DowntownDudes.com: Terms of Use
Terms of Use Agreement
Acceptance
Please read this Terms of Use Agreement (the "Agreement") carefully. The Agreement sets out the terms under which the DowntownDudes.com Services (the "Services") are provided to you by DowntownDudes.com, a subsidiary of Unison Media Group, a Massachusetts registered business, and whose office is located at 351 Pleasant Street, # 354, Northampton, MA 01060, USA through the DowntownDudes.com websites (the "Sites"). By registering or placing a personals ad with DowntownDudes.com site or partner site(s) you become a member of the service (a “Member”) and you agree, without limitation or qualification, to be bound by, and to accept, these Members Terms of Use and Conditions Agreement (the “Terms”) and any other posted guidelines or rules applicable to any DowntownDudes.com partner web site for as long as you continue to be a Member. If you do not agree to the Terms, please do not register for the DowntownDudes.com Service or otherwise access or use this Site.Restrictions on Use
This service is for adults only. You must be at least 18 years old to register, and by signing up for a membership on this site you certify that you are at least 18 years old. If your state or country that you live in requires you to be older than 18, you certify that you are of a proper age to legally sign up for our services by signing up for a membership or by posting a personals ad.Member and User Online Conduct
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the site, or transmit to other Members of the site.You agree that you will not use this site or its services to:
- Intentionally or unintentionally violate any and all applicable laws and regulations.
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, e-mail, or otherwise transmit or post links to any personal profile information such as telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post email otherwise transmit or post links to any photographs or other images containing nudity or such personal information. DowntownDudes.com and Unison media Group reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with these prohibitions.
- Sell, distribute, or make any commercial use of data obtained from any Downtowndudes.com or Unison Media Group database or make any other use of data from any DowntownDudes.com or Unison Media Group database in a manner which could be expected to offend the person for whom the data is relevant.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Impersonate any person or entity.
- Create multiple profiles within the DowntownDudes.com site.
- "Stalk" or otherwise harass any person.
- Conspire to commit a crime through the use of this site
- Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
- Harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.
- Use automated means, including spiders, robots, site search/retrieval applications, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- Remove any copyright, trademark or other proprietary rights notices contained in the Site.
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.
- Upload, post, e-mail, otherwise transmit or post links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services of DowntownDudes.com or Unison Media Group.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
- "Frame" or "mirror" any part of the Site, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to DowntownDudes.com, Unison Media Group or the Service of the Site in order to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
- Intentionally disrupt the use of this site by manipulating the hardware/software/content of this site
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- You are solely responsible for your interactions with other Members. You are responsible for your own privacy and any information you make available through this site.
- Exclude any liability for death or personal injury due to
our negligence.
- Access the Services after your account or access has been terminated by DowntownDudes.com or Unison Media Group.
- Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
This site is not responsible for the online conversations expressed by the users of this site and does not necessarily agree with any content posted on this site.
This site is not responsible for any damage to your hardware/software caused by downloading viruses or any other disruptive data from this site posted by other users.
This site is not responsible for any actions taken by you or others in response to any material on this site or contained herein.
You acknowledge and agree that DowntownDudes.com, Unison Media Group and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation DowntownDudes.com, Unison Media Group and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Member's Terms and Use Agreement or is otherwise objectionable as determined by DowntownDudes.com or Unison Media Group, in its sole discretion. DowntownDudes.com and/or Unison Media Group may also terminate access to, or membership in, DowntownDudes.com, or any portion thereof, for violating these Terms and Usage Agreement. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of DowntownDudes.com and in all other parts of DowntownDudes.com Services.
Indemnity by Member
You agree to indemnify, defend and hold harmless DowntownDudes.com, Unison Media Group, its partner sites, officers, directors, employees, and consultants from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this Web site, the violation of these terms and usage agreement by you, or the infringement by you, or other user of DowntownDudes.com or partner web sites through the use of your computer, or your infringement of any intellectual property or other right of any person or entity. DowntownDudes.com, Unison Media Group and its partner sites reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.Online Content
Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of DowntownDudes.com, Unison Media Group or its partner sites and should not necessarily be relied upon. Such Members are solely responsible for such content. DowntownDudes.com, Unison Media Group, and its partner sites do not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will DowntownDudes.com, Unison Media Group, or its partner sites be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Members.The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.
Obscenities and Monitoring
It is possible that other DowntownDudes.com or affiliated partner sites’ Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the DowntownDudes.com service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. DowntownDudes.com, Unison Media Group, and its partner sites are not responsible for the use of any personal information that you may choose to disclose on our Service. Please carefully select the type of information that you post on the services herein or release to others.DOWNTOWNDUDES.COM AND UNISON MEDIA GROUP, RESERVES THE RIGHT, WITHOUT OBLIGATION, TO MONITOR THE MATERIALS POSTED IN ALL AREAS OF THE DOWNTOWNDUDES.COM OR PARTNER SITES’ SERVICES. DOWNTOWNDUDES.COM AND/OR UNISON MEDIA GROUP SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF DOWNTOWNDUDES.COM, EVERY MEMBER REMAINS SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THEY POST IN THE PUBLIC AND PRIVATE AREAS OF THE SERVICE, INCLUDING PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER DOWNTOWNDUDES.COM OR PARTNER SITE MEMBERS, WHICH ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY DOWNTOWNDUDES.COM AND ITS PARTNER SITES, TO THE EXTENT REQUIRED BY APPLICABLE LAW.
Electronic Mail
DowntownDudes.com reserves the right to send registered members or advertisers, electronic mail regarding its products and services. DowntownDudes.com forwards mail anonymously from other customers to members who have posted ads or profiles that are publicly visible on the site. You agree to accept such. You understand that it may take up to forty-eight hours for DowntownDudes.com to remove your e-mail address from our address list, if you choose to no longer receive e-mail which does not explicitly relate to your membership..Proprietary Rights and Copyrights
DowntownDudes.com and Unison Media Group owns and retains other proprietary rights in the DowntownDudes.com Services and the Site, including data submitted by Members or anonymous users and reserves its right to assign ownership of its data and all property by acquisition of DowntownDudes.com, its parent company Unison Media Group, or its products, jointly or severally, by any third party. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of DowntownDudes.com, Unison Media Group, its licensors, and possibly its partner sites. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.By posting information or content to any area of DowntownDudes.com or its partner sites, you automatically grant, and you represent and warrant that you have the right to grant, to DowntownDudes.com, Unison Media Group and its partner sites and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Limitation of Liability
IN NO EVENT WILL DOWNTOWNDUDES.COM, UNISON MEDIA GROUP, OR ITS PARTNERS BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE DOWNTOWNDUDES.COM SITES OR PARTNERS’ SITES OR SERVICES, EVEN IF DOWNTOWNDUDES.COM, UNISON MEDIA GROUP, OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (ii) TO ANY PERSON OTHER THAN YOU NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DOWNTOWNDUDES.COM OR UNISON MEDIA GROUP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.IN ADDITION, DOWNTOWNDUDES.COM AND UNISON MEDIA GROUP, DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE DOWNTOWNDUDES.COM SERVICE.
STATE BY STATE VARIATIONS. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.