MightyMen.Com Terms of Use

MIGHTYMEN TERMS OF SERVICE

MIGHTYMEN.COM provides this site and related services subject to your compliance with the terms and conditions set forth below. Please read the following information carefully: This agreement represents the complete agreement and understanding between MightyMen.com, (hereinafter "MightyMen"), its affiliates, licensers, employees, agents, successors and assigns, and you the MightyMen account holder (hereinafter called User) for your use and enjoyment of www.MightyMen.com, (hereinafter "MightyMen.com"), and all of the content as may be contained thereunder, and supersedes any other written or oral agreement. Upon notice published on-line, MightyMen may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue, change or replace services offered. Violation of the Terms and Conditions of Use may result in the termination of your account.

WEB COPYRIGHT INFORMATION. All pages within this Internet site ("Site") are the property of MightyMen and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of MightyMen. Trademark Notice. "MightyMen.com" and the "MightyMen" logo are trademarks and service marks of MightyMen. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

If you do not agree to these terms and conditions, please notify our Accounting Office at 1-310-288-0477 during normal office hours so we can terminate your account. Failure to notify MightyMen shall constitute your approval.

1. AGE REQUIREMENTS: All individuals accessing MightyMen.com represent to MightyMen that they are 18 years of age or older. Certain material available on the Internet through MightyMen.com may not be suitable for individuals under the age of 18. It is absolutely prohibited for any user or entity to transmit the images of anyone under 18 years of age through or on the Site, and such conduct will result in immediate termination of your account without refund.

2. VIEWS AND OPINIONS: The contents of any files, images, or other materials accessed by User through MightyMen.com do not necessarily reflect the views or opinions of MightyMen.com. No inference regarding sexual orientation or sexual activity may be made from the appearance of any person and/or model in any image obtained through this service.

3. EXPLICIT MATERIAL: Certain material available on the Internet through MightyMen.com may not be suitable for individuals under the age of 18 (21 in some areas). ALL INDIVIDUALS ACCESSING MIGHTYMEN.COM REPRESENT TO MIGHTYMEN THAT THEY ARE OF LEGAL AGE IN THEIR AREA TO ACCESS SEXUALLY EXPLICIT MATERIAL, AND THAT DOING SO DOES NOT CONFLICT WITH THEIR COMMUNITY'S STANDARDS.

4. UNEDITED MATERIALS: User understands that the Internet contains unedited materials - some of which may be sexually explicit and may be offensive to some persons. User agrees that access to the Internet through MightyMen.com is at User's own risk. MightyMen exerts no control over such materials and accepts no responsibility for User's access to such materials.

5. CONFIDENTIALITY: User understands and agrees that information transmitted through MightyMen.com and through the Internet in general is not confidential. MightyMen does not share its data with other companies, however MightyMen explicitly does not guarantee privacy or guarantee the protection of the User's privacy. MightyMen explicitly reserves the right to monitor the User's transmissions and use of MightyMen's services when deemed necessary at MightyMen's sole discretion to provide proper service and/or to protect the User, other users, and/or the Company. MightyMen will refuse to disclose ANY information regarding the User unless otherwise required by order of a court of competent jurisdiction, a subpoena properly issued by a court of competent jurisdiction, or upon the advice of the Company's General Counsel.

6. WARRANTIES and DISCLAIMERS: Use of any information obtained via MightyMen.com is at your own risk. Neither MightyMen nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does MightyMen or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, either express or implied including but not limited to warranties of title or warranties of merchantability or fitness for a particular purpose or use. MightyMen, its employees, contractors, licensors, licensees, agents, and employees disclaim and disavow any and all liability for any indirect, incidental, special, and/or consequential damages which may arise from the access or use of the service, and from User's inability to access or use the service, including without limitation, any failure of performance, error, or omission. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of MightyMen.com, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

7. INDEMNIFICATION: User hereby agrees and does so indemnify and hold harmless MightyMen.com, its members, affiliates, owners, managers, officers, agents, employees, and other users from any and all claims, damages, expenses (including attorney's fees) and liabilities that may result from any and all use of the User's account whether authorized or not authorized.

8. LINKED INTERNET SITES: MightyMen is not responsible for nor does it exercise any control over the content available on any other Internet sites linked to or from MightyMen.com. Access to any other Internet sites linked to the Site is at the User's own risk.

9. POSTINGS: MightyMen is under no obligation to review any messages, information or content ("Postings") posted on the site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, MightyMen may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Advertisements or solicitations of any kind and messages posted by users impersonating others are prohibited. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references are likewise prohibited and may subject the poster to suspension. Messages by non-spokesperson employees of MightyMen purporting to speak on behalf of MightyMen and messages that offer unauthorized downloads of any copyrighted or private information are illegal and should be reported. Multiple messages placed within individual folders by the same user restating the same point and chain letters or multi-level marketing schemes of any kind may not be posted.

10. USAGE: MightyMen Internet sites, referents and connections and all other services provided by MightyMen to user may be used only for lawful purpose. Transmission and/or storage of any information, data, images, or other materials in violation of any United States or state law or regulation is prohibited, including, without limitation, any information, data, images, or other materials protected by United States or other national copyright law, trade secrets, registered trademark and/or service mark, or material judged in a court of competent jurisdiction to be threatening or obscene. User hereby agrees and does so indemnify and hold harmless MightyMen.com, its members, affiliates, owners, licensors, managers, officers, agents, employees, from any and all claims, damages, expenses (including attorney's fees) and liabilities that may result from the access and use of the service by User which damages User or another party.

11. TRANSFERABILITY/ACCOUNT SHARING: The right to use MightyMen is not transferable. Accounts are for your use only. User is responsible for the confidentiality of user's password. Loaning your account to others, connecting a system used by multiple persons, and group use of user logins are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of these conditions of use will be considered theft of service and/or fraud. User violations shall be subject to state and Federal criminal prosecution and civil liability.

12. UNSOLICITED EMAIL/PROMOTION: MightyMen services SHALL NOT be utilized to send unsolicited advertising or promotional materials to other system users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. MightyMen DOES NOT ALLOW users to run Mail list, Listserv or any form of auto-responder from a users shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and MightyMen will not be tolerated. When MightyMen becomes aware of possible violations, we will initiate an investigation. As part of the investigation, and in order to prevent suspected unauthorized or illegal activity, MightyMen reserves the right to unilaterally suspend User's access (with or without notice) to the service. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the sole discretion of MightyMen. THE USE OF WEB-BOTS, SPIDERS, OR SIMILAR SOFTWARE TO AUTOMATICALLY DOWNLOAD FILES FROM THE MEMBERS AREA IS NOT ALLOWED. USERS WHO VIOLATE THIS POLICY WILL BE SUBJECT TO ACCOUNT TERMINATION.

13. SECURITY: Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User assumes all responsibility for knowledge and/or application of regulations and policies of any and all networks, systems, and services accessed through User's MightyMen service account.

14. PAYMENT TERMS:
The User is responsible for any and all fixed and accumulative charges for their MightyMen account. The first month service fee (or other available billing period selected) is due upon account setup. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and notifies MightyMen within five days of establishing said service. If the User has chosen a recurring billing type account, each 30 days the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month.
Recurring Account Credit Card customers agree to allow MightyMen to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify MightyMen of any changes in Credit Card Number or expiration date.

If the card is not honored for any reason MightyMen will not normally notify the User of such a declined authorization. User shall inquire by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it as to their account status should User's login no longer function.

MightyMen reserves the right to immediately terminate User's account and service for any unpaid (in whole or part) subscriptions (with or without notice). Termination of service in no ways relieves or excuses User from any obligation to pay outstanding charges or expenses. In the event MightyMen institutes collection efforts of any type, User shall be liable for all collection costs, including reasonable attorney's fees and expenses. Venue, unless otherwise specified by law, shall be proper in Los Angeles County, California.

15. TERMINATION OF SERVICE: MightyMen reserves the right to terminate User's account and/or to cancel User's service for any reason, with or without notice of any kind. In case of cancellation, unused fees will be returned to the user on a pro-rata basis.

THE USER MUST NOTIFY MIGHTYMEN BY SENDING E-MAIL TO This e-mail address is being protected from spambots. You need JavaScript enabled to view it '; document.write( '' ); document.write( addy_text20335 ); document.write( '<\/a>' ); //--> This e-mail address is being protected from spambots. You need JavaScript enabled to view it TO CANCEL SERVICE.

In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by customer.

16. GENERAL TERMS: These Terms and Condition of Use and Service are subject to and are entered into subject to the laws of the State of California. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of MightyMen shall continue in force even in the event of termination of these Terms and Conditions on other grounds. MightyMen's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

17. UPDATE: These Terms and Conditions were last changed February 14, 2000.

18. AGENT FOR PROCESS/KEEPER OF RECORDS: Name of Agent Designated to receive notification of claimed infringement and keeper of all records under Title 18, U.S. Code: John Duncanr. Full Address for Agent:9009 Keith Avenue, #1, West Hollywood, CA 90069. Telephone number for Agent: (310) 288-0477. E-mail address for Agent: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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