ACCEPTANCE OF TERMS

The following are terms of a legal agreement (“Agreement” or “Terms of Use” or “User Agreement”), between you (the "User"), and J.T. Media, LLC (the “Company” or “malemenu.com”). J.T. Media, LLC, currently provides online information, entertainment, shopping and communication services on the Web site and in other locations (collectively, the "Service"). Your use and/or registering to become a member of the Service provided by our web site at malemenu.com or the mobile version thereof (together the "Site"), constitute and signify that you have read, understand and agree to be bound by the Terms of Use of this User Agreement as well as the terms and conditions contained in the Privacy Policy and our Community Guidelines. PLEASE CAREFULLY READ THIS USER AGREEMENT. IF YOU BECOME DISSATISFIED WITH, HAVE ANY OBJECTION TO, OR DISAGREE WITH, ANYTHING WITHIN THIS USER AGREEMENT, OR SUBSEQUENT GUIDELINES OR POLICIES, YOU AGREE TO DISCONTINUE USE OF THIS WEB SITE AND/OR ANY SERVICES PROVIDED IN CONJUNCTION WITH THIS WEB SITE.

The User agrees to be 18 years of age or older in order to use this Site and to register as a member. The Company reserves the right to suspend or terminate the User’s membership to this Site immediately and without notice should the Company discover or have any reason to suspect that the User is not over 18 years of age. The User agrees that the Company shall not be liable to the User or to any third party for any such action.

MEMBERSHIP

To use this Service, you must become a member ("Member"). Use of the Company Services and registration to be a Member for the Company Services (“Membership”) is void where prohibited. As a Member, however, you will have access to various services to which non-Members do not have access, some of which will enable you and other Members to interact with each other, ("Member Areas").

Our services are not available to anyone who is not at least 18 years of age. If you are not at least 18 years of age, you are not permitted to become a Member or use our services.

If you would like to register to become a Member, please complete our membership registration form. When you do, you agree to: provide true, accurate, current and complete information as prompted by the registration form, maintain and update such information to keep it true, accurate, current, and complete at all times, and that you are the age that you state.

If any information provided by you on the registration form is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration.

The Company makes a good faith effort to prohibit registration as a Member by, and will not knowingly connect or store personal information from, children as governed by law.

MODIFICATION OF AGREEMENT

Company reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice, also Membership and use of the Service is with the permission of the Company, which may be revoked at any time, for any reason, in the Company's sole discretion. Such modifications shall become effective immediately upon the posting thereof. You agree that the Company shall not be liable to you or to any third party for any such action. You must review this agreement on a regular basis to keep yourself apprised of any changes.

CONTENT

User understands that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, User is entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. User understands that Company does not control, and is not responsible for Content made available through the Service, and that by using the Service, User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the malemenu.com site and Content available through the Service may contain links to other websites, which are completely independent of Company.

Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Company does not pre-screen or approve Content, but that Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the User Agreement or for any other reason.

INTERACTIONS WITH OTHER MEMBERS

User is solely responsible for User’s interactions with other Members. User understands that the Company does not in any way screen its Members, nor does the Company inquire into the backgrounds of its Members or attempt to verify the statements of its Members. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY 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 SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET THROUGH THIS SERVICE. User agrees to take reasonable precautions in all interactions with other Members, particularly if User decides to meet offline or in person. STATE OF NEW JERSEY INTERNET DATING SAFETY ACT DISCLOSURE: IF YOU ARE A USER OR MEMBER COMING FROM THE STATE OF NEW JERSEY, YOU ARE HEREBY NOTIFIED THAT COMPANY AND/OR IT’S SERVICE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, MEMBER OR PROSPECTIVE MEMBER.

The Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Company, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

User’s interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. User should make whatever investigation User feels necessary or appropriate before proceeding with any online or offline transactions with any of these third parties.

User agrees that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, User understands and agrees that Company is under no obligation to become involved. In the event that User has a dispute with one or more other Users, User hereby releases Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If User is a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

FEES

Company reserves the right at any time to charge fees for access to new Service content or services or to portions of the existing Service content or services or to the Service as a whole. In no event will you be charged for access to any Service content or service, or to the Service as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services. Company may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the User Agreement. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the User Agreement.

USER CONDUCT

Following are some basic rules that apply to the Site and that you agree to follow. If you violate any of the Site rules, or if we have reasonable grounds to so believe, we have the right, in addition to pursuing any and all legal remedies available, to deny you access to the Site, to suspend or terminate your membership without any right of refund to you and to refuse to provide you with any future membership. You agree not to use the Site to:

1. upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or (e) 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;

2. connect in an unauthorized manner (i.e., by means other than the technology provided by the Company) to the community environment the Company provides for use by its Members on the Site or facilitate such unauthorized connections through the provision of software or other computer code specifically designed to allow a user to make such unauthorized connections to the Company's community environment;

3. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the technology or any other software the Company provides through the Site;

4. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;

6. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type (e.g., "flooding"), or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

7. interfere with or disrupt the Site or servers, networking and computing equipment or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

8. initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in the Site and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any disruptive action aimed at the Site or the Internet in general;

9. try to gain access to areas that are private to the Company or to other Site users;

10. violate any applicable local, state, national or international law or regulation;

11. stalk or otherwise harass another;

12. harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Site);

13. collect, intercept or harvest member names; collect, intercept or store personal data about other users of the Site; or solicit or attempt to discover a user's password, member name, or other registration or usage information without the user's express knowledge and consent;

14. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

15. post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

16. use any form of automated device or computer program that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

17. use any form of automated device or computer program (“flagging tool”) that enables the use of Company’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates this User Agreement.

18. use any third-party agent, service or intermediary that offers to post Content to the Service on behalf of others, (“Posting Agent”). To moderate demands on Company’s resources, User may not use a Posting Agent to post Content to the Site without express permission or license from Company. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Site to facilitate posting Content on behalf of others, except with express permission or license from Company.

19. send unsolicited email advertisements to Company email addresses or through Company computer systems, which is expressly prohibited by this Agreement. Any unauthorized use of Company’s computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et. Seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject sender and his or her agents to civil or criminal penalties.

20. engage in or run raffles, lotteries, contests, or sweepstakes;

21. promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption to the Site, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to the Site or the Internet in general;

22. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

23. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or

24. store any information or use any Web page or directory you create, including any member profile or posting in or to a public area, on or through the Site as storage for remote loading or as a door or signpost to another Web page, whether inside or outside the Site.

You acknowledge that we do not pre-screen material posted or transmitted on the Site. IN PARTICULAR, WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE PRE-SCREEN MEMBERS FOR FELONY OR SEX OFFENSE CONVICTIONS. PLEASE TAKE APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH MEETING SOMEONE YOU HAVE MET THROUGH THE USE OF THE SITE SERVICES. We and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Site, including but not limited to messages, profiles, images, personals, and reviews. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of the Company, its users or the public.

YOU AGREE THAT COMPANY, ITS PARTNERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

You acknowledge that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of Service to Account holders who are repeat offenders. However, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

ALLOCATION OF RISK

YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THEIR BARGAIN, WITHOUT WHICH THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE THE SERVICE.

PROPRIETARY RIGHTS

The contents of the Service, including text, software, photos, graphics and all other audiovisual elements are copyrighted by the Company individually and as a collective work under the United States copyright laws and international treaties. Except for material in the public domain, the Company and its licensors hold copyrights to all content appearing on the Service. The Company permits, without charge, the reproduction and distribution of materials contained on the Service for non-commercial educational and personal uses only, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright notice appearing on such materials. All other reproduction, distribution, retransmission, modification, public display, and public performance of such materials is prohibited without the prior written consent of the Company. To obtain such consent, contact:

Copyright Administrator
J.T. Media, LLC
E-mail: support@malemenu.com

Although J.T. Media, LLC does not claim ownership of content that its users post, by posting Content to any Public Area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant J.T. Media, LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

NOTICE OF COPYRIGHT INFRINGEMENT

The Company respects the intellectual property rights of others and we require that our Members and merchants do the same. Members may not upload, post, reproduce, link to, distribute or store material protected by copyright, trademark, trade secret or other proprietary right, or which would violate any right of publicity, right of privacy or other right of any third party, without first obtaining permission of the owner of such right.

Members remain the copyright owner of all material (software and content) that they provide on the Service. Use of the material in a manner which is inconsistent with the terms and conditions set forth herein is strictly prohibited. Do not post, give away or sell any item that is not 100% your own unless you have a license to re-distribute. Copyright infringement will not be permitted and may result in the suspension or termination of membership.

Company requires proof of trademark registration or application before a member or merchant may offer any trademarked product for sale on the Service (including, but not limited to, by way of advertising images, banners, articles, sales descriptions, title, read me, and licenses). Proof of permission to use is also required in any case where any right of publicity, (such as in the case of famous actors and professional athletes,) right of privacy (such as in the case ordinary citizens,) or any other proprietary right of any third party is used by Company Members in material uploaded to, posted on, reproduced on, linked to, distributed via, or stored on the Service. Members will promptly provide Company with verification of any such permission upon Company’s request.

Company adheres to the Digital Millennium Copyright Act, (“DMCA”) and other applicable intellectual property laws. If you believe that any material on the Service infringes a copyright that you own or control you may file a notification of claimed infringement with our Designated Agent. 

Any notification of claimed infringement (“Notification”) must be submitted in writing to Company’s Designated Agent by email, fax or regular mail. Notifications that comply with the DMCA will assist us in quickly responding to your request. Please include the following information in your written Notification:

Provide information such as your name, address, phone number, and/or email address, which will allow Company to contact you in writing.

Identify the copyrighted work that you believe has been infringed or, if you believe multiple copyrighted works have been infringed, a representative list of such works.

Identify the material, activity or product that you claim is infringing the copyrighted work(s) listed in your response to No.1 above, and provide information reasonably sufficient for us to locate the material, such as the URL.

Include the following statement: “I have a good faith belief that use of the material set forth above is not authorized by the copyright owner, its agent, or the law.”

Include the following statement: “The information in the notification is accurate, and I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Apply your physical or electronic signature to the Notification.

Send the written Notice to Company’s Designated Agent.

Failure to include all of the above-listed information in your Notification may result in a delay of the processing of your request or our inability to process your request at all. If you knowingly materially misrepresent that the challenged product is infringing your copyright(s) you may be liable for damages, including costs and attorney’s fees incurred by Company and/or the alleged infringer. If you have any question that the challenged product infringes your intellectual property rights, please consult with an attorney.

Company has designated an agent to receive notifications of claimed infringement. Company’s Designated Agent for notifications of claimed infringement can be reached as follows:

Copyright Administrator
J.T. Media, LLC
copyrights@malemenu.com

Company will remove the infringing posting(s), subject to the procedures outlined in the DMCA.

GENERAL

This Agreement contains the complete and final statement of the understanding between you and the Company with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and the Company concerning the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by the Company of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including, without limitation, the User Conduct, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Proprietary Rights, Indemnification, Governing Law, and General sections of this Agreement.

If you have any questions regarding this Agreement, please feel free to Contact Us.