TERMS & CONDITIONS
- Terms and Conditions of Use
Certain features and functionality included in the Service may be subject to additional posted notices, terms and/or conditions. Your use of such features and functionality is subject to those additional notices, terms and/or conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted notices, terms and conditions, these Terms shall control.
We reserve the right to change these Terms or to impose new conditions on use of the Site or the Service, from time to time, in which case we will post the revised Terms on this Site and they will be effective immediately upon posting. By continuing to use the Site after we post any such changes, you accept the Terms as modified.
Please be aware that we have created or may create in the future certain areas on the Site that contain adult or mature content. Therefore, you must be at least 18 years of age to access and view the Site. If you are under 18, please do not use the Service.
By using the Site and/or the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. This Site is administered in the U.S. and intended for U.S. users; any use outside of the US is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or the Service.
- Registration, Account and Security
- Use of the Site/Service
Subject to the restrictions on use and on posting set forth in these Terms, you may use the Site to: access the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Service (collectively, the “Content”); create comments on certain articles; and share Content through web-based social media tools which may be provided on the Site.
You may not copy or distribute any portion of the Site and/or Service for any purpose not authorized immediately above without Modern Man’s express written permission. Modern Man does not control the Content posted by third parties via the Service, including any user comments, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to third-party Content that is offensive, indecent or objectionable. Under no circumstances will Modern Man be liable in any way whatsoever for any third-party Content, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any third-party Content or the products which are the subject of such Content. You agree that you must evaluate and bear all risks associated with the use of any third-party Content, including any reliance on the integrity and accuracy of such Content.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our web site or infringes the rights of others.
- Rules for Content Posted By You on the Site
The following rules apply to your submission of Content to be posted on the Site:
- You are solely responsible for any comments to make to articles or other Content on the Site (hereinafter, the “Posted Content”).
- You may not post any content that: (i) is libelous, defamatory, knowingly false or intentionally misleading; (ii) violates the privacy, publicity, moral or any other right of any third party; or (iii) violates any obligation of confidentiality.
- You may not post or distribute content on or via the Site that: (i) is patently offensive to users of the Site, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is threatening, abusive, obscene, or insulting to other Site users or any other person; or (iii) harasses or advocates harassment of another person.
- You may not post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts.
- You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not post any content that falsely states or implies that such content is sponsored or endorsed by Modern Man.
- You may not provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity.
- You may not use the Site to post or disseminate any advertisements or any other information, software or other material for commercial purposes.
- You may not use the Site to solicit anyone to buy or sell products or services, to make donations of any kind, or link to third party websites undertaking either of such activities without our express written approval.
- You may not use the Site to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any make-money-fast schemes, chain letters, or pyramid (ponzi) schemes.
- You may not gather for marketing purposes any e-mail addresses, user names, passwords or other personal information that has been posted by other users of the Site.
Modern Man reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, removing the offending Posted Content or other Content from the Service and terminating the membership of violators or blocking your use of the Service and/or the Site. You understand and agree that we have no obligation to monitor any bulletin boards, comments section, or other areas of the Site through which users can Posted Content. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms.
- General Restrictions on Rights to Use the Site and Service
You agree that you shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the Site and/or Service;
- frame or inline link any of the Content of the Site, or incorporate into another website or other service any of our Content or intellectual property, without our prior written permission; however, you may establish a hypertext link to your web site so long as the link does not state or imply any sponsorship of your site by Modern Man or the Site.
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Service or in or on any Content or other material obtained via the Site and/or Service;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Service;
- access, retrieve or index any portion of the Site and/or Service for purposes of aggregating or populating a searchable database of Posted Content;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other users or members;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as “spam” to other users or members of the Site and/or Service or otherwise interfere with other users’ or members’ enjoyment of the Site and/or Service;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that are deemed threatening or obscene;
- copy or store any Content offered on the Site; for any purpose not expressly permitted herein;
- use any device, software or routine that interferes with the proper working of the Site and/or Service, or otherwise attempt to interfere with the proper working of the Site and/or Service;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure;
- use the Site and/ or Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with undertaking any activities prohibited under this Section 7.
- Intellectual Property Rights
Modern Man’s Limited License to You
This Site and all the materials available on the Site are the property of Modern Man and/or its affiliates and licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site may be obtained by contacting feedback (at) modernman(dot)com.
Your License to Modern Man
By posting content on the Site or submitting to us any content via the Site, you are representing: that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully paid up, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This license is non-exclusive, except that you agree that Modern Man shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of aggregating or populating a database of user comments.
The foregoing grant shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any consideration for your Posted Content.
- Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:
Modern Man Media, LLC
3420 Ocean Park Blvd, Suite 3050
Santa Monica, CA 90405
Attn: Copyright Agent
or by e-mail to:
feedfack (at) modernman(dot)com.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your name, address, telephone number, and, if available, e-mail address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please note that the contact information provided in this Section 9 is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Site.
THE INFORMATION, PRODUCTS AND SERVICES DISPLAYED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES TO WHICH WE LINK ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE OR MATERIALS DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Links to Third Parties
Throughout the Site, we may provide links and pointers to web sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement, guarantee, approval or sponsorship of such sites, or the information, products or services offered on or through such sites. Nor do we warrant that these sites will not contain viruses or otherwise impact your computer. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web sites linked to by us on the Site. Users should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
This Site may include a variety of features, such as bulletin boards, e-mail services, user polls, and quizzes which allow feedback to us and real-time interaction between Site users. Responsibility for Posted Content lies with each user. You alone are responsible for your Posted Content, or for the Posted Content you allow a third party to post or send on your behalf. We do not control the messages, information or files that you or others may provide through the Site and are under no obligation to modify or remove any inappropriate Content and are not responsible for the user submitting such Content.
Certain sections of the Site may facilitate your purchase of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. We are not responsible or liable with respect to the privacy and data collection practices of any merchant that obtains information from you in the course of your visit to that merchant’s online store or any purchase transaction you may undertake on that merchant web site. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You agree to release Modern Man and its affiliates from any damages that you incur, and agree not to assert any claims against us arising from your purchase or use of any products or services occurring as result of a referral or link on the Site or the Service to a merchant.
Sweepstakes and Promotions
From time to time, Modern Man may offers sweepstakes, contests, sample giveaways and other promotional activities (a “Promotion”). Your registration and/or enrollment for, and subsequent participation in, any Promotion shall be subject to rules and regulations associated with such Promotion which will be posted on the Site. You may be automatically enrolled and/or registered for certain of these Promotions by participating in the interactive features of our Site, such as by submitting submitting user comments, or by other actions, such as by registering for Site emails or referring new users to the Site. Unless otherwise specified by the rules and regulations of a particular Promotion, the Promotions require that participants be eighteen (18) years of age at the time of entry and that participants be legal residents of the United States of America. In the event that you do not wish to participate in any particular Promotion (or any Promotion at all), please contact us and indicate your desire to “opt-out” of a particular Promotion by identifying the objectionable Promotion by name (or indicate your desire to opt out of all Promotions undertaken on the Site) in a written notice sent to our offices.
Free Product Offers and Samples
THE FREE PRODUCT SAMPLES THAT MAY BE OFFERED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL SAMPLE PRODUCT WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, ARE DISCLAIMED BY MODERN MAN, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
By receiving any products through such sample and freebie offers, you agree to release and hold harmless Modern Man and its subsidiaries and affiliates, and each of their respective parent companies and each such company’s officers, directors, shareholders, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in any product samples and freebie offers or receipt or use or misuse of any such product.
- Limitation of LiabilityUNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MODERN MAN, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION AND DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE’S LAWS.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, ANY MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.
- IndemnityYou agree to indemnify and hold Modern Man, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Service, (iii) the violation of these Terms by you, or (iv) the infringement by you, or any third party using your user account or password, of any intellectual property or other right of any person or entity.
- TerminationThese Terms will remain in full force and effect while you use the Site and avail yourself to the Service. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of any such cancellation or termination, you shall no longer be authorized to access all of the Site or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive any termination of your right to use the Site. Sections 2, 6, 8, 10, 11, 12, 13 and 14 shall survive any termination or expiration of these Terms.
- MiscellaneousThese Terms constitute the entire agreement between Modern Man and you with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals and communications, written or oral.If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree further to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Modern Man in any respect whatsoever. Modern Man may provide you with notices by email, regular mail or postings on the Service. The failure of Modern Man to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with Modern Man’s prior written consent. The section titles in these Terms are for convenience only and have no legal or contractual effect.
- Contact and Violations
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to feedback (at) modernman(dot)com.
Last updated on December 10, 2010.
© 2010 Modern Man Media, LLC. All rights reserved.