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1. Acceptance of Terms of Use Agreement.

By creating a Sshmingle account, whether through a mobile device, mobile application or

computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, and

any terms disclosed and agreed to by you if you purchase additional features, products or

services we offer on the Service (collectively, this "Agreement"). If you do not accept and

agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do

this for a variety of reasons including to reflect changes in or requirements of the law, new

features, or changes in business practices. The most recent version is the version that applies.

If the changes include material changes to your rights or obligations, we will notify you at

least 30 days in advance of the changes (unless we’re unable to do so under applicable law)

by reasonable means, which could include notification through the Service or via email. If

you continue to use the Service after the changes become effective, then you agree to the

revised Agreement.

2. Eligibility.

You are not authorized to create an account or access or use the Service or systems it resides

on unless all of the following are true:

 you are at least 18 years of age.

 you can form a binding contract with Sshmingle,

 you are not a person who is barred from using the Service under the laws of the

United States or any other applicable jurisdiction (for example, you do not appear on

the U.S. Treasury Department’s list of Specially Designated Nationals or face any

other similar prohibition),

 you will comply with this Agreement and all applicable local, state, national and

international laws, rules and regulations, and

 you have never been convicted of a felony or indictable offense (or crime of similar

severity), a sex crime, or any crime involving violence, and that you are not required

to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account.

In order to use Sshmingle, you may sign in using a number of ways, including by Facebook

login. If you choose to use your Facebook login, you authorize us to access and use certain

Facebook account information, including but not limited to your public Facebook profile.

You are responsible for maintaining the confidentiality of your login credentials you use to

sign up for Sshmingle, and you are solely responsible for all activities that occur under those

credentials.

4. Modifying the Service and Termination.

Sshmingle is always striving to improve the Service and bring you additional functionality

that you will find engaging and useful. This means we may add new product features or

enhancements from time to time as well as remove some features, and if these actions do not

materially affect your rights or obligations, we may not provide you with notice before taking

them. We may even suspend the Service entirely, in which event we will notify you in

advance unless extenuating circumstances, such as safety or security concerns, prevent us

from doing so.

The easiest way to terminate your account is to follow the instructions under "Settings" in the

Service. Of course, you retain other termination options. However, if you use a third party

payment account such as Apple’s App Store or iTunes Store, as applicable (“App

Store”) or the Google Play Store, you will need to manage in app purchases through

such an account to avoid additional billing. Sshmingle may terminate your account at any

time without notice if it believes that you have violated this Agreement. Upon such

termination, you will not be entitled to any refund for purchases.

After your account is terminated, this Agreement will terminate, except that the following

provisions will still apply to you and Sshmingle:

5. Safety; Your Interactions with Other Members.

Sshmingle is not responsible for the conduct of any member on or off of the Service. You

agree to use caution in all interactions with other members, particularly if you decide to

communicate off the Service or meet in person. You agree that you will not provide your

financial information (for example, your credit card or bank account information), or wire or

otherwise send money to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER

MEMBERS. YOU UNDERSTAND THAT TINDER DOES NOT CONDUCT CRIMINAL

BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE

BACKGROUND OF ITS MEMBERS. SSHMINGLE MAKES NO REPRESENTATIONS

OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.

6. Rights Sshmingle Grants You.

Sshmingle grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive,

revocable, and non-sublicensable license to access and use the Service. This license is for the

sole purpose of letting you use and enjoy the Service’s benefits as intended by Sshmingle and

permitted by this Agreement. This license and any authorization to access the Service are

automatically revoked in the event that you do any of the following:

 use the Service or any content contained in the Service for any commercial purposes

without our written consent.

 copy, modify, transmit, create any derivative works from, make use of, or reproduce

in any way any copyrighted material, images, trademarks, trade names, service marks,

or other intellectual property, content or proprietary information accessible through

the Service without Sshmingle’s prior written consent.

 express or imply that any statements you make are endorsed by Sshmingle.

 use any robot, bot, spider, crawler, scraper, 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 the Service or its contents.

 use the Service in any way that could interfere with, disrupt or negatively affect the

Service or the servers or networks connected to the Service.

 upload viruses or other malicious code or otherwise compromise the security of the

Service.

 forge headers or otherwise manipulate identifiers in order to disguise the origin of any

information transmitted to or through the Service.

 "frame" or "mirror" any part of the Service without Sshmingle’s prior written

authorization.

 use meta tags or code or other devices containing any reference to Sshmingle or the

Service (or any trademark, trade name, service mark, logo or slogan of Sshmingle 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 the Service, or cause others to do so.

 use or develop any third-party applications that interact with the Service or other

members' Content or information without our written consent.

 use, access, or publish the Sshmingle application programming interface without our

written consent.

 probe, scan or test the vulnerability of our Service or any system or network.

 encourage or promote any activity that violates this Agreement.

Sshmingle may investigate and take any available legal action in response to illegal or

unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates,

or other new features. You may be able to adjust these automatic downloads through your

device's settings.

7. Rights you Grant Sshmingle.

By creating an account, you grant to Sshmingle a worldwide, transferable, sub-licensable,

royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit,

publish, modify and distribute information you authorize us to access from third parties such

as Facebook, as well as any information you post, upload, display or otherwise make

available (collectively, "post") on the Service or transmit to other members (collectively,

"Content"). Sshmingle license to your Content shall be non-exclusive, except that Sshmingle

's license shall be exclusive with respect to derivative works created through use of the

Service. For example, Sshmingle would have an exclusive license to screenshots of the

Service that include your Content. In addition, so that Sshmingle can prevent the use of your

Content outside of the Service, you authorize Sshmingle to act on your behalf with respect to

infringing uses of your Content taken from the Service by other members or third parties. Our

license to your Content is subject to your rights under applicable law (for example laws

regarding personal data protection to the extent any Content contains personal information as

defined by those laws) and is for the limited purpose of operating, developing, providing, and

improving the Service and researching and developing new ones. You agree that any Content

you place or that you authorize us to place on the Service may be viewed by other members

and may be viewed by any person visiting or participating in the Service (such as individuals

who may receive shared Content from other Sshmingle members).

You agree that all information that you submit upon creation of your account, including

information submitted from your Facebook account, is accurate and truthful and you have the

right to post the Content on the Service and grant the license to Sshmingle above.

You understand and agree that we may monitor or review any Content you post as part of a

Service. We may delete any Content, in whole or in part, that in our sole judgment violates

this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and

kind. If we feel that your behavior towards any of our customer care representatives or other

employees is at any time threatening, harassing, or offensive, we reserve the right to

immediately terminate your account.

In consideration for Sshmingle allowing you to use the Service, you agree that we, our

affiliates, and our third-party partners may place advertising on the Service. By submitting

suggestions or feedback to Sshmingle regarding our Service, you agree that Sshmingle may

use and share such feedback for any purpose without compensating you.

Please be informed that Sshmingle may access, store and disclose your account information

and Content if required to do so by law, by performing its agreement with you, or in a good

faith belief that such access, storage or disclosure satisfies a legitimate interest, including to:

(i) comply with legal process; (ii) enforce the Agreement; (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. Community Rules.

By using the Service, you agree that you will not:

 use the Service for any purpose that is illegal or prohibited by this Agreement.

 use the Service for any harmful or nefarious purpose

 use the Service in order to damage Sshmingle

 spam, solicit money from or defraud any members.

 impersonate any person or entity or post any images of another person without his or

her permission.

 bully, "stalk", intimidate, assault, harass, mistreat or defame any person.

 post any Content that violates or infringes anyone's rights, including rights of

publicity, privacy, copyright, trademark or other intellectual property or contract right.

 post any Content that is hate speech, threatening, sexually explicit or pornographic.

 post any Content that incites violence; or contains nudity or graphic or gratuitous

violence.

 post any Content that promotes racism, bigotry, hatred or physical harm of any kind

against any group or individual.

 solicit passwords for any purpose, or personal identifying information for commercial

or unlawful purposes from other members or disseminate another person's personal

information without his or her permission.

 use another member's account, share an account with another member, or maintain

more than one account.

 create another account if we have already terminated your account, unless you have

our permission.

Sshmingle reserves the right to investigate and/or terminate your account without a refund of

any purchases if you have violated this Agreement, misused the Service or behaved in a way

that Tinder regards as inappropriate or unlawful, including actions or communications that

occur on or off the Service.

10. Purchases.

Generally. From time to time, Sshmingle may offer products and services for purchase ("in

app purchases") through the App Store, Google Play Store, carrier billing, Sshmingle direct

billing or other payment platforms authorized by Sshmingle. If you choose to make an in app

purchase, you will be prompted to confirm your purchase with the applicable payment

provider, and your method of payment (be it your card or a third party account such as the

Google Play Store or App Store (your "Payment Method") will be charged for the in app

purchase at the prices displayed to you for the service(s) you've selected as well as any sales

or similar taxes that may be imposed on your payments, and you authorize Sshmingle or the

third party account, as applicable, to charge you.

Auto-Renewal; Automatic Card Payment

If you purchase an auto-recurring periodic subscription through an in app purchase, your

Payment Method will continue to be billed for the subscription until you cancel. After your

initial subscription commitment period, your subscription will automatically continue for an

indefinite period of time, at the price you agreed to when subscribing unless you cancel your

subscription before the renewal date. Your card payment information will be stored and

subsequently used for the automatic card payments in accordance with the Agreement.

If you want to change or terminate your subscription, it is easiest to log in to your third

party account (or Settings on Sshmingle, if applicable) and follow the instructions to

terminate or cancel your subscription, even if you have otherwise deleted your account

with us or if you have deleted the Sshmingle application from your device. Deleting your

account on Sshmingle or deleting the Sshmingle application from your device does not

terminate or cancel your subscription; Sshmingle will retain all funds charged to your

Payment Method until you terminate or cancel your subscription on Sshmingle or the third

party account, as applicable. If you terminate or cancel your subscription, you may use your

subscription until the end of your then-current subscription term, and your subscription will

not be renewed after your then-current term expires.

If you made a purchase using your Apple ID, refunds are handled by Apple, not Sshmingle.

To request a refund, go to the App Store, click on your Apple ID, select "Purchase history",

find the transaction and hit "Report Problem".

If you use your right of cancellation (except for purchases made through your Apple ID,

which Apple controls), we will refund (or ask Google to refund) all payments received from

you, without undue delay and in any case within 14 days of the date when we received notice

of your decision to cancel the Agreement. We shall make such refund using the same means

of payment as used by you in the initial transaction. In any case, no fees will be charged to

you as a result of the refund.

If you made a purchase through a payment platform not listed above, please request a refund

directly from the third-party merchant through which you made your purchase.

You cannot cancel an order for delivery of digital content that is not delivered on a physical

medium if order processing has begun with your explicit prior consent and acknowledgement

that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual

Items. That means that such purchases are FINAL AND NON-REFUNDABLE.

11. Notice and Procedure for Making Claims of Copyright

Infringement.

If you contact us regarding alleged copyright infringement, please be sure to include the

following information:

 an electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright interest;

 a description of the copyrighted work that you claim has been infringed;

 a description of where the material that you claim is infringing is located on the

Service (and such description must be reasonably sufficient to enable us to find the

alleged infringing material);

 your contact information, including address, telephone number and email address and

the copyright owner’s identity;

 a written statement by you that you have a good faith belief that the disputed use is

not authorized by the copyright owner, its agent, or the law; and

 a statement by you, made under penalty of perjury, that the above information in your

notice is accurate and that you are the copyright owner or authorized to act on the

copyright owner's behalf.

Sshmingle will terminate the accounts of repeat infringers.

12. Disclaimers.

SSHMINGLE PROVIDES THE SERVICE 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 THE SERVICE (INCLUDING ALL CONTENT

CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED

WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE OR NON-INFRINGEMENT. TINDER DOES NOT

REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED,

SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL

BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN

ON OR THROUGH THE SERVICE WILL BE ACCURATE.

SSHMINGLE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR

ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH

THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED

THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION

AND RISK.

13. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to

other web sites or resources. Sshmingle is not responsible for the availability (or lack of

availability) of such external websites or resources. If you choose to interact with the third

parties made available through our Service, such party's terms will govern their relationship

with you. Sshmingle is not responsible or liable for such third parties' terms or actions.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

WILL SSHMINGLE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE

PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED 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 SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER

MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE

SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR

CONTENT, EVEN IF SSHMINGLE HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. IN NO EVENT WILL SSHMINGLE’S AGGREGATE LIABILITY TO

YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF

THE AMOUNT PAID, IF ANY, BY YOU TO SSHMINGLE FOR THE SERVICE AND

USD100 WHILE YOU HAVE AN ACCOUNT.

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.

18. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold

harmless Sshmingle, 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 the Service, your Content, or your breach of this Agreement.