Terms of Use

SpermCenter, LLC Terms of Use

SpermCenter, LLC’s Terms of Use defines our relationship with anyone who visits, becomes a member of or posts content to SpermCenter.

WE ARE NOT A SPERM BANK - WE ARE AN INFORMATION RESOURCE.
 

Definitions

1. By "SpermCenter, LLC," “Website,” “SpermCenter.com” or “SpermCenter” we mean the features and services we make available, including through (a) our website at www.spermcenter.com and any other SpermCenter branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) other media, software, devices, or networks now existing or later developed.
2. By "us," ”website,” "we" and "our" we mean SpermCenter, LLC.
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" or “user content” we mean anything you post on SpermCenter that would not be included in the definition of "information."
5. By "data" we mean content and information third parties can retrieve.
6. By "post" we mean adding content, comments or information to any area of our website.
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By visiting, using or accessing SpermCenter, you agree to these Terms of Use:

Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content and information.

Sharing Content and Information
You own all of the content and information you post privately on SpermCenter. You can control how your Personal Content (PC) is shared through your privacy settings.

SpermCenter reserves the right to use any public content for marketing, promotional or advertising purposes. Public content is defined as any content not set to private by users. This includes forum posts, public group posts, success stories and any other publicly accessible content.

In Addition:

1. Any PC you post to your account is subject to your privacy settings. Personal Content includes, but is not limited to, journal entries, tweets, blog posts, comments on any other member’s blog or SpermCenter’s blog, forum posts, videos, pictures, profile background images and any other content you upload, post or add to your account or any other area on SpermCenter.
2. We may approach you to use any restricted PC for marketing or promotional purposes, but may not do so without your explicit consent. SpermCenter does reserve the right to access, at its discretion, your account or any PC at any time to include, but not limited to: requests for password retrieval, debugging website settings, updating content on the website and any Terms of Use violations.
3. When you delete PC, you understand and acknowledge that, even after removal, copies of user content may remain viewable in cached and archived pages or if other users have copied or stored your user content.
4. You add and delete content at your own risk and SpermCenter is not responsible for any lost or deleted content or problems stemming from your account settings (or lack therof).
5. When you publish content or information without any privacy settings, it means that everyone, including non-members, will have access to that information and we may not have control over what they do with it.
6. We always appreciate your feedback or other suggestions about SpermCenter, but you agree we may use it without any obligation to compensate you. Conversely, you have to obligation to give it.
7. We reserve the right to remove PC at any time if it has been proven to infringe on another person’s copyright.
8. You will not use SpermCenter’s copyrights or trademarks (including SpermCenter and the SpermCenter logo) its website layout, website design or any confusingly similar marks, without our written permission.
9. Posting your own or another person’s sensitive identification information on SpermCenter (including, but not limited to, financial statements, driver’s licenses, medical information or social security numbers) is prohibited. It is grounds for immediate termination without a refund of your membership fee.
10. SpermCenter.com has full authority over all user, advertiser or affiliate content on this website. We can remove any content or information you post on SpermCenter, at any time, at our sole discretion, whether or not it violates our Terms of Service.

Safety, Registration and Account Security
We are dedicated to ensuring SpermCenter is a safe environment for everyone who visits or becomes a member of our website.

However, the best security occurs when users take personal responsibility for their actions. If you use SpermCenter in any capacity, you agree to abide by the following rules:

1. Sending or otherwise posting unauthorized commercial communications (like spam) on SpermCenter is prohibited.
2. You will not collect users' content or information, or otherwise access SpermCenter, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not conduct unlawful multi-level marketing schemes or campaigns on SpermCenter.
4. You will not solicit, sell or otherwise promote your product to any of SpermCenter’s users via any personal journal, forums or other area of the website without explicit permission, in writing, from SpermCenter.
5. Uploading viruses or other malicious code is prohibited.
6. Soliciting login information or access to an account belonging to someone else is prohibited.
7. Bullying, harassing or intimidating other users is grounds for immediate termination of your account without refund of your membership fee.
8. Posting content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence is grounds for immediate termination of your account without refund of your membership fee.
9. No promotions of any kind, including contests, giveaways, or sweepstakes are allowed through SpermCenter without our prior written consent.
10. Using SpermCenter to do anything unlawful, misleading, malicious, or discriminatory is grounds for immediate termination of your account without refund of your membership fee.
11. You will not do anything that could disable, overburden, or impair the proper working of SpermCenter, such as a denial of service attack.
12. You will neither encourage nor participate in any violations of SpermCenter’s Terms of Use.
13. You will not provide any false personal information or create an account for anyone other than yourself without permission on SpermCenter.
14. You will not use your personal profile for your own commercial gain.
15. You must be 18 years or older to access SpermCenter.com. If we find out you are under 18 it is grounds for immediate termination of your account without refund of your membership fee.
16. You will not use SpermCenter if you are a convicted sex offender.
17. Keeping your contact information accurate and up-to-date is your responsibilityYou may not transfer your SpermCenter account to anyone else.
18. If you choose your donor, it is your responsibility to verify any and all information with the sperm bank associated with that donor. If you are ready to purchase sperm, you, and you alone, are responsible for making your own inquiries and dealing directly with the providers listed on SpermCenter.com.
19. SpermCenter.com bears no liability and makes no guarantees regarding third parties we represent on our website, including but not limited to sperm banks, other members, visitors, sperm donors and fertility professionals.

Impartiality
SpermCenter.com gets its information directly from the banks themselves and presents it to you in an easy-to-use format. SpermCenter.com does not alter the donor catalog data it receives except to standardize it to facilitate comparison of different donors from different banks.

If you are a sperm bank, it is your responsibility, not SpermCenter’s, to ensure we have the most accurate, up-to-date information on your donors.

SpermCenter.com's goal is to provide information that is as reliable and accurate as possible. However, since SpermCenter.com merely collects, organizes and republishes information obtained from others, the information is only as reliable as the source. SpermCenter.com does not assume responsibility for inaccuracies in the information presented.

Sperm Bank Information and Other Fertility Professionals
SpermCenter.com reserves the right to remove any provider from the listings for any reason.

Medical Information
We are NOT health care professionals and don't dispense medical advice.
Any information gained from SpermCenter.com or given as a result of communication with any SpermCenter employee is subject to section 3 of the “Disputes and Legal Information” statements below.
Always consult your doctor or health care provider before making important decisions about your heath or pregnancy.
SpermCenter.com is not liable for any outcome, or any damages or liability, that may result from the use of information obtained on our site in either direct or indirect form.

Amendments
SpermCenter reserves the right to update, change or otherwise modify the content or information on the website, including payment terms, at will, without member notification. If such information is changed, it will be reflected on the website and only applicable to new members. It will be solely be the responsibility of members to check the site for recent changes or updates.

Membership and Account Termination
 

If you violate the letter or spirit of SpermCenter’s Terms of Use, we reserve the right to delete your account and you forfeit your membership fee.

Disputes and Legal Information:
You may resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.

If anyone brings a claim against SpermCenter, LLC related to your actions, content or information, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claims.

WE TRY TO KEEP SPERMCENTER.COM OPERATING SAFELY AND SMOOTHLY BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SPERMCENTER "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION AND NON-INFRINGEMENT.

1. WE DO NOT GUARANTEE THAT SPERMCENTER WILL BE SAFE OR SECURE. SPERMCENTER IS NOT RESPONSIBLE FOR THE ACTIONS, DECISIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, WHO COME TO OR LEAVE THE WEBSITE SPERMCENTER.COM, INCLUDING BUT NOT LIMITED TO WEBSITE MEMBERS, WEBSITE VISITORS, SPERM BANKS OR OTHER FERTILITY PROFESSIONALS THAT APPEAR ON OUR WEBSITE;
2. YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR;"
3. WE ARE NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR SPERMCENTER.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
4. WE ARE NOT MEDICAL PROFESSIONALS AND DO NOT DISPENSE MEDICAL ADVICE. ANY INFORMATION TAKEN FROM THE WEBSITE OR EXCHANGED THROUGH EMAIL OR OUR CONTACT FORM OR OTHER COMMUNICATION WITH SPERMCENTER’S EMPLOYEES, AGENTS, DIRECTORS, OFFICERS OR PRINCIPLES IS DONE AT YOUR OWN RISK AND YOU RELEASE US, OUR DIRECTORS, PRINCIPLES, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US RESULTING FROM THE INFORMATION YOU GET FROM SPERMCENTER.COM;
5. AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE OR SPERMCENTER WILL NOT EXCEED THE GREATER OF TWENTY FIVE DOLLARS ($25) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SPERMCENTER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW;
6. The Terms of Use make up the entire agreement between the parties and supersede any prior agreements regarding SpermCenter, LLC;
7. If any portion of the Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect;
8. If we fail to enforce any of these Terms of Use, it will not be considered a waiver;
9. You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent;
10. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise;
11. Nothing in these Terms of Use shall prevent us from complying with the law;
12. These Terms of Use do not confer any third party beneficiary rights.