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You are solely responsible for all Content posted, uploaded, streamed, or otherwise distributed under your account, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the instant message service and internal email service.
Otherwise violates any applicable local, state, national or foreign law or regulation. Prohibited Uses of the Services. You may not use the Services in any manner not permitted by these Terms of Service, or for activities that violate any law, statute, ordinance or regulation.
Encourage or instruct any other individual to do any of the foregoing. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft, navigation or communication systems, air traffic control, and life support or weapons systems, and such use is strictly prohibited.
Compliance with Intellectual Property Laws. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
When using the Services, you agree a to obey the law and to respect the intellectual property rights of others; b not to upload, download, display, perform, transmit, or otherwise distribute any material in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights; and c to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any material you provide or transmit, or that is provided or transmitted using your user name.
The burden of proving that any material does not violate any laws or third party rights rests solely with you. Alleged Violations of the Terms of Service.
To ensure that Manroulette provides a high quality experience for you and for other users of the Services, you agree that Manroulette may access your account s and records, and monitor your activities on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services.
No Duty to Monitor Content. Manroulette, in its sole discretion shall have the right but not the duty to monitor the Content posted on or through the Services including, without limitation, the content of any communication that occurs on or through the instant message service and the internal email service, whether or not Manroulette is the intended recipient of the message or email.
Manroulette reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but Manroulette is not responsible for any failure or delay in removing such content.
Reporting Certain Abuse to Law Enforcement. The Services are intended for use by a mature adult audience of 18 years of age or older.
Since this Manroulette is a free gay chat site, users may encouner content suitable for mature audiences. Child Pornography.
Manroulette reports to the National Center for Missing and Exploited Children , the facts and circumstances relating to sexually explicit material and other criminal offenses involving children under the age of 18 which appears on the Services.
This includes, but is not limited to, the posting of sexually explicit material, including without limitation, photos, videos, and live Webcasts depicting children who appear to be under the age of Other types of abuse.
Other violations of these Terms of Service that may compromise the safety of our members may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.
Parental Control Protections. Manroulette prohibits minors under the age of 18 from registering for the Services. However, it is easy for children to lie about their age and thus gain access to material which may be inappropriate and unintended for them.
It is up to parents to properly supervise their children's on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children's on-line activities such as computer hardware, software, and filtering services which can be used to block a child's access to on-line services such as those offered by Manroulette.
You can find tools that will assist you in supervising your children's on-line activities by clicking here. Disclaimer Related to Transactions Between Users.
Manroulette disclaims any responsibility for or liability related to such transactions, And any questions, complaints or claims related to a transaction with another user of the services should be directed to the appropriate user.
Disclaimer Related to User Material. You will not hold Manroulette responsible for other users' Material, actions or inactions.
You acknowledge that Manroulette is an interactive online service provider, providing the Services to its users for the purpose of communicating with other users and publishing user Material.
Manroulette has no control over user Material and does not guaranty the quality, safety or legality of user Material advertised, or the truth or accuracy of user Material.
Responsibility for Resolving User Disputes. You are solely responsible for resolving any disputes between you and other users of the services including without limitation, disputes concerning transactions with other users.
Manroulette reserves the right, but has no obligation to monitor or resolve disputes between users of the services. The Services may provide links redirecting you to the websites of third-party merchants, and other third-parties.
These links are provided solely as a convenience to you, and do not constitute an endorsement by Manroulette of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals.
Manroulette is not responsible for examining or evaluating, and does not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites.
Manroulette, its parent company, and their affiliates, officers, employees, agents, partners and licensors, from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party with respect to any transaction s you are involved in with other users of the services; due to or arising from your access to, use of, or inability to use the services, your violation of these terms of service, your breach of any of the representations and warranties herein; or the infringement by you or any other user of your account of any intellectual property or other right of any person or entity.
Dispute Resolution and Governing Law. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement and the transactions contemplated by this Agreement "Dispute" , you and Manroulette agree to first attempt to negotiate any Dispute except those Disputes expressly provided below informally for at least thirty 30 days before initiating any arbitration or court proceeding.
Such informal negotiations commence upon written email notice from one person to the other. Binding Arbitration.
If you and Manroulette are unable to resolve a Dispute through informal negotiations, either you or Manroulette may elect to have the Dispute except those Disputes expressly excluded below finally and exclusively resolved by binding arbitration.
Any election to arbitrate by one party shall be final and binding on the other. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.
If such costs are determined by the arbitrator to be excessive, Manroulette will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except as otherwise provided in this Agreement, you and Manroulette may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and Manroulette agree that any arbitration shall be limited to the Dispute between Manroulette and you individually.
To the full extent permitted by law, i no arbitration shall be joined with any other; ii there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and iii there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Manroulette agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: i any Disputes seeking to enforce or protect, or concerning the validity of any of your or Manroulette's intellectual property rights; ii any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and iii any claim for injunctive relief.
If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you.
Any Dispute not subject to arbitration other than claims proceeding in any small claims court , or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Hillsborough, State of Florida, United States of America, and you and Manroulette agree to submit to the personal jurisdiction of that court.
Forum Non Conveniens. With regard to any Dispute not subject to arbitration, or where no election to arbitrate has been made, You and Manroulette waive, to the fullest extent permitted by law, i any objection had now or later, to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court of the State of Florida sitting in Tampa, or the United States District Court for the Second District of Florida, and i any claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
Governing Law. The services are controlled and operated by Manroulette from its offices in the United States of America, State of Florida. Manroulette makes no representation that the services are available or appropriate for use in other locations.
Your use of or access to the services should not be construed as Manroulette purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Florida.
Except as expressly provided otherwise, the Laws of the United States of America and the law of the State of Florida, without giving effect to its conflicts of law principals govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates, including, without limitation its validity, interpretation, construction, performance, and enforcement.
Those who choose to access the Services from locations outside of the United States, do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.
You and Manroulette agree that if any portion of Section 29 is found illegal or unenforceable except any portion of Section 29 d , that portion shall be severed and the remainder of the Section shall be given full force and effect.
If Section 29 d is found to be illegal or unenforceable then neither you nor Manroulette will elect to arbitrate any Dispute falling within that portion of Section 29 d found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Hillsborough, State of Florida, United States of America, and you and Manroulette agree to submit to the personal jurisdiction of that court.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties.
Modifications to Services. Manroulette may, in its sole discretion and without prior notice modify the Services, and discontinue the Services at any time.
Assignment and Delegation. You may not delegate any of your duties or assign any of your rights under this Agreement, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner.
Manroulette may assign any of its rights and any of its obligations under this agreement without consent, including without limitation, in connection with a corporate reorganization, consolidation, merger or sale of substantially all of its assets.
Any purported assignment of rights or delegation of duties in violation of this Section is void. Successors and Assigns. This Agreement is binding upon, and inures to the benefit of, the Parties and their respective permitted successors and assigns.
This Section does not address, directly or indirectly, whether a party may assign its rights or delegate its duties under this Agreement.
Section 33 addresses these matters. Unless otherwise specified herein, any notice or other communication to be given hereunder will be in writing and given: by Manroulette via email to the address that you provide at registration, or by a posting on the Manroulette website; and by you via email to support manroulette.
Inaction or failure by Manroulette to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held void, invalid, illegal or unenforceable, the legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way.
The descriptive headings of the articles, sections, and subsections of this Agreement are for convenience only and no not constitute a part of this Agreement.
Zero Tolerance Policy It is our goal to provide an enjoyable experience and safe environment for all users of our Services.
Modification of Terms of Service Manroulette reserves the right to modify or revise these Terms of Service at any time in its sole discretion.
Charges for Premium Services Certain Services available are provided on a subscription basis and require a fee in accordance with the Fee Schedule associated with that service.
Grant of License to Manroulette Services As long as you are not in breach of any terms or conditions of this agreement, Manroulette grants you a limited, revocable, nontransferable, non-assignable, non-sublicensable, and non-exclusive right and license to access and use the Services as set forth in these Terms of Service and any applicable Additional Terms.
Grant of License to User Content As long as you are not in breach of any terms or conditions of this agreement, Manroulette grants you a limited, revocable, nontransferable, non-assignable, non sublicensable, and non-exclusive right and license to access User Content for your information and personal use solely as intended through the provided functionality of the Services, or as otherwise expressly authorized by Manroulette.
Manroulette Trademarks Manroulette trademarks, logos, images, service marks, trade names and other distinctive branding features affixed or contained within the Services "Manroulette Marks" are the trademarks of Manroulette and may not be used without permission.
Content Restrictions You are solely responsible for all Content posted, uploaded, streamed, or otherwise distributed under your account, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the instant message service and internal email service.
Prohibited Uses of the Services You may not use the Services in any manner not permitted by these Terms of Service, or for activities that violate any law, statute, ordinance or regulation.
Compliance with Intellectual Property Laws Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
Alleged Violations of the Terms of Service To ensure that Manroulette provides a high quality experience for you and for other users of the Services, you agree that Manroulette may access your account s and records, and monitor your activities on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services.
No Duty to Monitor Content Manroulette, in its sole discretion shall have the right but not the duty to monitor the Content posted on or through the Services including, without limitation, the content of any communication that occurs on or through the instant message service and the internal email service, whether or not Manroulette is the intended recipient of the message or email.
Reporting Certain Abuse to Law Enforcement The Services are intended for use by a mature adult audience of 18 years of age or older.
Parental Control Protections Manroulette prohibits minors under the age of 18 from registering for the Services. Advertisers, Other Businesses, and Links to Other Sites The Services may provide links redirecting you to the websites of third-party merchants, and other third-parties.
Indemnity You agree to defend, indemnify and hold harmless. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Third Party Beneficiaries This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties.
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