THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY BEFORE USING OR ACCESSING THIS WEB SITE OR ITS SERVICE, WHETHER OR NOT YOU REGISTER AS A PROVIDER/MEMBER OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THIS WEB SITE OR ITS SERVICE. OTHERWISE, BY USING OR ACCESSING THIS WEB SITE AND/OR ITS SERVICE IN ANY WAY, (INCLUDING, WITHOUT LIMITATION, FOR AS LONG AS YOU REMAIN A MEMBER,) YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (“Agreement”, “Terms of Service”, or “TOS”, used interchangeably) is a legally binding contract between you and Massage Seekers LLC (the “Company”, d/b/a Massageseekers.com) and applies, without limitation, to your use of and/or access to the web sites, web site applications and/or web site servers of Massageseekers.com (collectively, the “Web site”), the Web site’s interactive computer services and all other services provided by the Web site and/or by the Company in connection with the Web site (collectively, the “Service”). If you access and/or use the Web site, you are using the Web site and the Service, and by using the Web site and/or Service, you agree to be bound by this Agreement as provided to you in electronic form, whether or not you register as a provider/member (“Provider” or “Member”, used interchangeably). We encourage you to print this Agreement or to otherwise save a copy for your reference. In this Agreement, “you” and “your” as well as “I”, “my” and “mine” refer to you, the person or entity using the Web site and/or Service; “Member” and “Provider” mean an entity or person registered for a Web site advertisement account; “User” refers to any entity or person, including but not limited to you and/or any Provider/Member, using the Web site and/or Service; “Massageseekers.com” refers to either LLC or to the Web site with the Massageseekers.com domain name (and successor and alternate domain name(s) designated by us), as appropriate; and “we”, “us” and “our” refer to massageseekers LLC. This Agreement shall be binding upon and inure to the benefit of the parties hereto.
This Agreement shall constitute a “writing signed by You” under any applicable law or regulation and incorporates by reference our:
Any rights not expressly granted herein are reserved by MassageSeekers.com.
You must agree to and abide by all provisions of this Agreement. You must be at least 18 years of age and not considered to be a minor in your state of residence in order to register as a Provider (Member) or use the Service. Membership in or use of the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not use the Web site or Service on behalf of any other party, including without limitation to register, post, transmit, view or access any content. If you are an agent, agency or third-party, or you have ever been subject to a past revocation or involuntary termination of a Massageseekers.com or membership, or you have been banned by us from using the Service, you are not eligible to use the Service.
You are responsible, at your own expense, for obtaining and configuring all equipment, software and services needed to access and to use the Web site and Service. We do not guarantee that the Web site and Service are or will be available in all geographic locations or that the Web site and Service are or will be compatible with your existing or future equipment, software, services or configuration.
To post an ad, you must also fulfill all of the following:
- Comply with all local, state, provincial, federal and international regulations, ordinances, statutes and laws, if any, that apply to you and your advertisement.
- Register for a membership.
- Complete and maintain you Provider Profiler.
Some Providers may be featured from time to time on the Web site homepage and/or elsewhere on the Web site, and preference may be given to subscribing Members for some or all of these available spots. If you are a Provider and you would like to be so featured, please make sure that your ad and photos are fully acceptable for display on our homepage. However, you agree that MassageSeekers.com may exercise discretion over the selection of any featured Providers and that there is no guarantee that you will be featured, and by becoming a subscribing Member, you are not purchasing a right to appear.
MassageSeekers.com has no duty, obligation or responsibility to verify the eligibility, skills, qualifications, advertised credentials and/or representations of any Provider (Member) or User, but WE RESERVE THE RIGHT, AND YOU AUTHORIZE US AND OUR AGENTS, TO VERIFY AND TO REQUEST VERIFICATION (I.E. PROOF) AND/OR EXPLANATION OF YOUR ELIGIBILITY (AND/OR ANY REPRESENTATIONS THAT YOU MAKE) FROM YOU AND/OR FROM ANY OTHER PARTY AT ANY TIME FOR ANY REASON IN ANY FORM, INCLUDING AND WITHOUT LIMITATION, REQUIRING GOVERNMENT-ISSUED PHOTO IDENTIFICATION, GOVERNMENT-ISSUED BUSINESS IDENTIFICATION AND/OR GOVERNMENT-ISSUED PROFESSIONAL LICENSE, TO OUR REASONABLE SATISFACTION. DISTRIBUTION OF YOUR AD AND YOUR USE OF THE SERVICE MAY BE SUSPENDED IN WHOLE OR IN PART AT YOUR EXPENSE WHILE WE AWAIT AND/OR EXAMINE SUCH VERIFICATION AND/OR EXPLANATION, AND YOUR FAILURE TO PROMPTLY COMPLY WITH ANY REASONABLE REQUEST BY US OR OUR AGENTS FOR VERIFICATION OR EXPLANATION WILL CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT.
3. MEMBERSHIPS AND SUBSCRIPTION; PRICING
You may become a (limited) Member of the Service without purchasing a subscription to the Service. As a (limited) Member, you may have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, to include broader advertising power and potential, you may need to be a paying subscriber to the Service, i.e. be a subscribing Member. Please see your My Account page (after logging in) for a description of the current subscription plans and their prices.
If you are a subscribing Member, your posted profile/ad may be distributed in response to User requests and otherwise, including in large or competitive market areas, subject to the Terms of Service. If you are a (limited) Member, your profile/ad may also be available for distribution, but distribution of your posted profile/ad may be substantially limited, distributed only in response to more limited searches and/or in small market areas and/or only to some class(es) of Users and/or intermittently without assurance.
We may require the payment of fees for new or existing services, and for such other features, products, services, memberships or licenses that you purchase or that are purchased through your account(s) with us.
This Agreement will remain in full force and effect while you use the Service and/or are a Member.
If you are a Member, you may terminate your membership at any time, for any reason, by following the instructions on the Membership Resignation page (after logging in). We are not required to accept your membership termination by any other means. MassageSeekers.com may also terminate your membership at any time, for any reason, with or without notice to you. Otherwise, please be aware that subscription expiration, subscription cancellation and/or your non-payment of any fee does not constitute termination of your membership. Once you have registered as a Member, you remain a Member until either you resign your membership as described herein or we terminate your membership; and as a Member, you are using the Web site and the Service, even if you have no subscription or your subscription has expired, even if you are no longer connected to the Internet, even if your posted ad is not visible to anyone, and even if you have not posted an ad.
After your membership is terminated for any reason and/or you cease to use the Service, all terms of this Agreement that by their nature may survive the termination of your membership and/or your ceased use of the Service shall be deemed to so survive, and continue in full force and effect, to the fullest extent permitted by law.
5. NATURE OF THE SERVICE
Except as prohibited by law or by this Agreement or otherwise, if you are a Provider (Member), you may use your Provider profile/ad and reviews to offer, sell, advertise and promote your massage / bodywork services, and only secondarily, such other similar or closely-related services (e.g. personal training, diet / nutrition / exercise and/or health education, yoga, mind/body relaxation and/or conditioning, other holistic services, etc.) that you may additionally wish to offer. However, you may not offer “massage exchange”, i.e. massage services in exchange for massage services, unless your offer of such massage exchange is only ancillary / secondary to your offered non-exchanged massage / bodywork services.
Likewise, except as prohibited by law or by this Agreement or otherwise, you may use the Service as a User to search for Providers of your choice and to reply, inquire, pursue or follow-up regarding Providers’ advertisements, when/if you do so in your capacity as an individual, natural person strictly for your own personal, private, non-commercial use and enjoyment. Users may likewise also participate in a Service-sponsored Provider review process.
You agree to not make any other use of the Web site or Service without prior express written consent from MassageSeekers.com. As a limited exception, except as prohibited by law and/or by this Agreement, a general purpose Internet search engine may, for non-competitive purposes only and for its own use only and not on behalf of any other party, respectfully access the Web site without an individual / custom written agreement executed with Massageseekers.com if, in all cases and individual instances: (a) with respect to any search engine match, display or transmission of any information obtained from the Web site and/or Service, the search engine always provides an obvious direct hyperlink to the appropriate corresponding page on the MassageSeekers.com Web site, and does not provide more than a snippet of the information, and any/all information provided is always current and not out-of-date; (b) the search engine accesses the Web site from a stable IP address using a unique and easily identifiable robot user agent; (c) the search engine complies with our robots.txt file and our HTML/HTTP robots tags in accordance with the widely accepted standard and does not attempt (successfully or not) to circumvent any Web site or Service-related technological measure implemented to limit, restrict and/or regulate the use of and/or access to the Web site or Service; (d) we may terminate this limited exception at any time and in our sole discretion, upon written notice, including, without limitation, by email notice; (e) promptly upon such termination and/or upon exclusion by our robots.txt file, the search engine no longer enables or permits any further access by the public and/or by others to information that had been obtained from the Web site and/or Service via this limited exception; and (f) the search engine exercises reasonable safeguards against third-party abuse of this limited exception with respect to its own dealings with third parties.
You further agree that in every instance your use of the Web site and Service must always be lawful. You may not use the Web site or Service to advertise, participate in, facilitate, or further illegal activities. You may not offer or hold yourself out as able/authorized to practice any service or in any activity, capacity or profession for which a license, certification, diploma, qualification, permit or other authorization is required if you do not have the required license / certification / diploma / qualification / permit / authorization.
6. VENUE ONLY
We do not participate in any transaction between Providers and/or Users, and we have no obligation to deliver or make good on any offer, arrangement or transaction between Providers and/or Users, nor do we have any control over or make any representations or provide any assurance concerning (i) the quality or legality of any offered product or service, (ii) the truthfulness of any listing, advertisement or review, (iii) the ownership of any item offered for sale, (iv) the ability of any seller to ship, deliver or provide any item or service, or the ability of buyers to buy any item or service, (v) that any item or service is safe, non-infringing as regards to the intellectual property rights of any person or entity or free of any and all encumbrances, liens or contractual claims or (vi) that the sale or advertisement of any item or service complies with the applicable legal requirements for the sale, advertisement and/or transport of that item or service, including but not limited to statutes, regulations or requirements of any country, state, province, municipality or other government authority or regulatory entity regarding advertisements, sales, export or import control, taxation, duties or tariffs, or presence or licensing of brokers (the foregoing, “Legal Requirements”).
7. MEMBER ACCOUNT
If you are a Member (Provider), the following items apply to your Member account:
Member Name. Your Member name may not be unlawful, lewd, vulgar or profane. It may not be deceptively similar to that of any other Member, and it may not imply any affiliation with MassageSeekers.com. MassageSeekerscom reserves the right to change or deny the use of any Member name for any reason. When choosing your Member name, please remember that your Member name may be seen by the public.
Password. You are responsible for the degree of difficulty in guessing your password (and any answers to your account security question(s)) and for maintaining the confidentiality of your password and any information associated with your Member account that you desire to remain confidential. You also agree that you are fully responsible for any and all activities that take place or occur under your password and Member name and/or by anyone logged in to your Member account. You agree to (a) immediately notify MassageSeekers.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit (logout successfully) from your account at the end of each session, check out http://www.masterpaving.ie/. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, access or record your password or other confidential information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature you may have on your computer.
Registered E-Mail Address. You must provide us with and maintain your correct, current, working, functional and verifiable e-mail address as part of your Provider Profile at all times during the term of the Agreement and maintain the working operation of such e-mail address. Your failure to provide or update us with or maintain such e-mail address (1) may necessitate (and you authorize) that we may contact you by phone, fax, postal mail or other means as we might find necessary or appropriate in our sole discretion, though we shall have no obligation to do so; (2) shall relieve us of any obligation or requirement to notify you in any regard pertaining to this Agreement or your use of the Web site or Service; and (3) may result in the non-distribution of your profile/ad and suspension or termination of your membership.
You affirm that any e-mail address(es) registered to/with or otherwise submitted to or maintained with your account or ad/profile, to include, without limitation, any e-mail address submitted as part of your account registration or as part of any update to your account or ad/profile while logged into your account (such as any e-mail address submitted as part of an update to your advertisement or submitted with a financial transaction for your account), is and is required to be your correct, current, working, functional and verifiable e-mail address.
You affirm and agree that we may, at our option at any time and without necessity of further verification, enable or allow any owner(s) and/or user(s) of any e-mail address, telephone number or other contact registered to/with or otherwise submitted to or maintained with your account or ad/profile to have access to your account(s) with us, in any degree, including, without limitation, providing, enabling and/or allowing login access and/or access to and disclosure of your Member name, account password, account status, billing issues and reminders, financial records, any past or present registered e-mail address(es) and other information and/or features connected with your account. We will not be responsible or liable, directly or indirectly, for any adverse consequences connected to or arising from such provision, enabling or allowance or to your submission or use of any e-mail address, telephone number or other contact, including, without limitation, any contact belonging to, connected with or controlled by a third party.
Provider Profile/Ad Content. You agree to responsibly maintain your profile/ad, including, without limitation, any reviews that you publish in connection with your ad, and you agree that you will always keep your profile/ad content and information current, legal, true, accurate and not misleading or deceptive. As an example, without limitation, it is misleading to post, in connection with your profile/ad, any photo or image of any person, place or thing that might reasonably be perceived to have a material connection to you and/or your advertised services when in reality the depicted person, place or thing does not have the perceived material connection.
You agree to maintain your ad/profile at all times in compliance with all local, state, provincial, federal and international regulations, ordinances, statutes and laws, if any, that may apply to you and/or your advertisement. This provision applies not only to the information you submit for your profile/ad but also, without limitation, to your profile/ad’s presence on the Web site and its appearance when displayed on the Web site to Users. Accordingly, you agree to review your profile/ad to verify that its presence, appearance and display is legal, correct and proper. You understand and accept that your profile/ad and Member information might be displayed or otherwise shared on the same Web site page or otherwise in proximity, connection or relation to other ads and/or information from other Providers or parties that you cannot control, that could be objectionable, and/or that other persons might see but you might not see. By choosing to use the Web site or Service, you agree to accept and bear all associated risks to the fullest extent permitted by law.
Unless required by law, do not include any HyperText Markup Language (HTML) code in your profile/ad not expressly authorized by the Web site’s editor tool.
Transfer/Agency. You may not transfer any MassageSeekers.com membership or Member account, and no use of your Member membership or Member account by your agent(s) is authorized.
Access via Related Web Sites. Subject to the Terms of Service, you may also login and access your Member account and Provider profile/ad content, as well as renew, reinstate or upgrade your membership, via our related websites, using your same Member name and password. You understand and agree that by posting and displaying your profile/ad information to/on the Web site, your profile/ad information may be displayed on any of our related web sites, including, without limitation, and distributed via the Service.
Multiple Accounts/Ads. You agree to not create multiple accounts or post multiple ads. If you create more than one account or post more than one ad, we reserve the right, at our option, to terminate any or all of the accounts and ads without notice to you, and you will not be entitled to any refund of any fees paid.
Responsibility. You are responsible for all conduct and activities on, through, or by use of your Member account. In no case shall we be treated as the publisher or speaker of, or responsible or liable for, directly or indirectly, any content or information provided by you or by any other person or entity that is responsible, in whole or in part, for the creation or development of such content or information. You may not register for a Member account on anyone else’s behalf, and you may not use anyone else’s Member account, and you may not authorize, enable, induce or encourage anyone else to use your Member account.
8. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT
(a) Billing and Payment. MassageSeekers.com bills you through an online account (your “Billing Account”) for billable use (or misuse) of the Web site or Service and for any other billable fees or charges, including but not limited to any subscription payments or donations that you make to MassageSeekers.com. You agree to pay MassageSeekers.com for all charges made to your Billing Account (including, without limitation, any charges made or incurred by your agents or by others using your account), and you authorize MassageSeekers.com to charge your chosen payment provider (your “Payment Method”) accordingly. You agree to make payment using that selected Payment Method, subject to agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. However, if MassageSeekers.com does not receive payment from your Payment Method, including, without limitation, if MassageSeekers.com chooses to not charge your selected Payment Method, then (i) you agree to pay all amounts due on your Billing Account upon demand, and (ii) you agree that until all amounts due on your Billing Account are paid, MassageSeekers.com may either terminate or suspend the associated unpaid services (and/or your subscription and/or your membership) and continue to attempt to charge your Payment Method until payment due is received (whereupon receipt of payment due and as appropriate, the aforementioned associated suspension(s) may be lifted and your subscription commitment period, if any, may be adjusted so as to begin as of the day your subscription payment was received). MassageSeekers.com may also accumulate charges incurred and submit them for payment as one or more aggregate charges, and Massageseekers.com may correct any billing errors or mistakes that it makes, and/or, without obligation to you, void, cancel, revoke or refuse any payment made, scheduled or requested by you or through your Payment Method, even if MassageSeekers.com has already requested or received payment. You also authorize MassageSeekers.com to charge you / your Billing Account / Payment Method for any sales or similar taxes that may be imposed upon your payments. This Section 8 will apply to any agreements that you make with MassageSeekers.com when becoming a Member, subscribing to the Service, making a donation to MassageSeekers.com or otherwise.
If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may, at our discretion, terminate your subscription(s) and/or account(s) immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your account(s) or subscription(s) reinstated.
(b) Future and Recurring Billing / Automatic Renewal. You agree that subscriptions will be subject to an automatic renewal feature whereby your subscription may be automatically and continuously extended after the completion of each and every paid-up subscription period by automatic recurring billing to your Billing Account and Payment Method for successive renewal periods each of the same duration as your originally selected subscription term and at the originally selected subscription rate (or on such other renewal terms as you and we expressly agree). The automatic renewal feature may be active whenever you (i) submit your subscription choices with the recurring billing option selected on your My Account page, or (ii) subsequently select the “Easy Renewal” (“One-Click Easy Renewal”) button on your My Account page. Alternatively, you can disengage this automatic renewal feature by (i) instead submitting your subscription payment (on your My Account page) with the one-time billing option (rather than with the recurring billing option) selected, or by (ii) canceling your future billings as stated here and in Section 9 of this Agreement. Otherwise, the automatic renewal feature, with automatic recurring billing to your Billing Account and Payment Method, will be active and you authorize Massageseekers.com to charge your Payment Method for the initial period billing / charge when you begin your subscription and again at the beginning of each subsequent subscription renewal period for each successive recurring billing / charge, until you cancel recurring future billings in accordance with the terms of the Agreement.
You may cancel recurring or future billing at any time, other than on the date(s) when such billing is being processed for your account. If you should attempt to cancel a recurring or future billing on a date when we’ve already begun processing such billing for your account, that billing will be processed and you will be given a message informing you further.
To change or cancel recurring or future billing, you must go to your My Account page (after logging in), then click the “Cancel Future Billing(s)” button and complete the cancellation process as indicated. If you cancel, you may continue to use your subscription until the end of your paid-up subscription term, and your subscription will not be renewed after your paid-up term expires (unless you subsequently choose to renew). You won’t be eligible for a prorated refund of any portion of the subscription fee(s) paid, including, without limitation, for the then-current subscription period. CANCELLATION REQUESTS BY E-MAIL, TELEPHONE, “CONTACT US”, ETC. ARE NOT ACCEPTABLE. CANCELLATION REQUESTS ARE ACCEPTED THROUGH THE “CANCEL FUTURE BILLING(S)” BUTTON ON YOUR “MY ACCOUNT” PAGE ONLY.
(c) Current Information Required. For any charges to your Billing Account, you must provide current, complete and accurate information for your Billing Account / Payment Method and use the form(s) and procedures that we provide to you or otherwise authorize for that purpose. If your previously submitted information is no longer current, complete and accurate, such as there has been any change in your billing address, card number or expiration date, or if your Payment Method is canceled, or if you lose your card or it is stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your Member name and password), you agree (i) to use the cancellation procedure described in Section 8(b) above to cancel any then-pending future automatic renewals prior to their submission to your Payment Method, and (ii) if you desire to resubmit your automatic billing request, that you will do so using your updated current, complete and accurate information for your Billing Account / Payment Method. In any event, you agree that you remain responsible for fees and charges accrued under your Billing Account, and that you will promptly provide us with current, complete and accurate information for your Billing Account / Payment Method upon our demand if there is an outstanding balance due under your Billing Account. You also authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
(d) Free Trials and Other Promotions. Any free trial or other trial promotion that provides free subscriber-level access to the Service for a trial period must be used within the specified time of the trial. You must cancel your trial subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel your free trial prior to the end of the trial period and are inadvertently charged for a subscription, please contact us to have the charges reversed.
(e) Times and Time Zone. Unless we expressly state otherwise: (1) all subscriptions, tokens, offers, cancellations, expirations, dates and times are based on the United States Pacific time zone; and (2) when we say that a subscription, token or offer has a particular expiration date, or that it expires or expired “on” or “by” a particular date, or that it is extended, good or valid “to” a particular date, or that it is extended, good, valid or does not expire “until” a particular date (e.g. March 31, 2020) but we do not also specify the particular time on that date, then the specified particular date is to be excluded in its entirety from the item’s non-expired, good and/or valid period and the item’s non-expired, good and/or valid period does not extend to include any part of the specified particular date.
(f) Currency and Taxes. Unless otherwise specified, all fees and charges are in United States dollars and any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your Payment Method provider. You are responsible for the payment of all taxes, duties and similar charges assessed in connection with the Service, excluding taxes on our net income.
(g) Funds Availability. You understand and agree that if you authorize a payment transaction with your Payment Method, but your payment or charge is rejected for any reason, a hold may be placed on your use of that transaction amount with your Payment Method for several days or as otherwise provided per your agreement with your Payment Method.
|Except as required by law, ALL SALES ARE FINAL. If your subscription has recurring billing, then unless and until you cancel recurring billing, your subscription will be renewed automatically after your initial term for additional successive renewal periods each of the same duration as your originally selected subscription term and at the originally selected subscription rate (or on such other renewal terms as you and we expressly agree). If you cancel recurring billing, your subscription will not be further renewed after your then-current subscription period expires, unless you subsequently choose to further subscribe. For the remainder of your paid-up subscription period and subject to the Terms of Service, you may continue to have access to subscriber-level features/services and your profile/ad may continue to be distributed at your discretion, and you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
You may cancel recurring or future billing at any time, other than on the date(s) when such billing is being processed for your account. If you should attempt to cancel a recurring or future billing on a date when we’ve already begun processing such billing for your account, that billing will be processed and you will be given a message informing you further. TO CANCEL RECURRING OR FUTURE BILLING, YOU MUST GO TO THE “MY ACCOUNT” PAGE (AFTER LOGGING IN), THEN CLICK THE “CANCEL FUTURE BILLING(S)” BUTTON AND COMPLETE THE CANCELLATION PROCESS AS INDICATED. CANCELLATION REQUESTS BY E-MAIL, TELEPHONE, “CONTACT US”, ETC. ARE NOT ACCEPTABLE. CANCELLATION REQUESTS ARE ACCEPTED THROUGH THE “CANCEL FUTURE BILLING(S)” BUTTON ON YOUR “MY ACCOUNT” PAGE ONLY.
10. INACTIVITY/EXPIRATION/RENEWAL/GRACE PERIOD
Subscription expiration: If you allow your paid subscription to expire without renewal, your membership may enter a Grace Period during which time your profile/ad may (continue to) be distributed but you may not have subscriber-level features and services. If you do not renew your expired subscription or otherwise resubscribe within the Grace Period, we may terminate your membership and remove your Member account, profile/ad (text, photos and reviews) and related content from the Service without notice to you.
Promotional memberships: If you have a promotional membership and you do not login to your Member account at least once every six months, your membership may enter a Grace Period during which time your profile/ad may (continue to) be distributed but you may not have promotional-level features and services. If you login to your Member account during the Grace Period, your promotional status may be instantly reinstated. However, if you do not login to your Member account during the Grace Period, your membership level may be permanently downgraded or we may terminate your membership altogether and remove your Member account, profile/ad and related content from the Service without notice to you.
Limited memberships: You have a limited membership if you register for a Member account but either do not purchase a subscription (and you do not possess a promotional membership) or your paid subscription has expired. Your limited membership is valid only within the Grace Period, which begins immediately upon registration (or expiration of your paid subscription), during which time you may create and manage your profile/ad (text, photos, reviews, etc.) for limited distribution but you may not enjoy subscriber-level features and services. Importantly, if you do not upgrade (or renew) your membership by purchasing a subscription within the Grace Period, we may terminate your limited membership and remove your Member account, profile/ad and related content from the Service without notice to you.
Grace Period: Except as your membership may be otherwise terminated as described in this Agreement, the Grace Period will not be less than 90 days and your membership may continue during the Grace Period for so long as it may continue. During the Grace Period and subject to the Terms of Service, your profile/ad may be distributed and the Service may grant you limited membership access so that you may login and review/update your Member account information and renew/reinstate/upgrade your membership.
11. SUSPENSION / TERMINATION
|IF YOU VIOLATE THIS AGREEMENT, YOUR ACCOUNT(S) WITH US AND/OR YOUR USE OF AND/OR ACCESS TO THE SERVICE MAY BE SUSPENDED OR TERMINATED, IN WHOLE OR IN PART, AT OUR OPTION, AND YOU WILL REMAIN LIABLE FOR YOUR BILLING ACCOUNT AND SUBJECT TO THE TERMS OF THIS AGREEMENT, AND YOU WILL NOT BE ENTITLED TO ANY REFUND.|
All decisions regarding suspension or involuntary termination shall be made in the sole discretion of MassageSeekers.com. If we suspend your account(s), you might still be able to login to access your Member account, to view/edit your profile/ad (text, photos and/or reviews) and/or to bring your account(s) inline with this Agreement and the terms of your suspension. However, even if you continue to have access to your account(s) during your suspension, the distribution of your ad, photos and/or reviews and/or your use of and/or access to other features and services may be limited or disabled until you have satisfied the conditions of your suspension and/or we subsequently lift the suspension. If we terminate your membership or access with prejudice, you agree to not attempt to use the Service thereafter. MassageSeekers is not required to provide you notice prior to, during or after terminating or suspending your account, access and/or subscription. MassageSeekers.com is not required to, and may be prohibited from, disclosing a reason for the termination or suspension of your account, access and/or subscription.
12. CHANGES IN THE SERVICE
|You agree that MassageSeekers LLC has the right to limit, modify, interrupt, suspend or discontinue all or any portions of the Web site and/or Service at any time, temporarily or permanently, with or without notice, even though such changes may affect the extent and/or way that you use the Web site and/or Service. You further agree that, to the fullest extent permitted by law, neither MassageSeekers.com nor any of its officers, directors, managers, owners, shareholders, employees, consultants, agents, contractors, licensors, suppliers and/or representatives shall be liable to you or to any third party as a result of any such limitations, modifications, interruptions, suspensions or discontinuance, or for any consequences arising from or related thereto.|
13. PROVIDER REVIEW SYSTEM
Your use of the Web site and Service is also governed by our Provider Review System and Policy, which is incorporated by reference into this Agreement and available on the Web site.
14. COMPLAINTS AGAINST A PROVIDER
If your complaint pertains to copyright or intellectual property infringement, please visit our Copyright & Intellectual Property Claims page for important information.
15. DONATIONS / FRIENDS
Donations help our Web site to grow and our donors are called Friends. Your donation is your gift to us and is not a purchase of or an entitlement to service or goods. Your donation is non-refundable and may not be tax-deductible. In our sole discretion, we may provide some donors with a token of our appreciation, i.e. a “Friends token”, which may allow access to features and/or services on our Web site not otherwise available. Such tokens are valid for a limited time only and are non-transferable. Each token is associated with a specific e-mail address and may be used only by the Friend (donor) to whom we e-mailed the token when we originally gifted it. We reserve the right to revoke or suspend any token at any time at our option.
You are responsible for the confidentiality of your Friends token, any associated password, and anything that you post or otherwise transmit, whether it be posted to your Friends page at https://www.MassageSeekers.com/friends.asp or as comments or otherwise. You agree that you are responsible for any and all activity that might take place or occur on, through, by use of or in connection with your Friends token. You agree to immediately notify MassageSeekers.com of any unauthorized use of your Friends token or any other related breach of security. You should use particular caution if you are using a public or shared computer so that unauthorized persons are not able to view, access or record confidential information. If you share your computer with others, you may wish to consider disabling any auto-sign-in feature or “remember me on this computer” option, exiting completely from your browser at the completion of your session, and practicing any other privacy precautions relevant to your browser, computer and privacy concerns.
16. INTERACTIONS BETWEEN PROVIDERS AND/OR USERS
|YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PROVIDERS AND/OR USERS. YOU UNDERSTAND THAT MASSAGEANYWHERE.COM DOES NOT APPROVE ANY ADS OR POSTINGS AND DOES NOT AS A REGULAR PRACTICE SCREEN PROVIDERS OR USERS. MASSAGESEEKERS.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHERWISE ATTEMPT AS A REGULAR PRACTICE TO VERIFY OR INQUIRE INTO THE BACKGROUNDS, CREDENTIALS, CLAIMS OR STATEMENTS OF PROVIDERS OR USERS. HOWEVER, MASSAGESEEKERS.COM RESERVES THE RIGHT, WITHOUT OBLIGATION, TO CONDUCT BACKGROUND CHECKS OR OTHER SCREENINGS AT ANY TIME. YOU AGREE TO TAKE REASONABLE AND PRUDENT PRECAUTIONS IN ALL INTERACTIONS WITH ANY PROVIDERS OR USERS, WHETHER ONLINE OR OFFLINE OR IN PERSON, AND PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
The Company is not responsible for the conduct of any Member or User. As noted in and without limiting Section 26 below, in no event shall the Company or any of “The Service Parties” (as such term is defined in Section 26) be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Web site or Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users, Members or persons you meet through the Service.
By its very nature, information and other content submitted by Providers or others might be inaccurate, mislabeled, deceptive, offensive, indecent, harmful, prohibited or otherwise objectionable. Accordingly, we insist and you agree that you will use ample caution — and common sense — and exercise proper judgment when using the Service. You, not we, are responsible for performing any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to Users, Providers, their content and conduct.
MassageSeekers.com reserves the right, but has no obligation, to monitor and/or moderate Service interactions between you and other Users and Providers.
17. CONTENT POSTED ON, TO OR THROUGH THE WEB SITE OR SERVICE
- You understand that all ads, profiles, data, text, statements, postings, code, software, applications, files, information, usernames, images, photos, graphics, video, audio, sounds, musical works, works of authorship, e-mails, messages, items, materials and other content, including without limitation any links to such content, (collectively, “Content”), whether publicly posted or privately transmitted or otherwise, are the sole responsibility of the person from whom the Content originated. You, and not MassageSeekers.com, are entirely responsible for all Content that you upload, submit, store, publish, display, post, create, e-mail or otherwise transmit to, on or via the Web site and/or Service (collectively, hereinafter, “post”), to include, without limitation, any/all modifications or derivatives of Content that may be automated as part of the posting process, such as, without limitation, image resizing, watermarking, cropping and/or thumbnailing. In no case shall we be treated as the publisher or speaker of, or responsible or liable for, directly or indirectly, any Content or information provided by you or by any other person or entity that is responsible, in whole or in part, for the creation or development of such Content or information.
- By posting Content to the Web site or to or through the Service, or by maintaining or storing any Content on the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to MassageSeekers.com, its affiliates and successors, an irrevocable, perpetual, unlimited, fully paid, royalty-free, transferable, fully sub-licensable (through multiple tiers), worldwide, non-exclusive license to use, copy, store, archive, cache, perform (publicly or otherwise), display (publicly or otherwise), reproduce, host, record, play, adapt, modify, communicate, publish, translate, reformat, excerpt (in whole or in part) and distribute that Content and to prepare, create and use derivative works of, and incorporate into other works, that Content in any form, media or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that any and every exercise of said license and sublicenses, including, without limitation, any public posting and/or use of your posted Content by us, will not infringe, violate or misappropriate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, or cause any harm to any third party or violate the terms of the Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in that Content to use such person’s name and/or likeness in connection with the Web site and Service and that each such person has released you from any liability that may arise in connection with such posting and/or use.
- You understand that by choosing to use the Service, you may be exposed to Content that is offensive, indecent, harmful, inaccurate, deceptive, or otherwise objectionable. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Among the many companies that reportedly provide Internet blocking and screening software are CyberPatrol, CyberSitter, NetNanny and SurfWatch, etc. We do not sponsor or endorse any of these companies, their products or services.
- MassageSeekers.com does not approve any Content. However, MassageSeekers.com and its designees shall have the right (but undertake no duty or obligation) to review, monitor, pre-screen, edit, deny, block, suspend, move and/or remove any Content, at our sole discretion, without notice. Without limiting the foregoing, you understand and agree that MassageSeekers.com may edit, deny, block, suspend, move and/or remove any Content, in each case in whole or in part, that in the sole judgment of MassageSeekers.com violates this Agreement or that might be offensive or illegal, or violate the rights, harm or threaten the safety or welfare of another Provider, User, MassageSeekers.com or any member of the public.
- The Web site may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to third party websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such advertisements, promotions, links, websites or resources, and does not endorse and is not responsible or liable for any actions by third parties or any interactions with third parties or for any content, information, statements, advertising, goods or services, or other materials on, by, from or available from third parties, their websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Web site or Service, including (without limitation) payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any third party or any content, information, statements, advertising, goods or services or other materials available on or through any third party websites or resources.
- You may not remove, obscure or otherwise alter any copyright, trademark or other proprietary rights notices contained in the Service.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service (either directly, or indirectly through use of third party software).
- Your use of the Web site and Service must comply with all applicable laws, statutes, regulations, and ordinances.
- You may not post any telephone number, street address, whereabouts, last name, URL, e-mail address, other contact information or personal or identifying information on the Web site or via the Service with regard to any minor person or person under the age of 18.
- You may not post any telephone number, street address, whereabouts, last name, URL, e-mail address, other contact information or personal or identifying information on the Web site or via the Service with regard to any person, entity or party if the information is not true, accurate and done with the express permission of all parties concerned, provable to our reasonable satisfaction, or if such posting is prohibited by law or otherwise by this Agreement.
- You may not transmit chain letters or junk e-mail to any Provider, User or others.
- Although MassageSeekers.com cannot monitor the conduct of its Users and Providers off the Web site, it is also a violation of these rules for you to use any information obtained from the Web site or via the Service in order to harass, abuse, intimidate or harm another person, or to contact, advertise to, solicit, or sell to any Provider or User without his/her prior explicit consent.
- You authorize us, our agents and any third parties that we may so authorize, to lawfully monitor, intercept, log, record, store, collect, scan and/or analyze any and/or all communications (including, without limitation, any wire, electronic and/or oral communications), transmissions, messages, e-mails, content, data, information and files, whether incoming or outgoing, in transit or in storage, private or public, that are (or that are offered or attempted to be) transmitted, received, communicated, e-mailed, forwarded, accessed, stored, held, collected, used, discarded, disclosed or processed by, from, to, on or through our Web site, Service, facilities, servers, computer systems and/or networks, as we deem necessary, appropriate and/or permissible, to the fullest extent permitted by law, to include, as permissible by law but otherwise without limitation, for (i) performance purposes; (ii) to conduct Web site analysis; (iii) to moderate services; (iv) for contact mitigation (e.g. PervGuard™, PrudeGuard™, etc.); (v) to provide tailored services/features and/or tailored advertising; and/or (vi) to detect and/or protect against spam, malware, fraud and abuse. You authorize us and our automated systems to analyze all Content, communications and uses of our Web site, Service, facilities, servers, computer systems and/or networks, (including, for example, e-mails and messages), to the fullest extent permitted by law. This analysis may occur, for example, as the content or communications are sent and/or received and/or when and/or while they are stored.
- You acknowledge and agree that the availability, presence, selection, display or content of any Content, search result or third party advertisement, including, without limitation, any inputs or search results relating to or arising from location or distance, are not and shall not be construed as a claim or representation by us regarding the nature, availability, suitability or legality of any third party advertisement, Content, service or product.
- Search results retrieved via the Service and advertisements on the Web site homepage or elsewhere on the Web site at any given time might not be representative of available advertisements in general.
You agree to not post Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, profane, vulgar, lewd, lascivious, libelous, infringes or violates another party’s rights, invasive of privacy or publicity rights, hateful, intimidating, embarrassing or causing distress or discomfort upon another individual or entity, or racially, sexually, ethnically or otherwise objectionable, including, without limitation, material of any kind or nature that constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
- you know, or reasonably should know, to be false, inaccurate or misleading;
- impersonates any person or entity, including, but not limited to, a MassageAnywhere.com official or employee, or falsely states or otherwise misrepresents your affiliation with any person or entity;
- depicts or exploits minors or persons under the age of 18 in a sexual, violent or illegal manner, or solicits personal information from or is harmful to minors or anyone under the age of 18;
- attracts or targets minors or persons under the age of 18;
- constitutes or assists in human trafficking;
- explicitly or implicitly offers, solicits, promotes, depicts or intentionally incites illegal or inappropriate sexual activity, to include, without limitation, any lewd act (e.g. any touching of the buttocks, genitals, anus or female breast for the purpose of sexual arousal or gratification) between persons for money or other consideration;
- offers, solicits, promotes or depicts prostate massage;
- offers, solicits, promotes or depicts sexual “kink” or sexual “fetish” services;
- offers, solicits or promotes “escort” or “dating” services;
- depicts sexually explicit conduct or activity;
- offers, solicits, promotes, depicts or intentionally incites abusive punishment, discipline, humiliation or servitude for the purpose of sexual arousal;
- depicts a close-up of genital or anal detail, or of the nipples/areola of the female breast;
- offers, solicits, promotes, depicts or intentionally incites gratuitous cruelty or unjustifiable violence or harm toward a person or animal (whether real, implied, simulated or obscured);
- promotes, encourages or engages in terrorism;
- is obscene or patently offensive, or is otherwise harmful or destructive to the value, reputation or goodwill of MassageSeekers.com;
- offers, solicits, promotes or provides instructional information about or promotes illegal activities, such as, without limitation, making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- offers, solicits, promotes, provides or intentionally incites an illegal or unauthorized copy of another person’s copyrighted work, such as, without limitation, software or information to circumvent manufacture-installed copy-protect devices or links thereto, or offering any pirated data/music/video or any link thereto;
- offers, solicits or provides passwords or personal information for unlawful or unauthorized purposes;
- contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- subjects us to liability or loss (in whole or in part) of the services of our ISPs or other suppliers
- constitutes or involves the transmission of “junk mail”, “chain letters,”, unsolicited mass mail or “spam”, or unsolicited or unauthorized mail, e-mail, voice message, text message, fax or telephone call;
- constitutes commercial activity or sales such as contests, sweepstakes, barter, advertising (other than as expressly authorized by this Agreement), or pyramid schemes;
- constitutes an ad or solicitation for products or services, the use, possession or sale of which is prohibited by any law or regulation;
- is or contains any “coded” form of prohibited Content;
- promotes or links to (whether directly or indirectly) any prohibited Content; or
- promotes any other violation of this Agreement.
MassageSeekers.com has the right, but not the obligation, to regulate any Content posted to, stored on or transmitted via the Web site or Service; to regulate the conduct of Users and Providers on the Web site and Service; and to enforce the Agreement, for any reason and in any manner or by any means not prohibited by law that MassageSeekers.com, in its sole discretion, deems necessary, appropriate or permissible. As an example, and not as a limitation, MassageSeekers.com may remove offending Content from the Web site and Service, investigate, suspend or terminate service to any violator or suspected violator, and take appropriate legal action in its sole discretion against anyone who violates the Agreement.
You acknowledge and agree that the Web site and Service contain proprietary and confidential information and content that are protected by copyright and other applicable intellectual property rights and laws, whether or not such information and content is identified as copyrighted, trademarked, service marked or otherwise protected or restricted. You acknowledge that digital watermarks and other embedded data may be present for purposes of identification and tracking of misappropriation, infringement or other violation of proprietary rights. You acknowledge and agree that the Web site and Service are unique and that it has required substantial effort by us to design, prepare, build, update, verify and compile.
You acknowledge that there are many accesses to and uses of the Web site and Service that are prohibited. For example, not intended as a complete list, you are not authorized to access or use the Web site or Service for: (a) collecting names, e-mail addresses, telephone numbers and/or other information by electronic or other means for unauthorized purposes, to include, without limitation, sending unsolicited e-mail; (b) designing, building, developing, testing, operating, marketing, advertising, updating, supporting, supplementing or maintaining any commercial or non-commercial list, directory, database or competing service, not expressly authorized by us in writing; (c) unauthorized framing, inlining, mirroring of or linking to the Web site or Service or any other unauthorized circumvention of the navigational structure or presentation of the Web site; (d) unauthorized use of any automated means to access the Web site or Service, including, without limitation, by means of any unauthorized “spider”, bot, robot, crawler, scraper or data mining tool; (e) unauthorized copying, modifying, adapting, aggregating, display, transmission, redistribution, translation, sub-licensing, publishing, posting, performance, sale, reverse engineering, deciphering, decompiling, disassembling, downloading, distribution or derivative use of the Web site or Service or any portion thereof and/or of any content posted on the Web site and/or made available through the Service, whether done directly by you or through intermediaries; (f) any use of the Service or Web site that interferes with or impairs the Service or Web site or which creates a disproportionately large usage load or burden on the Service or Web site; and (g) any access to or use of the Web site or Service, not expressly authorized by us.