 TERMS
OF SERVICE
MUST
BE 18 TO ACCESS MENBODYWORKERS.COM.
YOUR USE OF THE MENBODYWORKERS.COM
WEB SITE (THE “WEB SITE”), CONSTITUTES YOUR AGREEMENT
TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST
NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.
AS USED IN THIS AGREEMENT, "WE" "PROVIDER"
AND "US" SHALL REFER TO THE REGISTERD OWNER OF MENBODYWORKERS.COM.,
OR ANY SUCCESSOR OR ASSIGN OF THE REGISTERED OWNER OF MENBODYWORKERS.COM.
1. Purpose of Web Site.
The information in the Web Site is for individuals to contact
bodyworkers throughout the world for male to male bodywork services.
This web site is not to be used for solicitation of business services
to the bodyworkers.
2. Bodyworker Listings.
This Web Site is a searchable Directory of bodyworkers (hereinafter
referred to as “bodyworkers or bodyworker”). The bodyworkers
provide the information in the directory. Provider does not warrant
the validity of the information, nor does it guarantee the quality
of the work of the bodyworkers. Provider does not control the
content of the listings that are provided by the bodyworker or
any links to the linked website. Provider is not responsible for
any material or information contained in the linked sites provided
by bodyworker. We are not a referral source. The provider and
the website do not in any way warrant, endorse, recommend or guarantee
the services of any listed bodyworker. The bodyworkers listed
on website are strictly advertisers and not employees, agents
or representatives of the provider, nor are they controlled or
supervised by the website provider. Each bodyworker is responsible
for their own licensing, permits and certifications for whichever
location they provide services (as necessary).
3. Limited License; Permitted
Uses. You are granted a non-exclusive, non-transferable,
revocable license (1) to access and use the Web Site strictly
in accordance with these Terms and Conditions of Use; (2) to use
the Web Site and Directory solely for internal, personal, non-commercial
purposes; and (3) to print out discrete information and search
results from the Web Site and Directory solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright
and other notices contained therein.
4. Restrictions and Prohibitions
on Use. Your license to access and use the Web Site and
Directory are subject to the following restrictions and prohibitions
on use. You may not (1) copy, print (except for the express limited
purpose permitted by paragraph 3, above), republish, display,
transmit, distribute, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion of the
Web Site, Directory or any information or materials retrieved
therefrom; (2) use the Directory or any other materials from the
Web Site to develop, or as a component of, an information storage
and retrieval system, database, infobase, or similar information
resource (in any media now existing or hereafter developed), that
is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (3) create compilations or
derivative works of the Directory or any other materials from
the Web Site; (4) use the Directory or any other materials from
the Web Site in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of Provider
or any third parties; (5) remove, change, or obscure any copyright
notice or other proprietary notice or terms of use contained in
the Web Site; (6) make any portion of the Web Site or Directory
available through any timesharing system, service bureau, the
Internet, or any other technology now existing or developed in
the future; (7) remove, disable, defeat or change any functionality
or appearance of the Web Site; (8) decompile, disassemble or reverse
engineer any Web Site software or use any network monitoring or
discovery software to determine the site architecture; (9) use
any automatic or manual process to harvest information from the
Web Site; (10) use the Web Site or Directory for the purpose of
gathering information for or transmitting (a) unsolicited commercial
email; (b) email that makes use of Provider’s name or trademarks,
including in connection with invalid or forged headers, invalid
or nonexistent domain names, or other means of deceptive addressing;
and (c) unsolicited telephone calls or facsimile transmissions;
(11) use the Web Site or Directory in a manner that violates any
state or federal law regulating commercial email, facsimile transmissions
or telephone solicitations; and (12) export or re-export the Web
Site or any portion thereof, or any software available on or through
the Web Site, in violation of the export control laws and regulations
of the United States.
5. Policy on Unsolicited
Commercial Email. Provider does not authorize the use of
the Web Site or Directory for purpose of gathering information
for or transmitting unsolicited bulk commercial email over the
Internet to bodyworkers or other third parties. Internet email
sent to or through Provider’s computer systems or to Therapists
or other third parties containing invalid or forged headers, invalid
or non-existent domain names or other deceptive addressing is
deemed counterfeit; the sending or attempt to send counterfeit
email to or through the Provider’s computer systems is strictly
prohibited. Email that is relayed to or through the Provider’s
computer systems from a third party’s mail servers without
permission of such third party, or which employs a similar device
to hide the real source of the email is also strictly prohibited.
Provider prohibits anyone from sending email to or through its
computer systems that violates these Terms and Conditions of Use.
Provider prohibits the harvesting of email addresses from the
Web Site for the purpose of sending unsolicited bulk commercial
email.
6. Intellectual Property
Rights. Except for the limited license contained in paragraph
3 above, nothing in these Terms and Conditions of Use grants or
should be construed to grant any licenses or rights, by implication,
estoppel or otherwise, under copyright or other intellectual property
rights. You agree that all right, title and interest (including
all copyrights, trademarks, service marks, patents and other intellectual
property rights) in this Web Site and its content belong to Provider,
its licensors, or bodyworkers, as applicable.
7. Electronic Commerce.
The content on this Web Site, including but not limited to articles,
the directory, and other resources and information, is for personal
use only. Notwithstanding the foregoing, to the extent this Web
Site provides any purchasing opportunities through electronic
commerce, such buying opportunities may be made available for
group as well as personal purchasing according to the particular
terms thereof and so long as you are authorized to make purchases
on behalf of such group.
8. No Solicitation.
You shall not distribute on or through the Web Site or to any
persons or entities identified via the Web Site any content or
material containing solicitations or advertising of any kind without
the express prior written permission of the Provider. In no event
may any person or entity solicit any bodyworker or create a directory
of therapists or therapy firms through this Web Site or with data
retrieved from this Web Site.
9. Postings Conduct.
You agree not to post, publish, upload or distribute in the interactive
areas on this web site any messages, data, information, text,
graphics, links or other material (“Postings”) which
are unlawful or abusive in any way. The following is a partial
list of the kind of content that is illegal or prohibited on the
site - it includes content that: that are pornographic or depicts
a human being engaged in actual sexual conduct including but not
limited to sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same
or opposite sex; is patently offensive to the online community,
such as content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual; harasses or
advocates harassment of another person or invades their privacy;
provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from
anyone under 18; provides content that involves cursing, swearing,
incest, falsifying gender, violence, necrophilia, impersonating
another member, threat of suicide or harm to oneself or others,
drug paraphernalia, or bestiality; provides instructional information
about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information
for commercial or unlawful purposes from other users.
10. License of Your Content
to Provider. By uploading content to or submitting any
materials for use on the Web Site, you grant (or warrant that
the owner of such rights has expressly granted) Provider a perpetual,
royalty-free, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative
works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed
throughout the universe.
11. Bodyworkers Ethics Notice.
If you are a bodyworker, participating in any aspect of this web
site, including but not limited to, profiles, patrons, clients,
provider staff, message boards, review forms, chat rooms or email
forums you acknowledge that rules of professional non hostile
and honest conduct apply to all aspects of your participation
and that you will abide by such rules. The rules apply, but are
not limited to, the rules relating to this web site as a whole,
these terms of service, advertising and solicitation of clients.
Provider disclaims all responsibility for your compliance with
these rules.
12.
Cancellations and Refunds. Provider
reserves the right to cancel the account at any time with or without
notice. Any abuse of our staff or website in any medium or format
will result in the suspension or termination of your services
voiding refund policy. Provider gives you an conditional 30 day
money back guarantee. Only first-time accounts are eligible for
a refund. For example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible for a
refund. Customers may cancel at any time via provided login. Special
offer trials and any payment via western union are non-refundable.
Violations of the Terms of Service will waive the refund policy.
13. Linking to the Web Site. You
may provide links to any of the pages of this Web Site, provided
you do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Web Site.
14. Advertisers.
This Web Site contains advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Web Site is accurate and complies with applicable
laws. Provider will not be responsible for the illegality of or
any error or inaccuracy in any advertiser’s or sponsor’s
materials.
15. Errors and Corrections.
Provider does not represent or warrant that the Web Site will
be error-free, free of viruses or other harmful components, or
that defects will be corrected. Provider does not warrant or represent
that the information available on or through the Web Site will
be correct, accurate, timely, or otherwise reliable. Provider
may make improvements and/or changes to its features, functionality
or content of the Web Site at any time.
16. Third-Party Content.
Third-party content may appear on this Web Site or may be accessible
via links from this Web Site. Provider shall not be responsible
for and assumes no liability for any mistakes, misstatements of
law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any
other form of content contained in any third-party content appearing
on the Web Site. You understand that the information and opinions
in the third-party content represent solely the thoughts of the
author and is neither endorsed by nor does it reflect the belief
of Provider.
17. DISCLAIMER. THE
WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF
OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS
SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES
AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT
THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS
SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS
THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION
THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT
OR SOFTWARE IN CONNECTION WITH THIS SITE.
18. LIMITATION OF LIABILITY
AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS,
INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM
YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS'
FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION
WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT;
AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, PROFILES, ADS, EMAIL,
MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION
ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO
YOU FOR DAMAGES SHALL BE LIMITED TO $10.00.
19. Terms Of Service Breach
Or Unlawful Activity. Provider reserves the right to investigate
complaints or reported violations of our Terms and Conditions
of Use and to take any action we deem appropriate, including but
not limited to, stop advertisement, reporting any suspected terms
of service violation or unlawful activity to site members, law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to the profile information, advertisments,
e-mail addresses, usage history, posted materials, IP addresses
and traffic information.
20. Indemnification.
You are solely liable for any content, messages or other information
you transmit, provide or upload to the Web Site. You agree to
indemnify and hold harmless Provider from any third party claim,
action, demand, loss, or damages (including attorney’s fees
and costs) arising out of or relating to your violation of these
Terms and Conditions of Use, your use of the Web Site, or your
violation of any rights of a third party.
21. Remedies for Violations.
Provider reserves the right to seek all remedies available at
law and in equity for violations of these Terms and Conditions
of Use, including but not limited to the right to disclosing any
information necessary or appropriate to such persons or entities
relating to the website. Which can include but not limited to:
email addresses, name, posted or written information. We also
reserve the right to block access from a particular Internet address
to any of the Provider’s Web Sites and their features.
22. Governing Law,
Jurisdiction and Non-Waiver. These Terms and Conditions of Use
are governed by and construed in accordance with the laws of the
State of Minnesota and any action arising out of or relating to
these terms shall be filed only in state or federal courts located
in Minnesota and you hereby consent and submit to the personal
jurisdiction of such courts for the purpose of litigating any
such action. The failure of either party to enforce any rights
hereunder shall not constitute a waiver of any terms or conditions
of these Terms and Conditions of Use.
23. Severability of Provisions.
These Terms and Conditions of Use incorporate by reference all
notices and disclaimers contained on the Web Site and constitute
the entire agreement between you and Provider with respect to
access to and use of the Web Site. If any provision of these Terms
and Conditions of Use is found unlawful, void or unenforceable,
then that provision shall be deemed severable from the remaining
provisions and shall not affect their validity and enforceability.
24. Modifications to Terms
of Use. Provider reserves the right to change these Terms
and Conditions of Use at any time. Updated versions of the Terms
and Conditions of Use will appear on this Web Site and are effective
immediately. You are responsible for regularly reviewing the Terms
and Conditions of Use. Continued use of the Web Site after any
such changes constitutes your consent to such changes.
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