September 18, 2014
When you use any service within MassageExchange.com™ (the "Service"), you agree to be bound by all of the terms and conditions of this Agreement.
This document forms an agreement between you and MassageExchange.com. Please read this Agreement carefully. If you do not agree to the terms and conditions, you may not use the Service. By using the Service you are agreeing to be bound by this Agreement, including all amendments.
This Agreement constitutes your agreement with MassageExchange.com™ with respect to your use of the Service. You must agree to abide by all of the terms and conditions in this Agreement in order to use the Service. In this Agreement, "we" and "us" shall mean MassageExchange.com™ or its successor or assignee.
2. Right to Use
Your right to use the Service is subject to limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or database content. We may also impose limits on our Service or restrict your access to parts or all of the Service without notice or liability.
3. Criminal History (Added July 31 2013)
By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
MASSAGEEXCHANGE.COM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS.
However, MassageExchange.com reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
4. Background Checks
You understand that
currently does not conduct background checks on its members nor verification of member claims.
makes no representations or warranties as to the conduct of members or their compatibility with any current or future members.
5. Code of Conduct
|You agree to use the Service in accordance with the following Code of Conduct:
||you will not post your or other's personal contact information in your personal profile, including, but not limited to, last names, addresses, e-mail addresses, telephone numbers, fax numbers, instant messenger/web site IDs, web site names, business names, or mentioning places and when you will be there;
||you will not use the Service for any purpose outside of the intended purpose of this site which is personal person to person contact for the purpose of free bodywork and social networking.
||Some forbidden uses of this site include: advertising or soliciting commercial goods or services, promoting events, soliciting gratuities, distributing articles, newsletters, announcements, conducting surveys or polls, or any large scale mailings to our members.
||Note, however, that neither: (1) sharing of reasonable expenses incurred for an exchange session, nor (2) 100% reimbursement of reasonable expenses incurred to a bodywork giver from a receive-only client, is a site-use violation. Examples of typical shared (or reimbursement) costs may include cost of massage oil/supplies, room rental, and reasonable travel expenses. For reference, items that are not considered share/reimbursement costs and, therefore, a violation of site policy, would include: tips, or payments for time spent. If either party expects any session costs to be reimbursed, these should be discussed and agreed to by both parties prior to a meeting.
||you will not use the Service to solicit or offer sexual activities;
||you will not use the Service to include or exchange pornographic photographs or videos;
you will not use the Service to incite violence or make threats of violence;
||all information provided to you via the Service shall be treated as confidential and you agree not give such information to anyone without the permission of the person who provided it to you;
||you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
||you will not use the Service in any way which:
||i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
||ii. is fraudulent or otherwise unlawful or violates any law;
|| you will not forward chain letters through the Service;
||you will not use the Service to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Service, MassageExchange.com™ systems, or others' systems in any way.
6. Fees and Payments
||Certain features of the Service may be purchased via either a (1) one time or (2) recurring subscription. Recurring subscriptions auto-renew at the designated intervals at specified rates; one-time subscriptions do not recur.
||You may cancel a recurring subscription at any time prior to its renewal date. Cancellation has the effect of canceling automatic renewals only. Your full membership remains active for the duration of the already purchased period. There are no refunds for partial use.
||If you no longer have WEB access, you may cancel by E-mail or FAX, providing you: (1) notify us at least two days prior to your Renewal Date, and (2) include your MassageExchange.com username (or member number) and password. Submit to email@example.com or FAX 650-276-7145 (US). No refunds will be given for late or incomplete cancellation requests.
||If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused usage is automatically and immediately forfeited.
||You agree to pay or have paid all fees and charges incurred in connection with your full membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non refundable. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
||Our service is provided in full immediately following payment.
Therfore, per the UK Consumer Rights Directive of 2014,
your right to cancel this contract and receive a full refund within 14 days will not apply.
7. United Kingdom Consumer Contracts (UK Consumers Only)
This Service is excluded from the
United Kingdom Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013,
under section 28(h): "services related to leisure activities".
8. Privacy and Use of Information
You may not use the Service for any unlawful purpose. We may refuse to grant you a Username that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
We reserve the right to monitor all content to ensure that it conforms to applicable guidelines.
10. Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct, any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
11. Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
12. Proprietary Information
The Service contains proprietary information. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
13. No Responsibility
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
15. External Links
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
17. No Warranties
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by MassageExchange.com™, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by MassageExchange.com™ or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
The Service may include various advice on a variety of matters. The Service makes no warranty for such advice and any such advice shall be used at your own judgment and risk.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
20. Disclosure and Communication
We reserve the right to notify you via e-mail to inform you about your account or changes to the Service. We reserve the right to disclose information about your usage of the Service and demographics in a way that does not reveal your personal identity.
21. Governing Law
This Agreement is entered into in Mountain View, California USA. You agree that it will be governed by, the laws of the State of California and that venue for any disputes arising out of this Agreement shall be subject to the courts of California and the applicable federal courts . If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.
THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF CALIFORNIA.
You may not assign this Agreement or any of your rights to the Service to anyone. MassageExchange.com™ may assign some or all of its rights and obligations under this Agreement or to the Service to any third party. If MassageExchange.com™'s obligations hereunder are assumed by a third party, MassageExchange.com™ shall be relieved from any and all liability under this Agreement.
You represent, warrant and covenant that you are at least 18 years old and have full right to enter into this Agreement.
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