Terms Of Service
Last revision: May 18, 2018
In these terms menbodyworkers.com ( The Web Site ) shall refer to the registered owner of menbodyworkers.com or any successor or assign of the registered owner of menbodyworkers.com.
By accessing and using menbodyworkers.com ( The Web Site ) you ( you, your, user) accept and agree to be bound by the terms and provision of this agreement. In addition, when using The Web Site's particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into this terms of service.
ANY PARTICIPATION WITH MENBODYWORKERS.COM WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS WEB SITE. ANY USER WITH INFORMATION OR ACCOUNTS THAT IS NOT IN ACCORDANCE TO THESE TERMS OF SERVICE SITE WILL BE REMOVED IN ITS ENTIRERITY.
1) When accessing or participating with The Web Site you are 18 years old and not assisting or facilitating for anyone that is under the age of 18 years old.
2) Being a online directory for men (user) to find or advertise professional massage therapy & bodywork services, there are some factors that need definition or understanding brought forth: (1) The Web Site does not warrant the validity of the information, nor does it guarantee the quality or legality provided by a user. (2) The user is responsible for certification or legal standards of services they provide in their jurisdiction or location of service. (3) The users who use The Web Site are not employees, agents or representatives of The Web Site. (4) The Web Site does not control the content, action, behavoir, communication or web site links provided by a user and does not in any way warrant, endorse, recommend or guarantee any content, action, behavoir, communication or web site links by any user.
3) User Content: You agree not to communicate, post, publish, upload or distribute in the interactive areas of The Web Site any messages, data, information, text, graphics, links and any magical new or old invention The Web Site is unaware of yet:
a) Exploit, facilitate, solicit information in any way from, for or about anyone under the age 18 years old.
b) Anything abusive or patently offensive such as but not limited to 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 or violates a person or entity privacy.
c) User content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, that would create liability or violate any local, state, national or international law; cursing, falsifying gender, violence, necrophilia, impersonating another user or non-user, threat of suicide or harm to oneself or others, drug paraphernalia, incest or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users or for anyone for that matter.
4) Violations Of Terms The Web Site reserves the right remove any content or any user account at any time with or without notice. Any abuse or non-compliance of our User Content terms and or Ethics Notice will have your information, content and or account removed. In the event your account is removed for violation of these terms of service you may not be able to resign up as you can be banned from the website for any violations of terms of service of the website. (See 19. "Terms Of Service Breach Or Unlawful Activity:" and 21. "Violation Remedies" below for more information on violations.)
6) Policy on Unsolicited Commercial Email: The Web Site 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 users or other third parties. Internet email sent to or through The Web Site’s computer systems or users of the website 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 The Web Site’s computer systems is strictly prohibited. Email that is relayed to or through the The Web Site’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. The Web Site prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. The Web Site prohibits the harvesting of email addresses from The Web Site for the purpose of sending unsolicited bulk commercial email. The Web Site also prohibits advertising through its email forms in any form and can result with a Minimum of $10,000 service fee to be paid to the The Web Site.
7) Intellectual Property Rights: Except for the limited license, 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 The Web Site, its licensors or users as applicable.
8) 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 personal purchasing according to the particular terms and items thereof and so long as you are authorized to make such purchases.
9) No Solicitation: You shall not distribute on or through The Web Site or to any user or users identified via The Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the The Web Site. In no event may any person or entity solicit any user or create a directory of user or user firms through this Web Site or with data retrieved from The Web Site.
10) License of Your Content to The Web Site: 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) The Web Site a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, remove, 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) Ethics Notice: If you are a user participating in any aspect of this web site, including but not limited to, user profile, user, The Web Site: you acknowledge that laws in your city, state, province and or country apply to all aspects of your participation with the website and that you will abide by such laws. The rules or terms of service written within these terms of service relate to this web site as a whole and when any user related to using the website. The Web Site reserves the right to deny and or remove content for any reason which includes no reason especially when it comes to the safety of earth, the universe and the people or alien organisms in it. The Web Site reserves the right to deny and or deactivate/remove your user account if your account has violated any terms of service within these terms of service. The Web Site also holds the right to remove accounts for the user administration being inactive or no updating for more than 60 days. Updating means you must use your account regularly, such as, by logging into the site with your user name and password and keep your information current which includes any text, photos, locations and contact info. Upon sign up of an user account you have 24 hours from the time you signed up to activate your account by adding location and photos which prompts the site to review and activate the profile for public view. The Web Site disclaims all responsibility for your compliance with these rules.
12) Cancellations and Refunds: Users may cancel thier user account at any time via provided login. All canceled or removed accounts by the user who want a refund must contact the staff of The Web site for assessment of being applicable for refund as refunds are not automatic or mandatory. The Web Site reserves the right to cancel the account at any time with or without notice with no obligation for refund to the user. Any violations of our terms of service in any medium will result in the suspension or termination of your services voiding any refund policy if one ever did exist.
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. The Web Site 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: The Web Site 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. The Web Site does not warrant or represent that the information available on or through The Web Site will be correct, accurate, timely, or otherwise reliable. The Web Site 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. The Web Site 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 The Web Site.
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 $15.00.
19) Terms Of Service Breach Or Unlawful Activity: The Web Site does not condone or enable any illegal activity and reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action the website deem appropriate, including but not limited to, deny access of content, remove content, stop advertisement, reporting any suspected terms of service violation or unlawful activity to site users, 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 The Web Site 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: The Web Site 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 removing certain user content or entire user accounts to the right to disclosing any information necessary or appropriate to such persons or entities relating to the website and applicable law enforcment of jurisdiction. Which can include but not limited to: email addresses, name, posted or written information. The Web Site also reserves the right to block access from a particular Internet address to any of the The Web Site’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 The Web Site 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.