You must be 18 years of age or older to use this website. By using this site you are bound by our Terms and Conditions of Service. Please do not proceed if you do not agree to be bound by this document.
Please read this page carefully. This page states the terms and conditions ("The Terms and Conditions”) which govern your (“You”) use of the Gaymassagennow.com Web site (http://www.GayMassageNow.com”). which shall include, without limitation any of the GMN Company’s publications within one common industry category, and all content thereon (the "Site") as provided by the GMN company. ("GMN" or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
GMN (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals accessing this web site for any reason.
GayMassageNow.com (the "Website") is a passive conduit for the online distribution and publication of information submitted by massage therapy professionals who wish to market their services. Access to this information is available free of charge. The Company does not verify this information and does not guarantee the accuracy, completeness, or timeliness of the information or claims contained therein. The Company uses reasonable efforts to keep the information contained on The Website current, but it assumes no liability to do so, and acknowledges no responsibility or liability for any misrepresentations, errors, or omissions that might appear on the Website's pages.
Individual massage therapists or other service providers and advertisers may make certain claims of specialty, experience or competence within their listing on The Website. No such claims have been investigated or confirmed by The Company. Most states and some municipal governments require massage therapists to acquire licenses before practicing their trade within the jurisdiction. The Company does not in any way endorse, guarantee or warrant the licensure, qualifications or abilities of any individuals or businesses appearing on The Website, nor does it guarantee or endorse the quality or efficacy of any services or products offered thereby. By utilizing The Website's directory, you understand that you are ultimately responsible for confirming the qualifications of any provider you may choose, and for determining the appropriateness of any service or product that is offered.
Use of Web Site Content.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. GMN shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
As between you and GMN (including our affiliates), we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed or approved in writing by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material, including (1) in violation of any applicable law or regulation, (2) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (3) that is defamatory, obscene, threatening, abusive or hateful.
Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals seeking to advertise their massage therapy services to the general public, and by individuals searching those advertisements. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or information to deceive site visitors.
Using the GayMassageNow database for any purpose other than as a massage therapy patron seeking a massage therapist, including but not limited to using the information in the Database to sell or promote any products or services.
Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a listed massage therapist on the Web Site. Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately large load on any the Web Site's infrastructure.
If You have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Web Site.
Framing of or linking to any of the Web Site Content or information available from the Web Site.
When You register for the Web Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.
Newsletter & Promotion List
By signing up, you agree to add your contact information to our email list for future announcements, promotions and news.
As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Web Site You agree not to, do the following things: post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic on topic-specific message boards; post a sexually explicit image or statement; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its web hosting company or other suppliers.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY THE COMPANY AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
Any information or material that you submit or send to GMN or otherwise make available on or through the Site ("Your Material") will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you:
Agree and acknowledge that Your Material will not be treated as confidential or proprietary. Represent and warrant that Your Material:
• Is original to you and that no other party has any rights to the material;
• Does not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
• Does not contain a virus or other harmful component; and
• Does not contain any advertising or promotional materials and or information of any kind, or false or misleading indications of origin or statements of fact.
• Grant GMN the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
• You also warrant that any "moral rights" in Your Material have been waived.
You also permit any subscriber or site visitor to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to massage therapy or are otherwise misleading contained in a massage therapy posting are prohibited.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your registration or password.
The Company's Liability.
GayMassageNow.com is only a venue. This Web Site acts as a venue for massage therapists and bodywork professionals to post advertisements and does not screen the listings offered. The Company is not involved in the actual transaction between massage therapists and potential clients. As a result, the Company has no control over the quality, safety or legality of the advertisements posted, the truth or accuracy of the advertisements, or the skills of the massage therapists. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers. You assume all risks associated with dealing with other users with whom You come in contact through the Web Site.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that You will use caution and common sense when using this Web Site.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Web Site Content. The use of the Web Site Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any advertisement contained therein placed by You on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Links to Other Sites.
The Web Site may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use.
LIMITATION OF LIABILITY
THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access this Web Site and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (1) any material You provide to the Web Site, (2) any Web Site Content that You use or (3) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms and Conditions and the relationship between you and Spalrity shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Spalrity agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of California, County of San Francisco. You and Spalrity each agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County in the State of California The failure of GMN to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services.
We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Rights Of Others.
The Company respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, You agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
Digital Millennium Copyright Act Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and e-mail address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 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.