Effective Date: September 6, 2012
Last Modified: June 3, 2017
You, the User - As the User of this Site and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns. You certify that You are over eighteen (18) years of age and competent to enter into this Agreement.
User vs. Member - For the purposes of this Agreement, all Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing this Site or Services in any way. You need not become a Member of the Site to make this Agreement apply to You. You become a Member by registering with the Site, as discussed below. Masseur / Advertisers – Users seeking to advertise massage therapy & related services may register as such, upon Site approval. For additional information regarding using the Site and its Services as an Advertiser please visit: https://www.massagem4m.com/legal/advertiser-agreement/.
Electronic Signatures / Assent Required.
Nobody is authorized to access the Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar federal and state laws. You manifest Your agreement to this contractual Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Site’s interface, then you have legally agreed to all of these Terms and Conditions. Additionally, by using the Site or Services in any manner, including uploading Your Material (as defined below) to Our Site, 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.
If You fail to electronically sign, or otherwise agree to this Agreement, You understand that You are an unauthorized user of the Site and Services, despite any payments made or services provided to You. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Our Services. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay Us two hundred and fifty dollars ($250) each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including Attorneys’ fees and costs, incurred in collecting this unauthorized access fee from You.
Incorporations by Reference.
Although this Agreement represents the primary terms and conditions of service for Our Site, additional guidelines and rules are hereby incorporated by reference. The documents which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
Regarding Advertisers Who Advertise on MassageM4M.com.
MassageM4M.com is an advertising website for Masseurs and other related Service Providers operated by EMMEDIA. The Advertisers who advertise on MassageM4M.com are neither employees of nor independent contractors for EMMEDIA. EMMEDIA has no control, whatsoever, over any Advertiser who advertises on MassageM4M.com nor does EMMEDIA have control over any aspect of the Advertisers business. EMMEDIA makes no representation or warranty, express or implied, for the qualifications, certifications, or professional representations of any Advertiser who advertises on MassageM4M.com. Finally, EMMEDIA expressly disclaims any liability resulting from any actions by Advertisers who advertise on MassageM4M.com. Individuals who receive services from Advertisers advertising on MassageM4M.com do so at their own risk.
Fraud & Scam Warning – The Site specifically and emphatically warns Members never to send money to anyone that they meet on the Site, or with whom they interact using the Communication Features. The Site has no way of determining the validity of any communication that You receive from another Member or the validity of the person behind such communication. You expressly understand and agree that if any other Member that You are in communication with on this Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, You are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting Member immediately to the Site Administrator.
THIS SITE MAY NOT BE USED FOR THE ADVERTISING OF SEXUAL SERVICES OR TO ENGAGE IN ACTIVITIES REQUIRING THE PAYMENT OF MONEY FOR SEX OR OTHER ILLEGAL ACTIVITIES.
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.
Membership & Member Account.
To access certain features of the Site and Services, You must register as a My MassageM4M Member (“Member”) of the Site. At this time, there are no additional fees for use of the Site or Services, with the exception of available membership upgrades and/or accessing the Site’s premium features or options.
You are permitted to create only one account with the Site.
Membership and/or access to Your account may not be transferred or sold to a third party. The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access, the Site may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws. For additional details regarding our current Membership options, please visit: https://www.massagem4m.com/login/.
Purchases, Fees & Account Charges.
Payment – You are responsible for any and all purchases or fees associated with your Member Account, and agree to pay the same immediately upon purchase with a valid payment method. We reserve the right to discontinue acceptance of any particular payment method at any time. You agree to make any and all required payments immediately when due, in accordance with Our stated billing policy, or that of Our third party billing agent. You understand and agree that You are responsible for any and all fees or penalties that are associated with Your account.
Billing Policy – We reserve the right to contract with a third party entity to process transactions associated with Our Site. Such third party entity may impose additional terms and conditions governing its payment processing services. You are responsible for abiding by such stipulations. We disclaim any liability in relation to Your violation of such stipulations.
Billing - Credit Card Authorization Form & Identification - We reserve the right to require a Credit Card Authorization Form on file as part of our Fraud Defense Policies for our business. Any Member who creates an advertisement on the Website may be required to send in a Credit Card Authorization Form, along with copies of a government-issued Drivers License OR a valid Passport. Your account will be placed on HOLD until such time that we can verify the information You provide to Us. Billing adjustments will be made in the event that we were able to successfully satisfy our requirement for proof of your identification. In the event of Fraud Use and our review of your attempt to use a credit card fraudulently, we will NOT issue any refunds of any kind. If you do not provide us with the required information, we will keep your account on HOLD for up to 90 days then you will lose any days-credit on HOLD for your account. We do NOT issue refunds in these situations.
Third Party Billing Entities - In general, your credit card transactions will state "EMMEDIA INC 877-824-0423". You can always contact us with any of your billing questions at anytime and we are happy to respond to your request within one business day. At times, we will use alternative billing & credit card processing partners / vendors. There is clear indication of which company you will be using as you process your transaction for MassageM4M.com. Please be sure to pay attention to the name of the company we are using to bill for your services, at the time that you sign up for your service. The following companies are currently working with us as THIRD PARTY BILLING ENTITIES for credit card billing (as of March 1, 2015):
- EMMEDIA INC
- EMMEDIA INC 877-824-0423
- EMMedia Web Services, Ltd., 3rd Floor Ulysses House, Foley Street, Dublin 1
- EMMEDIA WEB SERVICES
- SegPay - Please visit SegPay, our authorized sales agent
- SegPay.com*EMMEDIA INC
Chargebacks – EMMEDIA adheres to a strict zero tolerance policy for chargebacks. Any active Member Account causing a chargeback will be immediately blocked and removed from the Site. Members wishing to reactivate an Account after a chargeback will be required to pay the total chargeback amount in full, a fifty dollar ($50) administration fee, and provide a credit card authorization form accompanied with legible copies of a valid government-issued ID and credit card payment information. EMMEDIA reserves all rights to deny reactivation at its discretion.
Refund Policy – EMMEDIA is unable to offer refunds at this time.
Stolen and/or Fraudulent Use of Payment Methods – We take fraud very seriously. Discovery that any Member has stolen or fraudulently accessed a payment method will result in the notification of the appropriate law enforcement agencies and termination of the associated Member Account.
Termination of Member Account
Members may cancel most Member Accounts at any time by accessing your account settings page.
Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if: (a) We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference; (b) We are unable to verify or authenticate any information You provide to Us; (c) We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or (d) We decide to cease operations or to otherwise discontinue any services or options provided by the Site or parts thereof.
You agree that neither the Site nor any third party acting on Our behalf shall be liable to You for any termination of Your access to any part of the Site. You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site, using the same or different username, without prior written consent from Us.
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 or via the Services, may be used by us in any manner.
Any information or material that you submit or send to EMMEDIA or otherwise make available on or through the Site and Services ("Your Material") will be deemed not to be confidential or secret. Further, You 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, slanderous, 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 rights, publicity rights, or is hateful; and
- Does not contain a virus, malware, or other harmful component.
You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any of Your Material and/or terminate Your right to use or access the Site or Services for violating the provisions of this section, or as conditioned in this Agreement.
License to Use Your Information & Material – Excepting only personal financial and billing information, You hereby grant EMMEDIA a royalty-free, unrestricted, worldwide, perpetual, irrevocable, transferrable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, display (in whole or part) and/or incorporate in other works in any form, media, or technology now known or later developed display any information and content provided by You on or through the Site or Services, including Your Material. You also represent and warrant that any "moral rights" in Your Material have been waived.
Advertisements Subject to Additional Terms – Content submitted by Advertisers is subject to additional terms, conditions, policies and restrictions as set forth in our Advertiser Agreement.
Section 230 Notice.
You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate content. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate content. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: www.getnetwise.org or https://www.privacyrights.org/content/childrens-safety-internet, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your children or wards.
Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of Your Material as well as the content of other Users and 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 under federal or state laws including, but not limited to, the publication of content that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.
Defamation & Invasive Material.
We provide an interactive computer service, and thus We have no liability for User-posted content due to Section 230 of the CDA. Nevertheless, We recognize that despite this protection, there may occasionally be content posted by Our Users that is unappreciated by the subject of the User-posted content. It is not Our intention to cause anguish to any person nor harm to any entity, nor to allow through inaction such harm to occur. Accordingly, it is Our policy to respond respectfully to any complaints about User-posted content, or about content that We might have provided.
If You feel damaged by any User-posted content, or content provided by Us, We will, in Our discretion, take reasonable measures to comply with any reasonable requests. Therefore, We have instituted this policy.
You agree that if You have any complaint about any content on Our Site, including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort (from which We are otherwise immune from liability), that You will contact the following designated agent immediately:
Lawrence G. Walters, Esq.
195 W. Pine Ave, Longwood, FL 32750
You agree that We shall have ten (10) business days after RECEIPT of said notice to evaluate Your concerns. After evaluating Your concern(s), We will either inform You that We do not believe Your concern is valid, or We will request Your preference regarding an opportunity to cure Your concern(s). This cure may, in Our discretion, include one of the following:
- We may offer to delete the offending content.
- We may offer to modify the offending content.
- We may offer You the opportunity to publish a rebuttal to the offending content.
- We may engage You and seek any other alternative resolution that will mitigate Your damaged legal interests – whether or not We are legally required to do so.
- We may provide You with some or all identifying information We may have about the actual culprit (if the content was User-posted), but We are under no obligation to do so, and expressly reserve the right not to.
You acknowledge and agree that upon transmission of Your complaint to Us, You will be considered to have engaged in settlement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement.
You acknowledge that once You accept any of Our offers of non-adversarial resolution, that You irrevocably waive any and all possible claims for any allegedly offending content on Our Site and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to one dollar ($1), and no more, and that You hereby acknowledge that such amount of one dollar ($1) is sufficient and adequate. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests. Nothing contained in this section shall obligate Us to undertake any specific action with regard to a given complaint, and We reserve all rights relating to resolution of disputes of this nature.
We respect the intellectual property rights of all parties, and comply with the Digital Millennium Copyright Act (“DMCA”). We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA. Copies of Our Repeat Infringer Policy are available to Users upon request.
EMMEDIA will seek any and all damages for violations of this Agreement. Furthermore, EMMEDIA will prosecute any attempts of commercial solicitation of any Users and/or Advertisers on the Site. 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 activities as listed in this Agreement and any other operating policies governing use of the Site and Services, including but not limited to, preliminary and permanent injunctive relief, money damages, a defendant's profits, attorney's fees, etc.
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 content uploaded or otherwise published by Users or others via the Site and/or Services. Users acknowledge that any reliance on material posted by others will be at their own risk. Any user-generated content found on the Site are the views of the User posting the statement, and do not represent the views of EMMEDIA. EMMEDIA DOES NOT CONDUCT BACKGROUND CHECKS, CRIMINAL HISTORY EVALUATIONS, OR VERIFY THE VALIDITY OF PROFESSIONAL CERTIFICATION(S) OR REPRESENTATION(S) OF ANY USER ACCESSING THE SITE AND/OR UTILIZING THE SERVICES. You are encouraged to use common sense when interacting with other Users on the Site or via the Services. EMMEDIA is not responsible for activities, claims, or losses that result from meeting individuals identified through the Site.
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.>
You agree that You will only use the Site and Services for purposes expressly permitted and contemplated by this Agreement. You may not use the Site and Services for any other purposes without Our express consent. 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);
- Upload, post, publish, transmit, reproduce or distribute any content which is not your intellectual property and that no other entity (person or corporate entity) has copyright or other intellectual property rights to the content you provide;
- Engage in spamming or flooding;
- Use Our Services to send any message or content to any other User or person that may be viewed as defamatory, vulgar, threatening, unlawful, abusive, tortious, invasive of that person’s privacy, or racially, ethnically, or otherwise objectionable;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property;
- Download any file posted by another User of a service or activity that You know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Attempt to gain unauthorized access to other computer systems through the Site;
- 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;
- Remove any copyright or other proprietary notices from Our Site or any of the materials contained therein;
- Avoid agreement to the Site’s Terms & Conditions;
- Circumvent any encryption or other security tools used anywhere on the Site or in conjunction with the Services (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Site);
- Use any data mining, bots, or similar data gathering and extraction tools on the Site or in conjunction with the Services; and
- Violate any applicable laws, policies, or regulations.
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 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 or Services.
Special Considerations Regarding Minors.
Age of Majority – In order to use the Site or Services, You must have attained the age of majority in Your jurisdiction. You represent and warrant You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, You must exit the Site immediately and may not use or access the Site or use the Services in any manner.
We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.
You represent and warrant that You will not allow any minor access to this Site or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep the Site from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any age-restricted content from being displayed to Your children or wards.
WE HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS. We take great measures to ensure that no underage individuals are depicted on our Site. If You seek any form of pornographic materials involving minors (including “virtual” pornography involving minors), You must exit this Site and cease using Our Services immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material.
In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us at the address found at the end of this document. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
We enthusiastically cooperate with any law-enforcement agency investigating pornography involving minors, and comply with Title 18 U.S.C. 2258A relating to the mandatory reporting of actual pornography involving minors of which We become aware, as an online service provider. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a reporting service such as ASACP.org:
or the N.C.M.E.C. Cybertip Hotline:
Agreement to Receive Notifications & Other Communications.
We reserve the right to send electronic mail or other messages to You. You understand and agree that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law. The purpose of this communication may include but is not limited to information designed to: (a) Inform You of any change to the status Your Membership; (b) Provide information to You regarding products or services offered by Our affiliates or partners; (c) Inform You about any of Our related products or services; and (d) Notify You of attempted communication by another User.
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.
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.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT EMMEDIA SHALL NOT BE HELD RESPONSIBLE IN ANY WAY FOR THE OUTCOME OF ANY CONTACT OR MEETING, WHETHER IN PERSON, OR VIA ANY OTHER MEANS OR METHOD OF COMMUNICATION, RESULTING FROM ANY DIRECT AND/OR INDIRECTUSE OF THE SITE OR SERVICES.
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.
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. You agree not to use the Services or access the Site if doing so would violate the laws of Your state, province, or country.
Choice of Law; Venue; Dispute Resolution; Waiver.
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. Nothing contained herein is intended to benefit any third party, or be relied upon by any third party.
Revisions to this Agreement; Modifications to the Site & Services.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this Agreement and to notify You of such changes by modifying the “Last Modified” date at the top of this Agreement. You acknowledge that it is Your responsibility to review the “Last Modified” date to determine if any changes have been made since Your last review of the Agreement. By accessing and continuing to use the Site following any modifications You agree to be bound to any such changes made to this Agreement. 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. 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.
Stipulated Liquidated Damages.
For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of one hundred dollars ($100) per occurrence. You specifically agree to pay this one hundred dollars ($100) in liquidated damages. You further acknowledge that this amount is not intended as a penalty, but is deemed to be a reasonable estimate of actual damages, which are stipulated to be difficult to ascertain with certainty.
Complaints – The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/about_dca/contactus.shtml.
Release – You understand and agree that by assenting to this Agreement, You waive any applicability of California Civil Code §1542 as it may be applied to Your release of legal claims arising from Your use of the Site and/or Services.
Severability – If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Assignment – The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
Notice – Notices by the site to subscribers may be given by means of electronic messages through the site, by a general posting on the site, or by conventional mail. Notices by subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in this Agreement. All questions, complaints, or notices regarding the site must be directed to EMMEDIA INC at the address below. All cancellations of service must also be directed in writing to support[at]MassageM4M[dot]com.
No Waiver – No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from this Agreement.
Headings – All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.
Complete Agreement – This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site, Services, and the materials contained therein and Your use of the Site and Services, and this Agreement supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
Questions and Contact Information.
All questions to EMMEDIA regarding these Terms and Conditions must be directed to:EMMEDIA INC
9903 Santa Monica Blvd
Beverly Hills, CA 90212-1617
Toll free: 877-824-0423
Via fax: 310-388-1314