislation in such jurisdictions.
Any claims that are not given to arbitration for any reason must be litigated in Clark County, Nevada (except for claims brought in small claims court, or were prohibited by law).
Except for claims that may be properly brought in a small claims court of competent authority in the county or other authority in which you live or in Clark County, Nevada, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Mahaton Place that for whatever reason are not given to arbitration will be litigated exclusively in the federal or state courts of Clark County, Nevada, U.S.A. You and Mahaton Place consent to the exercise of personal authority of courts in the State of Nevada and waive any claim that such courts form an
16. INDEMNITY BY YOU
You agree to indemnify Mahaton Place if a claim is made against Mahaton Place due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Mahaton Place, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
17. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
The section headings and summaries held here are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be believed to refer to the masculine, feminine, fix, singular or plural as the identity of the entities or persons referred to any need. Any word both capitalized and uncapitalized will be believed to have the same meaning.
18. ENTIRE AGREEMENT
This Agreement supersedes any earlier agreements or representations.
19. SPECIAL STATE TERMS
Specific terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin.
For subscribers existing in New York:
- The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like;
- Upon notice in writing and delivered to Malik Media Enterprise Legal, P.O. Box 72820, Las Vegas, NV 89170, USA, subscribers may place their subscription on hold for up to one year
- You may review the New York Dating Service Consumer Bill of Rights;
For subscribers residing in North Carolina:
- You may review the North Carolina Buyer’s Rights.
For subscribers residing in Illinois, New York, North Carolina, and Ohio :
- Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Malik Media Enterprise Legal, P.O. Box 72820, Las Vegas, NV 89170, USA, and we will work with you to provide alternative services or a refund.
For subscribers living in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you die before the end of your subscription period, your estate shall be entitled to a refund of that part of any payment you had made for your subscription which is allocable to the period after your death. If you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that part of any payment you had made for your subscription which is allocable to the period after your disability by supplying the company notice in the same manner as you request a refund as described above in Section 8.