© Copyright 2012 ManMate, Inc

This is a legal Agreement (the “Agreement”) between you and ManMate.com. Please read this Agreement carefully before registering for ManMate.com membership or phone counseling sessions. ManMate.com is an Internet service through which a consenting adult (the “Member”) can meet other consenting adults with similar interests and backgrounds (the “Service”).

By registering with ManMate.com, you become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. If you do not agree to the terms, you may not register with ManMate.com. The terms are subject to change by ManMate.com at any time, effective upon notice to you by a posting on the ManMate.com website, and your use of the Service after such posting will constitute acceptance by you of such changes.

            1.1 The Service is provided to you under the terms and conditions of this Agreement, and ManMate.com’s
Privacy Policy . 
            1.2 You must be at least 18 years of age to register to become a Member of ManMate.com or use its website. Membership in the Service is void where prohibited. 
            1.3 By completing the Compatibility Profile (registration process), clicking the box labeled "Submit Profile” and using the website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions in the Agreement. 
            1.4 If you wish to obtain a copy of this Agreement in non-electronic form, please contact ManMate.com at the address listed on our Contact page.

             2.1 As a condition for using the Service, you agree to submit true, accurate, current and complete information about yourself as prompted during the registration process of completeing the Compatibility Profile, including but not limited to contact Information and to maintain and update this information to keep it true, accurate, current and complete.
             2.2 ManMate.com reserves the right to use any or all data for introduction purposes.  If any information submitted by you is found to be untrue, inaccurate, non-current or incomplete, ManMate.com has the right to terminate your account and refuse any and all current or future use of the ManMate.com Service.  In the event of such action, ManMate.com will not provide you a refund.
             2.3 You hereby acknowledge, understand and agree that all information disclosed by you to ManMate.com has been disclosed freely and knowingly, and that any and all information posted in or on the ManMate.com website will be stored on computer.  You consent to allow ManMate.com to use this information to build up a profile of interests, preferences, browsing patterns and all other services offered by ManMate.com. The information will not be disclosed knowingly or willfully to any third party without your authorization as described in detail in the ManMate.com Privacy Policy, except as may otherwise be permissible by this Agreement and required by the Services offered by ManMatecom.
             2.4 You acknowledge that by submitting any type of communications to ManMate.com, no fiduciary, confidential, contractually implied or other relationship is created between you and ManMate.com or any of its affiliates other than those expressly subject to these terms and conditions.
             2.5 Anytime you as a Member and/or Registrant upload files, messages, enter data or engage in any other form of communication, individually or collectively, within the ManMate.com website, you grant to ManMate.com a perpetual, world wide, irrevocable, unrestricted, non-restricted, non-exclusive, royalty-free license to use, including but not limited to promotional and advertising purposes, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitations, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
             2.6 ManMate.com has and reserves the right to remove anything that it deems, in its sole and absolute discretion and in compliance with relevant laws, does not comply with the terms of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.

             3.1 ManMate.com considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. ManMate.com shall not disclose such information to any third parties without your consent. However, you acknowledge and agree that ManMate.com may in good faith disclose such information if it is reasonably necessary:
· · to comply with the law;
· · to enforce the Agreement;
· · to respond to claims that such content violates the rights of third-parties; and
· · to protect the rights or interests of ManMate.com and its users. 
             3.2 You understand and agree that ManMate.com may access the content of your account in order to identify and resolve technical problems or service complaints.

ManMate.com reserves the right, at its sole discretion, to modify, change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. You will be informed of any such changes by a notice on the ManMate.com website stating that the Agreement has changed. Changes in these terms and conditions will be effective from the time they are posted on the website. Your continued use of the Service after ManMate.com has posted such notice constitutes your acceptance of any such changes.

             5.1 ManMate.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you.
             5.2 You agree that ManMate.com shall not be liable to you or any third party for any modification or discontinuation of the Service.

             6.1 You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other ManMate.com members.
             6.2 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the ManMate.com Service. You also agree not to interfere with the use and enjoyment of the Service by other members.
             6.3 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
             6.4 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. 
             6.5 You agree not to transmit "junk mail", "spam," "chain letters,” or unsolicited mass distribution of email, or to use the eManMate.com Service for any commercial purposes.
             6.6 You agree not to impersonate any person or entity or to harass or stalk any person.
             7.1  You agree not to interfere or attempt to interfere with the operation of the website (the “Site”), Service and/or Software use to operate the Site and the Service (the “Software”) in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means expressly prohibited by any provisions of these terms and conditions.
             7.2 You and/or any Member and/or Registrant may not at any time attempt to use or act upon any software, robot, and bot, spider and/or any other means of entering the Site and/or Service. You may not post any type of service or URL for any reason. 
             7.3  You agree not to include in your public profile any offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Site or the Service, which are accessible to the public or eManMate.com's general membership.
             7.4 eManMate.com reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.
             7.5 Your membership with eManMate.com is for your sole personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access.

You agree not to resell the eManMate.com Service or use of or access to the Service.  Your membership is non-transferable and you may not assign your membership to any other person or entity.

             9.1 For purposes of your use of our Service, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process, including your legal name, address, telephone number, email address and other billing information (e.g., credit card number and expiration date), and to allow us to share your data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. 
             9.2  Payment for the Service may be made by credit card or other means by which eManMate.com authorizes.
             9.3 eManMate.com reserves the right to change any fees or charges for using the Service, at any time, without prior notice.
             9.4 You agree to promptly inform eManMate.com of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your username ID or password. Until eManMate.com is notified by e-mail of a breach in security, the Member will remain liable for any unauthorized use of the service.

             10.1 You agree that eManMate.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or your attempt to assign your account to a third party. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that eManMate.com may immediately delete files in your account and bar any further access to it. eManMate.com may also impose limits on certain services and features or restrict your access to parts or the entire Site without notice or liability.
             10.2 You acknowledge and agree that any suspected fraudulent, abusive or illegal activity may be termed as grounds for termination of your account and may be referred to appropriate law enforcement authorities.
             10.3 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership with the Service; and then notify eManMate.com, via email, of termination.
             10.4 Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If eManMate.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
             11.1 You acknowledge and agree that any and all links from eManMate.com and/or all other sites owned and/or operated by eManMate.com on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement from eManMate.com or any of its partners, affiliates, and/or other sites or services. These links are provided as an information service only. It is the responsibility of the Member to evaluate the content and usefulness of information from these links.
             11.2 Because eManMate.com has no control over such sites and recourses, you acknowledge and agree that eManMate.com is not responsible for the availability or content of such external sites or resources. 
             11.3  You agree not to hold eManMate.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the eManMate.com Site.

             12.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by eManMate.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by eManMate.com, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. You agree to abide by any and all information, restrictions, and/or copyright notices displayed on the site.
             12.2 To the fullest extent permitted by law, you acknowledge and agree that any material you send to eManMate.com, by email or otherwise, including any suggestions and comments on eManMate.com, the site, the Service and/or the Software or that you post in any areas on the Service that are accessible to the public or eManMate.com's general membership, will be treated as non-confidential and non-proprietary and eManMate.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that no commission or money will be exchanged in return.
             12.3 You agree not to violate any third party's proprietary rights by posting, distributing or reproducing any copyrighted material, trademarks, or other proprietary information without first obtaining the prior consent of the rights holder.
             12.4 You agree to not remove any proprietary rights notices contained on the eManMate.com website.

By posting or transmitting any file, data, photograph, or other content or communication to eManMate.com or on the Service, you represent and warrant as follows:
             13.1 That the public posting and use of the file, message, data, photograph, or other content or communication by eManMate.com and any Members will not infringe or violate the rights of any third party, including but not limited to any intellectual property rights. 
             13.2 That you are using the Service in accordance with any and all applicable laws and regulations, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.

             14.1 The Service and the materials available on or through the eManMatecom Service are provided "as is" and "as available" and without warranties or conditions of any kind, either expressed, implied, stsutory, in any communication with eManMate.com or its representatives, or otherwise with respect to its services.
             14.2 To the fullest extent permissible under applicable law, eManMate.com specifically disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description,fitness for a particular purpose, or non-infringement. 
             14.3 eManMate.com does not represent or warrant that your use of its service will be secure, uninterrupted, always available, or error-free, or that defects will be corrected, or that this Site or the server that makes it available, are free of viruses or other harmful components. SM.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.
             14.4 eManMate.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service.  eManMate.com will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this Service, including, without limitation, to damages arising out of communicating and/or meeting with other Clients of the Service.  Such damages include, without limitation, physical damages, bodily injury and/or emotional distress and discomfort.  Further, eManMate.com has not and does not conduct criminal background checks on its users.

             15.1 To the fullest extent permissible under applicable law, eManMate.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from:
the use of or the inability to use the eManMate.com Service,
any changes to the Service,
unauthorized access to or alteration of your transmissions or data,
any material or data sent or received or not sent or received, or
any transactions entered into through the Service.
             15.2 You specifically agree that eManMate.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
             15.3 In no event, except in jurisdictions where such provisions are restricted, shall eManMate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees be liable to you or any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, the Service, eManMate.com, any and all other sites, any and all services, advertising, banners, and/or any part of the Site and/or any service or services offered, even if eManMate.com has been advised of the possibility of such damages.
             15.4 At all times eManMate.com and all of its other services and affiliates shall never in any way be liable to you for more than the amount paid.

You agree to defend, indemnify, and hold harmless eManMate.com and any affiliates, its officers, directors, employees, agents, attorneys and third parties from any loss, liability, claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from your use of the eManMate.com Service and your use of the Service in violation of this Agreement and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth within this Agreement.   This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

17.   NOTICE
Any notice to eManMate.com shall be made via email or regular mail as listed under the Contact Us section on the Site. If the notice concerns your withdrawal from the Service, it will be effective within a reasonable time after eManMate.com receives it. Your withdrawal notice will not affect the legal validity or enforceability of the Agreement provided to you and electronically signed by you prior to the effective date of your withdrawal.

              18.1 eManMate.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. 
              18.2 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
              18.3 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
eManMate.com posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. At any time you suspect anyone of wrongdoing or if at any time you feel the need to contact eManMate.com about a violation of its policy and/or policies please contact eManMate.com at the addresses and numbers listed in the Contact Us section of the Site.

Any and/or all software from eManMate.com and any of its parents, subsidiaries, affiliates, officers and employees, is further subject to United States export control laws and regulations. Under no circumstances can any software from this Site be downloaded or otherwise exported or re-exported:
a. a. into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other Country to which the U.S. has embargoed goods; or
b. b. to anyone on the U.S. Treasury Department's Table of Denial Orders. By using this Site and any Software and/or by downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Country or on any such list.
              21.1 eManMate.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or guest communications. This includes personal injury or damage to users, members, guest, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with eManMate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees.
              21.2 eManMate.com cannot guarantee and does not promise any specific results from use of the Service and/or the Site of eManMate.com 

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