The Mans Page! (“The Mans Page!”, “we”) provides the The Mans Page! web site to you (“you”), subject to the terms of this agreement. As part of The Mans Page!, The Mans Page! maintains a World Wide Web site, The Mans Page.com (the “web site”). The purpose of the web site is to allow users to share and discuss things they find interesting. The following are the terms and conditions for use of The Mans Page! and the Web Site, along with any amendments thereto, and any operating rules or policies that may be published from time to time by The Mans Page! (collectively, the “The Mans Page! Agreement” or “Agreement”). Please read them carefully. The term “Member” in this Agreement refers to any person or entity that has entered into this Agreement with The Mans Page!. You must be at least 18 years of age to accept this Agreement. The Mans Page! may require that the registrant provide sufficient information to indicate that the registrant is an adult. Minors should access The Mans Page! only by having their parent or legal guardian register for them and open an account that the parent or legal guardian authorizes the minor to use. BY ACCESSING OR USING THIS SITE OR IT’S CONTENTS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. The Mans Page! may elect at its sole discretion to monitor some, all or none of the areas of The Mans Page! for adherence to this Agreement or for any other reason.
1. ACCOUNT INFORMATION.
(i) Registration. You agree to provide The Mans Page! with ongoing, accurate, complete, and updated registration information when you register. Failure to do so constitutes a breach of this Agreement and unauthorized access to The Mans Page!, and may result in immediate termination of your account and subject you to civil and/or criminal liability.
(ii) Master Account. When you register online for The Mans Page!, you will receive a password and a master account (“Master Account”). You are entirely responsible for any and all activities conducted through your Master Account and any Member-names under your Master Account. You may permit another individual to use your Master Account subject to your supervision and assumption of all resulting liabilities. You agree to notify The Mans Page! immediately of any unauthorized use of your password or any of your accounts, or of any other breach of security.
(iii) Passwords. Upon your registration as a Member of The Mans Page!, you will select a password. You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your Master Account(s). The Mans Page! offers you the ability to connect with third party services such as Facebook, and by using this option, you give The Mans Page! permission to access data from the third-party service as the service allows or as you have agreed to within the third-party service. At no time should you respond to an online request for a password, except when prompted by the The Mans Page! sign in or for special The Mans Page! promotional programs. The Mans Page! employees will never ask for your password online. YOU ARE FULLY LIABLE FOR ALL CHARGES AND ACTIVITY, IF ANY, UNDER YOUR MASTER ACCOUNT(S), INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNT(S).
(iv) Member Names. Upon your registration as a Member of The Mans Page!, you may be asked to choose a Member name to identify yourself to other Members and The Mans Page! staff. You may not select or use a Member name of another person (unless it is also your name), or a name which violates any third party’s trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which The Mans Page! deems in its discretion to be vulgar or otherwise offensive. The Mans Page! reserves the right to delete any vulgar or otherwise offensive Member name, or to require deletion thereof.
(v) Former Members. Members whose accounts have been terminated by The Mans Page! may not access The Mans Page! in any manner or for any reason without the express written permission of The Mans Page!. Active Members may not knowingly allow former Members who have been terminated to use the active Members’ accounts.
2. MEMBER PRIVACY
It is The Mans Page!’s policy to respect the privacy of its Members.
Please note that the The Mans Page! web site is a public platform and that other users may see, use or re-pin content that you post within your account. Although The Mans Page! offers a ‘Private Board’ option within our board settings area, we cannot and do not guarantee that content posted within your account will remain private. The Mans Page! uses adequate but not highly secure methods for securing the ‘Private Board’ content, so we urge you to refrain from posting any content you feel is highly sensitive in nature.
3. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that:
The Mans Page! may contain music, files, audio, sounds, games, information, communications, software, text, photos, video, graphics, and other material and services (collectively, “Content”), and such Content may be provided under license by independent content providers (“ICPs”), including, but not limited to, content publishers and other Members. You, and any user of your Master Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content for any purpose whatsoever. The Mans Page! does not guarantee the Content in any way, to be suitable for any use or to be free from legal issues, infringements, or other problems regarding it’s suitability for any purpose. The Mans Page! does not pre-screen Content as a matter of policy, but The Mans Page! and ICPs shall have the right, but not the responsibility, to remove Content which is deemed in their discretion harmful, offensive, or otherwise in violation of this Agreement. Such removal may be immediate and without notice.
You acknowledge that:
The Mans Page! permits access to Content that is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by The Mans Page! or third parties (collectively, “Rights”), these Rights are valid and protected in all media existing now or later developed, and except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws.
The Mans Page! allows you the right to use the Content for your personal non-commercial use, to share, parody, editorialize and otherwise discuss with others things you find interesting. The Mans Page! reserves the right to terminate this right without notice for any reason.
You may not otherwise modify, copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute in any way Content available through The Mans Page!, including code and software, without express prior written consent.
4. UPLOADING AND CONTENT TRANSMISSION:
You agree that you may upload or otherwise transmit on or through The Mans Page! only Content that you are the sole owner and copyright holder thereof.
You agree not to upload or otherwise transmit on or through The Mans Page!, Content that you do not have full rights to distribute or share.
Unless specified otherwise in your upload or transmission, by submitting Content to any area of the The Mans Page! Web Site, you automatically assign to The Mans Page! a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. You also grant The Mans Page! the right to authorize the downloading and printing or broadcasting of such material or any portion thereof, by The Mans Page! assigns, end users or Members for their use.
The Mans Page!, in its sole discretion, may remove Content that appears to infringe the intellectual property rights of others, and also may terminate the accounts of Members who have posted infringing material.
5. IMPERMISSIBLE CONDUCT AND SPAMMING
The Mans Page! should not be used solely as an overt advertising platform for your own self-serving products/services. Users will lose their accounts for violating this provision. We don’t mind you posting items from your own site to get some traffic from time to time, but don’t litter the boards with overt advertisements or spam. Make sure the content is good content and don’t make it look like an advertisment. When you post good content, people will click on it and end up at your site. We ask that you limit self-serving posts (posts that link back to your site) to no more than 25% of your overall posting. Please write us with any questions regarding this policy.
You may not engage in conduct or communication while using The Mans Page! which is unlawful or which restricts or inhibits any other user from using or enjoying The Mans Page!. You agree to use The Mans Page! only for lawful purposes. You agree to abide by all applicable local, state, national and international laws and regulations. Any conduct by you that in The Mans Page!’s sole discretion restricts or inhibits any other Member, person or entity from using or enjoying The Mans Page! or another service will not be permitted and shall entitle The Mans Page! to immediately terminate your membership without notice.
You may not post material or use The Mans Page! to: harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user of The Mans Page! or other person or entity, post, broadcast, or transmit sexually explicit images or other content which is deemed by The Mans Page!to be offensive or harmful to minors, post, broadcast, or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable Content, including but not limited to material based on a person’s race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, even if masked by symbols or other characters.
You may not impersonate any person, including but not limited to, an The Mans Page! official or agent, communicate under a false name or identity or a name that you are not entitled or authorized to use, in any form of online communication, including, but not limited to, Member names, Member profiles, audio, video, text or graphic chat and message postings, post or transmit chain letters, pyramid schemes, junk mail, spam or any duplicative or unsolicited messages (commercial or otherwise), post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, except in those areas that are designated for such a purpose, violate any operating rule, regulation, procedure, policy or guideline of any other interactive service, or interfere with or disrupt networks connected to The Mans Page!.
You may not intentionally or unintentionally violate any applicable local, state, national or international law or regulation, modify any files which The Mans Page! does not specifically authorize you to modify, modify or deface any The Mans Page! web pages, knowingly distribute a virus, worm, Trojan horse, time bomb, cancelbot, or other destructive program, knowingly distribute software or content in violation of any license agreement, violate any U.S. law regarding the transmission of technical data or software exported from the United States, harvest or otherwise collect information about others, including e-mail addresses, without their consent, transmit, post, broadcast, publicly display, perform, copy, distribute, download, alter, make a derivative work from ,or use any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, right of publicity, or right of privacy, without the express permission of the Rights holder, attempt to gain unauthorized access to The Mans Page!, other member accounts, computer systems or networks connected to The Mans Page!, through password mining or any other means, or use the HTML capabilities of your profile to negatively affect another member’s experience.
If you witness any conduct that violates The Mans Page!’s terms of conduct, The Mans Page! encourages you to contact The Mans Page! Customer Service through any means described on the Web Site. If you believe that your copyright in any material has been infringed on the The Mans Page! site, please refer to our DMCA Copyright Notice page here on the web site and notify our Member Support via our Contact Us page for DMCA or Notice of copyright complaints. The Mans Page! will make every attempt to rapidly remove any content which is deemed inappropriate or impermissible for any legal reason, especially concerning copyright infringement.
6. DISCLAIMER OF WARRANTY
The Mans Page! expressly disclaims all warranties and conditions of any kind, either express or implied, in regards to the files. The Mans Page! does not imply fitness for any particular use or purpose, non-infringement of third party rights, or any other fitness or suitability for any usage of the files.
The Mans Page! makes no warranty regarding any legal advice or proper legal use of any of the Content, files, or assets contained on or obtained from The Mans Page!. Nothing on this web site is intended as legal advice and The Mans Page! makes no claims or warranties as to the validity or correctness of any information that User may assume is correct legal information or advice. Users are responsible for determining fitness of files for any particular purpose. User agrees to hold The Mans Page! harmless from any claims related to User’s usage of images.
The Mans Page! assumes no responsibility for any result, action or liability arising from the possession or use of content, files, images, fonts or other software, data or information obtained from The Mans Page!.
YOU EXPRESSLY AGREE THAT USE OF The Mans Page!, ALL CONTENT, FILES, INFORMATION AND SOFTWARE DISTRIBUTED BY OR OBTAINED FROM The Mans Page!, AND THE INTERNET ARE AT YOUR SOLE RISK. The Mans Page! IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT The Mans Page! DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH The Mans Page!. The Mans Page! IS NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES OR MEMBERS, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT DISTRIBUTED THROUGH The Mans Page!.
For any dispute you encounter with the The Mans Page! web site for any reason, you agree to contact The Mans Page! first via our Support Email form on our Contact page first, in an attempt to resolve the dispute informally, and to give The Mans Page! a reasonable amount of time to attempt to resolve your dispute. In the unlikely event that the dispute cannot be resolved without mediation, we both agree to resolve any dispute or claim regarding The Mans Page! by binding arbitration by the American Arbitration Association under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. ALL CLAIMS MUST BE HANDLED IN THE PARTIES’ INDIVIDUAL CAPACITY, NOT AS PART OF A CLASS ACTION OR PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT BY USING THE MANS PAGE! WEB SITE AND ENTERING INTO THESE TERMS YOU AND THE MANS PAGE! ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The Mans Page! is operated from facilities in the United States and makes no warranty of any kind as to the appropriateness, legality or suitability of the The Mans Page! service in other countries.
THE MANS PAGE! DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE MANS PAGE! BY ANY THIRD PARTY, WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WILL NOT BEAR ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, POLICIES OR ACTIONS. MEMBERS USING ANY SUCH PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS RELATING TO THE USE OF SUCH THIRD PARTY CONTENT, SOFTWARE OR SERVICES AND FAILURE TO ABIDE BY THOSE ADDITIONAL TERMS AND CONDITIONS MAY RESULT IN TERMINATION OF MEMBERSHIP.
THE ABOVE CAPITALIZED STATEMENTS COMPRISE THE MOST FUNDAMENTAL CORE OF THE AGREEMENT BETWEEN THE MANS PAGE! AND YOU.
7. LIMITATION OF LIABILITY
You acknowledge that The Mans Page! or any third party shall not assume or have any liability for any action or service provided by The Mans Page! or its ICPs or other licensors with respect to conduct, communication or content on The Mans Page! . To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall The Mans Page! be liable for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if The Mans Page! has been advised of the possibility of such damages) in connection with The Mans Page! or with any other product or service provided by The Mans Page! , or resulting from the use of or the inability to use The Mans Page!, or from any goods or services purchased or obtained or transaction entered into through or from The Mans Page!, or from unauthorized access to or alteration of your transmissions, data, or account. You specifically agree that The Mans Page! is not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another’s rights, including intellectual property rights, rights of publicity, or rights of privacy. The Mans Page!’s entire liability and your exclusive remedy with respect to use of The Mans Page! and all software distributed by The Mans Page! shall be the replacement of any software developed by or for The Mans Page! which is found to be defective, using media chosen by The Mans Page!. The Mans Page!’s liability to you for breach of this agreement is limited solely to $10. Some states do not allow the exclusion or limitation of liability for certain damages; in such states The Mans Page!’s liability is limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless The Mans Page!, its parents, subsidiaries, affiliated companies, officers, employees, licensees, distributors and ICPs from all losses, liabilities, claims, demands, damages or expenses, including reasonable attorney’s fees, (i) arising from breach of this Agreement, or arising in connection with the transmission by or through your Master Account(s) of any Content on The Mans Page!, or (ii) asserted by any third party due to or arising from or in connection with your use of or conduct on The Mans Page!, or (iv) arising from use of the The Mans Page! service. The Mans Page! reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, which shall not excuse your indemnity obligations. Further, you understand that The Mans Page!does not screen the web site content as policy and is acting only as a public conduit for information and content being uploaded by our users, and thus you may be exposed to content you find offensive, inaccurate, objectionable, or unsuitable for your use.
Either you or The Mans Page! may terminate your account with The Mans Page! at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of The Mans Page!, (ii) Content available through The Mans Page! or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with The Mans Page! by notifying The Mans Page! Member Support of your desire to terminate by email. Prior to any such changes being made you will be prompted to accept any such charges you may be owing and submit your billing information. Your notice of termination will be effective upon receipt by The Mans Page!, or upon receipt of confirmation if confirmation is requested. If your Master Account(s) are terminated or canceled, no refund of any The Mans Page! services or special event fees will be granted.
As stated in Section 4. “UPLOADING AND CONTENT TRANSMISSION” The Mans Page! reserves the right to keep any Content you have uploaded on the The Mans Page! web site, and to re-assign the Content to a The Mans Page! account if deemed necessary by The Mans Page!.
Failure to access (log into) an account for more than 2 years may cause any account to be terminated at the discretion of The Mans Page!.
10. ENTIRE AGREEMENT; MODIFICATION OF AGREEMENT
This Agreement comprises the entire agreement between The Mans Page! and you, and supersedes any prior agreements between you and The Mans Page! with respect to the subject matter hereof or thereof. However, you are subject to any additional terms and conditions of which you are notified or are posted here on the web site, and/or which may apply when using third party content, software or services. The Mans Page! reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Web Site on TheMansPage.com. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 8. Your continued use of The Mans Page! following posting of the revised Agreement on the Web Site shall be conclusively deemed to be acceptance of all such revisions.