Terms of Use Community Guidelines Chat Agreement Membership Agreement Privacy Policy Safer Sex Guidelines
LEGAL TERMS OF MEMBERSHIP:
By entering this site you agree to the terms below and that you are of legal age in your area to view adult material.
By browsing, joining and/or participating in AtomicMen.net, you agree to the following terms:

• I am at least 18 years old and of legal age in my area.
• I am accessing this site of my own free will and for my own personal entertainment only.
• I am not violating any law of my city, town, state, province or nation by accessing this website.
• Each time I enter this site, I release, indemnify and hold harmless the providers, owners, models and creators of this site from any and all liability arising from my use of this site.
• I understand this site contains material that may be considered objectionable;
• I will not pass any information contained herein to Minors or to anyone who would find such images offensive.
•  All images I upload onto the site are images of my own personal self, or I own all legal copyright to the images and their use, and maintain model releases and other documentation of all individuals pictured in compliance with 18 U.S.C. SECTION 2257.
• By continuing past this point, I affirm, under penalty of perjury that I am not acting as an agent or attorney for any other person, including any government, governmental agency or branch, law enforcement agency, or military agency or branch.
18 U.S.C. Section 2257 Compliance Notice:
All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. 
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. 
With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. 
The owner and operator of this Website is the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. The Custodian of Records for this Website is: Cold Day in Hell Productions, LLC, 637 Van Ness Ave, Suite E-754, San Francisco, California 94102.
Terms of Use
Your Acceptance BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the AtomicMen.com domain name, the "AtomicMen Website," or the "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or “TOU”) AND THE TERMS AND CONDITIONS OF ATOMICMEN’S PRIVACY NOTICE, BOTH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the AtomicMen Website.
AtomicMen Website
These Terms of Use apply to all users of the AtomicMen Website, including users who are also contributors of video content, information, and other materials or services on the Website. The AtomicMen Website may contain links to third party websites that are not owned or controlled by AtomicMen. AtomicMen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AtomicMen will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release AtomicMen from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the AtomicMen Website and to read the terms and conditions and privacy policy of each other website that you visit. AtomicMen reserves the right to change the TOU at any time without notice.
Intellectual Property Rights
The content on the AtomicMen Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AtomicMen.com, a property of Cold Day In Hell Productions, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AtomicMen reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the AtomicMen Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the AtomicMen Website or the Content therein.
User Submissions
A. The AtomicMen Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, AtomicMen does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you represent and warrant that:
    you own or have the necessary licenses, rights, consents, and permissions to use and authorize AtomicMen to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
    you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you will retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to AtomicMen, you hereby grant AtomicMen a worldwide, non-exclusive, gratis, sub-license, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the AtomicMen Website and AtomicMen's (and its successors’) business, including without limitation for promoting and redistributing part or all of the AtomicMen Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AtomicMen Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the AtomicMen Website.
C. In connection with User Submissions, you further agree that you will not:
    POST, ALLOW ANOTHER TO POST OR BE IN ANY WAY INVOLVED IN THE POSTING OF ANY MATERIAL THAT DEPICTS OR IMPLIES PERSONS UNDER THE AGE OF 18: no visual depictions of anyone under the age of 18 - PERIOD! Even if the minor is fully dressed, playing at the park. YOU WILL BE BANNED AND REPORTED TO THE POLICE!;
    submit material that is copyrighted, protected by trademark, patent, trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AtomicMen all of the licenses and other rights granted herein;
    submit material that you do not own or did not create;
    publish any defamatory matter or any misrepresentations of fact;
    submit material depicting or implying rape, forced sexual acts, bestiality, death, use of controlled substances (implied, staged, simulated, artificial or cartoon/drawn/art) or any other image that is or would reasonably be deemed to be obscene;
    submit material depicting violence, abuse: (actual, non-consensual harm to another living thing);
    submit material that is unlawful, threatening, harassing, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
    post advertisements or solicitations of business account (legal or not); where submissions must adhere to the following:
      Submissions DO's
      Local Brick and Mortar Businesses.
      Local Events.
      Your Personal Ad.
      Make Your Post as Complete as Possible.
      Photos and Videos in Your Ad!
      Submission DO NOT's
      Post Website Addresses.
      Commercial Advertisements, Banners or Links.
      Post videos containing website URLs or other advertisements.
      Solicit Sex in exchange for money or drugs or any other item.
      Give Personal Information.
      encourage or otherwise depict glamorized drug use;
      characterize violence as acceptable, glamorous or desirable, or;
      transmit any of your personal contact information other than YOUR OWN email address;
      impersonate another person;
      use racist or sexist language; (Use of the words fag/faggot, nigger/nigga/niggah - even if you are describing yourself);
      depict or promote incest;
      depict or promote Coprophilia, also known as Fecophilia or Scat. submit material promoting, stating, condoning, referring to hate: hate mail, hate comments, hate crimes, terrorism (or terrorist ideas/concepts); submit material that depicts feces/defecation/excrement.
AtomicMen does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AtomicMen expressly disclaims any and all liability in connection with User Submissions. AtomicMen does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AtomicMen will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. AtomicMen reserves the right to remove Content and User Submissions without prior notice. AtomicMen will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. While pornographic and adult content are accepted, AtomicMen also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length.
AtomicMen may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. AtomicMen may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. In addition, AtomicMen will, without exception, notify the proper authorities, disclose ALL account information related to Users who violate Section 5., item C, number (1) of this document.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    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;
    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 information reasonably sufficient to permit the service provider to locate the material;
    Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    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; and
    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.
AtomicMen's designated Copyright Agent to receive notifications of claimed infringement is: (Visit our Contact page). For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AtomicMen support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the AtomicMen Website, you will be exposed to User Submissions from a variety of sources, and that AtomicMen is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AtomicMen with respect thereto, and agree to indemnify and hold AtomicMen, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. AtomicMen permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, AtomicMen may provide an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the AtomicMen website on the pages containing the Embeddable Player. AtomicMen reserves the right to discontinue any aspect of the AtomicMen Website at any time.
Intent and Fair Use Policy
    Furthermore, all members acknowledge and agree to adhere to each of the following: The acknowledgement of AtomicMen, of its intellectual and physical property as it applies to the Use Of AtomicMen and Its Features. The acknowledgement of the Intent Of Use of Features currently deployed by AtomicMen as it applies to the Use Of AtomicMen and Its Features. The acknowledgement of Fair Use of Features currently deployed by AtomicMen as it applies to the Use Of AtomicMen and Its Features. Intent of Features: The Following Features Are of The Intended and Fair Use as listed below:
    • Streaming Public Video – Video intended to be streamed to the public, general members of AtomicMen and its proponents.
    • Public Photoset – Photos intended to be viewed by the public, the general members of AtomicMen and its proponents.
    • Community – Set of Social Networking intended to reasonably communicate with the general members of AtomicMen and its proponents.
    • Comments and Messaging System – Public and Private Comment/Messaging intended to reasonably communicate with the general members of AtomicMen and its proponents.
    • AtomicMen Contacts – Contacts to the proponents of AtomicMen intended to reasonably support the Features of AtomicMen previously listed.
    • The Acknowledgement that all declarations in the Fair Use Policy are reinforced by the General Terms of Use (TOU) and upheld by AtomicMen and its proponents.
    • The acknowledgement that all declarations of Fair and Intended use of AtomicMen shall reasonably adhered to by all active members of AtomicMen and its proponents.
Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE ATOMICMEN WEBSITE SHALL BE AT YOUR OWN AND SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ATOMICMEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ATOMICMEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
  • -- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  • -- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • -- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • -- ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ATOMICMEN WEBSITE.
ATOMICMEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ATOMICMEN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ATOMICMEN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL ATOMICMEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ATOMICMEN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ATOMICMEN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by AtomicMen from its facilities in the United States. AtomicMen makes no representations that the AtomicMen Website is appropriate or available for use in other locations. Those who access or use the AtomicMen Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless AtomicMen, its parent companies, subsidiaries and affiliates, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
  1. your use of and access to the AtomicMen Website;
  2. your violation of any term of these Terms of Use;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the AtomicMen Website.
Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the AtomicMen Website is not intended for persons under 18. If you are under 18 years of age, then please do not use the AtomicMen Website.

Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AtomicMen without restriction.
General
You agree that:
    the AtomicMen Website shall be deemed solely based in Portland, Oregon, United States; and the AtomicMen Website shall be deemed a passive website that does not give rise to personal jurisdiction over AtomicMen, either specific or general, in jurisdictions other than Portland, Oregon, United States. These Terms of Use shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between you and AtomicMen that arises in whole or in part from the AtomicMen Website shall be decided exclusively by a court of competent jurisdiction located in Portland, Oregon, United States.
These Terms of Use, together with the Privacy Notice and any other legal notices published by AtomicMen on the Website, shall constitute the entire agreement between you and AtomicMen concerning the AtomicMen Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and AtomicMen 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. AtomicMen reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the AtomicMen Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND ATOMICMEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ATOMICMEN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU FOREVER WAIVE AND DISCHARGE ANY SUCH CAUSE OF ACTION.
Community Guidelines
Community Guidelines
Chat Agreement
Membership Agreement
Privacy Policy
Safer Sex Guidelines

Please read the AtomicMen Privacy Policy and the AtomicMen Membership Agreement.

By joining as a member of AtomicMen, you agree to follow our community guidelines as set forth below. For full legal disclaimers and site rules, please refer to the Membership Agreement.

All members who agree to our community guidelines will find that AtomicMen is a friendly, fun and respectful environment where men can meet other men. On the other hand, appropriate action will be taken against AtomicMen members who violate this community agreement.

SELF-PROMOTION AND COMMERCIAL SERVICES
AtomicMen is a site for those seeking friendships, dates, relationships or hook-ups with other men. We kindly ask that if you have a business to promote, that you just state your business and ask members to contact you for more detailed information. Also, please do not spam our members to advertise or solicit your business. Personal information, such as e-mail addresses, website URLs, phone numbers, IM handles and street addresses are not allowed in member profiles at all.

PHOTOGRAPHS
Please use photos that accurately represent only you and nobody else. Any reports of dishonest or stolen photos being used will be taken seriously. Pictures which are held in copyright are not allowed to be posted to the site. We also ask that you please do not upload duplicate photos or photos which contain e-mail addresses, phone numbers, logos, website addresses or the portrayal of illegal activities, violence, underage children, explicit drug use, bestiality, water sports, fisting or bondage with penetration. All photographs are subject to review and removal by the AtomicMen staff. AtomicMen reserves the right to disallow individual photos from member profiles. As part of the Membership Agreement, you grant to AtomicMen, its affilliates, assignments, employees and successors the right to use, display or otherwise disseminate any photograh(s) uploaded to the site, for the marketing purposes of AtomicMen. This release is made pursuant to Cal. Civil Code 3344 (or any similar statute of any state or municipality. For more information on the use of photographs, please refer to the Membership Agreement.

PERSONAL INFORMATION
AtomicMen is a site for gay men who want to meet other gay men. However, we do caution all of our members to act responsibly in choosing their off-line meetings. Be sure you tell somebody or leave a note if you have any suspicions at all about the person you are going to meet.  We also recommend that first-time meetings be held someplace public.  We cannot be held responsible for anything that happens as a result of a meeting through AtomicMen.

AtomicMen sends e-mail through a masked filter. Any e-mail which you send through our site will only direct a member to your profile on the AtomicMen site. As a result, we will never reveal your true e-mail address to another user. Please use discretion in sharing any personal information (such as e-mail addresses, phone numbers and street addresses) with other AtomicMen members   While in chat, if you enter an anonymous phone call, you are also protected by calling through a third-party.

AtomicMen does not allow members to post personal information such as e-mail addresses, phone numbers, and street addresses in their profiles. Any personal information found in member ads is subject to removal by the AtomicMen staff.

POST NO HATE
Any expressions of hatred, bigotry, abuse or harassment will not be tolerated on the AtomicMen site. If you are having problems with another member regarding these issues, please send us an e-mail from the Contact Us page. Those members responsible for posting hateful or harassing words are subject to immediate and permanent removal from the site. We also ask that all AtomicMen users refrain from profanity and defamatory comments on the site.

ADULTS ONLY PLEASE
While AtomicMen endeavors to provide a fun place for all men to gather and connect, our safety standards require that we uphold very distinct and very specific guidelines for youth on the AtomicMen site. If you are under 18 you are not allowed to use any part of the AtomicMen network. Youths under the age of 18 are prohibited from entering any rooms or posting an ads on the AtomicMen site.

Solicitation for sex, intimate relationships, off-line engagements and/or explicit conversations regarding sexuality with anyone under 18 years of age is expressly prohibited on AtomicMen.

Any member reported to us who either has a stated age below 18 or a photograph depicting an individual who appears beyond a reasonable doubt to be below 18 will be immediately removed.

If you are under 18, or if your local laws prohibit you from using a service such as AtomicMen, you may not make any submissions or register for any aspect for membership anywhere on the AtomicMen network. This site may contain adult images or graphic language not suitable for youth. For more information regarding this issue, please see the Membership Agreement.

COPYRIGHTED INFORMATION
Images and information copyrighted by an individual or an entity other than the member should never be posted anywhere within the AtomicMen site. In the event a member is caught posting copyrighted materials which are not their own, their account is subject to permanent removal. AtomicMen never willingly uses copyrighted material for which they have not received written permission. AtomicMen cannot accept responsibility for situations where members engage in this type of unlawful communication.

YOUR AtomicMen STAFF
We are here to ensure that all members of the AtomicMen site have fun. However, we do reserve the right to hide inappropriate posts and images, suspend members and block privileges, based on the standards set forth in our Community Guidelines and Membership Agreement. All photos will be reviewed by our staff and are subject to removal.

PLEASE REPORT ANY PROBLEMS
If you feel that another AtomicMen member is violating these Community Guidelines or the Membership Agreement, please do not hesitate to send us an e-mail through the Contact Us page. Also, if you have questions regarding your own posts or photos, please send us an e-mail from the Contact Us page.

AGREEING TO THE COMMUNITY GUIDELINES
These Community Guidelines are subject to change. Please check back here periodically for any changes. By accessing the AtomicMen website after we post any changes to these Community Guidelines, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Community Guidelines, you must immediately cease using the AtomicMen site. AtomicMen reserves the right to edit or delete member information, images or profiles at anytime.


Thank you and have fun!

AtomicMen


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MEMBERSHIP AGREEMENT:

ALL MEMBERS MUST AGREE TO THE TERMS OF SERVICE LISTED BELOW IN ORDER TO JOIN THE SITE. PLEASE READ THIS POLICY CAREFULLY.

ACKNOWLEDGEMENT:
All visitors and members (hereafter "Member" or "Members" or "You" or "Your" or "Yourself") to the AtomicMen Website (hereafter the "Website") must agree to the following Terms of Service (hereafter the "Agreement"). All Members of AtomicMen must acknowledge that they have read, understood and accepted this Agreement by checking the "I Agree to the Membership Agreement" box during the join process.

TERMS OF AGREEMENT:
This "Terms of Service" Agreement comprises the entire agreement between AtomicMen and its Members and visitors. If any part of this Agreement is or shall be deemed by any court of competent jurisdiction to be illegal or unenforceable, the remaining provisions of the Agreement shall nonetheless remain in full force and effect as though the unenforceable provision(s) had been stricken. AtomicMen reserves the right to amend, supplement or otherwise change this Agreement, in whole or in part, at any time, at its sole discretion. A current version of this Agreement can always be found on the Website by clicking the "Guidelines" link in the footer of each page on the Website. This Agreement shall remain in effect during any and all membership periods or visitation periods to the Website. Membership can be cancelled by the Member at any time by completing the Cancellation Process on the Contact Us page. AtomicMen reserves the right to terminate the membership of any Member, at any time, at its sole discretion. Memberships terminated because of a breach of this Agreement are not entitled to refunds of any kind. Memberships cancelled in the middle of a billing period are not entitled to partial refunds for unused portions of a billing period. AtomicMen reserves the right to alter, change, improve upon or remove any portion or feature of the Website at any time. Such changes will not entitle Members to full or partial refund.

DESCRIPTION OF SERVICE:
AtomicMen is a dating and relationship site that is intended to be used by adults who are 18 years of age and older. Visitors to the Website, prior to filling out a membership form, are able to view profiles and search for Members. Visitors are not allowed to send messages to any Member of the Website or to view private pictures or any other Member-based features on the Website. Membership is comprised of two categories: Free Members and Premium (Pay) Members. Pay Members have full-access to the Website, including messaging, chat, viewing private pictures, creating Buddy lists, Block lists, editing their profile and updating their pictures. Free Members may post a profile and view some profiles, but may be limited by the number of premium features they can use.

ELIGIBILITY:
All visitors and Members of AtomicMen must be at least 18 years of age and be over the age of majority in the jurisdiction of their personal residence. Visitors and Members hereby represent and warrant that they are legally allowed to use this Website and that they have the right, capacity and authority to enter into this Agreement. Visitors and Members hereby agree to comply with this Agreement. Membership and visitation of AtomicMen is void where prohibited. In compliance with Federal Code 2257, all members who post visual images or video on the site may be asked to present formal identification, such as a valid driver's license, to prove that they are at least 18 years of age.

PRIVACY:
All Members of AtomicMen will be given the opportunity to create a unique username and password for log-on. Members are responsible for keeping this password private, in order to maintain the integrity of their account. By using AtomicMen, You acknowledge that we cannot ensure the security or privacy of information You provide to us through the Internet and Your email address(es). You hereby release AtomicMen from any and all liability that might arise in connection with the use of such information by third parties. Furthermore, we cannot control, and are not responsible for, other Members who use personal information that you supply to them while using AtomicMen. We shall not divulge any of your personal information to other Members on the Website and we highly recommend that You do so with only with caution. We cannot assume any responsibility for the content of Message sent to you or by You while on AtomicMen, and You hereby release AtomicMen from any and all liability in connection with communication between You and others on AtomicMen. We cannot guarantee the accuracy or reliability of any information in Member profiles or Message. As part of the Membership Agreement, you grant to AtomicMen, its affilliates, assignments, employees and successors the right to use, display or otherwise disseminate any photograh(s) uploaded to the site, for the marketing purposes of AtomicMen. This release is made pursuant to Cal. Civil Code 3344 (or any similar statute of any state or municipality. AtomicMen collects email addresses in order to communicate with its Members and allow them to participate in special cross-promotions with AtomicMen partners. For more information on your privacy at AtomicMen, please refer to the Privacy Policy.

ACCEPTABLE CONTENT:
A. Content Guidelines
AtomicMen reviews all profiles and pictures (hereafter collectively "Content") that Members upload to the Website. Furthermore, AtomicMen reserves the right to review personalized notes, Member-to-Member emails and instant message conversations (hereafter collectively "Messages"). Any Content or Messages that do not meet the Website criteria shall be removed and the Member will be notified of such action. AtomicMen has a zero-tolerance policy for Messages of hate. Members who post Content or Messages of this sort may be removed from the Website completely. Members are solely responsible for all Content posted by them to AtomicMen.

B. Commercial Use of Website
AtomicMen is intended as a Website for men to meet each other for the purposes of friendship, dating and relationships. Any and all Content posted for the purpose of commercial gain is not allowed. Commercial information in any Content posting, profile description or uploaded photograph, will be removed. Members are not allowed to send Messages that contain commercial information, advertisements, links to other websites or any other Content that is meant for commercial gain. Members who use the Website in such a manner may be removed without refund.

C. Personal Information
AtomicMen protects the true identity of its Members at all times. All Messages sent through a AtomicMen profile appear as messages coming from the AtomicMen email interface. Your personal email is never revealed on AtomicMen. We must insist that all personal information, such as last name, street address, email address, phone number, Website URL and the like are never posted in profiles, blogs or uploaded photographs. Postings are reviewed by AtomicMen staff and all personal information will be removed.

D. Photographs and Video
AtomicMen allows Members to upload up to (eight) 8 photographs of themselves and one one-minute video for the purpose of meeting other Members. Uploaded photographs and videos may not contain any personal or contact information, such as last name, street address, email address, phone number, Website URL and the like. Any photographs and video containing such information will be deleted by AtomicMen staff. Because of the nature of AtomicMen, any photographs or video containing people under the age of 18 will be deleted. All photographs and video uploaded by a Member must be photos and video only of that Member, and/or a consenting partner of legal age. Certain images, such as fisting, bestiality, minors and bondage with penetration are not permitted on the site at all. Images such as these will be deleted by AtomicMen staff and you will be notified if one of your pictures or your video is removed. At the request of the webmaster, members may have to produce a valid form of identification, such as a driver's license, to prove that they are of legal age. Failure to produce such evidence, if necessary, will result in the deletion of questionable photos or videos.

E. Third Party Rights
Members may not post any information or Content to the Website that in any way infringes the copyright, trademark or any other intellectual property that is owned or controlled by any other person or third party. Further, Members may not post any information or Content to the Website that violates the statutory or common law right of privacy or publicity of any other person or third party. It is each Member's sole responsibility to ensure that the Member owns or otherwise controls the intellectual property rights of all Content that such Member posts to the Website. Should any Member observe that another Member has uploaded information to the Website that appears to infringe any right of a third party, that Member should inform AtomicMen immediately by writing to admin@AtomicMen.net

CODE OF CONDUCT:
AtomicMen reserves the right to revoke membership and take any and all appropriate legal action against any Member who violates its Code of Conduct. The following is a partial list of material and behavior that is inappropriate for AtomicMen. This list is not meant to be exhaustive and AtomicMen reserves the right to determine, in its sole authority and discretion, whether any individual Member violates the Website Code of Conduct. Members will be considered in material breach of the AtomicMen Code of Conduct should they:

(a) Post Content that includes personal or offline contact information, such as any Member's last name, street address, private e-mail address, phone number, website URL or the like; or

(b) Post Content or send Messages that appear intended to entice a Member to visit an outside website or otherwise post Content or send Message that appear to be of a commercial nature or otherwise seek commercial gain; or

(c) Post Content or Messages that appear to harass, threaten or defame another Member or group of Members or any third party; or

(d) Post Content or Messages of bigotry, intolerance or hate; or

(e) Post Content that contains information or images that are owned or otherwise legally controlled by a third party or that violate the intellectual property or proprietary right(s) of any third party, including any statutory or common law right(s) of privacy or publicity; or

(f) Post Content, send Messages or upload files that contain computer viruses, malicious computer code or any other deleterious programming material; or

(g) Post Content or send Messages that solicit personal information, passwords and the like from Members; or

(h) Post Content or send Messages that contain illegal or obscene Content; or

(i) Post Content or send Messages intended, in any way, to exploit any person under the age of 18 (or the applicable age of majority for the jurisdiction of the Member in question).

PROPRIETARY RIGHTS:
AtomicMen is owned by Cold Day in Hell Productions, LLC. All Content on the Website, including, but not limited to, text, software, graphics, programming and database management are the tangible or intellectual property of Cold Day in Hell Productions, LLC, who hereby asserts that all such material is protected by U.S. and international copyright law; all rights reserved. "AtomicMen" and "AtomicMen.com" are the trademarks and/or service marks of Cold Day in Hell Productions, LLC. Members are permitted to use and access the Website only as expressly authorized by AtomicMen. Members are prohibited from copying or reproducing, distributing, displaying or creating any derivative works from any facet of the Website without the express written consent of Cold Day in Hell Productions, LLC.

NO REPRESENTATIONS OR WARRANTIES:
AtomicMen is a Website that is provided to Members without specific representations as to service availability or quality and no express or implied warranties. AtomicMen does not represent or warrant that the Website will function without disruptions, downtime or interruptions. Nor does AtomicMen represent or endorse the accuracy or reliability of any Member's profile, or of any information that a Member posts as Content or sends as a Message on AtomicMen. We will make our best effort to keep the Website fully operational at all times. However, no refunds are given for downtime on the Website. AtomicMen assumes no responsibility for any harm or damage that might arise out of the viewing or downloading of any Content or Message from the Website. Under no circumstances will AtomicMen be responsible for any loss or damage, including personal injury or death, resulting from anyone"s use of the Website, any Content posted or any Message sent through AtomicMen, or any interactions between Members of the Website, whether online, offline or in person.

ASSIGNMENT:
You do not have the right to assign this Agreement or You membership privileges to anyone. Cold Day in Hell Productions, LLC has the right to assign any and all of its rights and duties under this Agreement to any third party. If any of the obligations of Cold Day in Hell Productions, LLC are assumed by a third party, then Cold Day in Hell Productions, LLC shall be relieved of any and all liability under this Agreement.

LIMITATION OF LIABILITY:
Under no circumstances shall Cold Day in Hell Productions be liable to You or to any third party for any indirect, general, consequential, exemplary, incidental or punitive damages, including lost profits or attorneys" fees, arising from a Member"s use of the AtomicMen Website. All Members hereby agree that the liability of Cold Day in Hell Productions, LLC to any Member(s) for any breach of any facet of this Agreement, whether minor or major, shall, at all times, be no more than the amount paid in membership fees for the Member"s or Members" term on AtomicMen.

US EXPORT CONDITIONS:
Use of this Website is prohibited in nations to which the United States has embargoed goods, such as Cuba, Libya, Iraq, North Korea, Iran and Syria, and to anyone on the U.S. Treasury Department"s list of Specially Designated Nationals or the U.S. Commerce Department"s Table of Deny Orders. By using this Website, You warrant that You are not located in an area on any such above list.

DISPUTES:
Any and all disputes arising from the use of this Website and or from this Agreement shall be governed by the laws of the State of California, without regard to its conflict of law principles. All Members hereby irrevocably submit to the personal jurisdiction of the California Superior Court, Los Angeles Judicial District and/or the United States District Court, Central District of California in order to adjudicate any and all disputes that may arise hereunder.

INDEMNITY:
All Members hereby agree to indemnify and hold Cold Day in Hell Productions, LLC, its parents, subsidiaries, affiliates, officers, directors, Members, employees and agents, harmless from any loss, liability, claim or demand, including all attorneys' fees, made against it by any third party that arises out of Your use of the Website in violation of or in breach of this Agreement and/or any breach of Your representations and warranties as set forth above.

OUTSIDE SITES:
From time to time, AtomicMen will partner with third-partners for special promotions. Banner ads with links to outside sites may appear on AtomicMen. By clicking on any banner ad or other link to an outside site, You acknowledge that You are leaving AtomicMen and that the provisions of this Agreement do not apply to any outside website that might be advertised or displayed on the Website. Members are solely responsible for any and all actions that may occur upon entering a third-party site, even if that site is accessed through AtomicMen.

CONTACT US:
Should You encounter any problems with AtomicMen, need technical support, billing support or have general questions, please write to us by sending email to admin@AtomicMen.com or regular mail to Cold Day in Hell Productions, 4110 SE Hawthorne Blvd., #167 Portland OR 97214

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE



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PRIVACY POLICY

The information-gathering process and the privacy and dissemination practices for the AtomicMen website are disclosed below. AtomicMen has created this Privacy Policy to demonstrate our commitment to protecting the privacy of each of our members.

THE INFORMATION WE COLLECT
AtomicMen has been designed as a site where men can meet other men over the Internet Members create a short advertisement, submit their own photographs and make themselves available for viewing by any visitors or members to the AtomicMen site. None of the information AtomicMen provides to other members can be used to specifically identify one of our members to the outside public. However, it is up to the individual member to decide if they want to submit (and make available to all visitors of the site) any information or photograph which may identify them to the public. The information which we specifically request from you (Ad Headline, Description, City and Neighborhood, Where to Meet) cannot be used to specifically identify an individual to the public, other members, site visitors, anyone not employed by AtomicMen, any of its affiliates or the financial institutions we use to process membership charges.

It is up to the sole discretion of the member if they elect to submit photograph(s) which can identify them to the public. It is against AtomicMen policy to include any personal information (such as e-mail address, street address or phone number) in a member's photo, ad headline or ad text.

AtomicMen is a membership-based website. Any visitors to the AtomicMen site may choose to browse the site, search the ads and/or view any articles by signing on for a membership. Members are encouraged to post one-eight public photographs (available for viewing by all members) or private photographs (available for viewing, for a limited time to limited members) to any other members which the member allows.

DEFINITION OF TERMS:
Private Information - This is information which can be used to identify a user outside of the AtomicMen site. Private information would include things such as a user's name, address, e-mail address, credit card information.

Public Information - This is personal information which may be displayed on the AtomicMen site, such as gender, age and height. This information cannot be linked to a particular user. The exception to this would be photos and videos, which are submitted by members themselves.

Aggregate Information - This is information collected which is not personally identifiable, such as browser type and IP address. This information is gathered from all visitors to the site.

PRIVATE INFORMATION:
We use e-mail addresses submitted by members to forward anonymous e-mail. Member's personal e-mail addresses are never visible to other members.

We may use a member's e-mail address to send updates for the site or answers to technical and customer service questions or for co-promotions with third parties.

We may also use a member's e-mail address to send them promotional information. Members have the choice when the join (and on the Contact Us page at any other time) to opt out of having promotional e-mail sent to them.
All other private information submitted by a member will not be disclosed, except as required by law or to protect members of AtomicMen. All private information can be updated or deleted by the user at any time.

PUBLIC INFORMATION:
Public information supplied by the member is meant to be viewed by other members and visitors to the site. This information is used for browsing ads.

AGGREGATE INFORMATION:
AtomicMen uses your server, IP address and browser-related information in the general administration of our website. We will not sell, trade or give away this information without the express permission of the member. The exception to this is a financial institution, which may be employed to process credit card transactions. Should this information need to be made available as required by law or to protect a AtomicMen member, we will do so.

AtomicMen makes chat rooms and message boards available to its members. Please remember that any information that is disclosed in these areas becomes public. We urge members to use discretion in revealing personal information in chat rooms, e-mail and message boards.

USE OF COOKIES:
AtomicMen uses cookies to gather certain system information from members. Should you elect to set your browser not to accept cookies, your usability on AtomicMen may be limited.

PHOTOGRAPHS:
AtomicMen is a site driven by personal ads. Part of your personal ad is your photos. Each member is requested to submit 1-8 public photos, which can be seen to visitors (in thumbnail view) and to members (in thumbnail or standard view) of the AtomicMen site. If you do not want your face or any other identifying features (such as tattoos, piercings, birthmarks) to be visible to visitors of the site, we recommend you do not submit photos or videos with these characteristics as your public photos. As part of the Membership Agreement, you grant to AtomicMen, its affilliates, assignments, employees and successors the right to use, display or otherwise disseminate any information or photograh(s) uploaded to the site, for the marketing purposes of AtomicMen. This release is made pursuant to Cal. Civil Code 3344 (or any similar statute of any state or municipality. AtomicMen members are also allowed to have from one or seven private photos, which they can make available, for a limited time, to members with whom they wish to share. These private photos are not available in full-size for viewing to non-members of the AtomicMen site.

CHANGE YOUR PROFILE/PHOTOS and CANCEL AD
At any time, Paid Premium Access members may change or edit their profiles and/or photos/videos by visiting the My Home Page section of the site. If members wish to have their accounts closed or their ads cancelled, they may do so at any time by sending an e-mail through the Contact Us page.

LINKS
The AtomicMen site contains links to other websites. AtomicMen is not responsible for the privacy policy on other websites and we encourage our members to review the privacy policies on these outside sites while visiting them.
Questions regarding this statement should be sent via e-mail on our Contact Us page.


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SAFER SEX GUIDELINES
AtomicMen has no legal responsibility and no moral stance on what occurs between consenting adults. However, for those who may want to know what is high-risk, low-risk and no-risk, sexually, we offer the following guidelines. Remember, these are only guidelines. We encourage all members to educate themselves, play within their own boundaries of safety and be health-conscious.

AN OVERVIEW
HIV/AIDS and other sexually transmitted diseases are a reality in today's environment. By taking steps to promote safer sex, you can decrease your risk for sexually transmitted diseases.

AIDS is caused by HIV, a virus which weakens the immune system and is transferred from one person to another by infected blood, semen or even possibly pre-cum. You are at risk for HIV if any of these fluids enter your bloodstream. If there is blood present in urine or feces, they can also be transmitters of the HIV virus. As of today, it is not thought that saliva, tears or sweat contain enough HIV for transmission of the virus.

The majority of HIV transmissions occur through either unprotected sex or through the sharing of infected needles and syringes.

BE AWARE
Don't be afraid to talk with your sexual partner to determine their HIV status or the presence of any other sexually-transmitted diseases. Your health and well-being are at stake. Remember, that there are people who are HIV positive, yet they do not know it. For your own safety, it is a good rule of thumb to assume that your partner is potentially HIV positive and capable of transmitting the virus to you.

CONDOMS AND LUBE
When using condoms, always check the expiration date on the condom package. Store your condoms in a cool, dry place. Keep them in a convenient place where they are always available. When using lube with condoms, use only water-based lubricants. Oil-based lubricants such as Crisco, Vaseline and body/hand lotions should be avoided, as they can cause the condom to weaken and break.

ANAL SEX
Unprotected anal sex offers the highest risk of transmission of the HIV virus between men. Experts suggest using a latex condom with a water-based lubricant to reduce risk of HIV transmission during anal sex. Pulling out before ejaculating and discarding the condom is also recommended to minimize risk.

ORAL SEX
While oral sex is considered much safer than anal sex, there is still the possibility of transmission of the HIV virus during oral sex. Avoid brushing or flossing your teeth for an hour before or after oral sex. If you are concerned about oral hygiene, it is recommended that you use an antiseptic mouthwash.

Pre-cum can carry the HIV virus. Avoid oral contact with the head of the penis if pre-cum is present. Condoms are recommended as a way to keep pre-cum or cum from entering the mouth. Do not let your partner cum in your mouth. If he does cum, do not swallow the semen. Spit out the semen, then rinse your mouth with an antiseptic mouthwash. Following this, wash around your nose and mouth with antibacterial soap.

RIMMING
Rimming is not a risk for HIV, unless there is blood or other fluids present. However, parasites and other sexually-transmitted diseases such as hepatitis can easily be transmitted during rimming. To avoid risk, use a dental dam, plastic wrap or a condom, cut length-wise. Making sure the area is clean, through showering, is also an easy way to reduce risk. After rimming, wash your nose and mouth with antibacterial soap and use an antiseptic mouthwash.

FINGERING/FISTING
If there is any amount of blood present in feces, it is possible to transmit the HIV virus to an open sore. Reduce your risk by wearing finger cots or latex gloves. Protect any cuts, sores or open wounds on your hands.

TOYS
To ensure their cleanliness, bring your own toys. If you share toys, place a clean condom them before using. Cleaning toys with hot water and soap will reduce the risk of transmitting the HIV virus. If you use bleach to clean your toys, be sure to clean them with soap and hot water afterwards.

SYRINGES
Substance abuse can lower your tolerance against certain sexually-transmitted viruses. It can also affect your judgment. If you share needles or syringes, you put yourself at a high-risk for HIV transmission. Don't share needles.

SAFE SEX ALTERNATIVES
Massage, mutual masturbation and frottage are all sexual activities which involve no semen, blood or pre-cum fluids.


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CHAT AGREEMENT

YOU MUST READ THIS AGREEMENT AND ABIDE BY THE TERMS BELOW BEFORE ENTERING CHAT AREA(S)!

AtomicMen will not monitor the chat discussions in this area and is not responsible for, nor has any obligation to remove, content that you may find objectionable or offensive. Discussions and other postings may not be appropriate for all users. Upon entering this area(s) that contain adult and/or mature content - you have hereby read and agreed to the following terms of use: You hereby affirm upon entering you are an adult (18 years or older) and have read and understand this Adult Content Agreement. The terms of this Agreement will inure to the benefit of AtomicMen, it's parent companies, affiliates, successors, assigns, and licensees. You understand that the discussions and postings in this Adult Content Area may involve language, content, images and themes of an adult and/or controversial nature. You understand that all postings reflect the views of the respective authors and are not the views of AtomicMen. AtomicMen has no obligation to delete discussions that you may find objectionable or offensive. IN NO EVENT WILL AtomicMen BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA OR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IN THE EVENT AtomicMen IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR CASUAL STATEMENTS. This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to your actual state or country of residence. Any waiver, amendment or other modification of any provision of this Agreement will be effective only if in writing and signed by AtomicMen. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.


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