TERMS AND CONDITIONS OF USE FOR MANCHECK SUBSCRIBER


NOTICE: Before You are authorized to visit or to access materials contained on MANcheck's own sites and before You are authorized to visit or to access materials contained on any of the independent "MANcheck Affiliated Sites" (as that term is defined in the Agreement which follows) through the use of MANcheck, You are required to read and accept the following Terms and Conditions of Use (this "Agreement"). WHAT FOLLOWS IS A CONTRACT. PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THE AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO BECOME A SUBSCRIBER TO MANcheck. You are prohibited from access to MANcheck's own sites or to the independent "MANcheck Affiliated Sites" unless You have accepted the Agreement, which follows. Authorized access to MANcheck's own sites and to any of the "MANcheck Affiliated Sites" is limited to those persons who have accepted the Agreement, which follows. Unauthorized access to any of MANcheck's own sites or to any of the "MANcheck Affiliated Sites" amounts to the crime of computer trespass or computer intrusion under the laws of one or more jurisdictions. You indicate Your acceptance of the following Agreement, the "Terms and Conditions Of Use for MANCHECK", by clicking on the "Submit" button when You apply to become a subscriber to MANcheck. Also, whenever You receive the benefit of access to the content of MANcheck's own sites or of that content contained in any of the "MANcheck Affiliated Sites", You thereby indicate Your agreement with the "Terms and Conditions Of Use for MANCHECK" as they may then have then been subsequently modified, changed, altered or newly promulgated, and as they may have been changed or added to, from time to time, in accordance with the terms of the Agreement, which follows:
1. Nature of Agreement. This Agreement is made and entered into by and between "MANcheck" (Diamont USA Inc a Floridian corporation), and "You", a subscriber to MANcheck (You) for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by You and MANcheck, by each of the following means indicating Your assent to the terms of this Agreement: 1) by clicking on the "Submit" button on the "Join" page, and/or 2) by accessing or otherwise taking advantage of the services and entertainment and/or informational materials provided by MANcheck and/or any of the "MANcheck Affiliated Sites".
2. Definitions and Electronic Signature. The terms "Member" and "Subscriber" and their plural forms, regardless of capitalization, all have the same meaning, and relate to or include You and do so regardless of capitalization. The term "Your" relates to You. "Membership" and "Subscription" and their plural forms are also synonymous terms in this Agreement and relate to Your benefits and obligations under this Agreement and Your relationship to MANcheck and its relationship to You under this Agreement; It includes Your access to the websites owned by MANcheck and the password access service that MANcheck will provide You for Your access to the autonomous and independently owed "MANcheck Affiliated Sites." Sites owned by independent web site operators who have or will contract for commercial password access services from MANcheck are referred to in this Agreement as "MANcheck Affiliated Sites" or "Affiliated Sites". The use of "MANcheck Affiliated Site" or "Affiliated Site" and their plural forms each refer to a site that is a member of the class of "MANcheck Affiliated Sites." Both "content" and "material" and their plural forms are synonymous terms which include, without purpose of limitation, every graphic image, whether still, streaming, or moving and including any audio content associated with any of them, every sound file, every animation, every design element, and all text contained on or in any part of any page of MANcheck's own web sites or in any page of any respective "MANcheck Affiliated Site". "The material to which You will gain access" and the "The content to which You will gain access" under this Agreement, are synonymous terms and include, without purpose of limitation, all content of any nature found at any time on MANcheck's own sites or on those of any "MANcheck Affiliated Site." "Change" includes, without purpose of limitation, any change, modification, alteration, the addition and/or deletion of words, terms and paragraphs, and the whole promulgation of a new Agreement and includes any plural form. You agree that by pressing the "Submit" button after this or any subsequent agreement has been proposed to You by MANcheck, You intend that act to have effect as Your signature and to be bound by that digital signature for all purposes in law as though You had manually signed Your signature to the Agreement on paper with ink, knowing and acknowledging that such an act creates a contract which may impose a financial liability upon You. Similarly, You agree that by entering Your MANcheck username/password combination to gain access to the contents of any MANcheck site or to that of any "MANcheck Affiliated Site" in the future, You intend that act to have effect as Your signature to the then-posted "Terms and Conditions Of Use for MANCHECK" as they may be subsequently modified, changed, or promulgated from this date forward, and to be thereby bound by that digital signature for all purposes in law as though You had manually signed Your signature to that Agreement on paper with ink.
3. MANcheck's Services and MANcheck's Relationship with "MANcheck Affiliated Sites". By this Agreement, and strictly subject to the terms contained within it, MANcheck 1) agrees to provide You access to its own web sites and a non-exclusive (but wholly revocable) PERSONAL AND NONCOMMERCIAL license for Your exclusively private use of the content (as it may change over time with the elimination of some entertainment and/or informational content and the addition of other content of a similar nature, there found and to be found on MANcheck's own sites) for the exclusive purposes of Your recreation, entertainment, enjoyment. Information and education, and 2) agrees to provide You with password access services that will enable You to access a variety of entertainment and/or informational websites described in this Agreement as "MANcheck Affiliated Sites" which, by entering into this Agreement, You know and acknowledge to be autonomous web sites, independently owned, operated, controlled, designed and written by persons having no relationship with MANcheck other than as commercial users of its password access and traffic program. You agree and understand that MANcheck has absolutely no control over the nature or amount of the respective content of any of these "Affiliated Sites" nor the billing and business practices of any of them. You understand and agree that there is no partnership, agency, or employment relationship between MANcheck and any of the "Affiliated Sites" and that MANcheck does not regularly nor routinely review, examine, censor, or monitor any of these "Affiliated Sites". You understand that the number, variety of such "MANcheck Affiliated Sites", and the entertainment and informational contents of any of them will not remain fixed, but that over time additions and eliminations of such sites will take place and that the content found on any of the respective "Affiliated Sites" will change both by addition and elimination. When You log onto MANcheck by use of the username/password combination that will be uniquely issued to You, You may enter into a directory that includes links to both MANcheck's own sites and "MANcheck Affiliated Sites". Should You click on a link to one of the "MANcheck Affiliated Sites", You will be notified by a window that You have left the content area owned and maintained by MANcheck and for which it has operational responsibility.
4. Modifications. This Agreement is subject to change by MANcheck at any time; Changes become effective immediately though any of the modalities described in this Section, or though the use of any combination of several of them, in the sole discretion of MANcheck: 1) upon posting of such changes on the Internet at http://www.mancheck.com/terms.html or 2) upon Email transmission to You or 3) after such posting or Email transmission, when You next access any MANcheck website page or any page of any of the "MANcheck Affiliated Sites", or when, after such posting or Email transmission, Your monthly membership next renews, whichever event shall occur first. You agree to read any Email sent to You by MANcheck on a daily basis and not to filter or otherwise defeat the transmission of Email sent to You by MANcheck and You agree to regularly and frequently examine the Terms and Conditions for MANcheck Subscribers as posted on at http://www.MANcheck.com/tsubt&c.html at least as frequently as You seek access to any MANcheck website page or any page of any of the "MANcheck Affiliated Sites".
5.Representations in General. You agree that each of the representations You make in Sections 5., 6, 7. and 8. of this Agreement (and in any of their parts) is a material representations going to the essence of this Agreement, and that by making each You intend to induce MANcheck to enter into this Agreement with you and to perform under this Agreement to your advantage. You acknowledge that MANcheck relies and depends upon the truth of Your following representations in entering into this Agreement with You and in performing under it, that You are in a position of better knowledge than MANcheck as to the truth of the representations You make to MANcheck in this Agreement, and that it is impractical or impossible for MANcheck to independently investigate into the truth of Your representations. To the maximum extent permissible or possible under the laws of any jurisdiction whose law may govern the execution of this Agreement, You certify and swear to the truth of the representations of this Agreement, and You make these representations under oath and under the penalties provided in law for perjury and/or false swearing, because You know them to be true on the basis of Your own personal knowledge. Your access to view, read, hear, and examine and download the content to which You will gain access under this Agreement is strictly conditioned upon the truth of all of the representations and Your compliance with the promises contained in Sections 5., 6., 7. and 8. of this Agreement in any of their parts: Any access to or use of said content in violation of this Agreement amounts to a material breach of this Agreement, a use outside the license and permission granted in this Agreement exclusively for personal recreation, enjoyment, and education, and Such access may also amount to the crimes of computer trespass or computer intrusion under the laws of one or more jurisdiction.
6. Representation as to Majority. You represent and certify to MANcheck that You are an Adult who has reached the age of majority for all purposes, with full and unimpeded competence and capacity to enter into this and other binding contracts (and to lawfully view, possess, and use Adult erotic materials) under the laws of the place where You give assent to this Agreement and at every place where You shall access any MANcheck website page or any page of any of the "MANcheck Affiliated Sites" or where You may view or download any of its graphic or text content or otherwise receive any benefit under this Agreement. You have attained the age of eighteen years. If You are now located in Alabama, Mississippi, Nebraska, or Wyoming, You represent that You have attained at least twenty-one years of age. You agree that You will not access MANcheck, nor upload nor download any sexually oriented content, nor view any materials you have obtained from any of the web sites to which you will gain access under this Agreement, in Alabama, Mississippi, Nebraska, or Wyoming - or in or from any other place age-restricting access to explicit sexually oriented content to persons of at least twenty-one years of age unless You have attained the age of twenty-one. Upon request of MANcheck, You will provide to its designated representatives a copy of any and all documents it may request of You and You will render to it such statements that it may, in its sole discretion, determine to be of aid to it in establishing Your identity, Your age, the location(s) where You have entered into this Agreement, the location(s) where You access or download (or have accessed or downloaded) content from any page of MANcheck's own web sites or any page of any of the "MANcheck Affiliated Sites", or the location(s) where You otherwise receive, have received, or will receive any benefit under this Agreement.
7. Disavowal of Illegal Purpose and Agreements Regarding Fraud. Limitation on Authorized Access. You represent and certify to MANcheck that You disclaim any and all unlawful or illegal or fraudulent purposes, aims, or intentions or conduct in Your access to MANcheck's own web site pages and to those of the "MANcheck Affiliated Sites", and in Your dealings with MANcheck, including with respect to the tax laws of any jurisdiction to which You are subject. You agree to refrain from any and all unlawful, illegal, or fraudulent conduct in Your dealings with MANcheck and in relation to any content to which You will gain access under this Agreement. You represent that the credit card information You supplied to establish or continue membership in MANcheck relates to a bona fide credit card issued to You by a financial institution under the number and with the expiration date and billing address You have provided and that You obtained the use of that credit card without fraud, misrepresentation, or illegality in Your application to the issuing institution. You agree that You will never provide any credit card number or other credit information to MANcheck that does not relate to a bona fide credit card issued to You by an issuing financial institution, under the number and with the expiration date and billing address truthfully associated with an account owned by You, and that it will relate only to a credit card which will have been issued to You without fraud, misrepresentation, or illegality in Your application to the issuing institution. You agree that will not make any untrue or fraudulent statement to any person in evading or contesting the legitimate charges to which You have agreed to be liable under the terms of this or any other Agreement with MANcheck, and You agree that should You make any untrue or fraudulent statement in this regard, You will be liable to pay MANcheck any reasonable costs of legal representation that MANcheck or its designee may incur in collecting such legitimate charges from You by way of informal collection, suit, or both. You understand that by making false statements in connection with Your financial obligations under this Agreement, You may be guilty of the crime of Wire Fraud under the laws of one or more jurisdictions, including those of the United States of America.
7a. Material Harmful to Minors. You understand that all or a substantial part of the content to which You will obtain access through this Agreement is harmful to minors. No person who is under the age of eighteen (18) years, or who is otherwise barred by law from access to this content because of a higher local age limit, may directly or indirectly view, download or possess any of the contents of MANcheck or its "Affiliated Sites". You agree that you will not permit, facilitate, aid, assist, abet or tolerate any person in viewing or obtaining access to MANcheck or to any material downloaded from MANcheck's own sites or from any of the "MANcheck Affiliated Sites" who is not legally permitted to have such access; Those persons include: 1) all persons under the age of eighteen and 2) persons under the age of twenty-one years when such persons are present in Alabama, Mississippi, Nebraska, and Wyoming; and 3) persons present in any other jurisdiction imposing age-restriction on such access to persons twenty-one or older who have not yet attained that age. You agree to take all serious, effective, and necessary actions to positively assure that neither Your password nor any material that has ever appeared on any of the websites to which You will obtain access under this Agreement will fall into the hands of minors nor be seen by them during the period of their minority.
7b. Representations as to Your Knowledge of Laws and Community Standards Applying to You in Relation to Obscenity Other Offenses. You agree that it is Your duty to KNOW AND COMPLY with all of the laws, which have and will have effect on Your conduct and You promise MANcheck, by entering into this Agreement, that You will know and comply with all laws and regulations that apply to You. You agree that You are responsible for knowing and understanding all laws and regulations concerning adult-oriented erotic content (including, by way of example and not by way of limitation, any laws concerning matter harmful to minors and obscenity) having force and effect in every jurisdiction to which you are subject when using MANcheck's services. You also agree that You are responsible for knowing and understanding Your relevant "contemporary community standards" to the extent that these standards may form or establish part of the elements of the offenses of Obscenity, Distribution of Obscenity, Distribution of Materials Harmful to Minors, or any offense at all. All laws proscribing the delivery or distribution of erotic materials and the applicable community standards of every place where You shall access the materials to which You will gain access under this Agreement are incorporated into this Agreement and are made a part of this Agreement. MANcheck provides its services worldwide. MANcheck in no way represents or warrants to You that the content contained in MANcheck is compliant with all of the laws that may apply to You in every place where You may access the content to which You will gain access by entering into this Agreement. You acknowledge that MANcheck does not know, and cannot reasonably be expected to know by technical means available to it, the actual location at which You have entered into this Agreement nor the actual locations from which You will access MANcheck or its Affiliated Sites. You acknowledge that You do know these locations Yourself and, by entering into this Agreement, and by each act of subsequently gaining access to any content under this Agreement you Agree that you are wholly familiar with the laws, regulations, and "contemporary community standards" of each place from which you do so. You agree that You will not view, receive, receive for another, furnish, transmit, make available, or distribute, directly or indirectly, any content to any person under circumstances where such conduct would be illegal. You agree that should You download and/or view any material from MANcheck's own web sites or those of any "MANcheck Affiliated Site" that You believe to be illegal (as obscene or otherwise, without limitation) at the place where You are then located, You will immediately destroy any so downloaded and/or viewed file in such a fashion that it cannot be recreated and IMMEDIATELY report the event, including the URL, where You found the material, to MANcheck at the following Email address: sales@mancheck.com. You hereby represent and acknowledge and agree that You fully understand that the content contained in MANcheck depicts explicit and extremely graphic depictions of nudity and actual sexual conduct as part of an exploration and celebration of the gay/homosexual lifestyle and that it includes fetish content, including content with Sado-Masochistic themes, that You are familiar with materials of these graphic genres on the Internet and in contemporary society, and that neither You nor the prevailing contemporary community standards of the places where You will obtain access to such material are offended by frank and extremely graphic depictions of these genres. This representation is a material term of the essence of this Agreement. If You are offended by this genre of graphic material, or if You may be so offended, or if You believe that Your "contemporary community standards" would be patently offended by such material, You cannot truthfully agree to this representation, any access You may receive to the content described is outside the terms of this Agreement, such a representation renders this Agreement void, and any access to such materials by You under this Agreement may amount to trespass or computer intrusions under the criminal laws of one or more jurisdictions.
7c. Limitation on Access. All graphic content to which You will obtain access under this Agreement is exclusively authorized for access and/or distribution to persons (1) who have attained an age at which they are treated by the laws of the jurisdiction in which they are present as adults for the purposes of access to erotic materials that may be harmful to children, (2) who become subscribers to MANcheck by entering into this Agreement with MANcheck, (3) who are present in locations where such content does not infringe upon or violate any law or regulation of any character there in force and effect, whether federal, national, state, provincial or local, in Canada or the United States, or of any other country or territory which may have jurisdiction. Access outside these specified criteria is unauthorized by MANcheck. Unauthorized access to MANcheck's own sites or those of the "MANcheck Affiliated Sites" amounts to the crime of computer trespass or computer intrusion under the laws criminal laws of one or more jurisdictions.
8. Disavowal of Non-recreational Purpose. You promise that You shall never access MANcheck for any purpose or reason resulting (even in part) from a duty, obligation, task or mission that arises from any profession, occupation, job, calling, or office of any character at all. By entering into this Agreement, You represent and warrant to MANcheck that Your sole and exclusive reason for access to MANcheck is Your own personal recreation, enjoyment, and education: You further disclaim any purpose of investigation or reportage. You particularly represent to MANcheck that You are not a journalist, clergyman, law enforcement agent or officer, attorney, paralegal or a person working with any of them, acting in any official or professional capacity or role.
*****9. Credit card charges. You grant permission to MANcheck to make charges to Your credit card as provided and disclosed on the payment form and as further provided under the terms of this Agreement. You agree that in entering into this Agreement and obtaining a MANcheck password under this Agreement, You will receive a membership with the term of your pre-selected choice from http://www.mancheck.com which will grant you access to "MANcheck Affiliate Sites" and may, if chosen, include a demo of MANcheck's premium site and video service. At the conclusion of the membership term, Your subscription will not renew at the listed rates for MANcheck.com at the time of signup (unless canceled within the trial period) and in accordance with the all terms agreed to at the time of signup including, but not limited to this Agreement, as it may then have been modified pursuant to the terms of this Agreement. You also agree to the terms and conditions set forth by the independent billing company which are recited or linked from the page by which You entered Your credit card information at the time You subscribed to MANcheck as well as the provisions of this Agreement. You agree to contact MANcheck customer support at sales@MANcheck.com or the billing company Epoch.com at support@billingsupport.com or CCBill.com at consumersupport@ccbill.com with all billing issues that may arise from surfers subscription to MANcheck.com. Billing services are provided by Epoch.com and CCBill.com. SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS. THAT MEANS THAT YOUR CREDIT CARD WILL CONTINUE TO BE BILLED MONTHLY BY MANcheck AT THE THEN-EFFECTIVE MONTHLY SUBSCRIPTION RATE UNTIL YOU CANCEL YOUR MEMBERSHIP UNDER THE TERMS OF THIS AGREEMENT. IN ORDER TO BECOME EFFECTIVE, A CANCELLATION OR TERMINATION MUST BE TRANSMITTED TO MANcheck AND RECEIVED BY IT NO LATER THAN 24 HOURS BEFORE THE CURRENT MONTH'S MEMBERSHIP IS TO END. CANCELLATIONS TRANSMITTED OR RECEIVED WITHIN 24 HOURS BEFORE THE NEXT'S MONTH'S CHARGE IS TO BE INCURRED CANNOT AND WILL NOT BE PROCESSED TO CANCEL THE ACCOUNT BEFORE THE NEXT MONTH'S CHARGE IS INCURRED, AND SUCH CANCELLATIONS WILL TAKE EFFECT AT THE CONCLUSION OF THE FOLLOWING MONTH. CANCELLATIONS MAY BE MADE BY USING OUR ONLINE TOOLS OR BY EMAILING SUCH CANCELLATION TO: sales@mancheck.com WITH YOUR USERNAME AND SUBSCRIPTION ID NUMBER (and with email return receipt). MEMBERSHIP FEES ARE NON REFUNDABLE AND MANcheck MAY PERSUE BY COLLECTION AGENCIES AND SUIT IN COURTS OF LAW ANY SUBSCRIBER KNOWINGLY DEFRAUDING THE MANcheck BY CREDIT CARD CHARGEBACKS OR REFUNDS. IN CASES IN WHICH WE SUSPECT BAD-FAITH ATTEMPTS TO STEAL THE VALUE OF ACCESS PROVIDED TO YOU IN GOOD FAITH, YOUR IDENTITY MAY BE REPORTED TO THIRD PARTY BILLING COMPANIES WHICH MAY PRECLUDE YOUR ABILITY TO SUBSCRIBE TO OTHER WEB SITES.
10. Copyright and Intellectual Property. All content contained in MANcheck's own sites and in the "MANcheck Affiliated Sites" is protected under the law of copyright, and is owned by or is presented under license to MANcheck or to one or more of the independent "MANcheck Affiliated Sites" respectively, and such content represents proprietary and valuable intellectual property. You cannot, under any circumstances, access, view, download, receive and make use of said content except as specifically and in writing authorized by the owner of the copyright in the content or his, her, or its authorized licensee. You agree and warrant that You will not use the content to which You gain access under this Agreement in any public performance, nor in any commercial manner whatsoever, nor republish them nor distribute them in any fashion to any other person nor use any such in any manner inconsistent with the intellectual property rights of the owner of the content.
11. Password. Upon becoming a member of MANcheck, MANcheck will provide You with a unique Username and password combination, which allows access to MANcheck's own sites and to the "MANcheck Affiliated Sites". The username and password are, and shall remain, the sole and exclusive property of MANcheck. The username and password are confidential and proprietary material of MANcheck. You have a strict obligation to keep the username and password confidential. Should the confidentiality of either Your username or password become, or You have reason to believe that either may have become, compromised or learned by a person other than You, You agree to immediately to inform MANcheck via E-mail. You agree that You incur liability under this Agreement for any unauthorized use and/or disclosure of Your username/password combination caused by Your intentional or negligent conduct. You agree that should You post, disclose, or share Your username/password combination, online or offline, generally or to any other particular person or persons, You will are liable to MANcheck for the monthly membership fees, at the then posted rate, for each person who has obtained access to MANcheck materials or materials found on a "MANcheck Affiliated Site", for the duration of such access before the incursions are detected and halted, together with the reasonable costs of brining suit and recovering damages from You. Your acceptance of the terms contained in this Section is a material term of this Agreement. Remember Your ID and password, because MANcheck will not release that information to anyone, including You, for any reason.
12. Stolen, Lost, Cancelled Credit Card. If the address or any other information pertaining to Your credit card is changed for any reason, or if Your credit card is lost, stolen, or cancelled, You agree to immediately inform MANcheck via e-mail with return receipt. Your failure to do so is a material breach of this Agreement.
13. Indemnification and Defense. You agree to defend (though counsel of MANcheck's own selection) and to indemnify and hold MANcheck and any of its owners, operators, employees, agents and attorneys harmless from any liability, damages, claims, actions, prosecutions, arbitration or mediation proceedings or suits (including all costs and attorney's fees) arising in any way out of Your use of a MANcheck username/password combination or the receipt, viewing, transmission or retransmission, or use of any content to which you gained access under this Agreement, or from any other matter whatsoever arising from these terms and conditions or arising from any services rendered to You by MANcheck. You agree to defend MANcheck (through counsel of its own selection) and to indemnify and hold MANcheck and any and all of its owners, operators, employees, agents and attorneys, harmless from and against any and all liabilities, claims, damages and costs (including for example and not by limitation, attorney's fees, government fines or forfeitures) if such liabilities, claims, damages or costs arise from any breach or alleged breach by You of any promise, covenant, representation or warranty made by You in this Agreement, including but not limited to attempted or actual unauthorized access, downloading, viewing, retransmission, duplication or other unauthorized use of any content, including but not limited to any disruption of the any web site mentioned in this Agreement, which was caused directly or indirectly by Your intentional act or negligence.
14. Disclaimer of any Warranties. MANcheck GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MANcheck, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS SECTION. NO TERM OF THIS AGREEMENT MAY BE MODIFIED OR CHANGED EXCEPT IN WRITING AND NO ORAL REPRESENTATION OR STATEMENT OF ANY REPRESENTATIVE OF MANcheck IS RELIED UPON BY YOU IN ENTERING INTO THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ALL CONTENT PROVIDED IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY SORT WHATSOEVER. MANcheck IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION OF CONTENT OR PROGRAM DOWNTIME, NOR FOR ANY VIRUS, TROJAN HORSE, WORM, OR OTHER DELETERIOUS PROGRAM OR INSTRUCTION THAT YOU MAY RECEIVE AS A RESULT OF YOUR MEMBERSHIP IN MANcheck. IN NO EVENT SHALL MANcheck BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, MANcheck OR THE CONTENTS THEREOF, EVEN IF MANcheck WAS PEVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. SOME JURISDICTIONS DO NOT PERMIT A DISCLAIMER OF CONSEQUENTIAL DAMAGES; YOU SHOULD CONSULT THE LAWS OF THE RELEVENT JURISDICTION IN ORDER TO DETERMINE THE EFFICACY OF SUCH A DISCLAIMER. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY MANcheck IS A REFUND OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE.
15. Mutual Right to Cancel. Access to MANcheck may be terminated by You at any time, with or without cause. In such event, You agree to be personally liable for all charges incurred by You during or through the use of MANcheck until the expiration of Your subscription period but if communicated or received within 24 hours before the end of a subscription period, it shall become effective only at the end of the next following billing period. Your access to MANcheck may also be terminated by MANcheck at any time, with or without cause and with or without prior notice. In such event, You will be refunded any unused portion of Your membership fee.
16. Disclaimer of Responsibility for Content of Third-party Advertisements. MANcheck does not censor, screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through MANcheck. MANcheck does not regularly nor routinely review nor censor the contents of any of the "MANcheck Affiliated Sites" and it does not control the contents or business practices of any of them. You are advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of MANcheck prior to purchasing goods and/or services described or advertised on MANcheck or on any of the "MANcheck Affiliated Sites". You agree to hold MANcheck harmless for any loss or damages occasioned by any advertisement, which may appear on any site to which You will gain access under this Agreement. You acknowledge and agree that MANcheck is not responsible for any contact that You may receive as a result of Your use of the MANcheck password or resulting from Your visit to any site accessed by use of the MANcheck username/password combination, whether such contact is from cyberspace, by telephone, though e-mail, by snail mail, or in person, or consisting of advertising spamming, solicitation, or recruitment. You specifically agree and consent that MANcheck and its Affiliates and any of its Associates or designees may send You email, newsletters, and advertisements from time to time.
17. Choice of Law, Exclusive Jurisdiction. You further acknowledge and agree, by applying for or accepting membership to MANcheck, that these terms and conditions shall be construed under and pursuant to the laws of the State of Delaware (exempting and disregarding only its laws, decisions, and rules of law concerning choice of law) and the sole and exclusive jurisdiction and venue for any action to enforce, interpret or otherwise deal with these terms and conditions, arising in any manner from or involving MANcheck or concerning any rights or causes of action of any sort or kind arising from their relationship or dealings or acts by You or MANcheck in connection or relation to one another, regardless of whether others may be also involved, shall be in the State of Delaware, in the courts of that State or in the Untied States District Court for the District of Delaware. You agree to the personal jurisdiction of the courts of Delaware and the United States District Court located in Delaware.
18. Privacy Policy. You agree that MANcheck may, freely, for any sound business purpose, disclose, disseminate, sell, lease or transfer any private information or correspondence provided to it by You or otherwise obtained from any source concerning You to any other person. All data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of MANcheck and all such information, including that obtained from You, may be used for any sound business purpose.
19. Disclaimer of liability for technical interruptions and damage to equipment and programs. MANcheck does not guarantee or warrant the compatibility of Your equipment, computer or software, (including but not limited to, the type of computer, computer configuration, compatible codex or codices, browser software, other software, dial up account, TCP/IP, Winsock [or equivalent in any operating system] or online service) with its own sites nor with any of the "MANcheck Affiliated Site" nor with the content of any of them. MANcheck is not responsible for any interruption in Your service or Your inability to access MANcheck's own sites nor ay of the "Affiliated Sites" due to technical difficulties or failure of the internet, world wide web, phone lines, switching or any other causes beyond its control. You assume all risk and accept all responsibility for any and all use of a MANcheck Membership, for access to MANcheck's own sites and any "Affiliated Site" and for the use of any materials or content (including programming, code, software, encryption, data or other information technology) obtained from either.
20. Severability. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included
21. Whole Agreement. Prior Discussions and Agreements. You acknowledge, represent and warrant that You have read these terms and conditions and agree to be bound by them (as they may be modified in accordance with the terms of this Agreement) as part of and in consideration of Your MANcheck membership. You agree that this Agreement fully and completely integrates and incorporates the whole and exclusive terms of all agreements between You and MANcheck, subject to the provisions of this Agreement providing for change, and You agree that all prior discussions, agreements, or negotiations between the parties are either rescinded by mutual agreement or have been integrated into this Agreement, but that none any longer survives as a matter that is enforceable independent of the terms of this Agreement. No third-party rights inuring to the benefit of MANcheck as the result of any contract or agreement you may have with any other person are prejudiced by the provisions of this Section. You acknowledge that any separate agreement into which you may have entered or will enter with a Third Party Billing Company remains or will remain fully binding upon you.
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