Men's Wisdumb
Website Terms and Conditions of Use
This Site is
operated by Menswisdumb.com You may contact us at:
admin@Menswisdumb.com.
Men's Wisdumb
provides visitors to its Web site with access to content via the World Wide Web
and offers the opportunity for users to submit text, pictures, video and other
content for posting on the Men's Wisdumb Web site (the "Site") under certain
terms and conditions.
ACCEPTANCE OF
THESE TERMS AND CONDITIONS THROUGH USE
By using this
site, you signify your agreement to all terms, conditions, and notices contained
or referenced herein (the "Terms of Use"). We reserve the right, at our
discretion, to update or revise these Terms of Use. Please check the Terms of
Use periodically for changes. Your use of this site following the posting of any
changes to the Terms of Use will be deemed your acceptance of such change(s).
AGREEMENT TO
USER CONDUCT RULES
You agree to
abide by Men's Wisdumb's User Conduct Rules, including but not limited to,
agreeing not to use this site for any unlawful purpose:
By posting
information in or otherwise using any communications service, message board, or
other interactive service that may be available to you on or through this Site,
you agree that you will not upload, post, or otherwise distribute or facilitate
distribution of any materials, including text, communications, software, images,
sounds, data, or other information (hereafter "Content") that:
1. is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy or publicity rights, tortious, or
otherwise violates Men's Wisdumb's rules or policies
2. infringes on any patent, trademark, trade secret, copyright, right
of publicity, or other proprietary right of any party
3. constitutes unauthorized or unsolicited advertising, chain letters,
any other form of unauthorized solicitation, or any form of lottery or
gambling
4. contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any data or other information of any
third party; or
5. contains information, material, or pictures of any person who is not
both older than eighteen (18) years old and over the age of majority in such
person's state, providence, or country of residence.
You also agree
that you will not harvest or collect information about the users or members of
this Site or use such information for the purpose of transmitting or
facilitating transmission of unsolicited bulk electronic e-mail or
communications. You further agree that you will not knowingly solicit or collect
personal information from a child 12 years old or younger. Men's Wisdumb
generally does not pre-screen, monitor, or edit the content posted by users of
communications services, chat rooms, message boards, or other interactive
services that may be available on or through this site. However, Men's Wisdumb
and its agents have the right at their sole discretion to remove any content
that, in Men's Wisdumb's judgment, does not comply with the User Conduct Rules
or is otherwise harmful, objectionable, or inaccurate. Men's Wisdumb is not
responsible for any failure or delay in removing such content.
LINKS AND
THIRD PARTY SITES
This site may
produce automated search results or otherwise link you to other sites on the
Internet. These sites may contain information or material that some people may
find inappropriate or offensive. These other sites are not under Men's Wisdumb's
control, and you acknowledge that Men's Wisdumb is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does not imply endorsement
of the site by Men's Wisdumb or any association with its operators.
USER'S GRANT
OF LIMITED LICENSE
By posting or
submitting content to this site, you:
1. Grant Men's
Wisdumb and its affiliates and licensees the world-wide, royalty free,
irrevocable, non-exclusive, and fully sub-licensable right and license to use,
reproduce, display, perform, adapt, modify, alter, distribute, have
distributed, and promote the content in any form, anywhere and for any
purpose; and
2. warrant and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content by Men's
Wisdumb will not infringe or violate the rights of any third party.
PROCEDURE FOR
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT OR VIOLATIONS OF RIGHTS OF PRIVACY OR
PUBLICITY
If you believe
that your work has been copied and is accessible on this site in a way that
constitutes copyright infringement, you may notify Men's Wisdumb by clicking
here.
DISCLAIMER OF
WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Men's
Wisdumb, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT
LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS
OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL Men's Wisdumb, ITS SUBSIDIARIES, MEMBERS OR
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Men's
Wisdumb HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, Men's Wisdumb'S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to
indemnify and hold Men's Wisdumb, and its parent, subsidiaries and affiliates
and their respective officers, directors, agents, co-branders and other
partners, contractors, and employees, harmless from and against any and all
claims, expenses, and demands, including attorneys' fees, made by any third
party due to, arising out of, or asserted in connection with your use or misuse
of this Site, including claims relating to content you submit, post to or
transmit through this site, and your connection to and use of this Site. Men's
Wisdumb reserves the right to have control of any defense and control of any
matter otherwise subject to indemnification by you. You agree to cooperate with
Men's Wisdumb in asserting any available defenses.
INTERNATIONAL USE
Men's Wisdumb
makes no representation that materials on this Site are appropriate or available
for use in any particular locations, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access this Site
from any location do so on their own initiative, at their own risk, and are
responsible for compliance with local laws. If you use this Site in a
jurisdiction that prohibits or restricts such use, your use will be subject to,
without limitation, any other provision of the Terms of Use, and Men's Wisdumb
shall not have any liability with respect to such use.
CHOICE OF LAW
AND FORUM
These Terms of
Use shall be governed by and construed in accordance with the laws of the State
of Ohio, excluding its conflicts of law rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or relating to
these Terms of Use or your use of this Site shall lie only in the state courts
of Ohio in Summit County or the District of Ohio federal court,
and you further agree to and submit to the exercise of personal jurisdiction of
such courts for the purpose of litigating any such claim or action.
SEVERABILITY
AND INTEGRATION
Unless otherwise
specified herein, this agreement constitutes the entire agreement between you
and Men's Wisdumb with respect to this site and supersedes all prior or
contemporaneous communications and proposals (whether oral, written, or
electronic) between you and Men's Wisdumb with respect to this Site. If any part
of these Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
TERMINATION
Men's Wisdumb
reserves the right, in its sole discretion, to terminate your access to all or
part of this Site, with or without notice, for any reason, including, without
limitation, if Men's Wisdumb believes that you have violated or acted
inconsistently with the letter or spirit of these Terms of Use. This includes
Men's Wisdumb's right to terminate a user's ability to post materials to the
Site. You acknowledge that Men's Wisdumb shall not be liable to you or any third
party for any termination of your access to this Site.