Terms Of Use
(Effective July 21, 2025)
NOTICE OF MANDATORY ARBITRATION PROVISION:
Your use of our Services (as defined below) is subject to mandatory and binding individual arbitration of any disputes which may arise, as provided in the Section below titled “DISPUTES & MANDATORY ARBITRATION”. Please read all of that section carefully and do not use the Services if you are unwilling to arbitrate all disputes you may have with us as provided in that section.
INTRODUCTION AND ACCEPTANCE
Elixir Creative Group, LLC (“Company”, “we”, “us and “our”) offers you access to its interactive online
websites, applications and services. These Terms of Use, together with our Privacy Policy and any
additional terms which might apply to certain products or services, govern your use of our websites
(“Website”), products, or any of our mobile widgets, services or other applications (“Applications”) –
together, our “Services”. Our Services include websites (https://www.elixircreativegroup.com/) and
(https://made4moremedia.com/) and (https://manscore.co/) and all other locations on which we place these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY
USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE
FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY
CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENT;
ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS OF USE, DO NOT USE OUR SERVICES.
1. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including,
but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music,
videos, information, content, materials, products, services, URLs, technology, documentation, and
interactive features included with or available through our Services and all intellectual property rights to
the same, including, without limitation, all trademarks, service marks, trade names and trade dress that
may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties
(collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of
Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights
not expressly granted in these Terms of Use are expressly reserved.
2. ACCESS AND USE
(A) We may offer certain portions of our Services at no charge (e.g., Websites) and others (e.g.,
Applications) for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In
all instances, our Services are not being sold to you; rather, you are being granted a limited license to use
our Services. In addition, the license to use any of our paid Services does not necessarily transfer across
operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless
we specifically tell you otherwise, the use of any of our Applications is limited to the relevant device
and/or operating system you are using at the time you are granted the license to use the Application.
(B) Third-Party Terms:
(i) IN CERTAIN INSTANCES, YOUR USE OF AN APPLICATION, OUR WEBSITE, OR
OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN
THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL
PROVIDE YOU NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER
APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE
SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.
(ii) Without limiting the foregoing, you acknowledge and agree that the availability of our
Applications and related Services are dependent on the third-party from whom you
received the Application license, e.g., the Apple iTunes, Google Play, or other App stores
(“App Store”). You acknowledge that these Terms of Use are between you and Company
and not with the App Store. Company, not the App Store, is solely responsible for its
Services, including the Application, the content thereof, maintenance, support services, and
warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal
compliance or intellectual property infringement). In order to use our Applications, you
must have access to a wireless network, and you agree to pay all fees associated with such
access. You also agree to pay all fees (if any) charged by the App Store in connection with
the Services, including the applicable Application. You agree to comply with, and your
license to use the Application is conditioned upon your compliance with, all applicable
third-party terms of agreement (e.g., the App Store’s terms and policies) when using our
Services, including the Application. You acknowledge that the App Store (and its
subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to
enforce them.
(C) Our Services are provided for your personal, non-commercial use only. You acknowledge that we
reserve the right to discontinue the Services, in whole or in part, at any time. When using our Services,
you agree to comply with all applicable federal, state, and local laws including, without limitation,
trademark and copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise
permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly
display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose
whatsoever without obtaining prior written consent from us or, in the case of third-party content, its
applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install
and/or print Service Content (e.g., product information). In such a case, you may do so only in the manner
authorized and for your non-commercial use only. You acknowledge that you do not acquire any
ownership rights by downloading, installing or printing Service Content.
(D) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice
we include in or through our Services or Service Content;
(ii) circumvent, disable or otherwise interfere with our security-related features including,
without limitation, any features that prevent or restrict the use of or copying of any software
or other Service Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission;
(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, usernames, passwords, and email addresses;
(v) Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to gain unauthorized access to, or interfere with the proper working of our Services,
the server on which the Services are stored, or any server, computer, or database connected
to the Services, or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of our software or other Service
Content, or our Services;
(viii) use network-monitoring software to determine architecture of or extract usage data from
our Services;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or
impersonate another user, person, or entity (e.g., using another person’s Account (as
defined below));
(x) violate U.S. export laws, including, without limitation, violations of the Export
Administration Act and the Export Administration Regulations administered by the
Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our
Services.
(E) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach
of these Terms of Use.
(F) You understand and agree that your use of the Services and/or Service Content while operating a
motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or
prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and
responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury,
death, or other serious consequences. You assume sole responsibility for your use of the Services and
Service Content.
3.USER REGISTRATION & PROMOTIONAL MESSAGES
(A) IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES (e.g., MOBILE
APPLICATIONS) YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER
THE AGE OF SIXTEEN (16) THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR
OTHERWISE PROVIDE US ANY PERSONAL INFORMATION. SOME FEATURES OF THE
SERVICES MAY REQUIRE A MINIMUM AGE OF EIGHTEEN (18) YEARS OLD TO ACCESS
SUCH SERVICES.
(B) If you become a registered user, you will provide true, accurate and complete registration
information and, if such information changes, you will promptly update the relevant registration
information. During registration, you will create a username and password (an “Account”). You are solely
responsible for safeguarding and maintaining the confidentiality of your Account. You are solely
responsible for the activity that occurs under your Account, whether or not you have authorized the
activity. You agree to contact us immediately at info@manscore.co if you become aware of any
breach of security or unauthorized use of your Account.
(c) Promotional Messages. Our Services may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.
(i) Email/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
(ii) Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan with your wireless services carrier, you may be charged message and/or data charges by your wireless carrier for each message; (2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges; (3) depending on your settings and preferences, we may send you up to eighteen (18) messages per month through our Message Service; (4) you may opt-out of receiving messages from us as set forth in our Privacy Policy, or by texting “STOP” as a reply to any of our messages; (5) if you have any questions about our Message Service or need assistance, you may text “HELP” as a reply to any of our messages; (6) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; (7) we do not guarantee or warrant that you will receive all or any of our messages; and (8) our Message Service may be administered by a third party (the “Administrator”) and reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.
4. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make
available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images,
graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User
Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your
User Content. We do not guarantee any confidentiality with respect to User Content even if it is not
published through our Services. It is solely your responsibility to monitor and protect any intellectual
property rights that you may have in your User Content, and we do not accept any responsibility for the
same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret,
moral right, or other intellectual property or proprietary right without the express permission of the owner
of the respective right. You are solely liable for any damage resulting from your failure to obtain such
permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any
copyright, trademark, patent, trade secret, moral right, or other intellectual property or
proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable,
or otherwise violates any applicable law;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security
numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) is a chain letter of any kind;
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using
or enjoying our Services will not be permitted.
(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or
represent or warrant that the owner has expressly granted, to us (and, to the extent necessary to provide
services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non
exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create
derivative works based upon (including, without limitation, translations), publicly display, publicly
perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem
appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related
companies. We may exercise this grant in any format, media or technology now known or later developed
for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other
users permission to access your User Content and to use, reproduce, distribute, create derivative works
based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non
commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding
the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any
jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(E) By submitting User Content, you also grant us (and, to the extent necessary to provide services to
us, our licensors and licensees) a worldwide, perpetual, irrevocable, fully sublicensable, and transferable
right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances,
physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas,
voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics,
biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided,
referenced, or otherwise contained in the User (all attributes, collectively, per person, a “Persona”),
including, without limitation, your name and geographical location (e.g., “Fred P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed
without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will
be consistent with the terms of our Privacy Policy, where it is applicable.
(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in
connection with your User Content and to use your User Content for advertising, marketing, promotional,
and other commercial purposes. You acknowledge and agree that your User Content may be included on
the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole
discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User
Content.
5. UNSOLICITED IDEAS
While we constantly strive to improve our products, services, technology and promotional techniques, we
must take steps to ensure our own ability to innovate. As such, it is our policy not to accept, review, or
consider any unsolicited ideas, products, works, materials, proposals, artwork, content or the like
(“Submissions”) from anyone other than our employees, agents, and our existing suppliers and
contractors. If you nevertheless provide us a Submission, then regardless of what your Submission says,
you unconditionally agree that: (A) you acknowledge and agree that we may separately develop content
substantially similar to the Submission and you expressly waive any and all rights in such Submissions
and any claim against us related to or arising out of such Submissions; (B) we can use, reproduce, disclose,
publish and distribute the Submissions for any purpose whatsoever, without restriction and in any way;
(C) there is no obligation for us to review the Submissions; and (D) there is no obligation to keep any
Submissions confidential.
6. PROMOTIONAL OFFERS
All promotional offers, sweepstakes, contests, giveaways, and other promotions (“Promotions”) we may
offer from time to time are subject to these Terms and any supplemental official rules or terms we disclose.
Generally, with or without notice, we reserve the right to modify, suspend, cancel, or terminate any
Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify
any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses
or taxes associated with your participation and/or receipt of any prizes, offers, or awards. We may
condition your participation or receipt of a prize/award on the execution of a release and/or other
agreements. By accepting a prize or award, you automatically consent to and grant us the right to use of
your name, image, likeness, statements, biographical information and other information about you for
publicity, advertising and promotional purposes, all without additional permission from or compensation
to you.
7. SERVICE CONTENT & THIRD-PARTY LINKS
(A) We provide our Services including, without limitation, Service Content for educational,
entertainment and/or promotional purposes only. You may not rely on any information and opinions
expressed through any of our Services for any other purpose. In all instances, it is your responsibility to
evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no
circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) PRODUCT/HEALTH CLAIMS. Any health-related Service Content available is not intended to be a substitute for professional medical advice. NEITHER OUR SERVICES NOR PRODUCTS ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY ILLNESS OR DISEASE. WE PROVIDE THIS INFORMATION FOR EDUCATIONAL PURPOSES ONLY. IT IS SOLELY YOUR RESPONSIBILITY TO CONSULT YOUR PHYSICIAN BEFORE ACTING ON ANY SUCH INFORMATION, ESPECIALLY IF YOU ARE PREGNANT, NURSING, IMMUNE SYSTEM OR RESPIRATORY SYSTEM COMPROMISED, OR TAKING MEDICATION. Company does not warrant the validity of any such health-related statements found on or through our Services. All such information is general in nature and may be helpful to some persons but not others, depending upon their personal needs. You should always consult with your physician and should never disregard professional medical advice, or delay in seeking it, because of something you have read on or through our Services.
(C) The products displayed on our Website and/or Apps may not be available everywhere. Product
availability is subject to change without notice and may vary. All prices are quoted in U.S. Dollars.
Company reserves the right to modify or discontinue, at any time, some or all of the products.
(D) Service Content may include content posted by a third-party or will represent the opinions and
judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy,
timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services
by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(E) Our Services may link or contain links to other websites maintained by third parties. We do not
operate or control, in any respect, or necessarily endorse the content found on these third-party websites.
You assume sole responsibility for your use of third-party links. We are not responsible for any content
posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of
your dealings with any third-party or their website.
8. INDEMNIFICATION
You agree to indemnify and hold harmless Company and its officers, directors, employees, parents,
partners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their
related companies (collectively, the “Company Parties”) from and against any and all third-party claims,
liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and
costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User
Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by
you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant
that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense
of any claim that is the subject of your obligations hereunder.
9. DISCLAIMER OF WARRANTIES; RELEASE
(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR
SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT
PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES
INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR
REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES
OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH
OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES
THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7)
WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING
SOFTWARE) WILL BE CORRECTED.
(B) BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING
RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT
YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS
OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY
STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.”
10. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE
TERMS OF USE. YOUR SOLE REMEDY FOR YOUR USE OR INABILITY TO USE OUR
SERVICES, OR YOUR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT
LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY
LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR
ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD
PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO
EVENT SHALL THE CUMULATIVE LIABILITY OF THE COMPANY PARTIES EXCEED THE
LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING
TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR
SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the
foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted
by law.
11. TERMINATION
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Account
and/or block your use of our Services for any reason including, without limitation if you have failed to
comply with the letter and spirit of these Terms of Use. You agree that Company is not liable to you or
any third party for any termination or suspension of your Account or for blocking your use of our Services.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use.
The provisions of these Terms of Use which by their nature should survive the suspension or termination
of your Account or these Terms of Use shall survive including, but not limited to, the intellectual property
rights of Company or its licensors, the rights and licenses that you have granted hereunder, indemnities,
releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions
in the Section titled “MISCELLANEOUS”.
12. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate
circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected
to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate
circumstances and in our sole discretion, we may remove or disable access to material on any of our
websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States
Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are
reported to the agent that we have designated to receive notifications of claims infringement (its
“Designated Agent”). Our Designated Agent is:
Elixir Creative Group, LLC
Attn: Copyright
PO Box 14953
Cincinnati, OHIO 45250
Email: info@manscore.co
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe
that your work’s copyright has been infringed, please report your notice of infringement to us by providing
our Designated Agent with a written notification of claimed infringement that includes substantially the
following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
(iv) information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone
number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA.
Inquiries that do not follow this procedure may not receive a response.
13. DISPUTE RESOLUTION & MANDATORY ARBITRATION. PLEASE READ THIS
PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION,
WHICH MEANS THAT YOU (INCLUDING, FOR THE PURPOSES OF THIS SECTION, ANYONE
CLAIMING UNDER YOU OR ON YOUR BEHALF) AND COMPANY EACH AGREE TO SUBMIT
ANY DISPUTE RELATED TO THIS AGREEMENT (INCLUDING THE SERVICES OR SERVICE
CONTENT) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT.
THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU
AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS
ACTION, AND A JURY WAIVER. YOU AND COMPANY EACH AGREE:
(a) Mandatory Arbitration of Disputes. YOU AND COMPANY BOTH AGREE, TO THE
FULLEST EXTENT PERMITTED BY LAW, TO USE BINDING ARBITRATION, NOT A
LAWSUIT TO RESOLVE THE DISPUTE. You and Company each acknowledge and agree that,
but for this agreement to arbitrate disputes, you and Company would have had a right or
opportunity to litigate disputes through a court and to have a judge or jury decide the case and you
and Company each voluntarily choose to waive that right and pursue all applicable disputes
through binding arbitration.
(b) Arbitration Entity, Location & Rules. Arbitration under this Agreement shall be conducted and
administered by the American Arbitration Association. The arbitration shall take place in
Louisville, Kentucky. If the arbitration results in an award, then judgment on the award may be
entered in any court having jurisdiction. An arbitrator may award on an individual basis any relief.
(c) Federal Arbitration Act. You and Company each enter this arbitration agreement in connection
with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any
proceedings thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16
(“FAA”).
(d) Costs & Fees. You and Company each agree to pay our own fees, costs, and expenses, including
those for any attorneys, experts, and witnesses. You and Company also agree that any claim for or
award of attorneys’ fees, including such claim or award pursuant of Chapter 38 of Texas Civil
Practice and Remedies Code, is waived.
(e) LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES
MUST BE COMMENCED WITHING ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
14. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Kentucky
without regard to its conflict of laws rules. To the extent that the FAA does not supply substantive law
necessary for the resolution of the Dispute, the laws of the Commonwealth of Kentucky shall apply to the
Arbitration. Any permitted court legal proceedings against Company (i.e., those not subject to Mandatory
Arbitration) that may arise out of, relate to, or be in any way connected with our Website, Applications or
other Services, or these Terms of Use, shall be brought exclusively in the state and federal courts in the
County of Jefferson or the United States District Court for the Western District of Kentucky. You waive
any jurisdictional, venue, or inconvenient forum objections to such courts.
15. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES
ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY
OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON
BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN
ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
17. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or
discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve
the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon
notice, either by posting on the Website, notification by email or through any of our Applications. It is
your responsibility to review the Terms of Use from time to time for any changes or Additional Terms.
Your access and use of our Services following any modification of these Terms of Use or the provision
of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent
revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services
and, if applicable, terminate your Account.
18. YOUR COMMENTS AND CONCERNS
The Services are operated by:
Elixir Creative Group, LLC
PO Box 14953
Cincinnati, OHIO 45250
All feedback, comments, requests for technical support, and other communications relating to the Services
should be directed to info@manscore.co.
19. MISCELLANEOUS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.
(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or
unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and
that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these
terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that
provision and that the remaining terms of these Terms of Use shall remain in force.
(C) Where we have provided you with a translation of the English language version of these Terms of
Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your
convenience only and that the English version governs your relationship with us. The English language
version takes precedence if there is any contradiction between the English and translated versions.
(D) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by
reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between us with respect to such subject matter.
(E) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder,
in whole or in part, without our prior written consent. Any such purported assignment or delegation by
you without the appropriate prior written consent will be null and void and of no force and effect. We may
assign these Terms of Use or any rights hereunder without your consent and without notice.
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