A. LEGAL ACCESS CERTIFICATION
By subscribing to EbonyMale.com, you certify that you are
eighteen (18) or twenty-one (21) years of age or older (whichever is
applicable in your area); that you are familiar with all local laws in
your area affecting your legal right to access adult-oriented materials;
and that you have the legal right to access
adult-oriented materials and EbonyMale.com has the legal right to
transmit them to you. EbonyMale.com makes no representation that
materials on the site are appropriate or available for use in other
locations. Those who choose to access this site from other locations do
so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. You certify
that you are voluntarily requesting adult-oriented materials for your own
private enjoyment and that you will never share these materials with a
minor or make these materials available to a minor.
B. CUSTODIAN OF RECORDS
In compliance with the Federal Labeling and Record-Keeping Law
(also known as 18 U.S.C. §2257), all models located within our domain
were 18 years of age or older during the time of photography. All
models' proof of age is held by the custodian of records, which is
listed below, organized by producer. All content and images are in full
compliance with the requirements of 18 U.S.C. §2257 and associated
regulations.
C. COPYRIGHTS
EBONYMALE and
related marks are trademarks of PageCorp, Inc. Except for
public domain material and electronic messages, all
materials on EbonyMale.com are protected by Federal copyright and are
protected under national copyright laws and the Fair Use Provision
Acts. Materials contained in any part of EbonyMale.com may not be
reproduced, copied, edited, published, transmitted or uploaded in any
way without the written permission of EbonyMale.com and its parent
company PageCorp, Inc. (i.e. photographs found on EbonyMale.com and/or all intellectual
content). Except as expressly stated in the Limited License provision
in these Terms and Conditions, EbonyMale.com does not grant any express
or implied right to you under any of it's trademarks, service marks,
copyrights or other proprietary information.
D. LIMITED LICENSE
EbonyMale.com provides the materials on this site for the
personal, non-commercial use by visitors of EbonyMale.com. Users of
EbonyMale.com are granted a single-copy license to download (on a
single computer only) any of the information made available for
downloading found on this site for personal, non-commercial use only.
EbonyMale.com reserves the right to limit the amount of materials
downloaded. Commercial use of EbonyMale.com, or any material located on
it, is strictly prohibited. In addition, users of EbonyMale.com may
not: (i) modify any of the materials found in any area of
EbonyMale.com; (ii) use any of the materials found in any area of
EbonyMale.com for any public display, performance, sale or rental;
(iii) remove, modify or alter any copyright or other proprietary
notice, or trademarks from any of the materials found in any area of
EbonyMale.com; or (iv) otherwise transfer any material located in any
area of EbonyMale.com to any other person or entity. EbonyMale.com
reserves the right to terminate this license at any time if you breach
or violate any provision of this agreement, in which case you will be
obligated to immediately destroy any information or materials you have
downloaded, printed or otherwise copied from this site. EbonyMale.com
reserves all other rights coincident or related to this site. All
photographs purchased from EbonyMale.com are copyright protected and
may not be reproduced, reprinted, electronically scanned or posted,
used for advertising or any other purpose without the written
permission of EbonyMale.com. Selling, reselling and/or trading these
items through personal transactions, on eBay or other auction venues is
going against copyright polices and in doing so you will be liable in a
court of law.
E. DISCLAIMER
No warranty is made by EbonyMale.com regarding any information,
services, materials or products provided through or in connection with
EbonyMale.com, and EbonyMale.com hereby expressly disclaims any and all
warranties, including without limitation: (i) any warranties as to the
availability, accuracy or content of materials, information, products
or services; (ii) any warranties of merchantability or fitness for a
particular purpose. Some states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
EbonyMale.com offers
no assurance of an uninterrupted or error-free service. EbonyMale.com
does not warrant the accuracy or completeness of any information, text,
graphics, links or other items contained on the Web site. EbonyMale.com
may change any of the information found on the Web site at any time
without prior notice. EbonyMale.com makes no commitment to update the
information found on the Web site.
F. LINKS TO THIRD PARTY SITES
This site contains links to sites which are controlled by third
parties. Those linked sites are not under the control of EbonyMale.com,
and EbonyMale.com is not responsible for the contents of any linked
site or any link contained in a link site. The inclusion of any link
does not imply endorsement by EbonyMale.com of any linked site.
G. TERMINATION
Membership billing is by a per-month basis or automatic renewal
and may be cancelled at anytime by visiting EbonyMale.com's online transaction processors, Epoch.com Customer Service at (
www.epoch.com ) or ccBill.com Consumer Support at
( www.ccBill.com ). These terms are
effective until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from
EbonyMale.com and all related documentation and all copies and
installations thereof, whether made under the terms of this agreement or
otherwise. These terms will terminate immediately without notice from
the sole discretion of EbonyMale.com should you fail to comply with any
term or provision of this agreement.
H. HARASSMENT
EbonyMale.com has the right to terminate any membership in the
event that it feels a member is harassing a model or any other member of the site
at EbonyMale.com. The grounds for termination can be purely subjective
and based on the views of EbonyMale.com and it's employees or
representatives.
I. CREDIT CARD FRAUD
Please note that a subscription to EbonyMale.com is a legal and
binding contract between the user and EbonyMale.com, which is not
revocable after the user has entered the private members' area and
taken advantage of the benefits of membership. Submission of credit
card, checking account, or telephone billing information to EbonyMale.com's online transaction processors
( Epoch.com) or
( ccBill.com) is equivalent to a legal
signature; and all IP addresses will be retained to verify users'
identities. Fraudulent use of credit cards can and will be prosecuted
to the full extent of all applicable laws. Fraudulent use includes
entering false credit card information and obtaining chargebacks when
the credit card has NOT been stolen and the transaction has NOT been an
error. Users must notify Epoch.com or ccBill.com via e-mail at ( billing@billingsupport.com
) or ( consumersupport@ccbill.com
) prior to renewal date when they want to cancel membership.
J. PASSWORD PIRACY
Password piracy is theft. Only two (2) IP addresses are allowed
for each password. Users must not give away passwords or leave their
account information so insecure that they are stolen. If more than two
(2) IP addresses are used for a given password in a certain period of
time, the password will automatically be deleted from the system and
the user notified via e-mail of the infraction. EbonyMale.com utilizes
two (2) security devices on its server. These programs track every
member's password and user name, how many times it is used, how many
times each member logs on to site, how many hits it causes, etc., as
well as prevent brute force attacks. They immediately disable passwords
if an account has been abused. If a member's account is abused, access
into EbonyMale.com is automatically terminated. All records of such abuse will be forwarded
to the abused account's e-mail address on file.
K. PRIVACY STATEMENT
EbonyMale.com respects your right to privacy and will do
everything we can to protect that right. Members' details will not be
sold or given to any third parties or to any other members of the site.
Members' details will only be used for the purposes of administrating
the Web site.
Email notification
via mailing lists are sent only to users that have visited or purchased
from the Web site, corresponded with an email address from the Web
site, or opted-in to a newsletter signup on the Web site; users may
unsubscribe at any time. Email notifications are sent only to inform
users of new events, promotions and updates relating to EbonyMale.com.
We do not spam and provide clear means of unsubscribing from the
EbonyMale.com newsletter in every email message sent, as well as on the
Web site. Other questions about how your information is collected and
used may be obtained by emailing the Web site administrator, at ( webmaster@ebonyMale.com ).
Although we will do our best to
make sure your details remain secure and private we cannot be held
responsible for:
- Unforeseen software/hardware
errors that fail in such a way as to leave your details exposed.
- Hacking. Although
EbonyMale.com has anti-hacking measures in place and only allow access
to our servers via designated IP addresses the possibility always
exists.
- Human Error. We are all human
and mistakes can sometimes be made. We will try our utmost to prevent
this from happening but again cannot be held responsible for the
unforeseen.
L. JURISDICTION
In the event of a breach of these terms or conditions, the laws
of the State of Ohio, County of Lucas shall have jurisdiction over
the dispute, and you hereby agree to submit to the personal
jurisdiction of these courts.
M. RULES FOR BULLETIN BOARDS AND CHATROOMS
Any Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums")
are dedicated to providing an opportunity for users to exchange ideas and opinions.
As such, any comments, ideas, opinions, advice, concepts, stories, visual images,
information or other content (collectively, the "Comments") appearing within any
such Forum do not necessarily come from or reflect the views or opinions of EbonyMale.com.
EbonyMale.com makes no warranties concerning the accuracy, completeness or usefulness of
any Comments nor their merchantability or fitness for any particular purpose. Further,
EbonyMale.com assumes no responsibility or liability for the Comments, nor for any
claims, damages, or losses resulting from any use of the Forums or the Comments.
By communication with a Forum, you hereby represent that you have all necessary
rights in the Comments that you have provided, transmitted or sent to this site,
and you hereby authorize Ebonymale.com to use, and/or authorize others to use, any
such Comments in any manner EbonyMale.com sees fit, in any medium for no compensation.
IN OTHER WORDS, WE MAY WANT TO USE WHAT YOU SAY FOR THINGS LIKE PROMOTIONS OF OUR
CHATS OR ON ONE OF OUR PROGRAM SERVICES, AND BY PUTTING IT HERE, YOU ARE AGREEING TO
LET US USE IT ANY WAY WE WANT FOR NO COMPENSATION.
You shall not upload, transmit, distribute or otherwise publish through such Forums any content which:
a) libels, defames, or is obscene, abusive, or threatening;
b) infringes any intellectual property right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
c) violates any law;
d) advocates illegal activity;
e) advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to indemnify EbonyMale.com for any and all claims, damages, losses, and causes
of action arising out of your publication or transmittal of any Comments or your failure to
comply with these Terms of Use. While EbonyMale.com does not and cannot review every message
posted by users in the Forums and is not responsible for the content of these messages,
EbonyMale.com reserves the right to delete, move, or edit messages that it, in its sole
discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark
laws, or otherwise unacceptable.
N. DISCLAIMER REGARDING PERSONAL ADS
Advertisements may be submitted only by persons 18 years of age or older. All requests must come from the
email address of the advertiser. EbonyMale.com does not investigate nor accept responsibilty for claims made
in any advertisement. The screening of respondents is solely the responsibilty of the advertiser. EbonyMale.com
assumes no responsibilty for the content of, or the reply to, any advertisement. The advertiser assumes
complete liability for the content of and all replies to his advertisement, and for any and all resulting
claims made against EbonyMale.com that arise from the same. Further, the advertiser agrees to indemnify and hold
EbonyMale.com harmless from all cost, expenses, including reasonable legal fees, liabilities and
damages resulting from or caused by the advertisement placed by the advertiser, or any reply to the advertisement. |