Male Enhancement Over 50.com Legal Disclaimer Regarding Comparative Reviews On This Site
- It is well settled in U.S. Federal Law that no infringement of copyright or intellectual property exists when registered trademarks of any brand or company are used according to both “Nominative Use” and “Fair Use.”
- Nominative use, also “nominative fair use”, is a legal doctrine that provides an allowed defense to trademark infringement by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own.
- Fair use is a US legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders.
The nominative use test essentially states that one party may use or refer to the trademark of another if:
1 The product or service cannot be readily identified without using the trademark (e.g. trademark is descriptive of a person, place, or product attribute).
2 The user only uses as much of the mark as is necessary for the identification (e.g. the words but not the font or symbol).
3 The user does nothing to suggest sponsorship or endorsement by the trademark holder. This applies even if the nominative use is commercial.
- Furthermore, if a use is found to be nominative, then by the definition of non-trademark uses, it can not dilute the trademark. Nominative use does not require that ownership of the trademark be acknowledged.
- There is nothing illegal about using any registered trademark for the limited use to discuss a product in a comparative way on a news review site in a comparative context. This is because there is no other way to review competitive products without identifying them by name.
- Any and all photos of competitor products shown on Male Enhancement Over 50.com are unique photos of our personally owned products. The products shown are personally owned by Male Enhancement Over 50.com, and photos shown are unique photos of these owned products. Because these are unique photos of our own owned products, we own the rights to any photos shown of competitor products. Thus, there is no copyright infringement of intellectual property in any way.
- Because all content on this website is therefore 100% original content there is no legal basis for any party to request removal of any post, page, article, or photo on maleenhancementover50.com under Section 512(c) of the Digital Millennium Copyright Act (“DMCA”)
These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. These products do not require a prescription or doctor approval as these products are herbal and do not contain prescription ingredients. Results in the Testimonials may not be typical and individual results may vary. Not all people will obtain the same results. Consult your physician before trying any male enhancement product to avoid any health issues. If you have any health conditions or prescriptions, please consult your physician before trying any male enhancement product.
This is an editorial website featuring news, features, and comment forums. We may receive compensation from time to time for any advertising, links or reviews appearing on this site. We never consider reviewing products unless we first sample them and feel they have tremendous value for our visitors over age 50.
Last Updated and Effective: August 20, 2015
Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site or Company’s (as hereinafter defined) products and services.
This Site is owned and operated by maleenhancementover50.com (“Company”, “we”, “our” or “us”). Company reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting of the Terms. You thus should visit this page periodically for changes. This Site is continually under development and changes to this Site may be made at any time. Any changes to the Terms are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted by Company constitutes your acceptance of such change. As such these Terms shall be considered legally binding and shall govern your use of the Site, as well as your purchase of any Company products.
Use of Services
Company may provide certain services through the Site or other websites controlled by Company. Such services may require that you agree to additional terms and conditions applicable to such services. Those terms and conditions will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those terms relate.
This Site is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. By using this Site, you affirm that you are over the age of 13. Company does not seek through this Site to gather personal information from or about children under the age of 13.
Any persons aged 13-17 must only use the Site and Company’s products and services if under the close supervision and direct involvement of a parent or guardian.
Any and all information included on this Site is intended as general information, but should not be construed as medical advice, healthcare advice, legal advice, nor should it be used to diagnose, treat or address any medical or health problem. The information furnished on the Site should never replace, substitute or supplement the advice and services of a qualified healthcare professional, physician, or other medical practitioner. Before using any of the products or services of Company, you should consult with your physician or qualified medical practitioner.
Notice of Contact Information
If you should have any questions or concerns regarding the arrangements of the Terms, or should wish to speak to a representative of Company for any reason, please contact us at any of the following:
In order to provide for the full enjoyment and use among members of the community, Company facilitates interaction and discussion by site users, allowing for the uploading of personal information, including photos and other media. Company may or may not be involved in the monitoring of such forums, nor are we under any obligation to do so. Company will not be responsible or liable to any party for the content of any information posted by users of the Site. Company retains the right to remove, refuse, or edit any information uploaded by users if, in our opinion, such material does not comply with the standards of Site content outlined below.
Users are prohibited from posting any content that interferes with the full use of the Site and enjoyment by other users, including information or content that is erroneous, threatening, unlawful, libelous, defamatory, obscene, sexually oriented, invasive of one’s privacy, scandalous, inflammatory, pornographic, false, profane, encourages involvement in unlawful or criminal conduct, gives rise to civil liability, or otherwise violates any law. Company agrees to fully cooperate with law enforcement officials or court orders requesting or directing Company to disclose the identity of persons posting any such information or materials. You agree that you will comply with all applicable local, national, and international laws and regulations that relate to your activity on this Site, including without limitation, laws regarding the transmission of technical data and online activity.
You must exercise caution, good sense and sound judgment in using the Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Company will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Additionally, by using this Site, you agree to maintain and support the security and stability of the site. For this reason, you must make no attempt to disrupt or interfere with any and all site security measures. You must refrain from interrupting or altering the functioning of site services, system resources, accounts, servers, email accounts, service providers, or networks that are connected with the Site, linked sites. You must not attempt to access portions of the site that are not intended for general access, nor should you attempt to access the personal account of any other users.
Other Prohibited Activities
In using this Site, you agree not to:
• Send or otherwise transmit to or through the Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind;
• Misrepresent your identity or affiliation in any way;
• Restrict, discourage or inhibit any person from using the Site, disclose personal information on the Site or obtained from the Site or collect information about users of the Site;
• Reverse engineer, disassemble or decompile any section or technology on the Site, or attempt to do any of the foregoing;
• Gain unauthorized access to the Site, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise transmit to or through the Site or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing, advertising or promoting goods and/or services;
• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Violate any applicable laws or regulations or these Terms; or
• Assist or permit any persons in engaging in any of the activities described above.
Materials Submitted to Site
This section governs any material that you transmit to or through the Site or to us through email outside of a Forum. As with information posted to a Forum (as set forth in the Forum terms below), you are responsible for any such submitted material. You agree, represent and warrant that any information you transmit to or through the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. You must not transmit any material to or through the Site or to us through email that you consider to be confidential or proprietary. Any material that you transmit to or through the Site or to us through email will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.
Any violation by you of the following terms and conditions regarding your use of the Forums may result in the termination of your right to post messages to a Forum.
You are obligated to register in order to access and read messages posted to the Forums or to post a message to a Forum. However, if you choose to register on the Site before posting a message, you will be asked to disclose personal information (including your name and email address), and to select a screen name. Please keep in mind when choosing a screen name that whenever you post a message to the Forum, your screen name will automatically appear with your posted message. Company may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or is vulgar or otherwise offensive.
You will also be asked to select a password when you register. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. You agree to notify Company of any unauthorized use of your password or any other breach of security with respect to your account. Company will not be liable for any loss or damage arising from unauthorized use of your account.
You agree to provide true, accurate, current and complete information about yourself as requested in the registration form. You also agree to update the information about yourself promptly as necessary to keep it current and accurate.
Information in Submitted Messages
You must exercise caution, good sense and sound judgment in submitting messages to be posted to a Forum. You are responsible for any material you submit in a post. You agree, represent and warrant that any information you post is: truthful, accurate, not misleading and offered in good faith; not invasive of another’s privacy, abusive, threatening or obscene; not infringing upon the copyright, trademark or other intellectual property rights of others. You further agree, represent and warrant that you have the right to post or transmit such information. The content of such information, whether publicly posted or privately transmitted, is your sole responsibility.
You must not post any material to a Forum that you consider to be confidential or proprietary. Any material that you post will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.
You may delete any of your messages posted to a Forum at any time by sending an email to through our contact form and requesting that the particular message be deleted.
The Forums may be moderated by employees of Company (each a “Moderator”). The Moderators may review your submitted messages, including any attached materials such as linked websites and pictures, and may edit or reject the messages at their discretion for any or no reason. Submitted messages that may be edited or rejected by the Moderators include, but are not limited to, messages that are deemed to be offensive, infringe on copyright rights of others, impersonate an individual, misrepresent a relationship with any person or organization, encourage others to commit illegal acts or to harass individuals, or advertise or promote goods and services. To have messages posted, the comments must be on topic.
Messages considered offensive by any registered user of the Forums may be reported to the Moderators by sending an email through contact form.
You further agree that Company has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you post to a Forum.
Under applicable copyright law, the author of any post is the owner of the copyright in the post. Aside from the license that all registered users have granted to Company upon submitting a message as stated above, no one visiting the Forum is licensed to copy, reproduce, republish, modify, transmit or distribute in any way any of the messages, or any portion of the messages, posted to the Forum without the prior written permission of the copyright owner.
Company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any messages posted to a Forum, or endorse any opinions expressed in such posts. You acknowledge that any reliance on material in posted messages will be at your own risk.
Most of the content posted to the Forums is provided by third parties like you. Company is not responsible for this third-party content.
Use of This Site by Children
Although the Website may be accessed by children under the age of 13, we will not knowingly collect, maintain or use any personal information from such children, and no part of Company’s services are directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THIS COMPANY’S SERVICES AT ANY TIME OR IN ANY MANNER.
If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases. If you are a parent or guardian and discover that your child under the age of 13 has obtained a Company account, then you may alert Company at contact form and request that we delete that child’s personal information from our systems.
Information Collected About You and Our Use of Such Information
The following describes the types of personal and other information we may collect about you, and how we use and maintain that information:
In general, you may visit the Website without revealing any personal information other than technology-related information described in the section below. However, to register with the Website, place an order, or participate in member interaction, you will be required to provide personal information such as, but not limited to, your name, mailing address, e-mail address, date of birth, gender, phone number, billing/credit card information and other information you may provide to us. We also collect and store any personal information and other data you have provided to us via the Website, by email, or otherwise.
We use this information to respond to any inquiries you may submit to us, to track and monitor usage of the Website and to communicate with you about your account and your use of the Website. In addition, we may use this information to send you periodic publications associated with Company and/or Company’s products, unless you inform us that you opt out from receiving such communications via email. We also use this information to operate the Website; in particular, to facilitate postings on our discussion forums. We may also use this information for targeted advertising and other marketing purposes. We may also use this information to measure the Website’s effectiveness, tailor our products and services, better advertise to suit the personal interests of you and others, estimate our audience size, and any other use that Company believes may enhance your experience using the Website.
The Website collects and stores information that is generated automatically as you navigate through the Website. This aggregate information is collected site-wide, and includes anonymous website statistics. The Website also employs browser cookies to store users’ preferences and record session information. “Cookies” are bits of information that are stored by your browser on your hard drive. This technology allows for the storage of user preferences, user ID and password, if applicable, and remembers you when you take action on the Website. You can turn off the “cookie” function through most standard browsers; however, the majority of the features on the Website may not function properly, including but not limited to, the login and order functions, if the ability to accept cookies is disabled.
In addition, when you visit the Website our system automatically collects information such as your web request, Internet Protocol (“IP”) address, numbers assigned to your computer by your Internet Service Provider (ISP), browser type, browser language, domain names, referring and exit pages and URLs, platform type, number of clicks, clear gifs, internet tags, landing pages, pages viewed and the order of these page views, the amount of time spent on particular pages, network traffic monitoring, active scripting, the date and time of your request and the unique identity of your browser. This information is used to analyze trends, administer the Website, improve the design of the Website, track user movement, and otherwise enhance the services we provide.
We may retain any data you provide to us in an email or other inquiry, to track the types of questions we receive, analyze trends, administer the Website and services we offer, improve the design of the Website and services we offer, track user movement, and otherwise enhance the services we provide.
Disclosure and Use of Information
We will comply with any subpoenas, court orders or other legal processes for any of the information about you in our possession, and we may use such information to establish or exercise our legal rights, or to defend against legal claims. We reserve the right to disclose your personal information, including data on which pages you have visited, to third parties if we feel it is necessary to protect our systems, Website, business, users or others.
In addition, information about you in our possession may be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of the company. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy nor shall Company be liable for any security breaches that may occur after the transfer of information.
We use your personal information to process orders, maintain your membership, store information, and provide marketing or promotional materials. We may also disclose your personal information to authorized contractors used by Company to support our business and provision of services to you (such as, but not limited to, fulfillment services, customer service, technical support, delivery services, and financial institutions). We will request that such third parties agree to treat your personal information in keeping with the guidelines set forth within this Policy. We may, at our discretion, disclose personal information, when deemed necessary or appropriate, to law enforcement or authorized government organizations, to protect our rights or the rights of others, to prevent identity theft and harm to persons or property, to fight fraud, to ensure the integrity of our business, or to otherwise protect the right, property, or safety of Company and our employees or others.
In addition, we may make full use of all information acquired through the Website that is not in personally identifiable form, as indicated above. This includes the disclosure of non-identifying transaction information to third parties for the purpose of accounting and record keeping. Disclosure of non-identifying information such as aggregate user data and other similar data may also be provided to prospective business partners, advertisers, and others.
Once you register with Company, we may send you administrative-related emails, as well as emails to facilitate your access to Company’s services, including providing you with related updates. We may not offer you the opportunity to opt out of receiving these communications. If you want to stop receiving these communications, contact use via email at contact form.
However, we provide you with the opportunity to elect not to receive other types of communications, including emails informing you about Company’s services and other offerings that we think will interest you. If you want to stop receiving these communications, click on the “Unsubscribe” link in any such email, or contact use via email at contact form.
Be advised that we may respond with an automated message, explaining the steps required to opt-out. There may be a time delay between initializing the process of opting out and the time at which communication is discontinued. During this intervening time, you may continue to receive marketing message or confirmation emails from us. Company will not be liable for any problems, concerns, delays, or damages associated with the opt-out process.
Links and Third-Party Tools or Services
Security of Information
Community Interaction, Public Comments, Chat Rooms and Message Boards
The Website may include online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user’s name or email address. Be aware that any information you post is public information, and Company does not control what use third parties may make of this personal information. Your participation in such forums is at your own risk. Company will not be held responsible for any breach of privacy that occurs due to your involvement in such forums.
Changes to Policy
This Policy may be changed at any time and for any reason, and Company reserves the right to make such changes at its sole discretion. Your continued use of the Website after the changes are made and posted on the Website constitutes your agreement to these changes, both with regard to information previously collected from you and with regard to information collected in the future. If you do not agree to the changes, please discontinue your use of the Website.