Rate
A Rod ("RateARod.com") is free service that allows men to find out
how people rate their penis on a scale of one to ten. Rate A Rod is owned and
operated by Abstract Random Productions.
You
must agree to abide by the RateARod.com Terms of Use before creating an account.
By checking the "Aggree To Terms" box on the account
signup form, you are accepting these Terms. You may review these Terms
at any time by clicking on the Terms link in the bottom navigation bar.
TERMS
OF USE
1. Use of RateARod.com is available only to individuals who can form legally
binding contracts under applicable law. This excludes in all cases minors
(persons who have not reached their eighteenth birthday).
2.
RateARod.com reserves the right to modify the Terms of Use at any time and
without prior notice to its Users. We may add to, change, delete or terminate
your account at any time. The service may be temporarily unavailable from time
to time for maintenance or other reasons.
3.
RateARod.com can not and does not control the behavior of the participants on
this site. RateARod.com does not assume responsibility for the content or
context of the user areas, and will not edit or remove postings to the public
comments areas, except in our sole discretion.
4.
If there is a dispute between participants on this site, RateARod.com is under
no obligation to become involved. In the event that You have a dispute with one
or more Users, You hereby release, RateARod.com, their officers, employees,
agents and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our service. If You are a California resident, You waive
California Civil Code Section 1542, which says "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor."
5.
The RateARod.com service may be used only for lawful purposes. Transmission,
distribution or storage of material or conduct in violation of any applicable
local, state, federal or foreign law or regulation is prohibited. This includes
without limitation any unauthorized use of material protected by patent,
copyright, trademark or other intellectual property right, material that is
obscene, defamatory or libelous, constitutes an illegal threat, or violates
rights of privacy or publicity, or violates export control laws. You may use
the information on our site only to the extent necessary to facilitate
RateARod.com related transactions.
6.
RateARod.com prohibits the transmission, distribution or posting of any matter
which discloses personal or private information concerning any person or
entity, including without limitation phone number(s) or addresses, credit debit
cards, calling card, User account numbers/ passwords or similar financial
information, and home phone numbers or addresses. Even though all of this is
strictly prohibited, there is a small chance that You might become exposed to
such items and You further waive Your right to any damages (from any party)
related to such exposure.
7.
All forms of SPAM, and all activities that have the effect of facilitating
SPAM, are strictly prohibited. This includes using various methods to manipulate
ratings on this site through repeated voting. This also includes repeated
posting of the same message to this sites message boards. RateARod.com also
prohibits the use of another Internet service to send or post SPAM to drive
visitors to Your site hosted on or through RateARod.com systems, whether or
not the messages were originated by You, under Your direction, or by or under
the direction of a related or unrelated third party.
8. If RateARod.com, in its sole discretion, determines that a violation of the
Terms of Use has occurred, RateARod.com may pursue any of its legal remedies,
including but not limited to the immediate deletion of any offending material
from its site, cancellation of Your account without refund and /or the
exclusion of any person(s) who may have violated any Terms of Use. RateARod.com
could also pursue violators with claims that they have violated various
criminal and/or civil laws as applied by the relevant jurisdiction.
RateARod.com will cooperate with any investigation by any Federal, State, or
local body or any court or tribunal legitimately exercising it's rights. Such
cooperation may be without notice to You. If RateARod.com believes in its sole
discretion that any account may create liability for RateARod.com, RateARod.com
may take any actions that it believes are prudent or necessary to minimize or
eliminate its potential liability, including but not limited to, the release of
User information. In sum, RateARod.com reserves the right to refuse service to
anyone at any time, and to remove any listings or any advertisements for any
reason, and without notice.
9.
Member Disputes. You are solely responsible for your interactions with other
RateARod.com Members. Abstract Random Productions reserves the right, but has no
obligation, to monitor disputes between you and other Members.
10.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS
AVAILABLE" BASIS. RateARod.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
11.
RateARod.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS,
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
RateARod.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
FROM THE SERVICE.
12.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS
OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION
AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING
FROM ANY TRANSACTION.
13.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM RateARod.com
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
14.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER Abstract Random Productions
NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING
TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF RateARod.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT RateARod.com SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION
OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION
OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT. USER AGREES THAT RateARod.com SHALL NOT BE RESPONSIBLE OR LIABLE
TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE
SERVICE. In sum, in no event shall Abstract Random Productions' total liability
to You for all damages, losses, and causes of action exceed the amount paid
by You to Abstract Random Productions, if any, that is related to the cause
of action.
15.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES
OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
16. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable
(through multiple tiers) right to exercise all copyright and publicity rights,
in any existing or future media, known or unknown, over the material or User
Data displayed in Your listings. For the purpose of this Agreement, "User
Data" shall mean all information (if any) submitted by You, (the "User")
to RateARod.com with the exception of trading data, credit card numbers, checking
account numbers, etc. "Individually Identifiable User Data" shall
mean that subset of "User Data" which can be reasonably used to
identify a specific individual such as their name, address, phone number,
etc. The User Data shall be deemed to be the property of RateARod.com. You
shall take all reasonable efforts to ensure that it is accurate and complete
and not misleading in any way.
17.
No Resale or Unauthorized Commercial Use. You agree not to resell or assign
Your rights or obligations under these Terms of Use. You also agree not to
make any unauthorized commercial use of the Service.
18.
Others' Information. You agree not to make use of anyone else's Information
other than as necessary to complete any RateARod.com transactions in which
You are involved.
19.
No Agency. There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between RateARod.com and any User of
the Service.
20.
Notice. RateARod.com will ocasionally send you noticed and annoucements via
email. We may also give notice of changes to these Terms of Use or other matters
related to RateARod.com by displaying notices to Users on the Service.
21.
This Agreement is the complete and exclusive agreement between the parties
with respect to the subject matter hereof, superseding any prior agreements
and or communications regarding such subject matter. This Agreement may only
be modified, or any rights under it waived, by a written document executed
by both parties.
22.
These Terms of Use and the relationship between User and RateARod.com shall
be governed by the laws of the State of California without regard to its conflict
of law provisions. User and RateARod.com agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Lane, Oregon.
23.
The failure of RateARod.com to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and
the other provisions of these Terms of Use shall remain in full force and
effect.
24.
User agrees 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
these Terms of Use must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
25.
You may only submit picture of yourself to this service. You may not submit images of anyone other then
yourself.
26.
You agree that you will not use the RateARod.com service to infringe the intellectual
property rights of others in any way.