GayandLesbianFantasy.com: Terms of Use
TERMS OF USE
This online personals service is a way for adults to meet each other (the "Service"). The owner of this web domain provides the Service.
This legal agreement is made between You and Us ("Agreement"). This Agreement applies to all of Our sites that are offering the Service. Please read this Agreement carefully before registering for the Service. The agreement sets out the terms under which services (the "services") are provided to You by Us through the website. By registering for the Service, You become a member (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.
We reserve the right at any time to:
- Change the Policies and Agreements;
- Change the site, including eliminating or discontinuing any content or feature of the site; or
- Change any fees or charges for using the site.
In this Agreement the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein;
"Conditions" means the provisions set out below which shall be incorporated into this Agreement in their entirety; and
"Content" refers to any Postings made by the Member including but not limited to Photos, Avatars, Video, audio, text, music or other legal material; and
"Post" means display, upload, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the service, and the phrases "Posted" and "Posting" shall be construed accordingly; and
"Profile" means the section containing details and/or personal information about you composed and posted by you; and
"We, Us, Our" means the Service; and
"You, Your, Yourself" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership and You may not assign or otherwise transfer Your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Although You may register as a Member of the Service for free, if You wish to use the Service to initiate most communication with other members and use certain other parts of the Service, You must become a subscriber and pay the fees that are set out. This price list is part of this Agreement And We reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information (Public Profile) to keep it accurate, current and complete. You agree that we may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, that We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees.
USERNAME AND PASSWORD: As part of the registration process, You will be asked to select a username, password. We may refuse to grant any username (or member id) that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as We determine at Our sole discretion. You are responsible for the confidentiality and use of Your username and password and agree not to transfer or resell Your use of or access to the site to any third party. If You have reason to believe that Your account is no longer secure, You must promptly change Your password by updating Your account information, available at the 'control panel' page. You are solely responsible for maintaining the confidentiality of Your username and password and for any and all activities that are conducted on Your account.
PAYMENT POLICY: Until We have received cleared funds in respect of the full amount outstanding payment, it is considered not to have been made.
Subscriptions are automatically renewed. Cancellation of such subscription will be effective upon that party sending written notice (email) to the other party of their intention three working days prior to the renewal date or Your subscription.
In the event that You agree to subscribe to become a member, You agree to pay the applicable fee as posted. We reserve the right to charge or change fees for access to features of the Service by posting notice of the change on the Website.
REFUND POLICY: Subject to conditions for no refunds mentioned in this Agreement, any possible refunds shall be at Our sole discretion.
TERM AND TERMINATION: We may terminate or suspend your access to all or part of the service at any time in our sole discretion with or without notice for ant reason including without limitation breach of this agreement without limiting the generality of the foregoing fraudulent, abusive or otherwise illegal activity or that which may otherwise affect the enjoyment of the internet by others may be grounds for termination of the service at our sole discretion. You may be reported to appropriate law enforcement agencies.
PROPRIETARY RIGHTS: Gayandlesbianfantasy.com owns and retains other proprietary rights in the Services and the Site. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of Gayandlesbianfantasy.com and its licensers. In addition, other Members may not post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or Content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, Content and photographs and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URL's or email addresses, other than where You are specifically asked for such information in the Confidential Personal Information section of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or "Spam" or junk email to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.
(2) You are solely responsible for the Content or information you publish or display (hereinafter, "post") on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing genital nudity, depiction of sexual acts (including but not limited to; intercourse (oral/genital/anal), bestiality, masturbation, sadism masochism or abuse) or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that we have received from You. At our discretion We shall modify submitted photographs to an appropriate size and/or quality. You should also realize that photos submitted might be watermarked for copyright protection and to guard against unauthorized use.
(3) Email communications sent from Us or through Us are designed to make Your online personals experience enjoyable. By becoming a member, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, Your Match emails, emails informing You about events and parties We may organize, emails informing You of promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service.
(4) You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other Content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that You have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, We consider an account to be Inactive after 6 months).
(5) Our customer service employees are here to make Your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the phone or communicating with them by any other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.
We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way, which could be regarded as inappropriate, unlawful or illegal, including without limitation, reporting you to law enforcement authorities. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements you make are endorsed by Us, without our specific prior written consent.
(d) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its Contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material that contains software viruses, Worms, Trojan Horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(i) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
(l) If you create a public profile, you may not use any telephone number, street address, screen name, URL, email address or post other material (including images) that contains offensive, anatomical and/or sexual references.
(m) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
(n) You will not brook any activity such as providing pirated computer programs or links to Members/Visitors, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
(o) You will not engage in criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, advertising to, or solicitation of, any Member to buy or sell any products or services through the Service.
(p) You are prohiibited from also displaying an advertisement on Your profile, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through Our Services on behalf of that person, such as placing commercial Content on Your profile, posting on Blogs or Forum Topics or uploading videos with a commercial purpose, or sending private messages with a commercial purpose; or using Our Services in a manner inconsistent with any and all applicable laws and regulations; or using the account, username, or password of another Member at any time or disclosing Your password to any third party or permitting any third party to access your account; selling or otherwise transferring Your profile; using any information obtained from Us in order to harass, abuse, or harm another person.
(q) You will not post any Content which is patently offensive and promotes racism, disrespectful to any religion, bigotry, hatred or physical harm of any kind against any group or individual; threatens, harasses or advocates harassment of another person; exploits people in a sexual or violent manner; or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; promotes information that you know is false or misleading or promotes illegal activities.
(r) Finally, You shall not engage in actions that involve commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or that includes a photograph of another person that you have posted without that person's consent; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
FORCE MAJEURE: : No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service]."
"Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by forseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated."
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:
(I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the Service infringe or plagiarize or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or Content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal information) You provide to Us will be stored on computers. You consent to Our using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our terms and conditions thereof. If You are located outside of the United States, please note that the information that You provide is being sent to the United States. By becoming a member of the Service, You consent to Your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service...
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
You acknowledge that use of the service is at Your own risk. We do not represent or endorse the accuracy or reliability of any Member profile (including any member profile which We may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the service by Us, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. We do not represent or endorse the accuracy or reliability of any Member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the service by Us or any user of the Service or any other service.
Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do We accept responsibility or liability for any Content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, LOSS OF DATA, LOSS OF PROGRAMS, DAMAGE TO GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COPYRIGHT POLICY: We respect the intellectual property of others, and We ask Our members to do the same. If You believe that a copy of Your work is available on the site without Your consent or that a copyright infringement has otherwise occurred, please supply Us with the following information:
- A description of the copyrighted work that You claim has been infringed;
- Details of where the infringing material is located on the site;
- Your address, telephone number and email address;
- A statement by You that You believe in good faith that the use of the work on the site is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and
- An affidavit executed by You that the information You provide concerning the copyright infringed is accurate and that You are the copyright owner authorized to act on their behalf.
COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Our customer service department by clicking: contact us.
GENERAL PROVISIONS: This Agreement, accepted by You upon registering for the service, contains the entire agreement between You and Gayandlesbianfantasy.com regarding the service and the site, including the Gayandlesbianfantasy.com Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, these Terms of Use will survive termination of Your membership to the service. This Agreement shall terminate immediately and without notice if You breach any of the terms, subject to the survival of all rights and reservations of Gayandlesbianfantasy.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
We reserve the right to amend or add to this Agreement from time to time by posting such changes to the Website. Your continued use of the Service following any change will constitute Your binding acceptance of such change. Additionally, We reserve the right to change or discontinue any elements of the Services, or the entire Service without cause, notice or liability.
DISPUTE RESOLUTION: This Agreement is entered into Florida, USA. You agree that the laws of the State of Florida will govern it and any disputes arising out of this agreement will be subject to the courts of the State of Florida and the Federal Courts applicable to the State. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provision shall continue in full force and effect.
CUSTOMER SERVICE: If You have questions regarding these Terms of Use, You should first contact us at; Customer Service or write to us at:
Gayandlesbianfantasy.com DBA
5950 NW 72nd Ct.
Parkland, Fl. 33067
Tel: (954) 753-8314
Fax: (954) 753-8373