Terms Of Use - Visitors
User Agreement. This Agreement constitutes your agreement with Wintice
Group, Inc. (the Company), with respect to your use of
Men4RentNow.com (the Site or 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. As used in this
Agreement, "we" and "us" shall refer to Wintice Group,
Inc., or any successor or assign of Wintice 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.
Disclaimer with Advertisers. This site provides
information of interest to viewers. We also accept advertising from product and
service providers. All product and service providers are independent
advertisers and we have no relation with said providers other than accepting
paid advertising from them. Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through our web site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Wintice Group, Inc.
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the site.
Right to Use. Your 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 represent, warrant and covenant that you are at least
18 years old and do not find adult oriented materials to be offensive. You
understand that this site contains links to pages containing adult oriented
materials.
Code of Conduct. You agree
to use the Service in accordance with the following Code of Conduct:
a.
you are entering and using this site purely for the purpose of
personal entertainment;
b.
you take full responsibility for any business conducted with the
independent advertisers that purchase advertising space on this site and waive
all claims of liability against Wintice Group, Inc., its past and present
officers, directors, employees, representatives, agents, affiliates, and
subsidiaries and you agree to hold harmless and/or indemnify Wintice Group,
Inc., and its past and present officers, directors, employees, representatives,
agents, affiliates, and subsidiaries;
c.
you
will not allow any minor access to this Site or Services;
d.
you will keep all information provided to you through the Service
as private and confidential and will not give such information to anyone
without first obtaining the written permission of the person or entity who
provided it to you;
e.
you will not use the Service to engage in any form of criminal
conduct and/or activity, harassment or inappropriate behavior, including but not
limited to the posting of communications, pictures or recordings which contain
libelous, slanderous, abusive, defamatory or racist statements;
f.
you will not transmit any content which may be deemed as
unsolicited or commercial advertising, including but not limited to sending
spam, promotional material, and any other form of solicitation, including
soliciting users to join or acquire membership at any other website;
g.
you will not use the Service to infringe the privacy rights,
property rights, or other civil rights of any person;
h.
you will not post messages, pictures or recordings or any other
content or use the Service in any way which:
i.
violates, 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
ii.
is fraudulent, represents someone other than yourself, or is
otherwise unlawful or violates any law; or
iii.
includes photos or ads portraying illegal activity, underage
children, or explicit drug use; or
iv.
includes photos that do not match your textual description or
include people other than yourself or a consenting partner;
i.
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, unless you are a registered advertiser
(i.e. an escort, masseur, or model) on this site who has truthfully and
accurately represented to us that it is lawful to advertise and provide the
goods and /or services being offered by that registered advertiser;
j.
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;
k.
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 laws.
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 you may
receive from other users or advertisers.
We cannot
guarantee, and assume no responsibility for verifying the accuracy of the
information provided by other users of or advertisers on the Service.
It is our
policy to respect the privacy of others; however, 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 web site violates the rights of third-parties; or
(iv) to protect the rights, property or personal safety of you, Company, its
Content Providers, others, and the public.
Monitoring
of Information. Although under no legal obligation to do so, we reserve the right
to monitor from time to time all advertisements, public postings and messages
to ensure that they conform to the content guidelines and/or laws that may be
applicable to this Agreement.
Removal of
Information. While we do not and cannot review every message or other material
created, posted or sent by users and/or registered advertisers of the Service,
and are not responsible for any content of these messages or materials, we
reserve the right, but in no way are legally obligated to delete, move, or edit
messages, materials or other content, including without limitation
advertisements, public postings and messages, that we, in our sole discretion,
deem to violate the Code of Conduct set out above, any applicable content
guidelines, or any applicable laws, or to be otherwise unacceptable. You shall
remain solely responsible for the content of advertisements, public postings,
messages and other materials you may upload to the Service or users of the
Service.
Termination
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.
Proprietary
Information. The Service contains proprietary information. We assert full
copyright and trademark protection in the Service. The absence of an indication
from us that information posted by us is 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.
No
responsibility. We
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, nature or description 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 computer and /or internet
related 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. You agree that any claim against us shall be limited
to the amount you paid, if any, for use of the Service during the previous 12
months before the claim. 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.
Pursuant to the Communications
Decency Act, 47 U.S.C. § 230(c)(1), you understand that Company operates as a
provider of an interactive computer service and therefore Company assumes no responsibility for the content of any material posted by
others, but Company reserves the right, in its sole discretion, to (i) edit or
delete any information or materials submitted to or appearing on our web site
and (ii) refuse access to our web site to any person that violates these Terms
of Use.
Note that any such action by Company does not impact our status as the provider
of an interactive computer service and any associated immunity. 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 web site posted by
others.
Security. Your
account is private and should not be used by anyone else. You are solely
responsible for any and 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.
Other Links. The 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 the contents
found thereon.
Indemnity. You agree
to indemnify us, our past and present officers, directors, employees,
representatives 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 exclusively liable for any such claim.
No
Warranties. The 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
and you acknowledge and agree that you knowingly and voluntarily assume any
risk associated with use of the Service. We do not represent or endorse the
accuracy or reliability of any advice, opinion, advertisement, statement or
other information displayed, uploaded or distributed through the Service by
Wintice Group, Inc. 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.
No resale of
material from our website: You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purpose, any portion of the
materials from our web site.
Copyrights
and copyright designated agents. 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:
Peter Arvant, Esq.
Stark Reagan, PC
PO Box 7037
Troy, MI 48007-7037
dmca@starkreagan.com
with the following information:
(i)
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
(ii)
a
description of the copyrighted material that you claim has been infringed;
(iii)
a
description of where the material that you claim is infringing is located on
our web site;
(iv) your address,
telephone number and e-mail address;
(v)
a
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
(vi) a 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.
Copyright -
Repeat Infringement Policy: This website has adopted a repeat infringement
policy. A copy of this policy is available upon request. If you would like a
copy, please email us at customerservice@m4rn.com.
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
must 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.
Disclosure
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 Wintice Group, Inc. 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. Wintice Group, Inc. 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 Wintice Group, Inc., if Wintice Group, Inc.'s obligations hereunder
are assumed by a third party, Wintice Group, Inc. shall be relieved of any and
all liability under this Agreement.
Jurisdiction. Any
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
tried elsewhere.
Any and all
questions regarding the Terms and Conditions should be submitted to: customerservice@m4rn.com.