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FRATMEN® Terms & Conditions

The terms set forth below comprise a legal agreement between you and PAVLOV’S DOG, LLC (alternatively referred to as “PAVLOV’S DOG,” “We” or “Us”) and detail the terms and conditions to which users of the PAVLOV’S DOG family of websites (collectively, the “SITES”) are expected to adhere. These Sites include FRATMEN.COM; FRATPAD.COM; FRATMEN.TV; FRATHOUSE.com; ebonyU.com; FratmenSUCKS.com and any other websites in which these Terms and Conditions appear.

Please read these terms and conditions carefully before using any of the SITES, because by using or remaining on any Site, you (alternatively referred to as “you” or “User”) agree to be bound by the terms set forth herein, including, our Privacy Policy below (together, the “Agreement”). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not subscribe to or use any of the Sites or any portion of the Sites. We reserve the right to amend this Agreement at any time without prior notice to you.

1. Intellectual Property Notices

All materials published on the Sites (including, but not limited to written materials, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the “Content”)) are protected by copyright, trademark and all other applicable intellectual property laws, and are licensed by PAVLOV’S DOG. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the SITES. All material found on any of the SITES is protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, modified, adapted, edited, published, exhibited, transmitted, uploaded, distributed, publicly performed, displayed, proxy cached, or otherwise used in any manner, except with the prior express written permission of PAVLOV’S DOG.

The contents of the Sites are intended for the personal, noncommercial use of its users. Including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.

FRATMEN®, FRATPAD®, and FRATERNITY MEN® are trademarks owned by ICONnewmedia, Inc. and licensed to PAVLOV’S DOG, and all are registered in U.S. Patent and Trademark Office. Any use of these trademarks in connection with any product or service that does not belong to PAVLOV’S DOG, unless otherwise authorized in a written license agreement, will constitute infringement. You may not use any meta tags or any other “hidden text” utilizing PAVLOV’S DOG name or controlled trademarks without the express prior written consent of PAVLOV’S DOG.

You may write or fax PAVLOV’S DOG, LLC to request permission at the following address:

PAVLOV’S DOG, LLC
Attention: Rights and Permissions
111 W 6th Street, Penthouse
Tempe, AZ 85281
Fax #: 888-666-1112

2. Disclaimer

All materials, including, but not limited to, articles, photographs, images, illustrations, messages and other communications, audio clips and video clips, contained on any Site are intended for distribution exclusively to consenting adults in locations where such materials do not violate any community standards or any federal, state or local law or regulation of the United States, or any law of any other country. No persons under the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of any Site or place any orders for any goods or services advertised at or on any Site.

3. Privacy Policy

This Privacy Policy (the "Policy") applies to the PAVLOV’S DOG Sites. This Policy explains what information we collect about you and what we do with it. You should return to this Policy often to see if it has changed. By using or navigating any of the Sites, you acknowledge that you have read, understand and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to the terms of this Policy, please do not use or visit any of our Sites.

A. Information Collected

We collect personal information that you provide to us such as your name, e-mail address, street address and telephone number. We also collect credit card information from you. We generally collect this personal information on our registration and order forms when you sign up to receive products or services from any of our Sites. Finally, we collect IP addresses and anonymous demographic information.

B. How Information is Used

We use personal information and other demographic or profile information you provide to us to fulfill your orders or requests; to provide you with information about PAVLOV’S DOG and some of our partners; and to contact you when necessary.

We use information collected to evaluate and improve our services. At our discretion, we may develop and use consumer research, which may be based on your use of our Sites.

Personal information collected on the Sites is stored and processed in the United States and by using any of the Sites you consent to any such transfer of information outside of your country.

C. Information Sharing

We do not share your information with third parties. However, we may disclose your information in special cases if required to do so by law, court order or other governmental authority or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of PAVLOV’S DOG, another user or anyone else that could be harmed by such activities.

D. Confidentiality of Information

Your information may not be confidential. The Sites may offer chat rooms, forums, message boards and/or news groups to our users. Any information disclosed in these areas becomes public information, and as such you should exercise caution when deciding to disclose your personal information and you do so at your own risk.

E. Use of Cookies and Web Beacons

The Sites use cookie technology to enhance your online experience by making it easier for you to navigate through our Sites or make a feature work better. Generally, cookies can be disabled. However, you must accept cookies in order to navigate the Sites, register for membership and order products from our online stores.

Some of our Sites may contain electronic images known as “web beacons” or single-pixel gifs that allow us to count visitors to our Sites. Web beacons collect limited information including cookie number, time and date of a page view and a description of the page on which the web beacon resides.

F. Site Security

We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse and alteration of the information under our control. All credit transactions occur in a secure area of the Site using Secure Sockets Layer (“SSL”) software to process orders. SSL encrypts the information you input on the Sites. In addition, all information is stored in a secure location behind a firewall with limited administrative access.

G. Unsubscribing

All e-mails you receive from us will include specific instructions on how to unsubscribe and you may unsubscribe at any time. Additionally, you may use any of the following options for removing your information from our database:

(1) Send an email to help@fratmen.com (please indicate the Site(s) from which you would like to be unsubscribed);

(2) Go to www.ccbill.com and follow the instructions provided;

(3) Send a letter with your request to the following address (please indicate the Site(s) from which you would like to be unsubscribed):

FRATMEN
ATTN: Customer Service
7150 E Camelback Road, Suite 444
Scottsdale, AZ 85251

Please note, however, that even if you update or remove your personal information from our live database, your data may be retained in our backup files and archives. You cannot opt out of receiving emails from us regarding your account and/or the status of an order.

4. Membership Terms

As part of the registration process for membership, you will select a password and user name (collectively, an “ID”). You shall provide PAVLOV’S DOG with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person other than yourself without authorization; or (iii) use a screen name that PAVLOV’S DOG, in its sole discretion, deems offensive.

You shall notify PAVLOV’S DOG of any known or suspected unauthorized use(s) of your account, ID or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. (b) You shall be solely responsible for maintaining the confidentiality of your ID. Password theft is common and if your password is used by multiple computers simultaneously it will be deleted and no refund will be issued, as we cannot determine if it was shared or stolen.

You must be 18 years or older to subscribe to any of the Sites.

You are responsible for all usage or activity on your account to any Site. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at PAVLOV’S DOG's sole discretion, and you may be referred to appropriate law enforcement agencies.

5. Fees and Payments

PAVLOV’S DOG reserves the right at any time to charge fees or change the price for access to any Site. In the event that PAVLOV’S DOG so elects, it shall post notice in the Member’s Service section of the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the any of the Site’s stores. The first month service fee (or other available billing period selected) is due upon account activation. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused free hours do not accrue from one month to the next. Failure to use the account does not relieve the user of payment obligations.

All fees and charges shall be billed to and paid for by you. You will not receive access to any service until subscription fees have been received by PAVLOV’S DOG. Subscription fees are not refundable in whole or in part, even in the event your account is terminated by you or by PAVLOV’S DOG. In the event of termination, your account will remain active through the end of the subscription term. You shall pay all applicable taxes relating to use of any Site through your account. Your right to use any Site is subject to any limits established by PAVLOV’S DOG in its sole discretion.

You understand that your subscription will renew automatically at the end of your subscription period until you request a cancellation (see Section 6. Termination), and you hereby authorize PAVLOV’S DOG (or its service provider) to charge your chosen payment method to pay for the ongoing costs of your subscription. In the event PAVLOV’S DOG utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of PAVLOV’S DOG attorneys' fees and costs in pursuing the collection of these sums.

In the event that PAVLOV’S DOG issues a refund, such refund will be credited solely to the payment method used in the original transaction. PAVLOV’S DOG will not issue refunds by cash, check or to another credit card or payment mechanism.

To complete your purchase you may be transferred to the secured server of Interset and/or its providers.

6. Termination

You may terminate your account at any time by requesting an order cancellation by emailing help@fratmen.com, or by calling 1-800-FRATMEN. Subscription fees, if any, will not be refunded upon any termination, and you will retain access through the duration of your subscription term. You are responsible for all charges incurred up to the time the account is deactivated, whether or not such charges were actually incurred by you.

PAVLOV’S DOG 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 Sites for any or no reason, including, without limitation, breach of this Agreement or the repeated infringement of copyrights owned by third parties.

PAVLOV’S DOG, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in this Agreement, including but not limited to, (i) restricting, inhibiting or disrupting any PAVLOV’S DOG event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any PAVLOV’S DOG employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a PAVLOV’S DOG employee or other individual.

7. Forums and Discussions

Chat rooms, forums, message boards, and/or news groups may be made available to a Site’s users (“Public Forum(s)”). PAVLOV’S DOG does not endorse the opinions placed on these Public Forums. You agree that any information, feedback, questions, comments and/or submissions to any Public Forum that you provide to us in connection with any Site (“Submissions”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of PAVLOV’S DOG, use any Public Forum to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services that are competitive with PAVLOV’S DOG. You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation or the rights of any third party. Please use your best judgment and be respectful of other individuals using the Public Forums.

We shall have no obligations of 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. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you. Please do not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. You 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.

While we do not and cannot review every message posted by users in a Public Forum and are not responsible for the content of any of these messages, PAVLOV’S DOG reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or this agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.

8. Representations and Warranties

You represent, warrant and covenant (a) that no materials of any kind submitted by you for PAVLOV’S DOG’s use thereof in accordance with this Agreement will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.

You hereby indemnify, defend and hold PAVLOV’S DOG and its members, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney’s fees. You shall cooperate as fully as reasonably required in the defense of any claim. PAVLOV’S DOG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of PAVLOV’S DOG without PAVLOV’S DOG’s prior written approval.

PAVLOV’S DOG neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY PAVLOV’S DOG OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICE ARE PROVIDED “AS IS.” PAVLOV’S DOG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. PAVLOV’S DOG DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.

You hereby acknowledge that the use of any Site is at your sole risk.

9. Additional Terms for the Site’s Store

In addition to the provisions contained in this agreement, the following terms apply specifically to the Site’s store.

A. By placing an order, you certify that you are able to pay for the item(s) in your order.

B. By placing an order on the Site’s store you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address). The items in the Site’s store are for mature audience and are restricted to adult use. If you place an order for an item on the Site’s store, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.

C. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site’s store and your purchase of items.

D. You are responsible for the accuracy of any purchase placed.

E. 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.

F. Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.

G. We reserve the right to add and/or remove items on the Site’s store, for any reason, at any time.

H. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.

I. We use our best efforts to ensure that the correct price is posted for each item in the Site’s store. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

J. Products available from the Site’s store may be advertised on third party shopping websites. PAVLOV’S DOG is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on the Site’s store, including, but not limited to pricing information. In the event that a difference exists, information found on the Site’s store shall govern.

K. All purchases from the Site’s store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

L. You may return certain items purchased within thirty (30) days of delivery of a shipment for a full refund. Items such as CD’s, DVD’s, magazines, VHS tapes, cassette tapes and software must be unopened.

M. PAVLOV’S DOG attempts to describe all of the products on the Site’s store as accurately as possible. However, PAVLOV’S DOG does not warrant that product descriptions or other Content of the Site’s store is accurate, complete, reliable, current or error-free. If a product offered on the Site’s store is not as described, your sole remedy is to return it in unused condition.

10. Limitation of Liability

NEITHER PAVLOV’S DOG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY PAVLOV’S DOG OR THIRD PARTIES THROUGH ANY OF THE SITES, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PAVLOV’S DOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PAVLOV’S DOG’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

11. Miscellaneous

This Agreement has been made in and shall be construed and enforced in accordance with Arizona law without regard to any conflict of law provisions. PAVLOV’S DOG makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Phoenix, Arizona. In action to enforce this Agreement, or actions arising out of or related to this Agreement, including, but not limited to, copyright infringement actions, the prevailing party will be entitled to costs and attorney's fees.

Official correspondence must be sent via postal mail to:

PAVLOV’S DOG, LLC
111 W 6th Street, Penthouse
Tempe, AZ 85281

This Agreement constitutes the entire agreement between you and PAVLOV’S DOG with respect to your access and use of the Sites and supersedes all prior or contemporaneous agreements (whether oral, written or electronic) between you and PAVLOV’S DOG with respect to the Sites. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. PAVLOV’S DOG may assign this Agreement (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of PAVLOV’S DOG or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.

The proof of age and other pertinent records required by Title 18 USC § 2257 and Title 28 CFR part 75 with respect to the content of this site are kept by the Custodian of Records, Pavlov's Dog, 111 W 6th Street, Penthouse, Tempe, AZ 85281.

Rev. 04/22/15 FRATMEN® v3.5