Terms of Service and Bro Disclaimer

Terms of Service
Privacy Policy
Copyright Policy
Bro Disclaimer


Terms of Service

NOT YOUR AVERAGE BRO
TERMS OF SERVICE

Effective Date:  June 1, 2013.

By accessing the NOTYOURAVERAGEBRO.COM Website or using the Services (defined below), You agree to be bound by these Terms of Service.

  1. Use of Website
    1. These Terms of Service apply to You whether You access this Website through the home page or directly access any page located on the Website maintained by Us, or if You access or use any of the Services available on or through the Website. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time. Any changes to these Terms of Service will be posted on this page.  By using or continuing to use the Services or the Website after the effective date of any such changes, You agree to be bound by the new Terms of Service. If You do not agree to abide by these or any future Terms of Service, do not use the Services or access the Website. It is Your responsibility to regularly review these Terms of Service.
  2. Definitions
    1. “Content” means any text, graphics, designs, images, video, music, data or other electronic files or content displayed or made available on or posted to the Website.
    2. “Facilities” means the Website and the computer system, computer processing equipment, computer network, computer servers and all related computer peripheral equipment which are provided by or used by Not Your Average Bro in connection with the operation of the Website and the Services.  Facilities also include any computer networks, computer systems or services which are provided by any supplier or partner to Not Your Average Bro and which are related to the Website or used in connection with the Services.
    3. “Services” means all of the Services offered by Not Your Average Bro or which can be accessed through the Website or by using the Facilities.  Services include, without limitation, the ability to access and use the Website and/or the Services, or use of any feature available on or through the Website.
    4. “Terms of Service” or “Agreement” refers to these Terms of Service. These Terms of Service include Our Privacy Policies and any other policies, terms or conditions referred to in these Terms of Service or posted on the Website.
    5. “User Content” means all information, data, materials and content prepared by a User and posted to the Website or any portion of the Website.
    6. “We”, “Us” or “Our” refer to Not Your Average Bro, the owners and operators of the Website, Services or Facilities. Not Your Average Bro may also be referred to as the “Company.”
    7. “Website” refers to the internet website located at NOTYOURAVERAGEBRO.COM and any pages accessible through the home page for the Website and any content or materials placed on or available directly from the Website.
    8. “You” or “Your” refers to You, the User of the Website or the User who accesses any material available on the Website or who accesses the Services.  You agree that You shall be liable for any use of the Services, Website or Facilities by You or anyone using Your Username or ID to access the Services or the Website.
  3. Eligibility

    1. The Website is open to all Users who have a legitimate interest in the use of the Website or the Services.  In order to subscribe to the Services, You must be over eighteen (18) years of age.  The Website is open to Users located in the United States only.
    2. We reserve the right to limit, restrict or deny access to the Website, Services or Facilities to any User at any time for any reason.  Without limiting the generality of the foregoing, We may prohibit You or anyone from accessing or using the Website if: (1) You or they violate this Agreement; (2) In Our reasonable opinion, Your use of the Website, Services or Facilities poses a risk to any other User of the Website, Services or Facilities or  exposes Us to any legal risk, or poses harm or a reasonable threat of harm to the Facilities or any other computer system used by the Website, accessed by the Services or to any other User of the Website or Services; or (3) is contrary to law.
  4. Limitation on Use of the Website
    1. You agree to comply with the following restrictions governing Your use of the Website.
      1. You may use the Services, Website and Facilities only for Your personal use.  The Website and the Services may not be used for commercial purposes.
      2. You will not use the Website, Services or Facilities for any illegal activity.
      3. You will not use the Website, Services or Facilities for purposes of harassing any third party or for publishing or distributing any libelous, slanderous or defamatory materials or any obscene, scandalous or indecent materials.
      4. You represent, warrant and agree that none of the User Content submitted by You or through Your account will violate or infringe upon the rights of any third party, including patent, copyright, trademark, privacy, publicity or other personal or proprietary rights.
      5. You agree not to use automated scripts to collect information from the Service or the Website.
    2. You further agree that You may not use the Website, Services or Facilities in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website, Services or Facilities.
    3. You will not post any viruses or other computer code to the Website, Services or Facilities which is designed to harm or damage the Facilities or any computer system or which is designed to interrupt or interfere with the proper functioning of the Services or any computer system, or which is designed to damage or destroy any data contained on any computer system or which interfere with the orderly use of the Services.
    4. You represent and warrant to Us that You have the right and authorization necessary to post any User Content You provide to Us for use in connection with the Services. You further represent and warrant that all data posted to the Services is posted in compliance with these Terms of Service.  You further represent and warrant that all User Content is true and accurate and fairly reflects the matters stated in the User Content.
  5. Proprietary Rights in Content on the Website
      1. All Content on the Website, including, but not limited to design, text, graphics, images, video, music, data or other electronic files, and their selection and arrangement are the property of the Company. The Company owns the copyright in all Content, except for the content supplied by the Company’s affiliates or members, which content is used and posted with permission.  No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.

    © 2013 Not Your Average Bro.  All Rights Reserved.

    1. All trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of the Company or its partners, affiliates or service providers and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
  6. User Content
    1. By using the Website and posting any User Content, You grant Us a perpetual, irrevocable license to use the User Content for any purpose, including using the User Content for advertising and marketing purposes.
    2. By posting User Content to the Website, You represent and warrant that:
      1.  You are the owner of the User Content or have the right to use and post the User Content.
      2.  You have the right to grant Us an unlimited right and license to use the User Content, as provided above.
      3.  The User Content does not violate any rights of any third party, including, without limitation, any copyright, patent, trademark, trade secret rights, any right of privacy or publicity, or any other rights of any third party.
      4.  The User Content is not libelous, slanderous, or defamatory.
      5.  The User Content is not obscene, scandalous or indecent.
      6.  The User Content is not Confidential and the User is not under any legal or contractual obligation to maintain the confidentiality or secrecy of the User Content.
      7.  The User is not using the Website for any illegal purpose.
    3. The User agrees to indemnify and hold Us harmless from any breach of any representation or warranty contained in this section.
    4. All Users understand that all User Content is the expression of opinion or information provided by other Users. We are not responsible for any User Content.
    5. We are not required to monitor any User Content posted on the Website. However, we reserve the right to remove any User Content posted at any time in our sole discretion.
    6. We will provide information to appropriate law enforcement agencies at any time in Our discretion, if We determine, in Our sole discretion, that such disclosure is appropriate or required. We will cooperate with all law enforcement requests for information.
  7. Privacy Policy
    1. Our Privacy Policy is set forth on the following webpage: http://notyouraveragebro.com/terms-of-service/#privacy-policy. Our Privacy Policy is a part of these Terms of Service. By using the Website You agree to be bound by and comply with Our Privacy Policies.
  8. Disclaimers
    1. We are not responsible for any content posted by You or any other User.
    2. We are not responsible for any interruption or unavailability of the Services.  You understand that these services are Internet based and that We cannot guarantee continued access to or availability of the Internet or the Internet based services.  We are not responsible for the loss of any data posted to the Website or the Facilities by You.
    3. TO THE EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE.  IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR ANY CLAIMS EXCEED THE AMOUNT PAID BY THE USER.
    4. Not Your Average Bro hereby disclaims any and all liability arising out of or related to your use of this website or any services offered on the website.
    5. The User assumes any and all risk from it use of the website.
    6. Not Your Average Bro does not verify the information posted on this website.  Not Your Average Bro makes no representations or warranties regarding the information posted by any User on this website.
    7. Online dating contains certain inherent risks. By contacting any person who posts any information posted on this website, the User assumes any risks associated with such conduct. These risks include, among others, the possibility of death, physical injury or financial harm caused by meeting any person through communications or information provided on this website. By using this website you accept all these risks.
  9. Links to Other Websites
    1. The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on or through the Website or the Service does not imply approval or endorsement of the linked website by Us. If You decide to leave the Website and access these third-party sites, You do so at Your own risk.
  10. Indemnity
    1. You agree to indemnify, defend and hold Not Your Average Bro, and its officers, employees, agents, and representatives harmless from any and all claims, demands, actions, causes of action, demands, liabilities, judgments and damages, including reasonable attorneys’ fees, arising out of or related to Your use of the Website or Services or any violation of these Terms of Service.
  11. Additional Terms:
    1. These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by Us on the Website, constitute the entire agreement between You and Us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms of Use in any instance shall not prevent Us from enforcing such rights on any other occasion. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
    2. In any legal action, the prevailing party shall recover their court costs and reasonable attorneys’ fees.

Not Your Average Bro
notyouraverageladybro@gmail.com
Rev. IMS 6/4/2013 2:26 PM

 

NOT YOUR AVERAGE BRO
PRIVACY POLICIES

Information Collected

Not Your Average Bro collects stores and uses personal information voluntarily supplied by You in connection with Your use of the Website or Services. You are not required to disclose any personal information to Us.

We may request that You voluntarily provide Us with certain User information. Supplying this information is voluntary. This information, if provided, will enable Us to provide information to You concerning our activities or other information of interest to our Users. We may, in Our discretion, provide a listing of our members to our affiliates, partners, suppliers or other companies with whom we work. You may have Your contact information removed from the Website or from Our mailing lists at any time by providing Us with a written or electronic request to be removed.

Use of this Website is limited to persons over 18 years of age.

Notwithstanding the foregoing, the Company will provide information about You or Your activities when We are legally required to provide such information.  In addition, We may provide information about You to at any time to any law enforcement agency if We determine it is necessary or appropriate to do so.

Ways Information Is Collected

We may collect any or all of the following three types of information:

Website data, cookies or contact information or other personally identifiable information. Explanations of the collection and use of each type of data and its use are described below.

(a) Website Data. Data about Website usage is not personally identifiable and is not supplemented or combined with personally identifying or identifiable information. We may share the information We collect with certain selected third parties, but only in aggregated, anonymous form. The data is generally used for completion and support of the current activity, Website Services and system administration, and research and development.

(b) Cookies. We may assign cookies to You when You use the Services. These enable You to more efficiently or effectively navigate the Website and use the Services. Cookies also facilitate use of the Website and Services.

(c) Contact and Account Information. We collect Your name, address, email address, telephone number, and other contact information only when You submit such information. This information is used for administrative purposes.  This information is also used and displayed, when You post Content to the Website or when You expressly allow Us to post the information.

Email addresses and other personally identifiable information may also be used, when You provide such information, in order to allow Us to update You on the programs and Services offered by Not Your Average Bro.  We may also provide Your name, contact information and email address to Our affiliates, partners, suppliers, sponsors, advertisers, and other third parties with whom We work.  You can request that We withdraw Your information at any time.

We will also provide information to law enforcement when we determine, in our sole discretion that such disclosure is warranted. In addition, we will comply with all law enforcement requests for information.

IN NO EVENT WILL NOT YOUR AVERAGE BRO , OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Information Access

We offer Our Users the ability to have inaccuracies corrected in the information collected through Our Website. Persons may have this information corrected by contacting Us using any of the contact methods provided.

Not Your Average Bro
[INSERT CONTACT INFORMATON] notyouraverageladybro.com

Rev. IMS 6/4/2013 2:27 PM

NOT YOUR AVERAGE BRO
COPYRIGHT POLICY

We respect the intellectual property rights of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at:

notyouraverageladybro@gmail.com

and provide Us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Website; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Or contact us at:

Becca Hirsch
Not Your Average Bro
notyouraverageladybro@gmail.com

Rev. IMS 6/4/2013 2:27 PM

NOT YOUR AVERAGE BRO
BRO DISCLAIMER

Website Disclaimer

Not Your Average Bro hereby disclaims any and all liability arising out of or related to your use of this website or any services offered on the website.

The user assumes any and all risk from it use of the website.

Not Your Average Bro does not verify the information posted on this website.  Not Your Average Bro makes no representations or warranties regarding the information posted by any user on this website.

Online dating contains certain inherent risks. By contacting any person who posts any information posted on this website, the user assumes any risks associated with such conduct. These risks include, among others, the possibility of death, physical injury or financial harm caused by meeting any person through communications or information provided on this website. By using this website you accept all these risks.

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