Terms Of Conditions
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; could possibly
result with a $10,000 service fee to be paid to the provider (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 the site owners
or Therapists or other third parties containing advertisements or 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. Provider also prohibits advertising through its
email forms in any form and can result with a $10,000 service fee to
be paid to the Provider.
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. We also reserve the right to deactivate your profile if your account has been inactive or non updated for more than 90 days. This means you must use your account regularly, such as, by logging into the site with your user name and password and stimulate your information. 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.
