Terms & Conditions for using Massage M4M.com

The following terms and conditions of use (the "Terms and Conditions") govern your ("You") use of the MassageM4M.com Web site (http://www.MassageM4M.com), which shall include, without limitation, several EMMEDIA INC publications within one common industry category, and all content thereon (the "Site") as provided by EMMEDIA Inc. ("EMMEDIA" 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.

 

Services Available on the Site.

EMMEDIA may make certain services available to individuals who register on the Site ("Registered Users") and general visitors to the Site ("Visitors") (Registered Users and Visitors are collectively referred to as "Users"). For example, Users may be able to register to receive a print publication or an e-mail newsletter, participate in forums or moderated discussions with other Users, post messages for other Users to read, post comments on a bulletin board, post and respond to classified ads, or enter a sweepstakes (collectively, "Services ", and with the Site, the "Site ").

 

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Internet Access.

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. EMMEDIA shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

 

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Proprietary Rights.

As between you and EMMEDIA (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.

 

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User Information.

In the course of your use of the Site, you may be asked to provide certain information about yourself to us ("User Information"). EMMEDIA information collection and use policies with respect to such User Information are set forth in the Site Privacy Policy You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

 

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Submitted Material.

Any information or material that you submit or send to EMMEDIA 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, tortious, 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 EMMEDIA 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.

 

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Violation of Terms of Use and Damages.

EMMEDIA will seek any and all damages for violations of the terms of use of massagem4m.com. Furthermore, EMMEDIA will prosecute any attempts of commercial solicitation of any Users and/or paid advertiers on massagem4m.com. Damages for each attempt are charged against any person(s) and/or organizations involved in the attempt at $10,000 per incident, per message, per posting and/or per person reached by each attempt. EMMEDIA will seek all remedies for any kind of violation of prohibited activites as listed in this Terms of Use agreement, including but not limited to, preliminary and permanent injunctive relief, money damages, a defendant's profits, attorney's fees, etc.

Any users who infringe upon the copyright or other proprietary rights of other entities or individuals more than once will have their accounts deactivated, be removed from the site and will no longer be allowed to advertise on MassageM4M.com

 

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No Endorsement.

EMMEDIA does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does EMMEDIA endorse any opinions expressed by Users or others, such as responses provided in the "Ask the Expert" portions of the Site. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of EMMEDIA.

 

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MassageM4M Official Masseur Review Policy

We have set the following policies in place to ensure that our review system is fair, truthful, and accurate. Our policies apply to all and no exceptions will be made. MassageM4M.com and its members welcome Reviews as an important contribution to the MassageM4M.com online community. They are an effective way to tell other bodywork lovers about a masseur's techniques and talents, and to help describe the experience to those who may be new to massage and bodywork. Because one of our goals is to increase awareness and appreciation of the benefits of the art of massage and bodywork, we encourage positive Reviews that reflect the spirit of health and happiness that bodywork helps promote.

Massage Reviews: Massage reviews displayed by MassageM4M.com are a representative sample of reviews received for massage therapists. The reviews are intended as a guide only and may not reflect the experience a client has with a massage therapist. Massage reviews are in no way a warranty, promise or otherwise guarantee of performance by the massage therapist.

Review Submissions: Only Reviews where the Reviewer has verified their email address will be posted. Reviews may only be posted by verified reviewers and not massage therapists. If a massage therapist writes a review for himself, the review will be removed and the massage therapist may be removed from the site. After submitting a review, an email will be sent to the Reviewer to "verify" their email address. If the activation link in the email is not clicked, the review WILL NOT be posted. If the reviewer does not receive this email, they can contact us for a duplicate to be sent out.

Approval Policy: All reviews on MassageM4M.com are examined by our staff and adhere to a strict agreement between MassageM4M.com and its massage therapists. MassageM4M.com's staff has full discretion as to what reviews are acceptable. Any reviews containing inappropriate content, including profane, sexually explicit, and/or libelous content will be rejected. If a Review is accepted, it will usually be posted on the website within two business days.

Favorable/Unfavorable Reviews: Favorable reviews in which a client states they will hire the massage therapist again will be posted to the massage therapists ad and will be viewable at the massage therapists discretion. Unfavorable reviews will be posted to the masseurs ad and will be viewable to Premium MyMassageM4M Clients unless otherwise arranged by the MassageM4M staff.

Rights & Licensing: By posting content in the Reviews section of MassageM4M.com, you grant MassageM4M.com's owner, EMMedia, Inc. ("the Company"), its members, and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide on MassageM4M.com and other websites, and/or to incorporate it in other works in any form, for the full term of any rights that may exist in such content. You also permit any User to access, display, view, store and reproduce such Testimonial Content for personal use. Complaint, Grievance or Loss - The Testimonials system is designed to give feedback and descriptions of services provided by MassageM4M.com members, not to report complaint, grievance, or loss. Any complaints against a practitioner should be directed to appropriate legal or regulatory channels.

Liability: Content submitted in the The Review system has not, in any way, been verified by the Company and affiliates, and therefore they shall not be held responsible for error, inaccuracy, or misrepresentation. Reviews are individual opinions and do not represent the views of the Company, its members or its affiliates.

 

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Unsolicited Materials.

Unless specifically requested, EMMEDIA does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.

 

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User Conduct.

You warrant and agree that, while using the Site, you shall not:

• » Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
• » Restrict or inhibit any other User from using and enjoying the Site;
• » Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• » Impersonate, or misrepresent your affiliation with any other person or entity;
• » Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
• » Engage in spamming or flooding; or
• » Attempt to gain unauthorized access to other computer systems through the Site.

 

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Prohibited Activities

You warrant and agree that, while using the Site, you shall not:

• » Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
• » Restrict or inhibit any other User from using and enjoying the Site;
• » Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• » Impersonate, or misrepresent your affiliation with any other person or entity;
• » Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes;
• » Engage in spamming or flooding; or
• » Attempt to gain unauthorized access to other computer systems through the Site.

Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.

You agree to defend, indemnify and hold EMMEDIA, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.

 

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DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EMMEDIA DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EMMEDIA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMMEDIA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

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LIMITATION OF LIABILITY.

IN NO EVENT SHALL EMMEDIA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF EMMEDIA OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL EMMEDIA BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF EMMEDIA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO EMMEDIA FOR YOUR ACCESS TO OR USE OF THE SITE.

 

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Links to Other Sites.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with EMMEDIA of such sites or the content, products, advertising or other materials presented on such sites. EMMEDIA does not author, edit, or monitor these Linked Sites. You acknowledge and agree that EMMEDIA is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

 

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Applicable Laws.

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.

 

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Miscellaneous.

The Terms and Conditions and the relationship between you and EMMEDIA shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and EMMEDIA 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 Los Angeles. You and EMMEDIA each agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County in the State of California The failure of EMMEDIA 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.

 

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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.

 

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Notification of Claims of Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify EMMedia's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:


or:

Copyright Agent
EMMedia, Inc. Legal Department
9903 Santa Monica Blvd
Suite 978
Beverly Hills, CA 90212
FAX: 310-388-1314

Please provide our Agent with the following Notice:
a) Identify the material on the MassageM4M site that you claim is infringing, with enough detail so that we may locate it on the website;

b) 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;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are the authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

EMMedia will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Counter-Notice.

If you believe that your photos or materials that were removed (or to which access was disabled) are not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the photos or material, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the photos or materials that have been removed or to which access has been disabled and the location at which the photos or materials appeared before being removed or disabled;

A statement that you have a good faith belief that the photos or materials were removed or disabled as a result of mistake or a misidentification of the photos or materials; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by MassageM4M, it may send a copy of the counter-notice to the original complaining party informing that person that it may replace the photos or materials removed or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the photos or materials provided, the removed materials may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MassageM4M's sole discretion.

 

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Disclosure of Information.

MassageM4M has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.massagem4m.com/privacypolicy.cfm

Your use of the MassageM4M website or the service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that MassageM4M may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the terms and conditions; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property or personal safety of MassageM4M, its users or the general public.