USER AGREEMENT FOR MEN4SEXNOW.COMSM SERVICES
Last Updated: 1/3/17
TERMS AND CONDITIONS OF
When you sign
up for any service within Men4SexNow.com, you agree to all of the terms and conditions
of this Agreement.
- PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY FORM THE AGREEMENT
- IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD
Agreement constitutes your agreement with SOLSTICE GROUP, Inc., (the Company)
with respect to your use of www.men4sexnow.com (the Website, the Site) and any
of the services provided by or through said Website (the Service). You must
agree to abide by all of the terms and conditions contained in this Agreement
in order to become or remain an authorized user of the Service. By using any part of Our
Site or Services in any manner, you understand and agree that we will consider
such use as your affirmation of your complete and unconditional acceptance to
all of the terms in this Agreement. From time to time we may amend this
Agreement, and you agree to be bound by such amendments. When amending this
Agreement, we will modify the “Last Updated” date at the top of this document.
You agree to check the “Last Updated” date to determine whether any changes
have been made since you last accessed the Website. If you do not agree with
the current version of the Agreement, you should not access the Website or the
Services. Continued use of the Website or the Services after any change to
this Agreement will constitute your acceptance of the Agreement, in its current
form. As used
in this Agreement, "we", "us" or "the Company"
shall refer to SOLSTICE GROUP, Inc., or any successor or assign of SOLSTICE GROUP, Inc. If
any provision of this Agreement is found unenforceable, that provision will be
enforced to the maximum extent permissible and the remainder of this Agreement
will continue in full force and effect.
right to use the Service is subject to any limitations, conditions, and
restrictions established by us from time to time, in our sole discretion. We
may alter, suspend or discontinue without prior notice any aspect of the
Service at any time, including, but not limited to, the availability of any
Service feature, database, or content. We may also impose limits on certain
features and aspects of the Service or restrict your access to parts or all of
the Service without notice or liability.
/ Adult. You
must be eighteen (18) or over to register as a member of or use this Site.
Before using the Services on this Site or gaining access to this Site as a
member or user, you may be required to disclose personally identifiable
information to an independent, third-party entity or service in order to verify
your age and eligibility requirements. If you do not agree to this disclosure,
then you are precluded from using this Site or any Services provided therein.
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 eighteen (18) years old
(twenty one (21) years old in AL, MS, NE, WY, and any other location where eighteen
(18) is not the age of majority) and that you do not find adult oriented
materials to be offensive. You understand that this Site contains links to
pages containing adult oriented materials.
agree to use the Service in accordance with the following Code of Conduct:
- You represent
and warrant that any
and all text, images, video, or other content or media uploaded, shared, published,
or otherwise made available via Our Website or Services (“User Content”)
will comply with all restrictions set forth in this Agreement.
- You will
keep all information provided to you through the Service as private and
confidential and will not give such information to anyone without the
permission of the person who provided it to you; you will not use the
Service to engage in any form of harassment or inappropriate behavior,
including but not limited to the posting of communications, pictures or
recordings which contain libelous, slanderous, abusive, defamatory or
- You will
not forward chain letters through the Service.
- You will
not use the Service to infringe the privacy rights, property rights, or
other civil rights of any person.
- You will
not upload, post, or otherwise transmit messages, commentary, pictures,
recordings or any other content or use the Service in any way which:
plagiarizes or infringes upon the rights of any third party, including
but not limited to any copyright or trademark law, privacy or other
personal or proprietary rights; or,
fraudulent, represents someone other than yourself, or is otherwise
unlawful or violates any law; or,
photos or ads portraying illegal activity, underage children, or explicit
drug use; or,
photos that do not match your textual description or include people other
than yourself; or,
email addresses, phone numbers, residential street addresses, etc.
- You will
not use the Service to distribute, promote or otherwise publish any
material containing any solicitation for funds, advertising, or
solicitation for goods or services.
- You represent
and warrant that all persons appearing in the User Content that you upload
to Website, including without limitation all photographic matter
(including you), were over the age of eighteen (18) at the time that said
persons were photographed, filmed or videotaped in connection with the
creation or production of the User Content.
- You represent
and warrant that none of the User Content that you upload to Website
contains any visual depictions of persons that would reasonably suggest to
a viewer of such depictions that the person or persons depicted therein is
- You may
not use the Service for any unlawful purpose. We may refuse to grant you a
screen name for any reason, including a screen name that appears to or
does impersonate another individual or entity, is protected by copyright,
trademark, or other law, as determined by us in our sole discretion, or
for any other reason as determined by us in our sole discretion.
- You will
not use this Service if you are from a country, state, province, or locale
in which possessing, viewing, or distributing adult material is in any way
illegal. It is your sole obligation to comply with any such applicable
foregoing restrictions apply to all User Content that you upload to the
Website, including “Cruise Spot” posts, as described below.
License to Use Uploaded Materials. You
hereby provide us with an irrevocable, non-exclusive, perpetual license and
right to publish, disseminate, distribute, exploit, republish and sublicense
any and all User Content transmitted to us for posting on the Service. You
understand that we may continue to use the User Content in the manner
referenced above after you discontinue any membership or relationship with the
Service. Requests for removal of User Content may be approved or rejected, in
our discretion. You hereby release us from any and all claims arising from the
publication or other use of the User Content.
Privacy and Use of Information. You
acknowledge that (a) we cannot ensure the security or privacy of information
you provide through the Internet and your email messages, and you release us
from any and all liability in connection with the use of such information by
other parties; (b) we are not responsible for, and cannot control, the use by
others of any information which you provide to them and you should use caution
in selecting the personal information you provide to others through the
Service; and we cannot assume any responsibility for the content of messages
sent by other users of the Service, and you release us from any and all
liability in connection with the contents of any communications and/or
commentary you may receive from other users.
guarantee, and assume no responsibility for verifying, the accuracy of the
information provided by other users of the Service.
agree that we will disclose information about you if required to do so by law
or in the good faith belief that such disclosure is reasonably necessary to:
(i) comply with the legal process; (ii) enforce this Agreement; (iii) respond
to claims that any information or materials transmitted to our Website violates
the rights of third-parties; or (iv) to protect the rights, property, or
personal safety of you, the Company, its Content Providers, others, and the
we may, from time to time, share your information, including your e-mail
address, with other third party companies and partner websites in an attempt to
provide you with products and services that we believe may interest you. You
may opt-out of such communication at any time by following the instructions
included in the communication.
You understand and
agree that there may be certain optional features of the Website that obtain
additional information from you, whether actively or passively. Such
information may include, but is not limited to, your geographic location obtained
by a global positioning service utilized by the Website. You further understand
that by electing to opt-in or failing to disable such features, any additional
information collected or User Content generated, as a result of engaging such
features, may be made public. You may disengage such optional features at any
understand and agree that some features provided by the Website may passively
obtain data from you automatically upon your accessing of the Website. For
Spots Feature. We
may permit you to post information, comments, and reviews about businesses or
geographic locations where individuals frequently meet or congregate (“Cruise
Spots”), on the Website. The content may include images, business addresses,
and business names. Posting such content is subject to the following specific
restrictions and requirements:
Cruise Spot may not refer to a residential location.
a Cruise Spot for any illegal purpose is strictly prohibited.
no circumstances may any Cruise Spot post, comment, or review refer to any of
the following subjects:
solicitation, or human trafficking.
ammunition, or explosives.
or gang activity.
with, or obstruction, of law enforcement activity.
Cruise Spot post may be disparaging, defamatory, threatening, or harassing to
posts will display on your map function, and Users will be permitted to view
nearby Cruise Spots using a GPS function. You specifically authorize us to use
your geographic location information for this purpose. We reserve the right to
remove or not publish any Cruise Spot post, comment, or review for any reason,
in our discretion. Users who violate these restrictions may have their access
restricted or terminated, as we deem appropriate. We disclaim all liability
associated with Cruise Spot posts or real world meetings.
Regarding User-Uploaded Content And Limitation Of Website Liability. You acknowledge that
you understand that all User Content on the Website is uploaded or added to
Website by the Users through an automatic mechanism and that Website is not
involved in any preliminary inspection, review, selection, editing, verifying,
or management of any of the User Content or information, including without
limitation any textual or visual content uploaded to the Website, and
consequently the Website is not responsible to you or any other user for such
content or information.
acknowledge that you understand that the Website cannot ensure nor does it make
any representations or warranties regarding the security or privacy of
information or User Content that you post, upload, or is otherwise generated as
a result of accessing the Website and any of its features, and that you release
the Website from any and all liability in connection with the use or misuse of
such information by other parties.
acknowledge that you understand that the Website does not control the content
of any information, messages, commentary, communication or other materials
posted or uploaded by users of the Website, and that consequently you release
us from any and all liability and responsibility in connection with the content
of any information, messages, communication or other materials you may receive
from other users of the Website.
acknowledge that you understand and agree that the Website reserves the right,
but is under no legal obligation to review, verify, edit, control, supervise,
or manage any images, messages, communication, commentary, information, or
content of any kind which has been posted, uploaded, or otherwise generated as
a result of accessing the Website and any of its features, and that
consequently the Website does not guarantee or vouch for the accuracy of any
such information or content, and consequently you release the Website from any
and all liability and responsibility in connection verifying, the accuracy of
any such messages, communication, commentary, information, or content of any
kind provided by other users of the Website.
acknowledge that you understand that the Website does not screen or endorse
advertisements or communications submitted to the Website by third-party
licensees, advertisers, or users for electronic dissemination through the
Website. Users of the Website are therefore advised to use their own judgment
to evaluate all advertisements and other communications available at or through
the use of the Website, prior to responding to any communication at the
Some of the
content of the Website might be accessed by you via hyperlinks which will
connect you to third-parties, or to third-party websites that may provide
content to the Website. This Website has no editorial control, management or
supervision over the selection or display of the content provided by those
third parties or those third-party websites and those parties are solely
responsible and liable for that content.
and Removal of User-uploaded Information or Content. Although the Website
does not inspect, review, edit, control or otherwise manage any of the User
Content on the Website, the Company reserves the right, but not the obligation,
in the exercise of the Company's sole and absolute discretion, to disable
access to any User Content that the Company deems objectionable, contrary to
this Agreement, or illegal.
of Access to Service. We
may, in our sole discretion, terminate or suspend your access to all or part of
the Service at any time, with or without notice, for any reason, including,
without limitation, breach of this Agreement. Without limiting the generality
of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your access to all or part of the Service at our
sole discretion, with or without notice, and you may be referred to appropriate
law enforcement agencies. Users that infringe upon copyrighted material will
have their rights to use the Service terminated.
Service contains proprietary information. We assert full copyright protection
in the Service. The absence of an indication from us that information posted by
us may remain proprietary will not prevent that information from remaining
protected and proprietary. You agree not to modify, copy or distribute any such
information in any manner whatsoever without having first received the express
written permission of the owner of such information.
are not responsible for any criminal or civil allegations, charges, causes of
action, or claims arising from your use of, or your activities relating to the
use of the Services. Further, we are not responsible for any incidental,
consequential, special, punitive, exemplary, direct or indirect damages of any
kind whatsoever, which may arise out of or relate to your use of the Service,
including but not limited to lost revenues, profits, business or data, or
damages resulting from any viruses, worms, "Trojan horses" or other
destructive software or materials, or communications by you or other users of
the Service, or any interruption or suspension of the Service, regardless of
the cause of the interruption or suspension. Any claim against us shall be limited
to the amount you paid, if any, for use of the Service during the previous 12
months. We may discontinue or change the Service or its availability to you at
any time, and you may stop using the Service at any time.
the Communications Decency Act, 47 U.S.C. § 230(c)(1), you understand that the Company
operates as a provider of an interactive computer service and therefore the Company
responsibility for the content of any material posted by others, but the Company
reserves the right, in its sole discretion, to (i) edit or delete any
information or materials submitted to or appearing on our Website, and (ii)
refuse access to our Website to any person that violates this Agreement. Note that any such action
by the Company does not impact our status as the provider of an interactive
computer service and any associated immunity. The Company is immune from, and
cannot be held responsible for, claims arising from the publication or
transmission of the content of third parties. We do not create such content,
and we are not responsible for the publication of remarks or communications of
third-parties that may arguably rise to the level of being actionable. Please be aware that
bulletin boards, personal ads and advertisements, reviews, and chat rooms
contain the opinions and views of others, not necessarily of the Company, and
that the Company is not responsible for such views or the accuracy of any
messages on our Website posted by others.
Security. Your account is private
and should not be used by anyone else. You are responsible for all usage or
activity on the Service by users using your password, including but not limited
to use of your password by any third party.
Service may from time to time contain links to other World Wide Web Internet
sites and resources ("External Links"). We are not responsible for,
and have no liability as a result of, the availability of External Links or
their contents found thereon.
Indemnity. You agree to
indemnify us, our officers, directors, employees and agents, from any loss or
damages, including without limitation reasonable legal fees, which we may
suffer from your activities on or use of the Service, including without
limitation any breach by you of this Agreement or any charges or complaints
made by other parties against you. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve the right to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you; provided, however, that you shall remain liable for any such claim.
Service is provided and distributed on an "as is" basis. We do not
warrant that this Service will be uninterrupted or error-free. There may be
delays, omissions, and interruptions in the availability of the Service. Where
permitted by law, you acknowledge that the Service is provided without any
warranties of any kind whatsoever, either express or implied, including but not
limited to the implied warranties of merchantability and fitness for a
particular purpose. You acknowledge that use of the Service is at your own
risk. We do not represent or endorse the accuracy or reliability of any advice,
opinion, statement or other information displayed, uploaded or distributed
through the Service by the Company or any user of the Service or any other
person or entity. You acknowledge that any reliance upon any such opinion,
advice, statement or information shall be at your sole risk.
and copyright agents. The
Company respects the intellectual property of others and we expect the same of
you. Repeated infringement of copyrighted material by a user will result in
termination of that user’s right to use the Service. We have adopted a formal
policy relating to termination of repeat copyright infringers. A copy of the
policy is available upon request. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide our
registered DMCA Agent
Stark Reagan, PC
PO Box 7037
Troy, MI 48007-7037
- an electronic
or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
description of the copyrighted material that you claim has been infringed;
description of where the material that you claim is infringing is located
on our Website;
address, telephone number and e-mail address;
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; and
statement by you, made under penalty of perjury, that the above
information is accurate and that you are the copyright owner or authorized
to act on the copyright owners behalf.
Modifications. We may modify this
Agreement from time to time. Notification of changes in this Agreement will be
posted on the Service or sent via electronic mail, as we may determine in our
sole discretion. If you do not agree to any modifications, you should terminate
your use of the Service. Your continued use of the Service now, or following
the posting of notice of any changes in this Agreement, will constitute a
binding acceptance by you of this Agreement, or any subsequent modifications.
and Other Communication. We reserve the right to send electronic mail to you, for
the purpose of informing you of changes or additions to the Service, or of any Company
related products and services. We reserve the right to disclose information
about your usage of the Service and demographics in forms that do not reveal
your personal identity.
Assignment. You do not have the
right to assign this Agreement or any of your rights to the Service to anyone. The
Company. has the right to assign any or all of its rights and duties under this
Agreement or to the Service to any third party. At the election of the Company,
if its obligations hereunder are assumed by a third party, SOLSTICE GROUP, Inc.
shall be relieved of any and all liability under this Agreement.
dispute arising from this Agreement will be governed and determined by the laws
of California excluding any laws that direct the application of another
jurisdiction's law. As a condition precedent to the filing of any law suit
arising from this Agreement, the party asserting a claim shall provide prior
written notice of their intent to file suit, and the parties shall be required
to engage in good faith negotiations in the attempt to resolve any such claim.
Any dispute that arises under or relates to this Agreement will be resolved in
any court having jurisdiction in Los Angeles, California, and the parties
expressly stipulate to such venue and jurisdiction, and further waive any right
they may otherwise have to cause any such action or proceeding to be brought or