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Mélange Internationale ("Mélange"," us", "we" and "its") simply provides personal chef services, cooking classes, JourneyDance workshops and EyeGaging parties for Select singles. Mélange does not have the ability to independently screen participants registering for its workshops and cooking classes. For example, Mélange does not verify personal information provided by its participants, mailing list subscribers and web site users (hereinafter collectively referred to as its "users", "you" and "your") such as marital status, age, or any other aspects of their general background. It is up to you to confirm these issues to your own satisfaction.
By registering for a Mélange event, you are agreeing that Mélange is not liable for any damages, direct or indirect, that may in any way arise out of Mélange's social gatherings. This includes, without limitation, damages arising out of meeting or communicating with other participants in programs sponsored by or affiliated with Mélange.
This is a legal agreement ("Agreement") between you and Mélange. As part of your registration for a Mélange event, you must confirm that you have read and understood the terms and conditions of this Agreement (the "Terms"). By registering for such an event, you become a member of Mélange (a "Member") and you agree to be bound by the Terms of this Agreement for as long as you continue to be a Member. If you do not agree to the Terms, please do not register for a Mélange event. The terms are subject to change by Mélange at any time, effective upon notice to you.
PERSONS UNDER 21 MAY NOT BECOME MEMBERS.
By becoming a Member, you represent and warrant that you are at least 21 years old. Participation in Mélange events and use of this web site are void where prohibited. By using this web site and/or participating in Mélange events, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Your membership in Mélange is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access to your account and registration information.
This Agreement will remain in full force and effect while you continue to be a Member of Mélange. Either you or Mélange may terminate your membership at any time, for any reason, without explanation, effective upon sending written notice to the other party. Mélange reserves the right to immediately suspend or terminate your access to any Mélange event, without notice, upon any breach of this Agreement by you which is brought to the attention of Mélange.
You hereby understand and acknowledge that by using this web site and participating in Mélange events that your e-mail address, first name and certain other profiling information that you provide will be provided to certain other participants. Mélange has conducted no research on the backgrounds of any of its Members or the participants at its events. Mélange does not screen the members registering for events offered by Mélange in any way, and does not verify information provided by its members. Therefore, Mélange is not liable for the accuracy of such information. You agree to release Mélange from any liability and assume the full responsibility and risk with respect to any person you meet at a Mélange event or through this web site. Mélange will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this service and/or attendance at Mélange events, including, without limitation, to damages arising out of communicating and/or meeting with other members of this service or participants at these events. Such damages include, without limitation, physical damages, bodily injury and or emotional distress.
We strongly encourage you to take the same precautions you would take in meeting any new person in order to assure your safety.
You also understand and acknowledge that Mélange events are held at venues of which Mélange has no control. Therefore, in the event that you are injured or suffer damages in any regard at a Mélange event, you agree to release Mélange from any liability with respect thereto, unless such damages result directly from the actions of any employee or agent of Mélange.
All participants in Mélange events understand and acknowledge that Mélange provides creative ways to meet new people. Mélange does not guarantee that any participant will successfully match with any other participant. Additionally, Mélange does not guarantee that any match between participants will be successful.
Mélange is not responsible or liable for errors or omissions of any kind. Furthermore, members agree to indemnify and hold harmless Mélange, its officers, directors, shareholders, consultants, hosts, agents, employees, partners, affiliates, licensees and subsidiaries from any and all losses, claims, damages, expenses (including reasonable fees, disbursements, and other charges of Counsel), actions, proceedings, liabilities or investigations (whether formal or informal), or threats thereof, based upon, relating to, or arising in connection with any and all of the services that Mélange provides or claims to provide as well as communications or meetings that you arrange on your own volition and on your own time with others who have participated in one of Mélange's Parties. Further, users agree not to initiate any claim whatever against Mélange as a result of any of our social gatherings or other activities and users affirm that they take sole and complete responsibility for any and all actions that might occur during any meeting, communication or date.
Mélange reserves the right to reject any User's registration, RSVP and may reject admission to any of its social gatherings for any reason whatsoever, or if registration has been effectuated, refund user's registration fee in full and prevent user from participating in any of its social gatherings.
By completing the registration process for a Mélange social gathering, member hereby agrees to pay the admission fee charge shown on the payment page of the Mélange website and further affirms that user will not "charge back" or otherwise dispute the Fee for any reason whatever. If there is a dispute regarding payment or the services provided by Mélange, user agrees to expeditiously contact Mélange to resolve said dispute before escalating the dispute to user's credit card company.
You agree to defend, indemnify and hold harmless Mélange, its partners, employees, agents and third parties, for any losses, costs, its officers, directors, shareholders, consultants, hosts, agents, employees, partners, affiliates, licensees and subsidiaries from any and all losses, claims, damages, expenses (including reasonable attorneys' fees, disbursements, and other charges of Counsel), actions, proceedings, liabilities and expenses relating to or arising out of your use of the Mélange service, including any breach by you of the terms of this Agreement.
5.1 The content of this web site is the property of Mélange. Mélange is duly formed in the United States of America under the laws of the State of New York and is qualified to do business in the State of New York.
5.2 All title, ownership and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the "Intellectual Property') used on the web site are vested in Mélange. Nothing contained on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the written permission of Mélange.
5.3 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services or any portion of any material obtained from this web site, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of Mélange.
6.1 You are granted access to make personal use of this site and you are not allowed to download (other than page caching) or modify this site, or any portion of it, except with the express prior written consent of Mélange.
6.2 You may not use this site or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
6.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to Mélange without the prior written consent of Mélange.
6.4 You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Mélange without its express prior written consent.
6.5 Any unauthorized use by you may result in the termination of your right to use this site and to participate in Mélange events.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MÉLANGE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE FROM TIME TO TIME. MÉLANGE MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MÉLANGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
MÉLANGE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. IN NO EVENT SHALL MÉLANGE, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE) OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY MÉLANGE, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the foregoing, Mélange, its business partners, their affiliates or any third party provider or distributor should be found liable for any loss or damage, with respect to the use of this web site or in connection with any Mélange event, for any cause whatsoever and regardless of the form of the action, such damages shall not exceed, in the aggregate, the fees paid by you and/or the damaged person for the services and/or products of Mélange. Some states and jurisdictions do not allow limitation of liability, so the foregoing limitation may not apply to you.
This web site may provide, or third parties may provide, links to other web sites or resources. These links are provided to you as a convenience and not as an endorsement by Mélange of such other web sites. Mélange has no control over such sites and resources and is not responsible or liable for any content, advertising, products, or materials relating to such other sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such sites or resources. If you decide to access other web sites, you do so at your own risk.
You are solely responsible for your interactions with other participants in Mélange events. Mélange reserves the right, but has no obligation, to monitor disputes between you and other participants.
Software from this web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement and its performances are governed by the laws of the State of New York, and the United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Courts of the State of New York located in New York County and the Federal District Court for the Southern District of New York in all matters arising out of your use of this site.
Mélange may at any time modify these terms and conditions and your continued use of the site will be conditioned upon the terms and conditions in force at the time of your use.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.
Mélange will keep confidential all information supplied by you to Mélange, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Statement for more detailed information concerning confidentiality.
You may not assign, convey subcontract or delegate your rights, duties or obligations hereunder. Please contact info@mélangeinternationale.com with any questions regarding this Agreement.
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