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In addition to the rights, licenses and privileges granted above, you agree that Manroulette may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, presentations, customer lists, website materials, and other media now known or later developed in connection with the marketing, advertising and promotion of Manroulette and the Services.
Manroulette Tokens and Virtual Goods. Manroulette Tokens. The Services may include games which utilize tokens called "Manroulette Tokens.
Only Manroulette can sell Manroulette Tokens. When you purchase Manroulette Tokens from Manroulette, you are purchasing a limited license to use virtual property owned by Manroulette at a price set by Manroulette and subject to change without notice to you.
More specifically, when you purchase Manroulette Tokens, Manroulette grants you a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Manroulette Tokens in conjunction with the Services, subject to the terms of this Agreement.
Virtual Goods. The Services may also include virtual items "Virtual Goods" that you may purchase or otherwise acquire from Manroulette in exchange for Manroulette Tokens.
Virtual Goods can be traded and exchanged as provided by the functionality of the Services. However, only Manroulette can sell Virtual Goods.
When you purchase Virtual Goods from Manroulette, or otherwise acquire them from Manroulette using Manroulette Tokens, you are acquiring a limited license to use virtual property owned by Manroulette at a price set by Manroulette and subject to change without notice to you.
More specifically, when you acquire Virtual Goods from Manroulette, Manroulette grants you a limited, personal, revocable, transferable, non-sublicenseable license to use the Virtual Goods in conjunction with the Services, subject to the terms of this Agreement.
Other than the rights granted in Sections 12 a and 12 b above, you have no right or title in or to the Manroulette Tokens you purchase or Virtual Goods you acquire.
User Ads. User Ads provide a way to promote your show or event to the Manroulette audience through the use of an overlay ad semi-transparent banner ad.
User Ads appear during the course of a live video broadcast on Manroulette excluding Manroulette Shuffle and Manroulette Groups , displaying streaming ad units to the viewer of the video content.
The viewer has the option to click on the ad to visit your Manroulette Profile Page or close the ad. The landing page must be your Manroulette Profile Page.
You must have an Account and be logged in to submit an order for a User Ad. When you submit an order using our Ad Submission Form, you can specify the number of times you want your ad to be seen "Impressions" and the corresponding price per Impression.
You must upload your banner ad, and choose your geographical audience "Geo Target" to submit an order.
Your banner ad must comply with the size limitations as well as our Advertising Guidelines. We will determine the placement, and positioning of your banner.
Your banner will start running immediately upon approval, and will keep running until the total impressions you paid for is reached.
If your ad campaign is time sensitive, your remaining impressions will be saved for future campaigns. When serving your ad, we do our best to deliver your ad to the geographical audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target, and we do not guarantee the activity that your ad will receive, such as the number of clicks you will get.
You must pay for your order in advance. The amount you pay will be determined by how many Impressions you order. You can cancel your order at any by sending an email to ads manroulette.
You are responsible for paying for the prorated portion of Impressions served. In the event you wish a refund, send your request to ads manroulette.
We may reject or remove any User Ad for any reason, in our sole discretion. Manroulette Trademarks. Manroulette trademarks, logos, images, service marks, trade names and other distinctive branding features affixed or contained within the Services "Manroulette Marks" are the trademarks of Manroulette and may not be used without permission.
Unless otherwise provided for in writing, Manroulette does not grant you a license under any intellectual property rights to the Manroulette Marks.
Other trademarks, logos and trade names that may appear on or within the Services are the property of the respective owners.
You agree that you shall not remove, obscure, or alter Manroulette Marks including copyright and trademark notices which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Manroulette, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Content Restrictions. You are solely responsible for all Content posted, uploaded, streamed, or otherwise distributed under your account, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the instant message service and internal email service.
Otherwise violates any applicable local, state, national or foreign law or regulation. Prohibited Uses of the Services. You may not use the Services in any manner not permitted by these Terms of Service, or for activities that violate any law, statute, ordinance or regulation.
Encourage or instruct any other individual to do any of the foregoing. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft, navigation or communication systems, air traffic control, and life support or weapons systems, and such use is strictly prohibited.
Compliance with Intellectual Property Laws. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
When using the Services, you agree a to obey the law and to respect the intellectual property rights of others; b not to upload, download, display, perform, transmit, or otherwise distribute any material in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights; and c to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any material you provide or transmit, or that is provided or transmitted using your user name.
The burden of proving that any material does not violate any laws or third party rights rests solely with you.
Alleged Violations of the Terms of Service. To ensure that Manroulette provides a high quality experience for you and for other users of the Services, you agree that Manroulette may access your account s and records, and monitor your activities on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services.
No Duty to Monitor Content. Manroulette, in its sole discretion shall have the right but not the duty to monitor the Content posted on or through the Services including, without limitation, the content of any communication that occurs on or through the instant message service and the internal email service, whether or not Manroulette is the intended recipient of the message or email.
Manroulette reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but Manroulette is not responsible for any failure or delay in removing such content.
Reporting Certain Abuse to Law Enforcement. The Services are intended for use by a mature adult audience of 18 years of age or older.
Since this Manroulette is a free gay chat site, users may encouner content suitable for mature audiences. Child Pornography.
Manroulette reports to the National Center for Missing and Exploited Children , the facts and circumstances relating to sexually explicit material and other criminal offenses involving children under the age of 18 which appears on the Services.
This includes, but is not limited to, the posting of sexually explicit material, including without limitation, photos, videos, and live Webcasts depicting children who appear to be under the age of Other types of abuse.
Other violations of these Terms of Service that may compromise the safety of our members may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.
Parental Control Protections. Manroulette prohibits minors under the age of 18 from registering for the Services. However, it is easy for children to lie about their age and thus gain access to material which may be inappropriate and unintended for them.
It is up to parents to properly supervise their children's on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children's on-line activities such as computer hardware, software, and filtering services which can be used to block a child's access to on-line services such as those offered by Manroulette.
You can find tools that will assist you in supervising your children's on-line activities by clicking here. Disclaimer Related to Transactions Between Users.
Manroulette disclaims any responsibility for or liability related to such transactions, And any questions, complaints or claims related to a transaction with another user of the services should be directed to the appropriate user.
Disclaimer Related to User Material. You will not hold Manroulette responsible for other users' Material, actions or inactions.
You acknowledge that Manroulette is an interactive online service provider, providing the Services to its users for the purpose of communicating with other users and publishing user Material.
Manroulette has no control over user Material and does not guaranty the quality, safety or legality of user Material advertised, or the truth or accuracy of user Material.
Responsibility for Resolving User Disputes. You are solely responsible for resolving any disputes between you and other users of the services including without limitation, disputes concerning transactions with other users.
Manroulette reserves the right, but has no obligation to monitor or resolve disputes between users of the services.
The Services may provide links redirecting you to the websites of third-party merchants, and other third-parties.
These links are provided solely as a convenience to you, and do not constitute an endorsement by Manroulette of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals.
Manroulette is not responsible for examining or evaluating, and does not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites.
Manroulette, its parent company, and their affiliates, officers, employees, agents, partners and licensors, from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party with respect to any transaction s you are involved in with other users of the services; due to or arising from your access to, use of, or inability to use the services, your violation of these terms of service, your breach of any of the representations and warranties herein; or the infringement by you or any other user of your account of any intellectual property or other right of any person or entity.
Dispute Resolution and Governing Law. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement and the transactions contemplated by this Agreement "Dispute" , you and Manroulette agree to first attempt to negotiate any Dispute except those Disputes expressly provided below informally for at least thirty 30 days before initiating any arbitration or court proceeding.
Such informal negotiations commence upon written email notice from one person to the other. Binding Arbitration.
If you and Manroulette are unable to resolve a Dispute through informal negotiations, either you or Manroulette may elect to have the Dispute except those Disputes expressly excluded below finally and exclusively resolved by binding arbitration.
Any election to arbitrate by one party shall be final and binding on the other. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.
If such costs are determined by the arbitrator to be excessive, Manroulette will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Manroulette may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and Manroulette agree that any arbitration shall be limited to the Dispute between Manroulette and you individually. To the full extent permitted by law, i no arbitration shall be joined with any other; ii there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and iii there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Manroulette agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: i any Disputes seeking to enforce or protect, or concerning the validity of any of your or Manroulette's intellectual property rights; ii any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and iii any claim for injunctive relief.
If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you.
Any Dispute not subject to arbitration other than claims proceeding in any small claims court , or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Hillsborough, State of Florida, United States of America, and you and Manroulette agree to submit to the personal jurisdiction of that court.
Forum Non Conveniens. With regard to any Dispute not subject to arbitration, or where no election to arbitrate has been made, You and Manroulette waive, to the fullest extent permitted by law, i any objection had now or later, to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court of the State of Florida sitting in Tampa, or the United States District Court for the Second District of Florida, and i any claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
Governing Law. The services are controlled and operated by Manroulette from its offices in the United States of America, State of Florida.
Manroulette makes no representation that the services are available or appropriate for use in other locations. Your use of or access to the services should not be construed as Manroulette purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Florida.
Except as expressly provided otherwise, the Laws of the United States of America and the law of the State of Florida, without giving effect to its conflicts of law principals govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates, including, without limitation its validity, interpretation, construction, performance, and enforcement.
Those who choose to access the Services from locations outside of the United States, do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.
You and Manroulette agree that if any portion of Section 29 is found illegal or unenforceable except any portion of Section 29 d , that portion shall be severed and the remainder of the Section shall be given full force and effect.