I. TERMS OF USE
Last updated 6/1/11
A. Legal Contract
Welcome to mentheshow.com. These Terms Of Use apply to all websites operated by
Men The Show (“Men The Show”, “Us”, “Our”, “We”, or the “Company.”), and constitute a
legal agreement between you and Men The Show. For purposes of this agreement the
term “Website” thus refers to this site regardless of whether you accessed it directly
through Men The Show.com or through some other web address.
IMPORTANT! PLEASE READ CAREFULLY.
These Terms Of Use constitute a legal agreement between you and Men The Show
governing your use of this website (the “Website”). YOUR AFFIRMATIVE ACT OF
USING THE WEBSITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS
AND CONDITIONS AS WELL AS THE (i) Men The Show PRIVACY POLICY.
IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE!
B. Changes to the Terms Of Use
We may change these Terms Of Use at any time. You are responsible for checking the
Terms Of Use from time to time. Your continued use of this Website signifies your
acceptance of the most recent Terms Of Use then in effect.
C. Electronic Communications
When you visit our Website or send e-mail to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this Website. You agree that all
notices, disclosures, and other communications that we make electronically satisfy any
legal requirement that such communications be in writing. If you want to withdraw this
consent, you must stop using this Website.
D. Changes To This Website/Right To Terminate
We may change or discontinue this Website or any feature on it at any time with or without
notice. Men The Show may, in its sole discretion, terminate or suspend your access or
refuse service at any time, without notice, to all or part of any of the Websites for any or
no reason, including, without limitation, breach of these Terms Of Use or the infringement
of copyrights owned by third parties.
E. Access And Availability Of Services And Links
The Men The Show Website may contain links to other World Wide Web Internet sites.
Interactions that occur between you and the third party are strictly between you and such
third-party Websites and are not the responsibility of Men The Show. We are not
responsible for examining or evaluating, and do not warrant the offerings of any of these
businesses or individuals or the content of their Web Sites. Men The Show does not
assume any liability or responsibility for the actions, product, availability or content of
these outside resources. You should direct any concerns regarding any external link to
the site administrator or Webmaster of the third party Web Site, and we encourage you to
read those third party Website’s applicable Terms And Conditions and Privacy Policies.
F. Entire Agreement
These Terms Of Use are the entire agreement between you and Men The Show for your
use of the Web Site. Men The Show’s failure to enforce any term shall not waive it. Any
term found invalid or unenforceable by a court shall not affect the validity and
enforceability of other terms.
G. Indemnification
To the extent that you violate any of these Terms Of Use, you agree to indemnify and
hold harmless Men The Show as to the civil and/or criminal consequences of your
actions, including costs and attorney fees where relevant.
H. Choice Of Law; Arbitration
These terms of use shall be governed by the law of Illinois and subject to binding
arbitration by in Chicago, IL, under the rules of the American Arbitration Association,
which shall have exclusive jurisdiction over all claims between you and Men The Show
relating to or arising out of your use of this Website. The arbitrator’s award may be
entered as a judgment in any court of competent jurisdiction. However, nothing in this
mandatory arbitration clause shall limit a party from seeking any equitable relief from a
court of proper jurisdiction in Illinois.
II. YOUR RESPONSIBILITIES
A. Access To This Website Is By License Only
Men The Show grants you to a limited license to access the Website for person use and
enjoyment.
Unless otherwise stated, all materials published on the Website (including, but not limited
to articles, photographs, images, illustrations, product descriptions, audio clips and video
clips) are protected by copyright, trademark and all other applicable intellectual property
laws, and are owned or controlled by Men The Show. See Section V., “Intellectual
Property” below.
Except as indicated on the Website, this license does not permit you to copy, modify, or
distribute any part of the Website. You may not use data-mining, robots, or any other
data-gathering and extraction tools. You may not use webpage frames to enclose any
part of the Website. You may not use any meta-tags or other hidden text that includes
Men The Show’s trademarks or trade name. You may not use the Website for any
unlawful purpose.
You agree that any information, feedback, questions and/or comments (“Submissions”)
that you make to use via this Website may be considered non-proprietary and non-
confidential. We shall have no obligations or any kind with respect to any Submissions
and shall be free to reproduce, use, disclose and/or distribute any Submissions for any
purpose whatsoever, without limitation. You also agree that we shall be free to use any
ideas, concepts or techniques embodied in the Submissions for any purpose
whatsoever, including, but not limited to, developing, manufacturing, and marketing
products or services incorporating such ideas, concepts, or techniques, without
attribution. In addition, you hereby waive all moral rights you may have in any materials
uploaded or sent to us by you.
B. Prohibited Conduct
You may use this Website for lawful purposes only. You may not submit or transmit
through the Website any material or engage in any conduct that:
* Violates or infringes the rights of others, including without limitation, patent, trademark,
trade secret, copyright, publicity, or other proprietary rights;
* Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive or another’s privacy, tortuously interferes with another, or contains explicit or
graphic descriptions, or accounts of, sexual acts;
* Is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit,
abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation
or the right of a third party;
* Forges e-mail headers or otherwise disguises the origin of any communication;
* Victimizes or harasses, degrades, or intimidates any individual or group of individuals;
* Impersonates any person, business or entity including Men The Show and its
employees or agents;
* Contains viruses or any other computer code, files or programs that interrupt, destroy or
limit the functionality of any computer software or hardware or telephonic (including cable)
equipment and/or is likely to harm Men The Show’s or a third party’s computer system;
* Allows for you or any third party to unlawfully access the computer or a third party or a
computer network;
* Encourages conduct that constitutes a criminal act or that gives rise to civil liability;
* Violates these Terms Of Use or any policy posted on this Website as in Section I.A.
above or otherwise interferes with the rights of other.
* You further agree that you will not post or transmit any photograph or another person
without that person’s consent.
* You may not use the Website in any manner that could damage, disable, overburden, or
impair our servers or interfere with any other party’s use and enjoyment of the Website.
* You may not attempt to gain unauthorized access to any services or information to which
you have not been granted access through password mining or any other process. We
may take any legal and technical remedies to prevent the violation of this provision and to
otherwise enforce these Terms Of Use.
C. Information Provided On The Website
The Website p provides information about upcoming performances, ticket prices, and
other content. Please note that despite our efforts to keep this information current and
accurate, we do not warrant that all content is current, complete or accurate and reserve
the right to reject any request or order based on inaccurate or out of date information. If
you have questions about any particular information, please contact us for further details.
D. Privacy Policy
Please read our Privacy Policy, incorporated here by reference, which also governs your
visit to our Website.
E. Children
This Website is not intended for children. Anyone under the age of 18 should not use it in
any way.
III. ADDITIONAL TERMS
The Website contains certain areas where due to the special nature of the services
provided on those web pages we may provide additional usage rules and terms that are
incorporated into these Terms Of Use by reference. By using the Website you agree to
these additional rules and terms. Some of the additional terms that apply to specific
web pages or other services offered by Men The Show are set forth below.
A. The Men The Show Newsletter
You may sign up to receive the Men The Show newsletter by providing your email
address and other information to us. While we attempt to ensure that all information in the
newsletter is accurate, we do not warrant that the information in the newsletter will be error
free and reserve the right to reject any order or request based on inaccurate or out of
date information. Please contact us at (email address) for further information about any
offerings in our newsletter. You may unsubscribe to the newsletter at any time.
B. Linking To And From www.MenTheShow.com
Any Websites linking to this Website must meet the following criteria:
(A) Any text-only link must be clearly marked “Men The Show”;
(B) The appearance, position and other aspects of either the link or the host Website may
not create the false impression that an entity other than Men The Show is associated with
or sponsored by Men The Show
(C) The appearance, position and other aspects of either the link or the host Website may
not, in the opinion of Men The Show, be such as to damage or dilute the goodwill
associated with Men The show’s name and trademarks;
(D) The link, when activated by a user, must display this Website full-screen and not with a
“frame” on the linked Website; and
(E) Men The Show reserves the right to revoke its consent to the link at any time in its sole
discretion by amending this Terms Of Use
Men The Show has no control over Websites linked to or from www.MenTheShow.com,
and is not responsible for the content, practices, operators, availability, accuracy,
products, services, or other materials on or available from any such Websites. We urge
you to review the terms of use of any Website that you visit.
IV. Online Ticket Ordering For Men The Show
A. Ticket Purchasing
The Website offers you the opportunity to buy tickets to Men The Show performances.
Orders placed through MenTheShow.com are paid through your major credit card (Visa,
MasterCard, American Express, Discovery).
Men The Show takes reasonable precaution in order to ensure the safety and security of
our customer’s online transactions. Credit-card numbers that you enter on our billing
webpage are encrypted and transmitted through SSL (Secure Sockets Layer) technology.
SSL is the industry standard for securing Web-messaging transactions.
By placing an order, you certify that you are able to pay for the item(s) in your order.
You shall comply with all applicable domestic and international laws, statues, ordinances
and regulations regarding your purchase of tickets.
You are responsible for the accuracy of any purchase placed.
We may reject your order at our discretion and reserve the right to cancel any order or
refuse service to anyone at any time. If we cancel your order after we have charged you
for your order, we will refund your credit card the amount charged as soon as practical.
We reserve the right to add and/or remove items on the Men The Show Website for any
reason, at any time.
We reserve the right to limit quantities of items sold.
All prices are quoted in U.S. Dollars.
Men The Show attempts to describe all of the products on the Men The Show Website as
accurately as possible. However, Men The Show does not warrant that product
descriptions or other content of this Website is accurate, complete, reliable, current or
error-free.
No contract will exist between you and Men The Show for products until Men The Show
accepts your order by a confirmatory e-mail or other appropriate means of
communication. All prices are stated in U.S. dollars and are valid unless mistakenly
posted or until altered by Men The Show.
If you order tickets and the published price was incorrect, Men The Show will contact you
with the correct price and ask whether you still wish to order at the correct price.
Men The Show is not responsible for any errors, excess charges or the like that may
occur from time to time with respect to any tickets for our shows that are purchased by
following Web links to outside vendors from any Men The Show website.
V. INTELLECTUAL PROPERTY
A. Copyright
Unless otherwise stated, all content on this Website, such as text, images, logos, button
icons, audio clips, data compilations, and software, is the property of Men The Show or
third parties. These contents are protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions and other copyright
laws. Men The Show grants to you a limited license to copy its content for your personal
use, for example by downloading, printing, or saving to your individual storage medium.
You must not remove or alter any proprietary notice included in the content.
This limited license does not apply to any copyrighted materials on this Website that are
owned by third parties. You are solely responsible for determining whether and under
what conditions you may download, print, or otherwise use the copyrighted material of
third parties.
B. Trademarks
Men The Show® is a registered trademark owned by Gentlemen Strippers. Men The
Show trademarks, trade name, and trade dress may not be used in connection with any
non-Men The Show product or service, in any manner likely to cause confection for
customers, or to blur or tarnish the distinctiveness of our trademarks, or in any manner
that disparages Men The Show. Trademarks not owned by Men The Show that appear on
this Website are the property of their respective owners, who may or may not be affiliated
with or sponsored by Men The Show.
C. Enforcement Of Intellectual Property Rights
Men The Show takes the protection of its intellectual property very seriously and is willing
to take legal action against infringers.
D. Copyright Complaints
If you believe that your work has been used on our Website in a way that infringes your
copyright, please contact our office at 4740 N. Cumberland Ave #300 – Chicago, IL 60656 or at info@mentheshow.com. You must provide the following
information, which we may then forward to the alleged infringer:
(a) A Description of the material that you believe infringes your work, with enough detail
for us to locate it on the Website;
(b) Your address, telephone number, and e-mail address;
(c) A statement that you have a good-faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
(d) A Statement, under penalty of perjury, that
(i) The above information is accurate, and that
(ii) You are the owner of the copyright interest involved or that you are authorized to act on
behalf of that owner; and
(e) Your physical or electronic signature. Upon receiving your complaint, we may remove
the allegedly infringing content.
VI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THIS
WEBSITE IS AT YOUR SOLE RISK. Men The Show DOES NOT WARRANT THAT
THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, Men The Show DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Men The
Show DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE IS
RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE
ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. Men The Show WILL
NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND
PUNITIVE DAMAGES.
SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY.
THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS UNDER THE DISCLAIMERS
ABOVE.
