License to Use Your User Information & Content.
With the exception of personal financial and billing information only, You grant the Company and its affiliates the perpetual, royalty-free, irrevocable, non-exclusive right (including any moral rights) and fully transferable license to use, reproduce, modify, adapt, create derivative works of, publish, distribute, communicate, and/or display (in whole or in part) worldwide, in any medium now known or later developed, any information or content provided, or otherwise transmitted by You via the Website or its Services.
By submitting, or otherwise providing Your User Content, You represent and warrant the following:
- You own or otherwise control all intellectual property and publicity rights to the User Content necessary for the validity of the license grant above.
- The holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights.
- The license grant pertaining to Your User Content also permits Our Users to access, display, view, store, and reproduce such User Content for personal, non-commercial use.
The Company respects the intellectual property of others, and We ask Our Users to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to Your use of this Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. We have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available to Users upon request.
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 by typing terms such as "parental filters" into Google or other search engines. . 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 Website 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 Website 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.
Special Considerations Regarding Minors.
Age of Majority
- In order to use the Website 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 Website immediately and may not use or access the Website 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 Website 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 Website 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 Website. If You seek any form of pornographic materials involving minors (including "virtual" pornography involving minors), You must exit this Website 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 Website. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us at email@example.com. 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. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a reporting service such as ASACP.org, at http://www.asacp.org/index.php?content=report
or the N.C.M.E.C. Cybertip Hotline, at https://report.cybertip.org
Links to Other Sites.
The Website may contain links to third party sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If You decide to access linked third party sites, You do so at Your own risk, and understand that You may be subject to additional user agreements and/or policies governing the access or use of such sites.
The Company's Liability.
- Massage4her.com is only a venue. This Website acts as a venue for massage therapists and bodywork professionals to post advertisements and does not screen the listings offered. As a result, the Company has no control over the quality, safety or legality of the advertisements posted, the truth or accuracy of the advertisements, or the skills of the Advertisers.
Assumption of Risk
- In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers. You assume all risks associated with dealing with other Users with whom You communicate, or otherwise interact, via the Website and/or Services. We are under no legal obligation to, and generally do not, control the information provided by other Users which is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using this Website. The Website may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any User Content. The use of the Website and its Services is at Your own risk.
Release from Liability
- Because User authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because We do not and cannot be involved in User-to-User dealings or control the behavior of participants on the Website, in the event that You have a dispute with one or more Users, You release the Company (and Our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DISCLAIMER OF WARRANTY
- THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND SERVICESARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
LIMITATION OF LIABILITY
- THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
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 agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, arising or resulting from:
- Your User Content (as defined within this Agreement);
- Your use of the Website and/or the Services; and
- Your breach of any of the terms of this Agreement.
Choice of Law/Jurisdiction and Venue.
You agree that the laws of the State of Florida and the United States will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in Florida by Florida residents, notwithstanding Your actual place of residence. You agree that all lawsuits arising out of this Agreement shall be brought exclusively in the Federal or State courts located in the District of Florida, Palm Beach County, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
- 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.
- User may not resell or assign any rights or obligations under this Agreement.
- Notices by the Website to Users may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional mail. Notices by Users may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in this Agreement. All questions, complaints, or notices regarding the Website or Services must be directed to the Company Website.
- 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.
- All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.
Data Security Warning: You acknowledge that no website or server is completely secure from hacking, data breach, and other nefarious activities. Third parties may therefore obtain access to material, content, communications, data, or other information you send to us, for their own purposes, or for public distribution. Such actions can cause significant humiliation, embarrassment, injury, and damage to reputation, privacy and publicity rights. By using our Website and services, you voluntarily assume all risks of data breach, and release us in the event your information is obtained by others, or made public in any fashion.
- This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website, Services, and the materials contained therein, and this Agreement supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.