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USER AGREEMENT FOR GAYUNIVERSE.COM & GAYUNIVERSE.NET SERVICES

TERMS AND CONDITIONS OF THE SERVICE

(available at http://www.GayUniverse.com/ServiceAgreement.cfm)

When you sign up for any service within GayUniverse.com and GayUniverse.net, you agree to all of the terms and conditions of this Agreement.

  • PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY FORM THE AGREEMENT BETWEEN US.
  • IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT SIGN-UP.

User Agreement. This Agreement constitutes your agreement with Garrock Ventures LLC., (the Company) with respect to your use of www.GayUniverse.com and GayUniverse.net (the Websites) and any of the services provided by or through said Websites (the Service). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. By using any part of Our Site or Services in any manner, you understand and agree that We will consider such use as your affirmation of your complete and unconditional acceptance to all of the terms in this Agreement. As used in this Agreement, "we", "us" or "the Company" shall refer to Garrock Ventures LLC., or any successor or assign of Garrock Ventures LLC. If any provision of this Agreement is found unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

Right to Use. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue without prior notice any aspect of the Service at any time, including, but not limited to, the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Eligibility / Adult. You must be eighteen or over to register as a member of or use this Site. Before using the services on this site or gaining access to this site as a member or user, you may be required to disclose personally identifiable information to an independent, third-party entity or service in order to verify your age and eligibility requirements. If you do not agree to this disclosure, then you are precluded from using this site or any services provided therein. Membership in the Service is void where prohibited. By using and/or viewing this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years old (21 years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) and that you do not find adult oriented materials to be offensive. You understand that this site contains links to pages containing adult oriented materials.

Code of Conduct. You agree to use the Service in accordance with the following Code of Conduct:

  1. you represent and warrant that any and all text, images, video, or other content or media uploaded, shared, published, or otherwise made available via Our Websites or Services (“User Content”) will comply with all restrictions set forth in this Agreement.
  2. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; you will not use the Service to engage in any form of harassment or inappropriate behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive, defamatory or racist statements
  3. you will not forward chain letters through the Service;
  4. you will not use the Service to infringe the privacy rights, property rights, or other civil rights of any person;
  5. you will not upload, post, or otherwise transmit messages, commentary, pictures, recordings or any other content or use the Service in any way which:
  6. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
    1. is fraudulent, represents someone other than yourself, or is otherwise unlawful or violates any law; or
    2. includes photos or ads portraying illegal activity, underage children, or explicit drug use; or
    3. includes photos that do not match your textual description or include people other than yourself; or
    4. includes email addresses, phone numbers, street addresses, etc.
  7. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
  8. you represent and warrant that all persons appearing in the User Content that You upload to Websites, including without limitation all photographic matter (including You), were over the age of eighteen (18) at the time that said persons were photographed, filmed or videotaped in connection with the creation or production of the User Content;
  9. you represent and warrant that none of the User Content that You upload to Websites contains any visual depictions of persons that would reasonably suggest to a viewer of such depictions that the person or persons depicted therein is a minor;
  10. you may not use the Service for any unlawful purpose. We may refuse to grant you a screen name for any reason, including a screen name that appears to or does impersonate another individual or entity, is protected by copyright, trademark, or other law, as determined by us in our sole discretion, or for any other reason as determined by us in our sole discretion.
  11. You will not use this Service if you are from a country, state, province, or locale in which possessing, viewing, or distributing adult material is in any way illegal. It is your sole obligation to comply with any such applicable laws.

License to Use Uploaded Materials. You hereby provide us with an irrevocable, non-exclusive, perpetual license and right to publish, disseminate, distribute, exploit, republish and sublicense any and all User Content transmitted to Us for posting on the Service. You understand that We may continue to use the User Content in the manner referenced above after you discontinue any membership or relationship with the Service.  Requests for removal of User Content may be approved or rejected, in our discretion.  You hereby release Us from any and all claims arising from the publication or other use of the User Content.

 

Privacy and Use of Information. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications and/or commentary you may receive from other users.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

Notwithstanding anything to the contrary in the Privacy Policy or in this User Agreement, you agree that we will disclose information about you if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any information or materials transmitted to our web site violates the rights of third-parties; or (iv) to protect the rights, property or personal safety of you, Company, its Content Providers, others, and the public.

In addition, we may, from time to time, share your information, including your e-mail address, with other third party companies and partner websites in an attempt to provide you with products and services that we believe may interest you. You may opt-out of such communication at any time by following the instructions included in the communication.

You understand and agree that there may be certain optional features of GayUniverse.com that obtain additional information from you, whether actively or passively. Such information may include, but is not limited to, your geographic location obtained by a global positioning service utilized by the Websites. You further understand that by electing to opt-in or failing to disable such features, any additional information collected or User Content generated, as a result of engaging such features may be made public. You may disengage such optional features at any time.

You further understand and agree that some features provided by GayUniverse.com may passively obtain data from you automatically upon your accessing of the Websites. For more information on such data collection, please see our Privacy Policy.  

Disclaimer Regarding User-Uploaded Content And Limitation Of Websites Liability. You acknowledge that You understand that all User Content on the Websites is uploaded or added to Websites by the Users through an automatic mechanism and that Websites is not involved in any preliminary inspection, review, selection, editing, verifying or management of any of the User Content or information, including without limitation any textual or visual content, uploaded to the Websites, and consequently Websites is not responsible to You or any other User for such content or information.

You acknowledge that You understand that the Websites cannot ensure nor does it make any representations or warranties regarding the security or privacy of information or User Content that You post, upload, or is otherwise generated as a result of accessing the Websites and any of its features, and that You release the Websites from any and all liability in connection with the use or misuse of such information by other parties.

You further acknowledge that You understand that the Websites does not control the content of any information, messages, commentary, communication or other materials posted or uploaded by users of the Websites, and that consequently You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Websites.

You further acknowledge that You understand and agree that the Websites reserves the right, but is under no legal obligation to review, verify, edit, control, supervise or manage any images, messages, communication, commentary, information, or content of any kind which has been posted, uploaded, or otherwise generated as a result of accessing the Websites and any of its features, and that consequently the Websites does not guarantee or vouch for the accuracy of any such information or content and consequently You release the Websites from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, commentary, information or content of any kind provided by other users of the Websites.

You further acknowledge that You understand that the Websites does not screen or endorse advertisements or communications submitted to the Websites by third-party licensees, advertisers, or Users for electronic dissemination through the Websites. Users of the Websites are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Websites prior to responding to any communication at the Websites.

Some of the content of the Websites might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party websites that may provide content to the Websites. This Websites has no editorial control, management or supervision over the selection or display of the content provided by those third parties or those third-party websites and those parties are solely responsible and liable for that content.

Monitoring and Removal of User-uploaded Information or Content. Although Websites does not inspect, review, edit, control or otherwise manage any of the User Content on the Websites, Company reserves the right, but not the obligation, in the exercise of Company's sole and absolute discretion, to disable access to any User Content that Company deems objectionable, contrary to this Agreement or illegal.

Notice. This Site operates as an interactive computer service provider under federal law, and permits individuals to communicate with each other in various ways. As with any human interaction, some individuals may seek to abuse the Site, and its networking services, to annoy, harass, or otherwise harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notification shall serve as a warning to our users of the potential for misuse of our services. We urge you to use common sense when interacting with individuals through the Site, and to report any instances of misconduct to customer support.

Termination of Access to Service. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, with or without notice, and you may be referred to appropriate law enforcement agencies. Users that infringe upon copyrighted material will have their rights to use the Service terminated.

Proprietary Information. The Service contains proprietary information. We assert full copyright protection in the service. The absence of an indication from us that information posted by us may remain proprietary will not prevent that information from remaining protected and proprietary. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

No responsibility. We are not responsible for any criminal or civil allegations, charges, causes of action, or claims arising from Your use of, or Your activities relating to the use of the Services. Further, We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

Pursuant to the Communications Decency Act, 47 U.S.C. § 230(c)(1), you understand that Company operates as a provider of an interactive computer service and therefore Company assumes no responsibility for the content of any material posted by others, but Company reserves the right, in its sole discretion, to (i) edit or delete any information or materials submitted to or appearing on our web site and (ii) refuse access to our web site to any person that violates these Terms of Use. Note that any such action by Company does not impact our status as the provider of an interactive computer service and any associated immunity. Company is immune from, and cannot be held responsible for, claims arising from the publication or transmission of the content of third parties.  We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable.  Please be aware that bulletin boards, personal ads and advertisements, reviews, and chat rooms contain the opinions and views of others, not necessarily of the Company, and that the Company is not responsible for such views or the accuracy of any messages on our web site posted by others.

Security. Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

Other Links. The Service may from time to time contain links to other World Wide Web Internet sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents found thereon.

Indemnity. You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties. The Service is provided and distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Garrock Ventures LLC. or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

Copyrights and copyright agents. Company respects the intellectual property of others and we expect the same of you. Repeated infringement of copyrighted material by a user will result in termination of that user’s right to use the Service. We have adopted a formal policy relating to termination of repeat copyright infringers. A copy of the policy is available upon request.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our registered DMCA Agent

        Peter Arvant, Esq.         Stark Reagan, PC         PO Box 7037         Troy, MI 48007-7037         dmca@starkreagan.com

with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted material that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on our web site;
  4. your address, telephone number and e-mail address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

Modifications. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication. We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Garrock Ventures LLC. related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

Assignment. You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Garrock Ventures LLC. has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Garrock Ventures LLC., if Garrock Ventures LLC.'s obligations hereunder are assumed by a third party, Garrock Ventures LLC. Inc. shall be relieved of any and all liability under this Agreement.

Jurisdiction: Any dispute arising from this Agreement will be governed and determined by the laws of California excluding any laws that direct the application of another jurisdiction's law. As a condition precedent to the filing of any law suit arising from this Agreement, the party asserting a claim shall provide prior written notice of their intent to file suit, and the parties shall be required to engage in good faith negotiations in the attempt to resolve any such claim. Any dispute that arises under or relates to this Agreement will be resolved in any court having jurisdiction in Los Angeles, California, and the parties expressly stipulate to such venue and jurisdiction, and further waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. 

 

 







 
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