MANWALL TERMS OF SERVICE

1. Introduction
Welcome to ManWall—a social network for men. Before you can participate in our social network, we require that you agree to these Terms of Service. For the purpose of these Terms of Service, the words "we", "us", and "ManWall" refer to MANWALL, LLC, a New York Limited Liability Company. "You" means you, the person who is reading these Terms of Service. "Site" and “ManWall.com” refer to our website, http://www.ManWall.com.
 
2. Joining MANWALL.COM
In order to join ManWall.com, you have to be eighteen years of age or older, and you must give us a username, password, date of birth, city, and e-mail address.
 
3. Prohibited Conduct
Certain actions may compromise the safety and quality of ManWall for other users, or ManWall itself. If you do any of the following, ManWall reserves the right to terminate your ManWall.com account:
  • Deceive us when signing up to ManWall.com, including misrepresenting whether you are eighteen years of age or older.
  • Use an offensive username. ManWall will unilaterally decide what constitutes "offensive".
  • Post content which we find objectionable. This includes, but is not limited to, adult pornography, child pronography, illegal content, hateful content like anti-Semitism, threats, spam, and content which encourages unsafe acts. ManWall will determine what’s offensive at its own discretion.
  • Use ManWall.com as a platform to spam people, or, without the express permission of ManWall, to solicit business from people.
  • Hack, crack, phish, or otherwise compromise the security, safety, or privacy of ManWall.com, its network, website, servers, or users.
  • Create multiple ManWall.com accounts.
  • Infringe on other’s intellectual property rights, including copyrighted material and trademarks.
  • Defame people.
  • Run any script or other program which is designed to search, index, or aggregate ManWall.com without our express permission.
  • Defraud others.
Depending on the severity of your conduct, ManWall may send you a warning first rather than banning you outright. However, ManWall is by no means required to send you a warning, and we may terminate your account without notice. The fact that we may warn some people about their infractions without terminating them is not a waiver of our absolute right to terminate you without notice, even if it’s for the exact same offense as someone else who didn’t get terminated.
 
4. ManWall Classifieds
ManWall may, but is under no obligation to, choose to make available ManWall Classifieds to you—a service which allows ManWall.com users to offer and purchase goods and services from each other. Here are a few important points to keep in mind about ManWall Classifieds:
  • ManWall is not a party to any of the ManWall Classifieds transactions. It’s up to the buyer and seller to conduct business with each other, and it’s they assume all risks with the transaction, including the risk that the other party may defraud you.
  • Bandwidth isn’t free. Classifieds tend to consume much more bandwidth than other posts, so there will be a fee involved for anybody who posts an ad on ManWall Classifieds to cover the cost of their ad. The relevant fees will be posted online, and you will have to pay them before your ad goes up.
  • ManWall Classifieds is subject to the same terms as the rest of ManWall.com. That means that regardless of whether you paid to post an ad, if it wouldn’t be allowed elsewhere on the site under our “PROHIBITED CONDUCT” provisions, it can’t go up on the ManWall Classifieds section.
  • We reserve the right to remove anything that we deem to be illegal or unsafe. Also, even if something is legal to buy or sell with a license, we don’t have the facilities to verify your license status, so don’t post anything that’s illegal to buy or sell without a license, even if you have a license. This means no firearms or liquor, even if you’re licensed to sell them. It’s not that we have any political opposition to firearms or alcohol—we just don’t want the BATF breathing down our necks.
  • If you violate our terms for posting to ManWall Classifieds by posting something that’s subject to licensing laws, or something that falls under the “PROHIBITED CONDUCT” category, we may remove your posting and keep the fee that was paid to post the ad.
 
5. Intellectual Property
As a user of ManWall.com, you will be able to post content on our website. You agree that by posting any content, you are giving ManWall a complete, irrevocable, sub-licensable, universal, perpetual license to use that content, both commercially and non-commercially, including the ability to republish it elsewhere. You agree to indemnify us for any damages resulting from any intellectual property rights that you infringe on during your use of ManWall.com, so if you do not have full rights in the content that you intend to post, do not post it.
 
6. Waiver
You agree to hold harmless ManWall and its directors, officers, employees, agents, contractors for any damages which may arise from or related to your use of ManWall.com.
 
7. Indemnificiation
You agree that you will indemnify and defend ManWall and its directors, officers, employees, agents, contractors against any liabilities, including reasonable attorneys’ fees and court fees and disbursements, which arise from or related to your use of ManWall.com.
 
8. Dispute Resolution
Choice of Law and Statute of Limitations.
We recognize that our users may live in a number of different states or even countries with varying legal systems. So a few things: (1) By viewing or using Manwall.com you agree that it is a passive website, which means we (Manwall.com and its owners) are not subject to jurisdiction anywhere other than as outlined below; and (2) For the sake of keeping things uniform and running smoothly, we need to select one jurisdiction that we can agree to solve disputes in, regardless of where a user is located. Therefore, you agree that these Terms of Service, and any breaches of it, are deemed to occur in Patchogue, New York, USA. The laws which apply to these Terms of Service are those applicable in Patchogue, New York, USA. Furthermore, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED MANWALL.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, IT IS PERMANENTLY BARRED.
Arbitration
If a dispute with ManWall arises from or relates to these Terms of Service or your use of ManWall.com, you agree that, unless otherwise not allowed by law, the dispute will be resolved according to an arbitrator in accordance with the rules of the American Arbitration Association.
Where Arbitration Not Permitted
Notice how we said “unless not otherwise allowed by law” above? Don’t worry—ManWall has a plan for that, too. If a dispute can’t be resolved by arbitration, you agree to resolve the dispute in a court that’s allowed to decide the case in Patchogue, New York, USA. If there isn’t a court allowed to decide the case in Patchogue, then you (or we, as the case may be) can bring the case in the next closest court to Patchogue that has the authority to hear and decide the case.
Ignoring Our Dispute Resolution Terms
We support your right to take legal action for legitimate grievances. But, if you bring a lawsuit or arbitration action in any forum other than one described above, it will cause a bunch of unnecessary legal fees for us. Therefore, you agree that by bringing a lawsuit other than allowed by our “Dispute Resolution” section, we’re entitled to inform you that it violates our agreement. If you don’t withdraw the lawsuit after we ask you to, we can have that lawsuit dismissed from the forum that you filed it in, and you will be responsible for paying for our reasonable attorneys’ fees related to the dismissal, plus up to $1000 for our court fees and disbursements.
Non-Disparagement
ManWall values constructive criticism about its service. However, comments about ManWall directed to third parties that disparage ManWall negatively affect us. You agree by becoming a member of ManWall that you will only contact us by e-mail at legal@manwall.com to criticize ManWall, its affiliates, or services, or else we may terminate you and seek compensation from you for any damage caused by your breach of this provision.
 
9. Survival of Agreement
Sometimes, people mutually agree to stuff that courts just won’t uphold. That shouldn’t affect the intent of our contract, though, so you agree that if a judge declares a portion of these Terms of Service of no effect, the rest of the Terms of Service will stay in effect as much as is still possible without the part that the judge struck down.
 
10. Privacy
ManWall respects your privacy. To this end, we have written a Privacy Policy which is designed to inform you of how we will use and protect the information that you disclose to us. The Privacy Policy should be considered an integral part of these Terms of Service, but is rather lengthy in its own right, so you can view it independently at http://www.manwall.com/privacy-policy
 
11. Copyright Infringement
ManWall is opposed to copyright infringement. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact:
Legal Department
C/O MANWALL LLC
31 West Main Street
Suite 212
Patchogue, NY 11772
(631) 581-1000 ext 102
legal@manwall.com
The DMCA notice should identify the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on ManWall.com, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is fine.
 
12. Third Party Sharing
ManWall.com may contain, or you may be sent to, third party content, such as music, videos, images, information, software, and other content belong to or originating from third parties, such as YouTube, Facebook, and MySpace. ManWall is not responsible for this content, and any availability of the content on the ManWall website does not imply our endorsement of it.
 
13. Use of APIs
ManWall may also offer you the ability to use APIs to interface with third party websites such as other social networks, news websites, and so on. For example, we may let you link your ManWall and Facebook.com user experiences so that you can share content from one website account with another. ManWall has no control over the actions of these third party websites. You agree to hold harmless and indemnify ManWall for any damages arising from your use of these third party websites.
 
14. No Waiver of Enforceability
We at ManWall can be a pretty easygoing crowd, so we may, in our discretion, let breaches of these Terms of Service slide. However, that doesn’t mean that we’re relinquishing any of our rights to raise a dispute over those breaches in the future. Any failure of ManWall to enforce any portion of the Terms of Service against you or anybody else is not an indication that we won’t enforce them in the future, and the relevant terms should be considered to remain in effect.
 
15. Force Majeure
Even if we would otherwise be responsible for damages, you agree not to hold us liable for any damages caused to you that arise from circumstances beyond our control, including but not limited to acts of God, war, terrorism, riots, insurrection, acts of civil or military authorities, fire, floods, accidents, strikes, failure of communications, or shortages of transportation facilities, fuel, energy, labor, materials, or any other important infrastructure.
 
16. Limitations on Liability; Warranty
MANWALL.COM, ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN “AS IS” BASIS. MANWALL MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE MANWALL.COM WEBSITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH MANWALL.COM, AND IN NO EVENT SHALL MANWALL.COM OR ITS ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF MANWALL.COM, AFFILIATED COMPANIES’ PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF MANWALL OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MANWALL.COM, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS\' UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). MANWALL.COM AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MANWALL AND/OR ADVERTISER HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS OR SERVICES AND MANWALL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND MANWALL. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. MANWALL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANWALL, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MANWALL AND/OR AFFILIATES’ LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.