| TERMS
AND CONDITIONS OF USE FOR MANCHECK SUBSCRIBER |
|
|
| NOTICE: Before
You are authorized to visit or to access materials contained on MANcheck's
own sites and before You are authorized to visit or to access materials
contained on any of the independent "MANcheck Affiliated Sites"
(as that term is defined in the Agreement which follows) through the
use of MANcheck, You are required to read and accept the following Terms
and Conditions of Use (this "Agreement"). WHAT FOLLOWS IS
A CONTRACT. PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND
EVERY PROVISION CONTAINED IN THE AGREEMENT PRIOR TO DETERMINING WHETHER
YOU AGREE TO BECOME A SUBSCRIBER TO MANcheck. You are prohibited from
access to MANcheck's own sites or to the independent "MANcheck
Affiliated Sites" unless You have accepted the Agreement, which
follows. Authorized access to MANcheck's own sites and to any of the
"MANcheck Affiliated Sites" is limited to those persons who
have accepted the Agreement, which follows. Unauthorized access to any
of MANcheck's own sites or to any of the "MANcheck Affiliated Sites"
amounts to the crime of computer trespass or computer intrusion under
the laws of one or more jurisdictions. You indicate Your acceptance
of the following Agreement, the "Terms and Conditions Of Use for
MANCHECK", by clicking on the "Submit" button when You
apply to become a subscriber to MANcheck. Also, whenever You receive
the benefit of access to the content of MANcheck's own sites or of that
content contained in any of the "MANcheck Affiliated Sites",
You thereby indicate Your agreement with the "Terms and Conditions
Of Use for MANCHECK" as they may then have then been subsequently
modified, changed, altered or newly promulgated, and as they may have
been changed or added to, from time to time, in accordance with the
terms of the Agreement, which follows: |
| 1. Nature of
Agreement. This Agreement is made and entered into by and between "MANcheck"
(Diamont USA Inc a Floridian corporation), and "You", a subscriber
to MANcheck (You) for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by You and MANcheck, by
each of the following means indicating Your assent to the terms of this
Agreement: 1) by clicking on the "Submit" button on the "Join"
page, and/or 2) by accessing or otherwise taking advantage of the services
and entertainment and/or informational materials provided by MANcheck
and/or any of the "MANcheck Affiliated Sites". |
| 2. Definitions
and Electronic Signature. The terms "Member" and "Subscriber"
and their plural forms, regardless of capitalization, all have the same
meaning, and relate to or include You and do so regardless of capitalization.
The term "Your" relates to You. "Membership" and
"Subscription" and their plural forms are also synonymous
terms in this Agreement and relate to Your benefits and obligations
under this Agreement and Your relationship to MANcheck and its relationship
to You under this Agreement; It includes Your access to the websites
owned by MANcheck and the password access service that MANcheck will
provide You for Your access to the autonomous and independently owed
"MANcheck Affiliated Sites." Sites owned by independent web
site operators who have or will contract for commercial password access
services from MANcheck are referred to in this Agreement as "MANcheck
Affiliated Sites" or "Affiliated Sites". The use of "MANcheck
Affiliated Site" or "Affiliated Site" and their plural
forms each refer to a site that is a member of the class of "MANcheck
Affiliated Sites." Both "content" and "material"
and their plural forms are synonymous terms which include, without purpose
of limitation, every graphic image, whether still, streaming, or moving
and including any audio content associated with any of them, every sound
file, every animation, every design element, and all text contained
on or in any part of any page of MANcheck's own web sites or in any
page of any respective "MANcheck Affiliated Site". "The
material to which You will gain access" and the "The content
to which You will gain access" under this Agreement, are synonymous
terms and include, without purpose of limitation, all content of any
nature found at any time on MANcheck's own sites or on those of any
"MANcheck Affiliated Site." "Change" includes, without
purpose of limitation, any change, modification, alteration, the addition
and/or deletion of words, terms and paragraphs, and the whole promulgation
of a new Agreement and includes any plural form. You agree that by pressing
the "Submit" button after this or any subsequent agreement
has been proposed to You by MANcheck, You intend that act to have effect
as Your signature and to be bound by that digital signature for all
purposes in law as though You had manually signed Your signature to
the Agreement on paper with ink, knowing and acknowledging that such
an act creates a contract which may impose a financial liability upon
You. Similarly, You agree that by entering Your MANcheck username/password
combination to gain access to the contents of any MANcheck site or to
that of any "MANcheck Affiliated Site" in the future, You
intend that act to have effect as Your signature to the then-posted
"Terms and Conditions Of Use for MANCHECK" as they may be
subsequently modified, changed, or promulgated from this date forward,
and to be thereby bound by that digital signature for all purposes in
law as though You had manually signed Your signature to that Agreement
on paper with ink. |
| 3.
MANcheck's Services and MANcheck's Relationship with "MANcheck
Affiliated Sites". By this Agreement, and strictly subject to the
terms contained within it, MANcheck 1) agrees to provide You access
to its own web sites and a non-exclusive (but wholly revocable) PERSONAL
AND NONCOMMERCIAL license for Your exclusively private use of the content
(as it may change over time with the elimination of some entertainment
and/or informational content and the addition of other content of a
similar nature, there found and to be found on MANcheck's own sites)
for the exclusive purposes of Your recreation, entertainment, enjoyment.
Information and education, and 2) agrees to provide You with password
access services that will enable You to access a variety of entertainment
and/or informational websites described in this Agreement as "MANcheck
Affiliated Sites" which, by entering into this Agreement, You know
and acknowledge to be autonomous web sites, independently owned, operated,
controlled, designed and written by persons having no relationship with
MANcheck other than as commercial users of its password access and traffic
program. You agree and understand that MANcheck has absolutely no control
over the nature or amount of the respective content of any of these
"Affiliated Sites" nor the billing and business practices
of any of them. You understand and agree that there is no partnership,
agency, or employment relationship between MANcheck and any of the "Affiliated
Sites" and that MANcheck does not regularly nor routinely review,
examine, censor, or monitor any of these "Affiliated Sites".
You understand that the number, variety of such "MANcheck Affiliated
Sites", and the entertainment and informational contents of any
of them will not remain fixed, but that over time additions and eliminations
of such sites will take place and that the content found on any of the
respective "Affiliated Sites" will change both by addition
and elimination. When You log onto MANcheck by use of the username/password
combination that will be uniquely issued to You, You may enter into
a directory that includes links to both MANcheck's own sites and "MANcheck
Affiliated Sites". Should You click on a link to one of the "MANcheck
Affiliated Sites", You will be notified by a window that You have
left the content area owned and maintained by MANcheck and for which
it has operational responsibility. |
| 4. Modifications.
This Agreement is subject to change by MANcheck at any time; Changes
become effective immediately though any of the modalities described
in this Section, or though the use of any combination of several of
them, in the sole discretion of MANcheck: 1) upon posting of such changes
on the Internet at http://www.MANCHECK.com/tsubt&c.html or 2) upon
Email transmission to You or 3) after such posting or Email transmission,
when You next access any MANcheck website page or any page of any of
the "MANcheck Affiliated Sites", or when, after such posting
or Email transmission, Your monthly membership next renews, whichever
event shall occur first. You agree to read any Email sent to You by
MANcheck on a daily basis and not to filter or otherwise defeat the
transmission of Email sent to You by MANcheck and You agree to regularly
and frequently examine the Terms and Conditions for MANcheck Subscribers
as posted on at http://www.MANCHECK.com/tsubt&c.html at least as
frequently as You seek access to any MANcheck website page or any page
of any of the "MANcheck Affiliated Sites". |
| 5.Representations
in General. You agree that each of the representations You make in Sections
5., 6, 7. and 8. of this Agreement (and in any of their parts) is a
material representations going to the essence of this Agreement, and
that by making each You intend to induce MANcheck to enter into this
Agreement with you and to perform under this Agreement to your advantage.
You acknowledge that MANcheck relies and depends upon the truth of Your
following representations in entering into this Agreement with You and
in performing under it, that You are in a position of better knowledge
than MANcheck as to the truth of the representations You make to MANcheck
in this Agreement, and that it is impractical or impossible for MANcheck
to independently investigate into the truth of Your representations.
To the maximum extent permissible or possible under the laws of any
jurisdiction whose law may govern the execution of this Agreement, You
certify and swear to the truth of the representations of this Agreement,
and You make these representations under oath and under the penalties
provided in law for perjury and/or false swearing, because You know
them to be true on the basis of Your own personal knowledge. Your access
to view, read, hear, and examine and download the content to which You
will gain access under this Agreement is strictly conditioned upon the
truth of all of the representations and Your compliance with the promises
contained in Sections 5., 6., 7. and 8. of this Agreement in any of
their parts: Any access to or use of said content in violation of this
Agreement amounts to a material breach of this Agreement, a use outside
the license and permission granted in this Agreement exclusively for
personal recreation, enjoyment, and education, and Such access may also
amount to the crimes of computer trespass or computer intrusion under
the laws of one or more jurisdiction. |
| 6.
Representation as to Majority. You represent and certify to MANcheck
that You are an Adult who has reached the age of majority for all purposes,
with full and unimpeded competence and capacity to enter into this and
other binding contracts (and to lawfully view, possess, and use Adult
erotic materials) under the laws of the place where You give assent
to this Agreement and at every place where You shall access any MANcheck
website page or any page of any of the "MANcheck Affiliated Sites"
or where You may view or download any of its graphic or text content
or otherwise receive any benefit under this Agreement. You have attained
the age of eighteen years. If You are now located in Alabama, Mississippi,
Nebraska, or Wyoming, You represent that You have attained at least
twenty-one years of age. You agree that You will not access MANcheck,
nor upload nor download any sexually oriented content, nor view any
materials you have obtained from any of the web sites to which you will
gain access under this Agreement, in Alabama, Mississippi, Nebraska,
or Wyoming - or in or from any other place age-restricting access to
explicit sexually oriented content to persons of at least twenty-one
years of age unless You have attained the age of twenty-one. Upon request
of MANcheck, You will provide to its designated representatives a copy
of any and all documents it may request of You and You will render to
it such statements that it may, in its sole discretion, determine to
be of aid to it in establishing Your identity, Your age, the location(s)
where You have entered into this Agreement, the location(s) where You
access or download (or have accessed or downloaded) content from any
page of MANcheck's own web sites or any page of any of the "MANcheck
Affiliated Sites", or the location(s) where You otherwise receive,
have received, or will receive any benefit under this Agreement. |
| 7.
Disavowal of Illegal Purpose and Agreements Regarding Fraud. Limitation
on Authorized Access. You represent and certify to MANcheck that You
disclaim any and all unlawful or illegal or fraudulent purposes, aims,
or intentions or conduct in Your access to MANcheck's own web site pages
and to those of the "MANcheck Affiliated Sites", and in Your
dealings with MANcheck, including with respect to the tax laws of any
jurisdiction to which You are subject. You agree to refrain from any
and all unlawful, illegal, or fraudulent conduct in Your dealings with
MANcheck and in relation to any content to which You will gain access
under this Agreement. You represent that the credit card information
You supplied to establish or continue membership in MANcheck relates
to a bona fide credit card issued to You by a financial institution
under the number and with the expiration date and billing address You
have provided and that You obtained the use of that credit card without
fraud, misrepresentation, or illegality in Your application to the issuing
institution. You agree that You will never provide any credit card number
or other credit information to MANcheck that does not relate to a bona
fide credit card issued to You by an issuing financial institution,
under the number and with the expiration date and billing address truthfully
associated with an account owned by You, and that it will relate only
to a credit card which will have been issued to You without fraud, misrepresentation,
or illegality in Your application to the issuing institution. You agree
that will not make any untrue or fraudulent statement to any person
in evading or contesting the legitimate charges to which You have agreed
to be liable under the terms of this or any other Agreement with MANcheck,
and You agree that should You make any untrue or fraudulent statement
in this regard, You will be liable to pay MANcheck any reasonable costs
of legal representation that MANcheck or its designee may incur in collecting
such legitimate charges from You by way of informal collection, suit,
or both. You understand that by making false statements in connection
with Your financial obligations under this Agreement, You may be guilty
of the crime of Wire Fraud under the laws of one or more jurisdictions,
including those of the United States of America. |
| 7a. Material
Harmful to Minors. You understand that all or a substantial part of
the content to which You will obtain access through this Agreement is
harmful to minors. No person who is under the age of eighteen (18) years,
or who is otherwise barred by law from access to this content because
of a higher local age limit, may directly or indirectly view, download
or possess any of the contents of MANcheck or its "Affiliated Sites".
You agree that you will not permit, facilitate, aid, assist, abet or
tolerate any person in viewing or obtaining access to MANcheck or to
any material downloaded from MANcheck's own sites or from any of the
"MANcheck Affiliated Sites" who is not legally permitted to
have such access; Those persons include: 1) all persons under the age
of eighteen and 2) persons under the age of twenty-one years when such
persons are present in Alabama, Mississippi, Nebraska, and Wyoming;
and 3) persons present in any other jurisdiction imposing age-restriction
on such access to persons twenty-one or older who have not yet attained
that age. You agree to take all serious, effective, and necessary actions
to positively assure that neither Your password nor any material that
has ever appeared on any of the websites to which You will obtain access
under this Agreement will fall into the hands of minors nor be seen
by them during the period of their minority. |
| 7b. Representations
as to Your Knowledge of Laws and Community Standards Applying to You
in Relation to Obscenity Other Offenses. You agree that it is Your duty
to KNOW AND COMPLY with all of the laws, which have and will have effect
on Your conduct and You promise MANcheck, by entering into this Agreement,
that You will know and comply with all laws and regulations that apply
to You. You agree that You are responsible for knowing and understanding
all laws and regulations concerning adult-oriented erotic content (including,
by way of example and not by way of limitation, any laws concerning
matter harmful to minors and obscenity) having force and effect in every
jurisdiction to which you are subject when using MANcheck's services.
You also agree that You are responsible for knowing and understanding
Your relevant "contemporary community standards" to the extent
that these standards may form or establish part of the elements of the
offenses of Obscenity, Distribution of Obscenity, Distribution of Materials
Harmful to Minors, or any offense at all. All laws proscribing the delivery
or distribution of erotic materials and the applicable community standards
of every place where You shall access the materials to which You will
gain access under this Agreement are incorporated into this Agreement
and are made a part of this Agreement. MANcheck provides its services
worldwide. MANcheck in no way represents or warrants to You that the
content contained in MANcheck is compliant with all of the laws that
may apply to You in every place where You may access the content to
which You will gain access by entering into this Agreement. You acknowledge
that MANcheck does not know, and cannot reasonably be expected to know
by technical means available to it, the actual location at which You
have entered into this Agreement nor the actual locations from which
You will access MANcheck or its Affiliated Sites. You acknowledge that
You do know these locations Yourself and, by entering into this Agreement,
and by each act of subsequently gaining access to any content under
this Agreement you Agree that you are wholly familiar with the laws,
regulations, and "contemporary community standards" of each
place from which you do so. You agree that You will not view, receive,
receive for another, furnish, transmit, make available, or distribute,
directly or indirectly, any content to any person under circumstances
where such conduct would be illegal. You agree that should You download
and/or view any material from MANcheck's own web sites or those of any
"MANcheck Affiliated Site" that You believe to be illegal
(as obscene or otherwise, without limitation) at the place where You
are then located, You will immediately destroy any so downloaded and/or
viewed file in such a fashion that it cannot be recreated and IMMEDIATELY
report the event, including the URL, where You found the material, to
MANcheck at the following Email address: sales@mancheck.com. You hereby
represent and acknowledge and agree that You fully understand that the
content contained in MANcheck depicts explicit and extremely graphic
depictions of nudity and actual sexual conduct as part of an exploration
and celebration of the gay/homosexual lifestyle and that it includes
fetish content, including content with Sado-Masochistic themes, that
You are familiar with materials of these graphic genres on the Internet
and in contemporary society, and that neither You nor the prevailing
contemporary community standards of the places where You will obtain
access to such material are offended by frank and extremely graphic
depictions of these genres. This representation is a material term of
the essence of this Agreement. If You are offended by this genre of
graphic material, or if You may be so offended, or if You believe that
Your "contemporary community standards" would be patently
offended by such material, You cannot truthfully agree to this representation,
any access You may receive to the content described is outside the terms
of this Agreement, such a representation renders this Agreement void,
and any access to such materials by You under this Agreement may amount
to trespass or computer intrusions under the criminal laws of one or
more jurisdictions. |
| 7c. Limitation
on Access. All graphic content to which You will obtain access under
this Agreement is exclusively authorized for access and/or distribution
to persons (1) who have attained an age at which they are treated by
the laws of the jurisdiction in which they are present as adults for
the purposes of access to erotic materials that may be harmful to children,
(2) who become subscribers to MANcheck by entering into this Agreement
with MANcheck, (3) who are present in locations where such content does
not infringe upon or violate any law or regulation of any character
there in force and effect, whether federal, national, state, provincial
or local, in Canada or the United States, or of any other country or
territory which may have jurisdiction. Access outside these specified
criteria is unauthorized by MANcheck. Unauthorized access to MANcheck's
own sites or those of the "MANcheck Affiliated Sites" amounts
to the crime of computer trespass or computer intrusion under the laws
criminal laws of one or more jurisdictions. |
| 8. Disavowal
of Non-recreational Purpose. You promise that You shall never access
MANcheck for any purpose or reason resulting (even in part) from a duty,
obligation, task or mission that arises from any profession, occupation,
job, calling, or office of any character at all. By entering into this
Agreement, You represent and warrant to MANcheck that Your sole and
exclusive reason for access to MANcheck is Your own personal recreation,
enjoyment, and education: You further disclaim any purpose of investigation
or reportage. You particularly represent to MANcheck that You are not
a journalist, clergyman, law enforcement agent or officer, attorney,
paralegal or a person working with any of them, acting in any official
or professional capacity or role. |
| *****9. Credit
card charges. You grant permission to MANcheck to make charges to Your
credit card as provided and disclosed on the payment form and as further
provided under the terms of this Agreement. You agree that in entering
into this Agreement and obtaining a MANcheck password under this Agreement,
You will receive a membership with the term of your pre-selected choice
from http://www.mancheck.com/join which will grant you access to "MANcheck
Affiliate Sites" and may, if chosen, include a demo of MANcheck's
premium site and video service. At the conclusion of the membership
term, Your subscription will not renew at the listed rates for MANcheck.com
at the time of signup (unless canceled within the trial period) and
in accordance with the all terms agreed to at the time of signup including,
but not limited to this Agreement, as it may then have been modified
pursuant to the terms of this Agreement. You also agree to the terms
and conditions set forth by the independent billing company which are
recited or linked from the page by which You entered Your credit card
information at the time You subscribed to MANcheck as well as the provisions
of this Agreement. You agree to contact MANcheck customer support at sales@MANcheck.com or the billing company Epoch.com at support@billingsupport.com or CCBill.com
at consumersupport@ccbill.com with all
billing issues that may arise from surfers subscription to MANcheck.com.
Billing services are provided by
Epoch.com and CCBill.com. SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS.
THAT MEANS THAT YOUR CREDIT CARD WILL CONTINUE TO BE BILLED MONTHLY
BY MANcheck AT THE THEN-EFFECTIVE MONTHLY SUBSCRIPTION RATE UNTIL YOU
CANCEL YOUR MEMBERSHIP UNDER THE TERMS OF THIS AGREEMENT. IN ORDER TO
BECOME EFFECTIVE, A CANCELLATION OR TERMINATION MUST BE TRANSMITTED
TO MANcheck AND RECEIVED BY IT NO LATER THAN 24 HOURS BEFORE THE CURRENT
MONTH'S MEMBERSHIP IS TO END. CANCELLATIONS TRANSMITTED OR RECEIVED
WITHIN 24 HOURS BEFORE THE NEXT'S MONTH'S CHARGE IS TO BE INCURRED CANNOT
AND WILL NOT BE PROCESSED TO CANCEL THE ACCOUNT BEFORE THE NEXT MONTH'S
CHARGE IS INCURRED, AND SUCH CANCELLATIONS WILL TAKE EFFECT AT THE CONCLUSION
OF THE FOLLOWING MONTH. CANCELLATIONS MAY BE MADE BY USING OUR ONLINE
TOOLS OR BY EMAILING SUCH CANCELLATION TO: support@MANCHECK.COM WITH
YOUR USERNAME AND SUBSCRIPTION ID NUMBER (and with email return receipt).
MEMBERSHIP FEES ARE NON REFUNDABLE AND MANcheck MAY PERSUE BY COLLECTION
AGENCIES AND SUIT IN COURTS OF LAW ANY SUBSCRIBER KNOWINGLY DEFRAUDING
THE MANcheck BY CREDIT CARD CHARGEBACKS OR REFUNDS. IN CASES IN WHICH
WE SUSPECT BAD-FAITH ATTEMPTS TO STEAL THE VALUE OF ACCESS PROVIDED
TO YOU IN GOOD FAITH, YOUR IDENTITY MAY BE REPORTED TO THIRD PARTY BILLING
COMPANIES WHICH MAY PRECLUDE YOUR ABILITY TO SUBSCRIBE TO OTHER WEB
SITES. |
| 10. Copyright
and Intellectual Property. All content contained in MANcheck's own sites
and in the "MANcheck Affiliated Sites" is protected under
the law of copyright, and is owned by or is presented under license
to MANcheck or to one or more of the independent "MANcheck Affiliated
Sites" respectively, and such content represents proprietary and
valuable intellectual property. You cannot, under any circumstances,
access, view, download, receive and make use of said content except
as specifically and in writing authorized by the owner of the copyright
in the content or his, her, or its authorized licensee. You agree and
warrant that You will not use the content to which You gain access under
this Agreement in any public performance, nor in any commercial manner
whatsoever, nor republish them nor distribute them in any fashion to
any other person nor use any such in any manner inconsistent with the
intellectual property rights of the owner of the content. |
| 11. Password.
Upon becoming a member of MANcheck, MANcheck will provide You with a
unique Username and password combination, which allows access to MANcheck's
own sites and to the "MANcheck Affiliated Sites". The username
and password are, and shall remain, the sole and exclusive property
of MANcheck. The username and password are confidential and proprietary
material of MANcheck. You have a strict obligation to keep the username
and password confidential. Should the confidentiality of either Your
username or password become, or You have reason to believe that either
may have become, compromised or learned by a person other than You,
You agree to immediately to inform MANcheck via E-mail. You agree that
You incur liability under this Agreement for any unauthorized use and/or
disclosure of Your username/password combination caused by Your intentional
or negligent conduct. You agree that should You post, disclose, or share
Your username/password combination, online or offline, generally or
to any other particular person or persons, You will are liable to MANcheck
for the monthly membership fees, at the then posted rate, for each person
who has obtained access to MANcheck materials or materials found on
a "MANcheck Affiliated Site", for the duration of such access
before the incursions are detected and halted, together with the reasonable
costs of brining suit and recovering damages from You. Your acceptance
of the terms contained in this Section is a material term of this Agreement.
Remember Your ID and password, because MANcheck will not release that
information to anyone, including You, for any reason. |
| 12. Stolen,
Lost, Cancelled Credit Card. If the address or any other information
pertaining to Your credit card is changed for any reason, or if Your
credit card is lost, stolen, or cancelled, You agree to immediately
inform MANcheck via e-mail with return receipt. Your failure to do so
is a material breach of this Agreement. |
| 13. Indemnification
and Defense. You agree to defend (though counsel of MANcheck's own selection)
and to indemnify and hold MANcheck and any of its owners, operators,
employees, agents and attorneys harmless from any liability, damages,
claims, actions, prosecutions, arbitration or mediation proceedings
or suits (including all costs and attorney's fees) arising in any way
out of Your use of a MANcheck username/password combination or the receipt,
viewing, transmission or retransmission, or use of any content to which
you gained access under this Agreement, or from any other matter whatsoever
arising from these terms and conditions or arising from any services
rendered to You by MANcheck. You agree to defend MANcheck (through counsel
of its own selection) and to indemnify and hold MANcheck and any and
all of its owners, operators, employees, agents and attorneys, harmless
from and against any and all liabilities, claims, damages and costs
(including for example and not by limitation, attorney's fees, government
fines or forfeitures) if such liabilities, claims, damages or costs
arise from any breach or alleged breach by You of any promise, covenant,
representation or warranty made by You in this Agreement, including
but not limited to attempted or actual unauthorized access, downloading,
viewing, retransmission, duplication or other unauthorized use of any
content, including but not limited to any disruption of the any web
site mentioned in this Agreement, which was caused directly or indirectly
by Your intentional act or negligence. |
| 14. Disclaimer
of any Warranties. MANcheck GRANTS NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED
BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MANcheck,
ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS SECTION. NO TERM OF THIS AGREEMENT MAY BE MODIFIED
OR CHANGED EXCEPT IN WRITING AND NO ORAL REPRESENTATION OR STATEMENT
OF ANY REPRESENTATIVE OF MANcheck IS RELIED UPON BY YOU IN ENTERING
INTO THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ALL CONTENT PROVIDED
IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY SORT WHATSOEVER.
MANcheck IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION OF
CONTENT OR PROGRAM DOWNTIME, NOR FOR ANY VIRUS, TROJAN HORSE, WORM,
OR OTHER DELETERIOUS PROGRAM OR INSTRUCTION THAT YOU MAY RECEIVE AS
A RESULT OF YOUR MEMBERSHIP IN MANcheck. IN NO EVENT SHALL MANcheck
BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS
OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF, OR INABILITY TO USE, MANcheck OR THE CONTENTS THEREOF,
EVEN IF MANcheck WAS PEVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. SOME JURISDICTIONS
DO NOT PERMIT A DISCLAIMER OF CONSEQUENTIAL DAMAGES; YOU SHOULD CONSULT
THE LAWS OF THE RELEVENT JURISDICTION IN ORDER TO DETERMINE THE EFFICACY
OF SUCH A DISCLAIMER. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY
IN THE EVENT OF A BREACH OF THIS AGREEMENT BY MANcheck IS A REFUND OF
NO MORE THAN ONE MONTH'S MEMBERSHIP FEE. |
| 15. Mutual Right
to Cancel. Access to MANcheck may be terminated by You at any time,
with or without cause. In such event, You agree to be personally liable
for all charges incurred by You during or through the use of MANcheck
until the expiration of Your subscription period but if communicated
or received within 24 hours before the end of a subscription period,
it shall become effective only at the end of the next following billing
period. Your access to MANcheck may also be terminated by MANcheck at
any time, with or without cause and with or without prior notice. In
such event, You will be refunded any unused portion of Your membership
fee. |
| 16. Disclaimer
of Responsibility for Content of Third-party Advertisements. MANcheck
does not censor, screen or endorse advertisements or communications
submitted to it by third-party licensees, advertisers, or visitors for
electronic dissemination through MANcheck. MANcheck does not regularly
nor routinely review nor censor the contents of any of the "MANcheck
Affiliated Sites" and it does not control the contents or business
practices of any of them. You are advised to use Your own judgment to
evaluate all advertisements and other communications available at or
through the use of MANcheck prior to purchasing goods and/or services
described or advertised on MANcheck or on any of the "MANcheck
Affiliated Sites". You agree to hold MANcheck harmless for any
loss or damages occasioned by any advertisement, which may appear on
any site to which You will gain access under this Agreement. You acknowledge
and agree that MANcheck is not responsible for any contact that You
may receive as a result of Your use of the MANcheck password or resulting
from Your visit to any site accessed by use of the MANcheck username/password
combination, whether such contact is from cyberspace, by telephone,
though e-mail, by snail mail, or in person, or consisting of advertising
spamming, solicitation, or recruitment. You specifically agree and consent
that MANcheck and its Affiliates and any of its Associates or designees
may send You email, newsletters, and advertisements from time to time. |
| 17. Choice of
Law, Exclusive Jurisdiction. You further acknowledge and agree, by applying
for or accepting membership to MANcheck, that these terms and conditions
shall be construed under and pursuant to the laws of the State of Delaware
(exempting and disregarding only its laws, decisions, and rules of law
concerning choice of law) and the sole and exclusive jurisdiction and
venue for any action to enforce, interpret or otherwise deal with these
terms and conditions, arising in any manner from or involving MANcheck
or concerning any rights or causes of action of any sort or kind arising
from their relationship or dealings or acts by You or MANcheck in connection
or relation to one another, regardless of whether others may be also
involved, shall be in the State of Delaware, in the courts of that State
or in the Untied States District Court for the District of Delaware.
You agree to the personal jurisdiction of the courts of Delaware and
the United States District Court located in Delaware. |
| 18. Privacy
Policy. You agree that MANcheck may, freely, for any sound business
purpose, disclose, disseminate, sell, lease or transfer any private
information or correspondence provided to it by You or otherwise obtained
from any source concerning You to any other person. All data, information,
compilations, statistical analyses, profiles, membership history and
transaction records are the sole and absolute property of MANcheck and
all such information, including that obtained from You, may be used
for any sound business purpose. |
| 19.
Disclaimer of liability for technical interruptions and damage to equipment
and programs. MANcheck does not guarantee or warrant the compatibility
of Your equipment, computer or software, (including but not limited
to, the type of computer, computer configuration, compatible codex or
codices, browser software, other software, dial up account, TCP/IP,
Winsock [or equivalent in any operating system] or online service) with
its own sites nor with any of the "MANcheck Affiliated Site"
nor with the content of any of them. MANcheck is not responsible for
any interruption in Your service or Your inability to access MANcheck's
own sites nor ay of the "Affiliated Sites" due to technical
difficulties or failure of the internet, world wide web, phone lines,
switching or any other causes beyond its control. You assume all risk
and accept all responsibility for any and all use of a MANcheck Membership,
for access to MANcheck's own sites and any "Affiliated Site"
and for the use of any materials or content (including programming,
code, software, encryption, data or other information technology) obtained
from either. |
| 20. Severability.
In the event that any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall
not affect any other provision hereof, and this Agreement shall be construed
as if such invalid, illegal or unenforceable provision(s) had never
been included |
| 21. Whole Agreement.
Prior Discussions and Agreements. You acknowledge, represent and warrant
that You have read these terms and conditions and agree to be bound
by them (as they may be modified in accordance with the terms of this
Agreement) as part of and in consideration of Your MANcheck membership.
You agree that this Agreement fully and completely integrates and incorporates
the whole and exclusive terms of all agreements between You and MANcheck,
subject to the provisions of this Agreement providing for change, and
You agree that all prior discussions, agreements, or negotiations between
the parties are either rescinded by mutual agreement or have been integrated
into this Agreement, but that none any longer survives as a matter that
is enforceable independent of the terms of this Agreement. No third-party
rights inuring to the benefit of MANcheck as the result of any contract
or agreement you may have with any other person are prejudiced by the
provisions of this Section. You acknowledge that any separate agreement
into which you may have entered or will enter with a Third Party Billing
Company remains or will remain fully binding upon you. |
|
CLOSE WINDOW |
|
|