1. APPLICABILITY AND ACCEPTANCE OF THESE TERMS
This legal agreement, referred to as the Agreement or Terms, is between you and Mango, also known as Mango, we, or us. By accessing or using Mango, or any apps or other services provided or operated by Mango (collectively referred to as the Services), or by indicating your acceptance of these Terms by checking a box or clicking a button, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please refrain from accessing or using any of the Services.
2. USE OF THE SERVICES BY MINORS AND BANNED INDIVIDUALS
The Services are not available to individuals under the age of 18 and shall not be accessed or used by them. BY ACCESSING OR USING THE SERVICES, YOU CONFIRM AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.
Furthermore, the Services are also not available to users who have been previously blocked or banned from accessing or using the Services.
3. LIMITED LICENSE TO USE THE SERVICES
Provided that you comply with these Terms and all other applicable rules, you are granted a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Services solely for personal and non-commercial purposes. No licenses or rights, except those expressly granted in these Terms, are given to you under any intellectual property rights owned or controlled by Mango or its licensors. Mango reserves the right to terminate this license, as outlined in Section 10 below.
You are solely responsible for complying with any laws, regulations, and rules that may apply to your use of the Services. By agreeing to these Terms and the Community Guidelines, you agree not to breach or circumvent any applicable laws or regulations, third-party agreements, third-party rights, or our Terms or Rules. Additionally, you agree not to use the Services for any commercial or other purposes that are not explicitly permitted by these Terms, nor in a manner that falsely implies Mango's endorsement or partnership or misleads others regarding your affiliation with Mango. You are prohibited from licensing, selling, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the Services unless explicitly stated in these Terms.
Except as expressly stated in these Terms, you may not copy, reproduce, distribute, republish, download, display, post, or transmit the Services, in whole or in part, in any form or by any means. Without Mango's express written consent, you are not permitted to use, display, mirror, or frame the Services or any individual element within the Services, the Mango name, any Mango trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services. Any attempt to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mango or its providers to protect the Services is strictly prohibited.
Additionally, you are prohibited from modifying, creating derivative works of, attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services. Taking actions that could damage or adversely affect the performance or proper functioning of the Services, violating or infringing on anyone else's rights, or causing harm or threats to anyone is strictly prohibited.
None of the above restrictions, the Rules, or any other provisions in the Terms shall be interpreted to create enforceable rights for users, whether as third-party beneficiaries or otherwise. Mango reserves the right, but not the obligation, to enforce any of the restrictions.
4. USER CONTENT AND CONDUCT; USER DISPUTES
The Services provide communication channels designed to enable users to communicate with other users. Mango does not exert any control over the individuals you interact with, even if you select the “interest matching” chat option, which Mango may offer. Mango has no obligation to monitor these communication channels but may, in its discretion, do so in connection with providing the Services. Mango may also terminate, suspend or ban your access to and use of the Services at any time, without notice, for any reason in its sole discretion. You acknowledge and agree that any user content, including without limitation text chats and video chats, is not created, endorsed or controlled by Mango. Mango will not under any circumstances be liable for any user content or activity within the Services. Mango is not responsible for information or content that you choose to share within or through the Services nor is Mango responsible for the content or actions of other users of the Services. Mango is not responsible for maintaining copies of any information or communications you choose to submit to or through the Services.
You are solely responsible for your interaction with other users of the Services and other parties that you encounter through the Services. To the fullest extent permitted by applicable law, Mango hereby disclaimsany and all liability to you or any third party relating to your use of the Services. You acknowledge and agree that Mango does not have any special relationship with you as an end user, and as such, Mango does not owe you any duty to protect you from the acts of other users or other third parties.
5. INTELLECTUAL PROPERTY RIGHTS
The Services, whether in whole or in part, are safeguarded by copyright, trademark, and other legal regulations. You acknowledge and agree that the Services, along with all associated intellectual property rights, solely belong to Mango and/or its licensors or authorized third parties. It is strictly prohibited to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. All trademarks, service marks, logos, trade names, trade dress, and any other identifiers associated with Mango employed on or in connection with the Services (collectively referred to as the Marks) are recognized as trademarks or registered trademarks. The use of any third-party trademark purely serves identification purposes and may be owned by their respective owners. The utilization of such third-party trademark is intended solely to identify the trademark owner and its goods and services and does not imply any association between the trademark owner and Mango.
6. ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES
Assumption of Risk. You acknowledge and consent that utilizing the Services, including your interactions with other users, inherently carries risks and by accessing and using the Services, you willingly assume such risks. In compliance with applicable law to the fullest extent, you bear full responsibility for your usage of the Services, including your interactions with other users.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF ACCESSING OR USING THE SERVICES, EVEN IF THOSE RISKS ARISE FROM MANGO'S NEGLIGENCE OR CARELESSNESS, THIRD PARTIES INCLUDING OTHER USERS OF THE SERVICES, OR DEFECTS IN THE SERVICES.
No Warranties. MANGO PROVIDES THE SERVICES AS IS, AS AVAILABLE, AND WITH ALL FAULTS, TO THE FULLEST EXTENT ALLOWED UNDER THE APPLICABLE LAW, WITHOUT ANY FORM OF WARRANTY. MANGO AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A SPECIFIC COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE AFOREMENTIONED, NEITHER MANGO NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, OR REPRESENTATIVES MAKE ANY REPRESENTATION OR WARRANTY (I) REGARDING THE SERVICES' ACCURACY, TRUTHFULNESS, COMPLETENESS, RELIABILITY, OR ERROR-FREE NATURE, (II) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE, (III) THAT ANY ERRORS OR DEFECTS WILL BE RECTIFIED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL PROPERTIES, (IV) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, (V) ANY IMPLIED WARRANTY ARISING FROM A SPECIFIC COURSE OF DEALING OR USAGE OF TRADE, OR (VI) THAT ANY CONTENT PROVIDED VIA THE SERVICES IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED THROUGH THE SERVICES BY MANGO OR ITS EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. In certain jurisdictions where the exclusion of certain warranties is not permitted, some of the limitations and exclusions may not apply to you.
Other Users of the Services. MANGO LACKS CONTROL AND DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONDUCT, ACTS, OR OMISSIONS OF OTHER USERS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ACTIONS OR CONDUCT OF OTHER USERS OF THE SERVICES SHALL BE THE SOLE RESPONSIBILITY OF SUCH USERS, AND NOT MANGO. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MANGO BE HELD RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY ARISING FROM THE ACTIONS, CONDUCT, OR OMISSIONS OF ANY OTHER USER OF THE SERVICES.
7.LIMITATION OF LIABILITY
Mango hereby notifies you that, in accordance with applicable law, your use of the Services is at your own risk. Mango and any other party involved in the creation, production, or delivery of the Services shall not be held liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services. Additionally, Mango shall not be held liable for any personal or bodily injury or emotional distress arising from or in connection with these Terms, the use of the Services, including any reliance on, delays, inaccuracies, errors, or omissions in the Services, the use or inability to use the Services for any reason, or your communications, interactions, or dealings with other users of the Services.
Regardless of whether Mango was informed of the possibility of such damages, and irrespective of whether a limited remedy provided herein is found to have failed of its essential purpose, Mango's aggregate liability under these Terms or arising out of or in connection with your use of the Services shall not exceed the amount specified or, if no compensation is specified, Mango shall not be held liable for any amount.
The limitations of damages stated above are fundamental elements of the agreement between Mango and you. However, in certain jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, some of the above limitations and exclusions may not apply to you.
Mango hereby informs you that, to the fullest extent permitted by applicable law, Mango shall not be liable for any damages whatsoever arising from or relating to the conduct, acts, or omissions of you or any other third party, including other users of the Services. Such damages may include, but are not limited to, bodily injury, emotional distress, and any other damages.
Not withstanding the above statement, Mango shall not be responsible for any content, interactions, or conduct of any third party, including other users of the Services. Therefore, you agree to release, defend (at Mango's option), indemnify, and hold Mango and its affiliates and subsidiaries, as well as their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney and accounting fees, arising from or in connection with your breach of these Terms or any other applicable policies of Mango, your unauthorized use of the Services, your interactions with other users of the Services, any information or materials you submit through the Services, or your violation or alleged violation of any laws, regulations, or third-party rights (Claims). Mango reserves the right to assume exclusive control of the defense of any Claims, and you agree to cooperate fully with Mango in such cases. Furthermore, you shall not settle any Claims without prior written consent from Mango.
8. DISPUTE RESOLUTION: AGREEMENT TO ARBITRATE
Please carefully review the following Section 9, as it has implications for your rights.
8.1 No Class Actions or Representative Proceedings
Both you and Mango acknowledge and agree that, to the fullest extent permitted by applicable law, we are each waiving our respective rights to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding for all disputes. It is further agreed that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Additionally, both you and Mango agree that a dispute cannot be brought as a class or any other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
If the class action waiver stated in this Section 9.5 is deemed illegal or unenforceable, the entirety of this Arbitration Agreement will become unenforceable, and the dispute will be resolved by the courts in the state of Oregon, Multnomah County, or the United States District Court for Oregon. In such cases, the parties irrevocably submit to the exclusive jurisdiction of these courts.
9. TERM, TERMINATION, AND SURVIVAL
This Agreement shall remain valid and enforceable for as long as you use the Services in accordance with these Terms and any additional applicable Rules. Mango reserves the right to terminate this Agreement at its discretion and without prior notice if it believes that you have violated this Agreement or the Community Guidelines, including but not limited to, engaging in non-personal use of the Services, participating in prohibited activities, or breaching any of your representations and warranties. All provisions of this Agreement that are intended to survive termination shall continue to be in effect after termination, including, but not limited to, ownership provisions, warranty disclaimers, assumption of risk agreement, release of claims, indemnification, limitations of liability, and dispute resolution.
10. GENERAL
10.1 Privacy Notice and Law Enforcement Inquiries
Mango maintains a Privacy Policy that outlines the collection, retention, and use of information relating to your use of the Services. The Privacy Policy, which is incorporated by reference into this Agreement, can be found here.
Mango's obligations are subject to existing laws and legal processes. Therefore, Mango adheres to valid legal processes (such as court orders, search warrants, subpoenas, or similar legal processes) issued in compliance with applicable laws by law enforcement agencies. Law enforcement agencies may submit requests for information and legal processes to Mango's registered agent at the following address:
Mango.com, LLC
c/o Northwest Registered Agent LLC
7901 4th St. N., Suite 300
St. Petersburg, FL 33702
Law enforcement agencies may also submit requests for information and legal processes from an official government-issued email address (e.g., [email protected]) to Mango at [email protected] with Mango-LEO in the subject line. Non-law enforcement requests should not be sent to this email address. Mango will not respond to correspondence sent by non-law enforcement officials to this email address. Please note that the email address for law enforcement requests is provided for convenience only and does not waive any objections Mango may have, including jurisdiction or proper service.
10.2 Feedback
We appreciate and encourage you to provide feedback, comments, and suggestions for improving the Services (collectively referred to as Feedback). You may submit Feedback by sending an email to [email protected] with Mango-Feedback in the subject line. Any Feedback you submit to us will be considered non-confidential and non-proprietary. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without providing compensation to you.
10.3 Third-Party Links and Services
The Services may contain links to other websites, businesses, resources, advertisers, and other third-party sites may link to the Services. Clicking on a link will redirect you away from the Services to a third-party site or service. Mango is not responsible for examining or evaluating, and does not warrant, the goods, services, or offerings of any third party, or the content of their websites or advertisements. Therefore, Mango assumes no liability or responsibility for the accuracy, actions, products, services, practices, availability, or content of such third parties. Any concerns regarding other sites and services should be directed to their operators.
10.4 Assignment:
You are prohibited from assigning, transferring, or delegating this Agreement and the associated rights and obligations without obtaining written consent from Mango beforehand. Mango, on the other hand, reserves the unrestricted right to assign, transfer, or delegate this Agreement and any associated rights and obligations at its sole discretion.
10.5 Changes to the Services or the Terms:
Mango retains the right to modify, amend, suspend, or terminate the Services, or any part thereof, without prior notice to you. Such actions by Mango hold no liability towards you or any other individual or entity for any changes, suspensions, or terminations to the Services or any part thereof.
Mango also maintains the right to modify these Terms at any time, with the modifications becoming effective prospectively. It is advisable for you to regularly review these Terms. In the event of any changes to these Terms, we will post the revised Terms on the Services and update the Last Updated date at the top of the Terms. If you continue to access or use the Services after the revised Terms become effective, it will be considered as your acceptance of the revised Terms.
Special terms or rules may apply to certain Services, and these will be supplementary to the existing Terms. In case of any conflict or inconsistency between the Terms, our Privacy Notice, and any communicated rules, restrictions, limitations, terms, and/or conditions for the Services, Mango will determine which rules, restrictions, limitations, terms, and/or conditions will prevail, at its sole discretion. You explicitly waive any right to challenge or dispute such determination.
10.6 No Third-Party Beneficiaries:
This Agreement is exclusive to the parties involved and does not intend to provide any rights or remedies to any other individuals.
10.7 No Waiver and Severability:
The failure of Mango to enforce any provision of this Agreement does not constitute a waiver of its right to do so in the future or to enforce any other provision. This Agreement allows each party to exercise its remedies without prejudice to other available remedies under this Agreement or as permitted by law.
Except as explicitly stated, if any provision of this Agreement is deemed unenforceable, it will be reformed to the extent necessary to make it enforceable. Such determination will not affect the enforceability of that provision under other circumstances, or the remaining provisions of this Agreement in any scenario.
10.8 Governing Law and Venue:
This Agreement is governed by the applicable laws and regulations. Any disputes arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts in the relevant venue.
10.9 Entire Agreement:
This Agreement, unless supplemented by additional terms, conditions, policies, guidelines, or standards as specified herein, constitutes the complete agreement between Mango and you regarding the subject matter discussed herein. It supersedes all prior oral or written understandings or agreements between Mango and you relating to the access and use of the Services.