Last Revised December 2024
This is a legal agreement between You and ACK Enterprises, LLC, doing business as DiscoDickNYC.com. The provisions of this Agreement will govern Your use of Our Website. The policies, terms, and conditions detailed below limit DiscoDickNYC.com's liability and obligations to You and allow DiscoDickNYC.com to change, suspend, or terminate Your access to and use of the Site.
If DiscoDickNYC.com accepts Your Membership application, You will become a “Member” having access to the Site only under the policies, terms, and conditions listed below.
We urge You to carefully read the following terms and conditions, and all related policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the Membership Agreement by reference and provide additional information, terms, and conditions for the Privacy Policy.
If there is ever any conflict between the terms or conditions outlined in related policies and this Membership Agreement, the terms and conditions of the Membership Agreement shall supersede all others.
By 'Accepting' the terms and conditions of this Membership Agreement, You understand that You accept all terms and conditions. You also demonstrate acceptance of this Membership agreement by registering to the Site, communicating with Members of the Site, utilizing any of the available content on the Site, and by distributing content on the Site. By doing so, You agree to be obligated to the terms and conditions of this Membership Agreement.
Any and all usage of the Site is regulated by the terms and conditions outlined in this Membership Agreement, the Policies presented on the Site, and any notifications communicated through the Site. All Users must accept the terms and conditions set forth in this Membership Agreement in order to use and access the Site. If You do not accept the regulations of this Membership Agreement, then You may not use or gain admittance into the Site.
The Site is available for use only to persons who are at least eighteen (18) years old, or twenty-one (21) years old, depending on the age of majority in Your jurisdiction, and are otherwise capable of forming legally binding contracts under applicable laws. DiscoDickNYC.com may, in their sole discretion, require proof from Members that they have attained the age of majority in their jurisdiction prior to using the Site. Failure to produce proof of age will result in termination of Your Membership.
You agree not to use or access the Site or become a Member if doing so violates any law, regulation, decree, treaty, or administrative act of Your state, province, or country. DiscoDickNYC.com makes no representations that the Site or any contents it contains are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. In addition, You cannot access the Site if You reside in a country that is prohibited from entering into trade relations with the United States or its citizens. Countries include but are not limited to Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, and Yugoslavia. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Members.
DiscoDickNYC.com reserves all rights in its sole option to amend or terminate the Site, or adapt the terms and conditions of Your usage of the Site, without notification. All amended changes to the terms and conditions will be operative thirty (30) days after they are originally displayed on the Site. All updated versions of the Membership Agreement and Policies will supersede all previous versions upon posting.
DiscoDickNYC.com will attempt to take necessary steps in order to notify You of changes to the Site's terms and conditions; however, it will remain Your responsibility to regularly check the Site for updates to the Membership Agreement and Policies.
If You do not agree with any changes to the Membership Agreement or any other changes to the policies of the Site, Your only viable alternative is to cease using the Site. By remaining to use any of the features of the Site, You accept and agree to be obligated to any of the modifications of the Membership Agreement, policies, or business practices of the Site. You agree to take full responsibility for Your failure to review changes to the Site's new terms and conditions. DiscoDickNYC.com will not be responsible for Your neglect of Your legal rights.
You authorize DiscoDickNYC.com to possess the right at any location in time to suspend or terminate Your membership and disable Your future use and/or access to the Site without any reason or prior notice to You in the event that any of Your actions or decisions breach this Membership Agreement, infringe on any current policies on the Site, potentially violate any laws or statutes, or in cases where DiscoDickNYC.com deems, in good faith, that Your actions may be harmful to You, any Members, DiscoDickNYC.com, or the Site, in any manner. In those particular instances and in situations where DiscoDickNYC.com is unable to confirm or validate any billing or payment information You offer to the Site, DiscoDickNYC.com may contact Your affiliated bank and/or the relevant authorities or administer appropriate action without notice to You. DiscoDickNYC.com reserves the right, at any point, to terminate a Member's account due to inactivity if You do not access Your account or subscribe to any Membership Package for a period of three (3) consecutive months or more.
You reserve the right to terminate Your Account and association with DiscoDickNYC.com at anytime if You are dissatisfied with any
You can terminate Your Membership with DiscoDickNYC.com by reaching us via email or our web contact form.
Your notice of termination will be effective upon receipt by Us.
You agree that if Your Membership is terminated by Us, for whatever reason, You will not attempt to re-register or use the login details of an existing Member, using the same or different username or using the same or different IP address, without prior written consent from Us. Members will not knowingly allow terminated Members to use their active account. Failing to comply with this ordinance will result in the immediate termination of all Members proven or suspected to be involved.
You are exclusively liable for any and all use made of the Site under Your password and Member account information and agree to pay for all Products bought using Your password and Member account information.
You hereby grant DiscoDickNYC.com the permission to allow Our payment processor to collect fees for each Transaction by debiting Your Membership account immediately upon the finality of each Transaction, irrespective of the quality or the completeness of the Product. You authorize DiscoDickNYC.com, openly or through third parties, to create any investigations we consider necessary and reasonable to authenticate Your Member account. This may include assembling a credit report and executing other necessary credit checks or otherwise confirming the information You provide to the Site.
You agree that You will not authorize, enable, permit, or facilitate access to and/or use of Your account to non-Members and/or existing Members. You are solely responsible for all usage or activity related to the Site made under Your password and Member account information. You agree not to disclose Your password and Member account information to any individuals and to monitor and track all activities that occur under Your Member name, password, or member account, including but not limited to all prior and outstanding transactions, postings, public messages, and all usage of the Site as You are the sole party responsible for any activity on Your account.
You do not hold DiscoDickNYC.com liable or responsible for any loss, whether financial or not, that You may incur due to the unauthorized use of Your Member account and password. You also agree to the terms outlined in the Privacy Policy regarding Your information which You provide to the Site.
Based on Member account use and other factors identified by DiscoDickNYC.com or its payment processor, in its sole discretion, DiscoDickNYC.com may request verification of Your identity, age, nationality, and/or other background information in order for You to continue to use the Site and to be allowed to post Content. Accordingly, You agree to deliver any additional information that may be requested by DiscoDickNYC.com. You consent to DiscoDickNYC.com's release of Your personal information to third-party service providers, such as but not limited to DiscoDickNYC.com's payment processor or law enforcement, in order to verify Your identity, age, nationality, and/or other background information.
You may not allow minors to access the Site through the use of Your Membership Account.
DiscoDickNYC.com owns all legal and intellectual rights to the titles, procedures, systems, devices, content, processes, format, designs, logos, URLs, buttons, patents, copyrights, trademarks, likenesses, intellectual property, derivative works, improvements, and features. No use of such materials, tangible or intangible, owned by DiscoDickNYC.com or the Site may be used, shared, or displayed in any manner unless with expressed written consent by DiscoDickNYC.com. Additionally, You agree and recognize that over time Your username may be given to another Member in the event Your account is not currently active or in the event that Your account is closed.
You expressly agree that Your use of the Site or any services contained therein is at Your own and sole risk. You also understand that any material and/or data downloaded, uploaded, or otherwise obtained and transmitted through the use of the Site or any of the Material contained therein is done at Your own risk. The Site and any Products or goods obtained through the Site are provided “As Is” with no warranty or guarantee of any kind, expressed or implied, regarding the Site and any Products, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose, or non-infringement.
DiscoDickNYC.com also makes no warranties or representations that the Site or its service or any materials contained therein will be uninterrupted, timely, secure, or error-free, nor do We make warranties or representations as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or its services and materials. Furthermore, DiscoDickNYC.com cannot guarantee that Products will be successfully delivered to our Users/Customers whether or not such failure is due to circumstances within Our control or through other outside forces.
In addition, DiscoDickNYC.com makes no representation or warranty that the operation of the Site will be error-free. Some states do not allow the exclusion of warranty, so the above exclusion may not apply to You.
Under no circumstances will DiscoDickNYC.com be held liable to You, or any third party, for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the Site or Products, whether or not DiscoDickNYC.com has been advised of the possibility of such damages.
Without limiting the generality of the foregoing, DiscoDickNYC.com and its suppliers' aggregate liability to You arising with respect to this agreement will not exceed one hundred dollars ($100). DiscoDickNYC.com will not be liable for the consequences of any interruptions or errors. However, due to some jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, the above limitation and exclusions may not apply to You.
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide DiscoDickNYC.com's Copyright Agent listed below with the following information required under 17 U.S.C. § 512 of the DMCA:
Upon receipt of notice as described above, DiscoDickNYC.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
If You believe that Your federally registered trademark is being used in a way that constitutes trademark infringement, please provide DiscoDickNYC.com's Trademark Agent with the following information:
Upon receipt of notice as described above, DiscoDickNYC.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DiscoDickNYC.com's Trademark Agent for notice of claims of copyright infringement on or regarding this Site can be reached via email.
DiscoDickNYC.com may provide links to websites that are owned and operated by third parties. Such links are provided for reference only, and DiscoDickNYC.com neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Therefore, You acknowledge and agree that We are not responsible or liable for content, advertising, services, products, or other materials on or available from such websites and resources. In addition, You acknowledge and agree that We shall not be held responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused to You by or in connection with the use of third-party websites.
Any notice or other communication required by Us to You will be given in writing and sent via email to the address provided to Us by You. Any notice or other communication from You to Us should be sent via email to the appropriate address to which Your communication relates.
It is the responsibility of both parties to notify the other party of changes to their email address. DiscoDickNYC.com will accept no responsibility for notices not received due to You not maintaining Your contact details and keeping them up to date.
The date of receipt shall be deemed the date on which such electronic notice is transmitted. Any correctly addressed notice that is refused, unclaimed, or undelivered, because of an act or omission of You to be notified, shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the email server. DiscoDickNYC.com will take no responsibility for notifications not received.
If there is a dispute or controversy between DiscoDickNYC.com and You arising out of or otherwise relating to this Membership Agreement, and the two parties cannot in good faith resolve the dispute, then the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association.
The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore provisions of this Membership Agreement; and shall be bound by governing and applicable laws.
The arbitrator's decision shall be final and non-appealable. The arbitration shall be conducted in Pittsburgh, Pennsylvania, and the judgment on the arbitration award may be entered in any applicable court's jurisdiction.
In the event that any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
All referenced website names constitute service mark(s) and/or trademark(s), and any word, slogan, or brand appearing on Our Site with a TM designation qualifies as Our trademark or service mark.
“DiscoDickNYC.com”, the DiscoDickNYC.com logos, and all likenesses are copyrights of ACK Enterprises, LLC, and We either own or have rights to display all of the Materials thereupon. You may not use any of the Materials without Our expressed written consent.
DiscoDickNYC.com strictly enforces Our intellectual property rights and any infringement will be prosecuted to the fullest extent of the law.
If for any reason any provision of this Membership Agreement, or any portion thereof, is found to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible or shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall be enforced.
DiscoDickNYC.com's actions in regards to violations and enforcement of this Membership Agreement on its Members or You does not pardon or set precedent for DiscoDickNYC.com's decisions regarding future, related, or comparable violations and enforcements of this Membership Agreement. DiscoDickNYC.com makes informed decisions on a case-by-case basis and does not have to provide an explanation of its rulings.
All parties agree to exclusive jurisdiction and venue in, and only in, Pittsburgh, Pennsylvania, and agree to hereby waive any right to assert the doctrine of forum non-conveniens.
This Membership Agreement, along with the guidelines, procedures, and policies of DiscoDickNYC.com, establishes a binding agreement between DiscoDickNYC.com and You with respect to the subject matter contained in such an agreement.
You approve and permit the use of electronic processes to finalize this Membership Agreement, to DiscoDickNYC.com, and to make available to You any notices related to this Membership Agreement, and electronic records to collect information regarding this Membership Agreement or Your usage of the Site.
You can request a copy of this Membership Agreement or any other Policy in PDF format by sending Us an email stating the required policy.
You understand and agree to this Membership Agreement and any notices given pursuant to this Membership Agreement are enforceable in electronic format.