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Terms of Use
Welcome to Betweenmen.com You must read and agree
to these terms and conditions before you may access or view our
Site. Please read them carefully. By visiting the Betweenmen.com
Site, you are agreeing to its terms. This Agreement is subject to
change at any time, and changes are effective upon posting.
1. Eligibility:
You must be eighteen or over to register as a member of or use this
site. Membership in the service is void where prohibited. By using
and/or viewing this site, 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
and that you are at least 18-years old (21-years old in AL, MS,
NE, WY, and any other location where 18 is not the age of majority)
- who are interested in and wish to have access to visual images,
verbal and written descriptions of a sexually oriented, and frankly
erotic nature. The materials, which are available within this site
may include graphic visual depictions and descriptions of nudity
and sexual activity and should not be accessed by anyone who is
younger than 18-years old (21-years old in AL, MS, NE, WY, and any
other location where 18 is not the age of majority) or who is offended
by such materials or who does not wish to be exposed to such materials.
Commercially available parental control protections (such as computer
hardware, software, or filtering services) may assist you in limiting
access to material that is harmful to minors.
By using and/or viewing this site you represent
and warrant under penalty of perjury the following:
A) That you are an adult, at least 18-years of age (21-years old
in AL, MS, NE, WY, and any other location where 18 is not the age
of majority).
B) That you will not permit any person(s) under 18-years of age
(21-years old in AL, MS, NE, WY, and any other location where 18
is not the age of majority) to have access to any of the materials
contained within this Site.
C) That you understand that when you gain access to this site, you
will be exposed to visual images, verbal descriptions of a sexually
oriented, frankly erotic nature, which may include graphic visual
depictions and descriptions of nudity and sexual activity. You are
voluntarily choosing to do so, because you want to view, read and/or
hear the various materials which are available, for your own personal
enjoyment, information and/or education. Your choice is a manifestation
of your interest in sexual matters which, you believe, is both healthy
and normal and which, in your experience, is generally shared by
average adults in your community. You further represent and warrant
that you are familiar with the standards in your community regarding
the acceptance of such sexually oriented materials, and the materials
you expect to encounter are within those standards. In your judgment,
the average adult in your community accepts the consumption of such
materials by willing adults in circumstances such as this which
offer reasonable insulation from the materials for minors and unwilling
adults, and will not find such materials to appeal to a prurient
interest or to be patently offensive.
D) That you further represent and warrant that you have not notified
any governmental agency, including the U.S. postal service, that
you do not wish to receive/view sexually oriented material.
E) That you represent and warrant that you have not and will not
use and/or view the Site(s) in a restricted location - namely a
place, country, or location in which doing so would, or could be
deemed a violation of any law, regulation, rule, ordinance, edict
or custom.
2. Non-Commercial Use by Members/Viewers:
This Betweenmen.com site is for the personal use of individual members
and viewers only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become
members of this site and shall not use the Betweenmen.com service
or site for any purpose including but not limited to: sending unsolicited
commercial e-mail to members, sending advertisements for other web
sites and services in this site's chat rooms, or using member personal
identifying information for commercial purposes. Illegal and/or
unauthorized uses of the site, including unauthorized framing of
or linking to the site or the sending of unsolicited commercial
email will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and injunctive
redress and/or termination of membership at Betweenmen.com's sole
discretion. In order to prevent the sending of unsolicited commercial
email or chat messages to its members, may take reasonable steps,
including terminating the user's account with Betweenmen.com.
4. Proprietary Rights of Content on Betweenmen.com:
owns and retains other proprietary rights in the Betweenmen.com
site and the Betweenmen.com service. The site contains the copyrighted
material, trademarks, and other proprietary information of , and
its licensors. Except for that information which is in the public
domain or for which you have been given permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) claims immunity from liability to the fullest extent under the
law and as provided under the Communications Decency Act for Content
provided by third parties and members and nothing in this agreement
is intended to waive, remove, or usurp such immunity. You understand
and agree that may delete any content, messages, photos or profiles
(collectively, "Content") that in the sole judgment violates
the Terms of Use or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of and/or its members.
B) You are solely responsible for the content that you publish or
display (hereinafter, "post") on the Betweenmen.com ,
or transmit to other members.
C) By posting content to any public area of Betweenmen.com, you
automatically grant, and you represent and warrant that you have
the right to grant, to and its members, an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform,
display, and distribute such information, rights of publicity, and
content and to prepare derivative works of, or incorporate into
other works and other media, such information and content, and to
grant and authorize sublicenses of the foregoing. For privacy terms,
please refer to our Privacy Policy.
D) will investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the
site or service and terminating the membership of such violators.
The following is a partial list of the kind of content that is illegal
or prohibited on the site - it includes content that: 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; involves the transmission of "junk
mail", "chain letters," or unsolicited commercial
e-mail or "spamming"; promotes information that you know
is false, misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous; promotes
an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind;
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; sending advertisements in
chat or instant messaging messages; and engages in commercial activities
and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Betweenmen.com service in a manner consistent
with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine
to bypass or to interfere or attempt to interfere with the proper
working of the Betweenmen.com site. You agree that you will not
take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. Much of the information on our
site is updated on a real time basis and is proprietary or is licensed
to by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the service.
You will not transmit any chain letters or junk email to other Betweenmen.com
members. Although cannot monitor the conduct of its members off
the Betweenmen.com site, it is also a violation of these rules to
use any information obtained from the service in order to harass,
abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any member without their prior explicit
consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights
or otherwise have a valid basis under the law, including "fair
use". Without limiting the foregoing, if you believe that your
work has been copied and posted on the Betweenmen.com service in
a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information consistent with the
Digital Millennium Copyright Act (DMCA): 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 our site including
the URLs of web pages and/or hyperlinks; your address, telephone
number, and email address; 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; 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. 's Copyright Agent for Notice
of claims of copyright infringement can be reached as follows:
It is the intention of betweenmen.com to fully comply
with the DMCA, including the Notice and "take down" provisions
and to benefit from the safe harbors immunizing it from liability
to the fullest extent provided by law, and to the extent the Notice
and "take down" requirements above deviate from the requirements
under the DMCA then the Notice requirements as provided by the DMCA
shall control and are herein incorporated by reference.
7. Member Disputes:
Betweenmen.com does not control the information provided by other
users that are made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and safety when using our site.
You are solely responsible for your interactions with other Betweenmen.com
members. Because it is not involved in member interactions, in the
event that you have a dispute with one or more members or those
who have posted, viewed, or used information on the Betweenmen.com
site, you release , including its officers, directors, agents, subsidiaries
and employees, from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code § 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which
if known by him must have materially affected his settlement with
the debtor." reserves the right, but has no obligation, to
monitor disputes between you and other members.
8. Privacy:
Use of the Betweenmen.com site and/or its service is governed by
our Privacy Policy, which may change from time to time upon electronic
notice to you.
9. Disclaimers:
, including its officers, directors, agents, subsidiaries and employees
is not responsible for any incorrect or inaccurate content posted
on the site or in connection with the Betweenmen.com service, whether
caused by users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the conduct
of any user and/or member of the Betweenmen.com service whether
online or offline. assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized
access to, or alteration of, user and/or member communications.
is not responsible for any problems or technical malfunction of
any telephone network or lines, computer on-line-systems, servers
or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on
the Internet or at any website or combination thereof, including
injury or damage to users and/or members or to any other person's
computer related to or resulting from participating or downloading
materials in connection with the Betweenmen.com site and/or in connection
with the Betweenmen.com service. Under no circumstances , be responsible
for any loss or damage resulting from anyone's use of the site or
the service and/or any content posted on the Betweenmen.com site
or transmitted to Betweenmen.com members. The site and the service
are provided "AS-IS" and expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. cannot
guarantee and does not promise any specific results from use of
the site and/or the Betweenmen.com service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and
in that event liability is disclaimed to the fullest extent permitted
by law), in no event will be liable to you or any third person for
any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the
site or the Betweenmen.com service, even has been advised of the
possibility of such damages. Notwithstanding anything to the contrary
contained herein, 's liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited
to the amount paid, if any, by you to Betweenmen.com for the service
during the term of membership.
12. Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of
Use and/or your relationship with and/or your use of this site shall
be submitted to binding arbitration according to the rules of the
American Arbitration Association. The parties to the arbitration
shall evenly divide any and all costs of the arbitration. Neither
party shall be entitled to attorney fees. All parties submit to
exclusive jurisdiction in Santa Clara County, California. The arbitration
shall take place exclusively in Santa Clara County, California at
JAMS before a retired judge and shall be governed by California
law without regard to its conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold , its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use
of the service in violation of this Agreement and/or arising from
a breach of these Terms of Use and/or any breach of your representations
and warranties set forth above.
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