Contents
- Welcome!
- Eligibility
- Nature of the Service
- Venue Only
- Restrictions on Use of
Materials
- Proprietary Rights in the
Content
- Submissions
- Forums and Public
Communication
- Disputes Between Providers and/or
Users
- Modification of Terms
- Massage Therapist
Accounts/Advertiser
11.1 Editorial Control
11.2 Alias
11.3 Ad Content
11.4 Third Party Websites
11.5 Photo Guidelines
11.6 Billing
11.7 Currency is United States Dollars
(USD)
11.8 Automatic Recurring
Billing
11.9 Notice of rate
changes/Pricing
11.10 Free Trial Period
11.11 Transfer/Resale.
11.12 Cancellation/Refund
Policy
11.13 Gift Certificate
Program
11.14 Gift Certificate
Redemption
11.15 Referral Program
- Gift Certificate Sales
12.1 Instructions for Gift Certificate
Recipients
12.2 Fraud Prevention & Gift
Certificate Redemption Instructions
12.3 Refund Policy
- Passwords
- Privacy
- Content Linked to the
Site
- Disclaimers
- Indemnification
- Limitation of Liability
- Release
- Jurisdictional Issues
- No Agency
- Termination
- General Provisions
- Digital Signature
Provisions
- Notice and Procedure for Making
Claims of Copyright Infringement
- Legal Compliance
- Miscellaneous Terms
27.1 Severability
27.2 Headings
27.3 Non-Disparagement;
Publicity
27.4 Notice
Site Usage and Information Agreement
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Welcome!
Welcome to MyMassageTherapists.com! We are proud
to provide you with access to the
MyMassageTherapist.com Web site (the "Site" or
"Service"). Our goal is to help massage
therapists more
independently while clients
find qualified therapists for themselves, family,
or friends. MyMassageTherapists.com is an
independent entity and NOT a referral agency; as
such, we do not and cannot endorse, guarantee or
warrant the claims or services of any other
provider of services through the Site ("Provider"
, "Member" OR "Massage Therapist"), advertiser,
service or product.
IMPORTANT! THIS IS A BINDING LEGAL
AGREEMENT (this "Agreement"). PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. This Agreement governs
your use of the Site and is by and between
Serenity Online Media, Inc. (referred to herein
as "Serenity Online Media, Inc.",
"MyMassageTherapists.com", "we," "us," or "our")
and you, on behalf of yourself and the buyer,
member or supplier for which you have registered
("you" or "user"). By using, viewing,
transmitting, caching, storing and/or otherwise
utilizing the Site, the services or functions
offered in or by the Site and/or the contents of
the Site in any way, you have agreed to each and
all of the terms and conditions set forth below,
and waive any right to claim ambiguity or error
in this Agreement. If you do not agree to
each and all of these terms and conditions please
do not use the Site and leave the Site
immediately. We reserve the right, at
our sole and absolute discretion, to change,
modify, add, or remove portions of these terms at
any time without notice and, unless otherwise
indicated, such changes will become effective
immediately; therefore, please check these terms
periodically for changes. Your continued use of
the Site following the posting of changes to this
Agreement will mean you accept those changes.
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Eligibility
The Site is available only to individuals and
entities that can form legally binding contracts
under applicable law. Without limiting the
foregoing, the Site and the services offered by the
Site are not available to minors. If you do not
qualify, click here to leave the Site
and do not use the Site. You must be eighteen (18)
years of age or older to use this website.
To post an ad, you must be a certified massage
therapist or a trained provider of massage services
and looking to increase your clientele and private
individual business by advertising on the website.
Individuals seeking "massage exchanges" are not
eligible to register as Providers / post an ad. In
addition, advertiser must comply with any local,
state, provincial and federal regulations,
ordinances, statutes and laws, if any, that may
apply to your advertisement.
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Nature of the
Service
Serenity Online Media, Inc. assists massage
therapists / providers, bodyworkers and their
present and future clients in finding one another.
Providers may use the Service to offer, sell,
advertise and promote their massage / bodywork
services and such other similar or closely-related
services (e.g. personal training, diet / nutrition
/ exercise and/or health advisement, yoga,
mind/body relaxation and/or conditioning, other
holistic services, etc.) as approved by us. Users
are welcome to search for massage / bodywork
services of their choice, and to reply, inquire,
pursue or follow-up regarding Providers'
advertisements in the User's capacity as an
individual person for personal, non-commercial use
and enjoyment. No other advertising, solicitation
or use of any kind is permitted of or through the
Service / Web site without prior written consent
from Serenity Online Media, Inc.
You agree to comply with all applicable laws.
Illegal and/or unauthorized uses of the Web site,
including collecting names, e-mail addresses and/or
other information by electronic or other means for
unauthorized purposes, to include, without
limitation, sending unsolicited e-mail; designing,
building, supplementing or maintaining any
commercial or non-commercial list, directory or
database; and/or unauthorized framing / inlining of
or linking to the Web site will be investigated,
and appropriate legal action will be taken,
including without limitation, civil, criminal, and
injunctive redress.
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Venue Only
Serenity Online Media, Inc. is an advertising
and search venue only. We do not participate in any
transaction between Providers and Users, nor do we
have any control over or make any representations
or provide any assurance concerning items such as,
but not limited to, (i) the quality or legality of
any offered product or service, (ii) the
truthfulness of any listing, advertisement or
review, (iii) the ownership of any item offered for
sale, (iv) the ability of any seller to ship the
item or the ability of buyers to buy the item, (v)
that any item or service is safe, non-infringing as
regards to the intellectual property rights of any
person or entity or free of any and all
encumbrances, liens or contractual claims or (vi)
that the sale or advertisement of any item or
service complies with the applicable legal
requirements for the sale, advertisement and/or
transport of that item or service, including but
not limited to statutes, regulations or
requirements of any country, state, province,
municipality or other government authority or
regulatory entity regarding sales, export or import
control, taxation, duties or tariffs, presence or
licensing of brokers (the foregoing, "Legal
Requirements").
By its very nature, information submitted by
Providers may be inaccurate, and in some cases will
be mislabeled or deceptively labeled. We expect
that you will use caution -- and common sense --
when using the Service.
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Restrictions on Use
of Materials
All materials contained in the Site are the
copyrighted property of Serenity Online Media,
Inc., or its subsidiaries or affiliated companies
and/or third party licensors. No material from the
Site or any Internet site owned, operated,
licensed, or controlled by us or our affiliates may
be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way
without our prior written consent. For purposes of
these terms, the use of any such material on any
other Web, Internet, intranet, extranet or other
site or computer environment is prohibited. All
trademarks, service marks, trade names and trade
dress used on the Site are proprietary to us or our
licensors. You may not frame or utilize framing
techniques to enclose any of our trademarks, logos,
or other proprietary information (including images,
text, page layout, or form) without our prior
express written consent. You may not use any meta
tags or any other "hidden text" utilizing our name,
trademarks or other proprietary information without
our prior express written consent. Unless
indicated otherwise, all names, logos, trademarks,
service marks, trade dress and trade names are
proprietary to Serenity Online Media, Inc. and
MyMassageTherapists.com, and may not be used by
anyone for any purpose without our prior express
written consent. We consider our trademarks to be
valuable assets, and take infringement of them
seriously. Following is a list of some trademarks
used on this site and owned by Serenity Online
Media, Inc.
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Serenity Online Media, Inc.
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Proprietary Rights
in the Content
Though Serenity Online Media, Inc. does not
claim ownership of any Provider or User posted
content , Serenity Online Media, Inc. owns and
retains all proprietary rights in the sSite. The
Site contains the copyrighted material, trademarks,
and other proprietary information of Serenity
Online Media, Inc. and its licensors, and is
protected to the maximum extent permitted by law
and by international treaty provisions. Except for
that information which is in the public domain or
for which you have been given written permission,
you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such
proprietary information. Violation of Serenity
Online Media, Inc.'s proprietary rights may result
in severe civil and criminal penalties. You further
agree that the Service, the Web site, its
structure, sequence and organization and source
code are considered trade secrets of Serenity
Online Media, Inc. and its suppliers and are
protected by trade secret laws. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCING THE WEB SITE
OR ANY PORTION THEREOF TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR
DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT
TO DISCOVER ANY SOURCE CODE CONTAINED IN THE SITE.
THE USE OF ANY BOTS, "SPIDERS", OR DATA MINING
TOOLS IS EXPRESSLY PROHIBITED.
You agree and acknowledge that the Service is
unique and that it has required substantial effort
by Serenity Online Media, Inc. to design, prepare,
build, update, verify and compile. As such, you
agree, acknowledge and stipulate that Serenity
Online Media, Inc. shall be entitled to a fee not
less than $10,000.00 USD for each and every
instance that the Service, its information and/or
content is accessed, collected, published or used
as a result of your violation of these Terms of
Service (for example, and not as limitation, for
each and every unauthorized instance of use or
release of an individual Provider's address, phone
number, e-mail address, homepage, photo or Member
name, or for each instance of unauthorized framing
/ inlining). You understand and agree that such a
fee represents a good faith effort, in light of the
facts and circumstances known at this time, to
approximate and recover the associated costs to
Serenity Online Media, Inc. for its efforts and
that such fees shall be considered liquidated
damages pursuant to California Civil Code s
1671(a). You likewise agree and acknowledge that
Serenity Online Media, Inc. shall be entitled to
injunctive relief to bar and prohibit any further
or subsequent unauthorized access or use.
You are advised that digital watermarks and
other embedded data may be present for purposes of
identification and tracking of misuse, to protect
Serenity Online Media, Inc.'s proprietary
rights.
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Submissions
We are pleased to hear from our users and
welcome your comments regarding the Site and the
products and services offered in connection
therewith. Unfortunately, however, our
long-standing company policy does not allow us to
accept or consider creative ideas, suggestions, or
materials other than those that we have
specifically requested. We employ a talented staff
and consultants who may be working on the same or
similar ideas. We hope you will understand that it
is the intent of this policy to avoid the
possibility of future misunderstandings when
projects developed by our professional staff and/or
consultants might seem to others to be similar to
their own creative work. Please do not send us any
unsolicited original creative materials of any
kind. While we do value your feedback on the Site
and the services and products offered in connection
therewith, we request that you be specific in your
comments with respect to the same, and not submit
any creative ideas, suggestions, or materials
(unless specifically requested by us). If, at our
request, you send certain specific submissions or,
despite our request, you send us creative
suggestions, ideas, notes, drawings, concepts, or
other information (collectively, the
"Submissions"), the Submissions shall be deemed,
and shall remain, our property. None of the
Submissions shall be subject to any obligation of
confidence on our part and we shall not be liable
for any use or disclosure of any Submissions.
Without limitation of the foregoing, we shall
exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature
throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without
compensation to the provider of the
Submissions.
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Forums, including
Reviews and Public Communication
"Forum" means a chat area, message board, or
e-mail function offered as part of the Site.
"Forum" includes any reviews you submit to the
Site. If you participate in a Forum within the
Site, if applicable, you must not: (i) defame,
abuse, harass or threaten others; (ii) make any
bigoted, hateful or racially offensive statements;
(iii) advocate illegal activity or discuss illegal
activities with the intent to commit them; (iv)
post or distribute any material that infringes
and/or violates any right of a third party or any
law; (v) post or distribute any vulgar, obscene,
discourteous or indecent language or images; (vi)
advertise or sell to, or solicit others; (vii) use
the Forum for commercial purposes of any kind other
than to facilitate a transaction on the Site;
(viii) post or distribute any software or other
materials which contain a virus or other harmful
component; or (ix) post material or make statements
that do not generally pertain to the designated
topic or theme of any chat room or bulletin board.
You shall remain solely responsible for the content
of your messages and shall indemnify and hold the
Indemnified Parties harmless for the content of
such messages. We reserve the right to remove or
edit content from any Forum at any time and for any
reason.
By uploading materials to any Forum or
submitting any materials to us, you automatically
grant (or warrant that the owner of such materials
expressly granted) us a perpetual, worldwide,
royalty-free, irrevocable, non-exclusive right and
license, with the right to sublicense, to use,
reproduce, modify, adapt, publish, translate,
publicly perform and display, create derivative
works from and distribute such materials or
incorporate such materials into any form, medium,
or technology now known or later developed
throughout the universe. In addition, you warrant
that all so-called "moral rights" in those
materials have been waived.
When participating in a Forum, never assume that
people are who the say they are, know what they say
they know, or are affiliated with whom they say
they are affiliated with in any chat room, message
board, or other user generated content area.
Information obtained in a Forum may not be
reliable, and it is not a good idea to trade or
make any investment decisions based solely or
largely on information you cannot confirm. We
cannot be responsible for the content or accuracy
of any information and shall not be responsible for
any trading or investment decisions made based on
such information.
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Disputes Between
Providers and/or Users
You are solely responsible for your interactions
with other Serenity Online Media, Inc. Users and
Providers, and you release Serenity Online Media,
Inc. from any and all claims, demands and damages
(actual and consequential) of every kind and
nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
Serenity Online Media, Inc. reserves the right, but
has no obligation, to monitor Service-related
disputes between you and other Users and
Providers.
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Modification of
Terms
Users agree that Serenity Online Media, Inc.,
may: (1) revise the terms and conditions of this
Agreement, including without limitation modifying
the service fees or payment terms; and/or (2)
change part of the Services provided under this
Agreement at any time. Any such revision or change
will be binding and effective either, at Serenity
Online Media, Inc.'s sole
discretion, after posting of the revised Agreement
or change to the services on the Site , or upon
electronic notification to you. You agree to
periodically review the Site, including the current
versions of this Agreement available on the web
site, to be aware of any such revisions. If you do
not agree with any revision to the Agreement, you
may terminate this agreement at any time by
providing us with notice as set forth in this
Agreement. Notice of your termination will be
effective on receipt and processing by us. Any fees
paid by you if you terminate your Agreement with us
are nonrefundable. By continuing to use services
after any revision to this Agreement or change in
Services, you agree to abide by and be bound by any
such revisions or changes. We are not bound by nor
should you rely on any representation by (i) any
agent, representative or employee of any third
party that you may use to apply for our Services;
or in (ii) information posted on our Site of a
general information nature.
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Massage Therapist
Accounts/Advertiser
The following provisions apply to all
Providers.
11.1 Editorial Control
While we do have the ability to read and edit the
content of your posting, we are not obligated in
any way to post or not post the information. Our
approval of a posting in no way constitutes an
endorsement. Approval and termination of postings
is at our sole discretion.
11.2 Alias
You are not required to reveal your name in your
posting, but you may do so if you so choose. Your
alias must be a name, not a phrase.
11.3 Ad
Content
Please use good judgment in how you present
yourself. Approval of your posting is at our sole
discretion. Post an accurate and current picture of
yourself. If we find that your posting is
inaccurate in any way we will remove it.
11.4 Third
Party Websites At our sole discretion
we may delete links to your website.
11.5 Photo
Guidelines
We prefer that you follow the following guidelines
when choosing your photograph,
- We prefer passport or headshot type photos
that focus on your face and tops of your
shoulders. Black & White photos are
preferred, but not obligatory at this time
- You must be wearing a shirt that covers your
chest and shoulders. No cleavage displays.
- We prefer collared shirts.
- Ladies we prefer that you not highlight your
chest by wearing a tight shirt. Ideally the photo
is from the shoulders up.
- Again, approval is at our sole
discretion.
11.6 Billing
Complete your profile. There
is a free trial period. We
will contact you to discuss fees and billing
arrangements.
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11.7 Currency is United States Dollars
(USD) All transactions are in USD
(United States Dollars). If we are sending you a
payment it will be sent in USD (United States
Dollars) to the account on file. Any fees charged
by banks to receive ACH (Automated Clearing House),
sometimes referred to as "direct Deposit", payments
are the responsibility of the account holder. In
the United States of America, there usually are no
fees to the account holder to receive ACH
payments.
11.8 Automatic Recurring
Billing We bill in monthly
increments. Billing will recur
automatically. No
refunds for canceling during a month.
11.9 Notice of
rate changes/Pricing We will provide
you with 14 days notice that we are getting ready
to begin advertising and charging credit cards. You
will have the option to cancel your advertisement
within these 14 days.
11.10 Free Trial
Period If we offer a free trial period,
we will collect your credit card information even
during the trial period. We will not charge your
card until your advertisement is posted. We also
reserve the right to increase our rates with 14
days notice. You have the option to cancel your
subscription at any time prior to the first day of
each month, California, United States time at 12:01
am.
11.11 Transfer/Resale We prohibit
the sale or transfer of control of any membership
by the registered account holder to any other
individual or party.
11.12 Cancellation/Refund Policy
All sales are final. You may cancel at any time
prior to the commencement of a new billing cycle,
but no refund will be issued for the remainder of
the billing cycle. We will simply not charge for
the next upcoming monthly cycle. Once a month is
purchased it is purchased and will not be refunded.
If you edit your profile and submit it for approval
and if we do not approve the new posting, it is
your obligation to change the profile back to an
acceptable version. We will not refund any money
for time that advertisements are in suspense for
approval.
11.13 Gift
Certificate Program Massage Therapists
that live in the following countries may
participate in the gift certificate program:
Australia, Austria, Belgium, Canada, France,
Germany, Italy, Mexico, Netherlands, New Zealand,
Spain, Switzerland, and the United Kingdom, and
United States of America. Massage Therapists earn
$50 for every sixty minute massage that they
perform. While this may sound like a low price, it
is often much more than a therapist receives
elsewhere. Our goal is to increase the volume of
business for therapists and make them more money
than they are presently. This program is completely
optional and not a requirement to advertise on the
website.
11.14 Gift Certificate
Redemption Providers that voluntarily
choose to participate in the gift certificate
program agree to the following rules. These rules
are necessary to protect the integrity of the
program and prevent fraud.
- Enter gift certificate numbers and redeem
gift certificates on the Site by 12:01 am,
California, United States between the first and
fifteenth of the month, and the sixteenth and the
last day of the month.
- Payments will be made for two time periods
during the month: (1) first through the fifteenth
of the month and (2) 16th through the last day of
the month.
- Payment will be submitted to the bank within
5 days of the close of the two periods mentioned
above and will arrive in your account depending
on our bank and your bank guidelines. We aspire
to transmit the money to you as quickly as
possible.
11.15 Referral
Program Credit is not given until
earned. Your referrals must complete payment for
two months before you receive your two months free.
Providers can earn credits for free listing time.
For every one Provider that signs up, uses the
referral code of an established Provider, pays for
two months, the Provider will receive two months
free after the two months have passed. There are at
least two ways for the Provider to communicate this
information to other potential advertisers, email
and printed flyer. Both documents will have the
unique referral code of the Provider. The referral
code is used to give credit to the Provider.
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Gift Certificate
Sales
12.1 Instructions for Gift Certificate
Recipients
- Visit MyMassageTherapists.com and choose a
therapist in your area that accepts gift
certificates.
- Make an appointment. See notices on fraud
below.
- Receive, relax, and enjoy your
massage.
12.2 Fraud
Prevention & Gift Certificate Redemption
Instructions
To ensure that the recipient receives a massage
from the intended therapist, recipient
should not provide gift certificate ID to
therapist until they are certain he or she is
going to attend the appointment. Once the gift
certificate ID is provided to the therapist, the
therapist will redeem the gift certificate. If
the service is not completed the therapist is
responsible for returning $50 to the gift
certificate holder. MyMassageTherapists.com is in
no way liable to the purchaser or recipient for
the massage fee. The processing fee is
non-refundable to any party.
To ensure that the massage therapist
receives a valid gift certificate, gift
certificate holder must provide the Gift
Certificate ID prior to the massage appointment.
Massage therapist will redeem the gift
certificate online prior to the session. If the
service is not completed the therapist is
responsible for returning $50 to the gift
certificate holder. MyMassageTherapists.com is in
no way liable to the purchaser or recipient for
the massage fee. The processing fee is
non-refundable to any party.
12.3 Refund Policy
Subject to
local laws, there are no refunds for gift
certificates or processing fees. It is the
responsibility of the purchaser and the recipient
to protect the certificate number to prevent
unauthorized use of the gift certificate.
If a client is unhappy with a service, it is
the responsibility of the Massage Therapist to
return the money to the client. As, according to
the Gift Certificate redemption rules, the
Massage Therapist has already redeemed the
certificate, the therapist will already be paid
for the service. It is your responsibility to
obtain the refund from the Provider.
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Passwords
All users of the site are obligated to keep
login name and password confidential. Users shall
notify Serenity Online Media, Inc. immediately upon
learning of any unauthorized use of its user name
or password. Users shall be solely responsible for
(i) updating its passwords for access to the
Services periodically, and (ii) creating passwords
that reasonably "strong" under the circumstances,
both in accordance with Serenity Online Media,
Inc.'s requirements. A
"strong" password is at least six characters long,
does not contain all or part of the users account
name, and contains at least three of the four
following categories of characters: uppercase
characters, lowercase characters, base 10 digits,
and symbols found on the keyboard such as !, @, #).
Strong passwords should be generated in such a way
that knowledge of one does not lead to knowledge of
another.
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Privacy
Please see our Privacy Policy posted on the
Site. Our Privacy Policy is incorporated by
reference herein.
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Content Linked to
the Site
Links to other sites we think may be of interest
to you are provided for your convenience. By
providing these links, we are not endorsing,
sponsoring or recommending such sites or the
materials disseminated by or services provided by
them, and are not responsible for the materials,
services or other situations at or related to or
from any other site.
Please exercise discretion while browsing the
Internet and using the Site. You should be aware
that when you are using the Site, you could be
directed to other sites that are beyond our
control. There are links to other sites from the
Site pages that take you outside of the Site. For
example, if you "click" on a banner advertisement
or a search result, the "click" may take you off
the Site. This includes links from advertisers,
sponsors, and content partners that may use our
logo(s) as part of a co-branding agreement. These
other sites may send their own cookies to users,
collect data, solicit personal information, or
contain information that you may find inappropriate
or offensive. In addition, advertisers on the Site
may send cookies to users that we do not
control.
We reserve the right to disable links from any
third party sites to the Site.
We make no representations concerning the
content of sites listed in any of the Site's
directories. Consequently, we cannot be held
responsible for the accuracy, relevancy, copyright
compliance, legality or decency of material
contained in sites listed in any search results or
otherwise linked to a Site.
Please keep in mind that whenever you give out
information online, that information can be
collected and used by people you don't know. We
cannot guarantee the security of any information
you disclose online; you make such disclosures at
your own risk.
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Disclaimers
SERENITY ONLINE MEDIA, INC. DOES NOT ENDORSE AND
IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE
SITE.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN
RISK. THE CONTENT, SERVICES AND MATERIALS IN THE
SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE"
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO
NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY,
USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT
OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT.
TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN,
ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY,
CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY
OR ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE
SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED
IN THE SITE WILL BE CONTINUOUSLY AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE, SERVICES, CONTENT,
MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH
SERVICES, CONTENT AND MATERIALSAVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE
ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SERVICES, CONTENT, MATERIALS,
FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. In the event we are held liable for
any damages related to such matters, your sole and
exclusive remedy will be limited to reimbursement
for services or products paid by you to the entity
held liable which were not provided by such entity.
You hereby waive any and all rights to bring any
claim or action related to such matters in any
forum beyond one (1) year after the first
occurrence of the kind of act, event, condition or
omission upon which the claim or action is
based.
We explicitly disclaim any responsibility for
the accuracy, content, or availability of
information found on sites that link to or from the
Site. We cannot ensure that you will be satisfied
with any products or services that you purchase
from the Site or from a third-party site that links
to or from the Site or third party content on the
Site. We do not endorse any of the merchandise, nor
have we taken any steps to confirm the accuracy or
reliability of, any of the information contained in
such third-party sites or content. We do not make
any representations or warranties as to the
security of any information (including, without
limitation, credit card and other personal
information) you might be requested to give any
third party, and you hereby irrevocably waive any
claim against the Indemnified Parties with respect
to such sites and third party content. We
strongly encourage you to make whatever
investigation you feel necessary or appropriate
before proceeding with any online or offline
transaction with any of these third
parties.
The Indemnified Parties are not responsible for
telephone, electric, electronic, network, Internet,
computer, hardware or software program
malfunctions, failures, delays or difficulties, or
late, lost, stolen, illegible, incomplete, garbled,
misdirected, mutilated or postage due mail, e-mail,
form postings, connections, messages or entries, or
the security of any and all such matters.
The Site may contain technical inaccuracies or
typographical errors or omissions. Serenity Online
Media, Inc. is not responsible for any
typographical, photographic, technical or pricing
(including without limitation mistaken rates)
errors listed on our Site. Serenity Online Media,
Inc. reserves the right to make changes,
corrections and/or improvements to the Site, and to
the products or services and programs described in
such information, at any time without notice.
We reserve the right to cancel or modify
transactions where it appears that a user has
engaged in fraudulent or inappropriate activity or
under other circumstances where it appears that the
transactions contain or resulted from a mistake or
error.
- Indemnification
You are entirely responsible for maintaining the
confidentiality of your password and account and for
all activities that occur under your account. You
hereby indemnify, defend and hold us and our
advertisers and each of our and their owners,
partners, subsidiaries, affiliates, franchisees and
each of such person's or entities' officers,
directors, agents, contractors, subcontractors,
guests, residents, visitors, licensees, invitees,
permitees and employees (collectively, the
"Indemnified Parties") harmless from and against any
and all allegations, demands, claims, liabilities,
damages, fines, penalties or costs of whatsoever
nature (including reasonable attorneys' fees) and
whether by reason of death of or injury to any person
or loss of or damage to any property or otherwise
("Claims") arising out of or in any way connected
with this Agreement, the services or products
provided to you through the Site or any related act
or failure to act by you and whether or not
occasioned or contributed to by the negligence of
Serenity Online Media, Inc. or any agent or employee
of the Indemnified Parties or any of them (except as
and to the extent prohibited by applicable law) or
Claims arising from your account, including, without
limitation, any Claims related to infringement by you
of the intellectual property rights of any person,
including without limitation, copyright, patent,
trade secret, trade mark, artist rights, droit moral,
privacy, publicity or rights under other intellectual
property laws. In the event that any Claim is made or
any action or proceeding is brought against the
Indemnified Parties, or any of them, arising out of
or connected with this Agreement, any such
Indemnified Party may, by reasonable notice to you,
require you, at your expense, to resist such Claim or
take over the defense of any such action or
proceeding and employ counsel for such purpose, such
counsel to be subject to the prior written approval
of such Indemnified Party, which approval shall be
deemed to have been given hereby in the case of
counsel acting for your insurance underwriters
engaged in such resistance or defense. You shall
cooperate with us in the defense of any Claim. We
reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you.
- Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR
ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR
ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO
ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR
THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS
OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER
OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY
TO UPDATE THE SITE OR THE CONTENTS THEREOF.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE
PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER
OFFERED IN CONNECTION THEREWITH OR ASSOCIATED
THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND
EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE
SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH
THE TERMS HEREOF.
-
Release
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND
AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED,
DISCHARGED AND HELD HARMLESS FROM AND ARE NOT
RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH
RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING
WITHOUT LIMITATION, ANY ILLNESS, LOSSES,
LITIGATION, PERSONAL INJURY, DEATH, PROPERTY
DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS,
DEFAMATION, OR INVASION OF PRIVACY, REASONABLE
ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR
FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION,
USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES
OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM.
WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT
LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE
AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS
TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK
ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION
ATTORNEYS' FEES, RELATED TO FRAUDULENT OR ILLEGAL
ACTIVITY CONNECTED WITH THE USE OF THE SITE.
Because we are not involved in the actual
transaction between buyers and suppliers, if
applicable, in the event that you have a dispute
with one or more users, you also on behalf of
yourself, your predecessors, if applicable, and
each of their present and former officers,
employees, directors, shareholders, parents,
subsidiaries, alter egos, affiliates, partners,
agents, attorneys, accountants, heirs, executors,
administrators, conservators, successors and
assigns, as applicable, hereby fully and forever
releases and discharges the Indemnified Parties,
from any and all claims, demands, liens, actions,
agreements, suits, causes of action, obligations,
controversies, debts, costs, attorneys' fees,
expenses, damages, judgments, orders and
liabilities of whatever kind or nature in law,
equity or otherwise, whether now known or suspected
which have existed or may have existed, or which do
exist or which hereafter can, shall or may exist,
based on any facts, events or omissions occurring
from any time on or prior to the execution of this
Agreement which arise out of, concern, pertain or
relate in any way to this Agreement or the Site.
You also acknowledge that there is a possibility
that subsequent to the execution of this Agreement,
you will discover facts or incur or suffer claims
which were unknown or unsuspected at the time this
Agreement was executed, and which if known by it at
that time may have materially affected its decision
to execute this Agreement. You acknowledge and
agree that by reason of this Agreement, and the
release contained in this section of this
Agreement, you are assuming any risk of such
unknown facts and such unknown and unsuspected
claims. You have been advised of the existence of
Section 1542 of the California Civil Code ("Section
1542"), which provides:
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.
Notwithstanding such provisions, this release
shall constitute a full release in accordance with
its terms. You knowingly and voluntarily waive the
provisions of Section 1542, as well as any other
statute, law or rule of similar effect. In
connection with such waiver and relinquishment, you
acknowledge that you are aware that you may
hereafter discover claims presently unknown or
unsuspected, or facts in addition to or different
from those which you now know or believe to be
true, with respect to the matters released herein.
Nevertheless, it is your intention, through this
Agreement, and with the advice of counsel, fully
and finally settle and release all such matters,
and all claims relative thereto, which do now
exist, may exist, or have existed between and among
the parties hereto, including the Indemnified
Parties. You hereby acknowledge that you have been
advised by your legal counsel, understand and
acknowledge the significance and consequence of
this release and of this specific waiver of Section
1542 and other such laws.
- Jurisdictional
Issues
The products and/or services described in and
available through the Site may not be available in
your country. We make no representation that the
services or products offered in the Site are
appropriate or available for use in any particular
location. Those who choose to access the Site do so
on their own initiative and are responsible for
compliance with local laws, if and to the extent
local laws are applicable. If use of the Site and/or
viewing or use of any material or content therein or
services offered thereby violates or infringes any
applicable law in your jurisdiction(s), you are not
authorized to view or use the Site and must exit
immediately. Your viewing and/or use of the Site
constitutes your representation that you are
unconditionally and without limitation permitted to
view and use the Site and the Indemnified Parties may
rely upon such representation. The Site is operated
from the United States and it is possible that some
Software from the Site may be subject to United
States export controls. No Software from the Site may
be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country
subject to a U.S. or U.N. embargo or sanction; or
(ii) to anyone on the US Treasury Department's list
of Specially Designated Nationals or anyone subject
to the same or similar restrictions even if not
listed or the US Commerce Department's Table of Deny
Orders. By downloading or using the 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 of the above restricted
lists or subject to such restrictions.
-
No Agency
You and Serenity Online Media, Inc. are
independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or
created by this Agreement.
-
Termination
These terms are effective until terminated by
either party. You may terminate these terms at any
time by discontinuing use of the Site and
destroying all materials obtained from any and all
such sites and all related documentation and all
copies and installations thereof, whether made
under the terms of this Agreement or otherwise.
Your access to the Site may be terminated
immediately without notice from us if in our sole
and absolute discretion. Upon termination, you must
cease use of the Site and destroy all materials
obtained from such site and all copies thereof,
whether made under the terms of this Agreement or
otherwise. Notwithstanding the termination of this
Agreement, you acknowledge and agree that those
rights and obligations which by their nature are
intended to survive the termination of this
Agreement in order to be fully operative, shall
survive the termination of this Agreement.
-
General
Provisions
If any provision of this Agreement shall be
unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from
this Agreement and shall not affect the validity
and enforceability of any remaining provisions.
This is the entire agreement between us relating to
the subject matter herein and shall not be modified
except as otherwise set forth herein. No waiver of
any term, provision or condition of this Agreement,
whether by conduct or otherwise, in any one or more
instances, shall be deemed to be, or shall
constitute, a waiver of any other term, provision
or condition hereof, whether or not similar, nor
shall any waiver constitute a continuing waiver of
any such term, provision or condition hereof. No
waiver shall be binding unless executed in writing
by the party making the waiver. You agree that you
will execute and deliver to us, in recordable form
if necessary, such further documents, instruments
or agreements, and shall take such further action,
that may be necessary or appropriate to effectuate
the purposes of this Agreement.
This Agreement is governed by and interpreted
under the laws of the state of California, U.S. as
such laws are applied to agreements entered into
and to be performed entirely within California by
California residents and as excludes that body of
law governing conflict of laws.
You acknowledge and agree that, regardless of
any statute or law to the contrary, any claim or
cause of action you may have arising out of, or
relating to, your use of the Service must be filed
within one (1) year after such claim or cause of
action arises, or forever be barred. You further
agree that any controversy or claim arising out of
or relating to this Agreement or the provision of
Services, excluding legal action taken by Serenity
Online Media, Inc. to collect its fees and/or
recover damages for, or obtain an injunction
relating to, the Web site, the Service and
intellectual property, shall be settled by binding
arbitration in accordance with the commercial
arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or
controversy of any other party. The arbitration
shall be conducted in Los Angeles County,
California, and judgment on the arbitration award
may be entered in any court having jurisdiction
thereof. Either you or Serenity Online Media, Inc.
may seek any interim or preliminary relief from a
court of competent jurisdiction in Los Angeles
County, California necessary to protect the rights
or property of you or Serenity Online Media, Inc.
pending the completion of arbitration.
Additionally, pursuant to the provisions of
California Civil Code §
1789.3, California consumers with commercial (paid)
service contracts may seek assistance in reporting
and resolving complaints from the Complaint
Assistance Unit of the Division of Consumer
Services of the California Department of Consumer
Affairs in writing at 1020 N. Street, #501,
Sacramento, CA 95814, or by telephone at
1-916-445-1254.
-
Digital Signature
Provisions
You represent and warrant that you have the
legal right, power and authority to agree to the
terms of this Agreement on behalf of yourself and
the member, buyer or supplier participating in the
Site. You further agree that your use constitutes
an electronic signature as defined by the
Electronic Signatures in Global and National
Commerce Act ("E-Sign") and the Uniform Electronic
Transactions Act ("UETA") and that you have formed,
executed, entered into, accepted the terms of and
otherwise authenticated this Agreement and
acknowledged and agreed that this Agreement is an
electronic record for purposes of E-Sign, UETA and
the Uniform Computer Information Transactions Act
and as such is completely valid, has legal effect,
is enforceable, and is binding on, and
non-refutable by you and the member, buyer or
supplier on whose behalf you are acting.
-
Notice and
Procedure for Making Claims of Copyright
Infringement
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed
copyright infringement should be sent to our
Designated Agent. Notification must be submitted to
the following Designated Agent:
Service Provider(s): Serenity Online Media,
Inc.
Name of Agent Designated to Receive Notification
of Claimed Infringement: Serenity Online Media,
Inc.
Full Address of Designated Agent to Which
Notification Should be Sent: P.O. Box 15103,
Beverly Hills, CA 90209
Telephone Number of Designated Agent: +1 (310)
694-3668
Email Address of Designated Agent: Info@MyMassageTherapists.com
To be effective, under Title 17, United States
Code, Section 512(c)(3), the notification must be a
written communication that includes the
following:
- A physical or electronic signature of person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- Identification of the copyrighted work
claimed to have been infringed, or if multiple
copyrighted works at a single online site are
covered by a single notification, a
representative list of such works at that
site;
- Identification of the material that is
claimed to be infringing or to be the subject of
infringing activity and that is to be removed or
access to which is to be disabled, and
information reasonably sufficient to permit the
service provider to locate the material;
- Information reasonably sufficient to permit
the service provider to contact the complaining
party, such as an address, telephone number, and
if available, an electronic mail address at which
the complaining party may be contacted;
- A statement that the complaining party has a
good faith belief that use of the material in the
manner complained of is not authorized by the
copyright owner, its agent, or the law; and
A statement that the information in the
notification is accurate, and under penalty of
perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive
right that is allegedly infringed.
-
Legal Compliance
You shall comply with all applicable domestic
and international laws, statutes, ordinances and
regulations regarding your use of the Service / Web
site and your offer, advertisement, listing,
purchase, solicitation of offers, and/or sale of
items and/or services.
-
Miscellaneous
Terms
27.1 Severability This Agreement,
accepted upon use of the Web site and further
affirmed by using the Service, contains the entire
agreement between you and Serenity Online Media,
Inc. regarding the use of the Web site and/or the
Service. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall
continue in full force and effect. You agree that
this Agreement and all incorporated agreements may
be automatically assigned by Serenity Online Media,
Inc., in our sole discretion, to a third party in
the event of a merger or acquisition. Headings are
for reference purposes only and in no way define,
limit, construe or describe the scope or extent of
such section. Prices quoted are in U.S. dollars.
Our failure to act with respect to a breach by you
or others does not waive our right to act with
respect to subsequent or similar breaches.
27.2 Headings
The section headings appearing in the agreement
are inserted only as a matter of convenience and in
no way define, limit, construe or describe the
scope or extent of such section or in any way
affect such section. 27.3 Non-Disparagement;
Publicity
Neither party will disparage the other party or
the other party's trademarks,
web sites, products or services, or display any
such items in a derogatory or negative manner on
any web site or in any public forum or press
release. Unless otherwise stated herein, neither
party shall issue a press release or otherwise
advertise, make a public statement or disclose to
any third party information pertaining to the
relationship arising under this Agreement, the
existence or terms of the Agreement, the underlying
transactions between Serenity Online Media and
Advertiser, or referring to the other party in
relation to the Agreement without the other
party's prior written
approval. 27.4 Notice
Except as otherwise expressly stated in the
Agreement, all notices to Serenity Online Media,
Inc. shall be in writing and delivered, via courier
or certified or registered mail, to Serenity Online
Media, Inc., Attention: Legal Department, P.O. Box
15103, Beverly Hills, CA 90210. All notices to you
shall be delivered to your e-mail address as
provided by you in your account information as
updated by you pursuant to the Agreement. Unless
you choose to opt-out of receiving marketing
notices, you authorize Serenity Online Media, Inc
to notify you as our customer, via commercial
e-mails, telephone calls and other means of
communication, of information that we deem is of
potential interest to you , including without
limitation communications describing upgrades, new
products and services or other information
pertaining to the Services or other Serenity Online
Media, Inc. offerings relating to Internet security
or to enhancing your experience.
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