The Gist

Gays.com is the world's first social networking platform that helps you connect to your gay, lesbian, bisexual and transgender friends.
Currently all of our fabulous features on Gays.com are free and we’d absolutely love for you to be a part of our community. The Gays.com features include personal profiles, private messaging, image and video galleries and the fantastic friends network, all designed to let you present, express and connect yourself freely.
However, we expect you to interact responsibly and according to the terms of service specified below. If you believe that certain content on the site violates these terms of service, please let us know.

Terms of Service

Date of last revision: April 30, 2008

The following terms and conditions govern all use of the Gays.com website and all content, services and products available at or through the Website. The Gays.com service and network (collectively, "Gays.com", "the Service", “the Website”) are operated by Gays.com Ltd. and its corporate affiliates (collectively, "us", "we" or "Gays.com"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Gays.com Privacy Policy; collectively, the “Agreement”, the “Terms”). In the case of any inconsistency between the Gays.com Privacy Policy and this User Agreement, this Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If these terms and conditions are considered an offer by Gays.com, acceptance is expressly limited to these terms.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website or by posting a Share Button on your site, you (collectively, “you”, the “User”) signify that you have read, understand and agree to become bound by the terms and conditions of this Agreement, regardless if you are a registered member of Gays.com or not. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Gays.com may also, in the future, offer new services and/or features through the Website; such new features and/or services shall be subject to the terms and conditions of this Agreement. If you do not agree to all these or any future terms and conditions of this Agreement, then you may not access the Website or use any Services.

Eligibility

Gays.com is available only to individuals who are at least 16 years old. You may not have more than one active account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity. Additionally, you are prohibited from selling, trading, or otherwise transferring your Gays.com account to another party.

User Conduct

If you create a profile on the Website, it is your responsibility to maintain the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile.

The Service and the Website are available for your personal, non-commercial use only. If you create a profile, comment on another user’s profile, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio file, or video file. With this Agreement, you declare and warrant that no Content of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party. These rights include copyright, trademark, privacy, publicity or other personal or proprietary rights. You also guarantee that no Content provided or shared by yourself on the Website contains libelous, defamatory or otherwise unlawful material.

By way of example, and not as a limitation, if you upload, post, transmit, share, store or otherwise make available any Content, you represent and warrant that:

• The Content on the Website or Service was created by yourself or you have the permission by the creator to post this content;
• The Content is not harmful, threatening, unlawful, defamatory, infringing, abusive, harassing, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• Any graphical, audio or video Content is featuring yourself or your friends, was taken by you or your friends, or is original art or animation created by you or your friends (with their permission);
• The Content does not include unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, or any other form of solicitation;
• The Content does not reveal any private information of any third party, including addresses, phone numbers, email addresses and credit card numbers; particularly that the Content does not solicit personal information from anyone under 16 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• The Content does not intimidate or harass another user or any other third party;
• The Content does not constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise creates liability or violate any local, state, national or international law;
• The Content is not, in the sole judgment of Gays.com, objectionable, restricting or inhibiting any other person from using or enjoying the Website, or may be exposing Gays.com or its users to any harm or liability of any type.

By submitting any Content to Gays.com on your own or other user’s profile or to other services of the Website, you grant Gays.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Except for your own User Content legally posted to the Website, no Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Gays.com's prior written permission.

Furthermore, when using the Website’s Services you must not:

• Use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
• Apply any automated scripts, electronic or other means to harvest or collect email addresses or other contact information of Gays.com Users or otherwise interact with the Service for the purposes of sending unsolicited emails or other unsolicited communications;
• Voluntarily provide false information or otherwise misrepresent yourself, particularly regarding your age or your affiliation with any person or entity;
• Impersonate any person or entity;
• Use or attempt to use another User's account without authorization from Gays.com;
• Stalk or harass another User.

Without limiting any of those representations or warranties, Gays.com has the right (though not the obligation) to, in Gays.com’s sole discretion, (i) reformat, excerpt, or translate any materials submitted by you, (ii) refuse or remove any content that, in Gays.com’s reasonable opinion, violates any Gays.com policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of the Website to any individual or entity for any reason. Gays.com will have no obligation to provide a refund of any amounts previously paid. You must immediately notify Gays.com of any unauthorized uses of your account or any other breaches of security. Gays.com will not be liable for any actions or omissions by you, including any damages or losses of any kind incurred as a result of such actions or omissions.

Responsibility of Website Visitors

Gays.com has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Gays.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties. Gays.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Gays.com Service. Additionally, we cannot guarantee the authenticity of any data which Users may provide about themselves or relationships they may describe. Gays.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which Gays.com links, and that link to Gays.com. We do not have any control over those non-Gays.com websites and are not responsible for their contents or their use. By linking to a non-Gays.com website or webpage, Gays.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Gays.com disclaims any responsibility for any harm or losses resulting from your use of non-Gays.com websites.

Termination

Gays.com may terminate your access to all or any part of the Website at any time, with or without notice, with or without cause, including if we believe that you are under 16, effective immediately. If you wish to terminate this Agreement or your Gays.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Fees

Signing up for a basic Gays.com account is free. Certain other services are provided for free only to beta users. Gays.com reserves the right to charge for future Gays.com VIP Services or any portion thereof, modify the pricing of, add to, or discontinue the Gays.com Service or any portion thereof without prior notice.

Warranty Disclaimers

The Website is provided on an “as is” basis. Gays.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Gays.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Neither Gays.com nor its suppliers and licensors, makes any warranty that the Website will be accurate, complete, reliable, current and error free or that access thereto will be continuous or uninterrupted. You understand that you access, download from, or otherwise obtain content or services through, the Website at your own discretion and risk. No advice or information, whether oral or written, obtained by you from Gays.com shall create any warranty not expressly stated in this User Agreement.

Limitation of Liability

In no event will Gays.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gays.com under this Agreement during the twelve (12) month period prior to the cause of action. Gays.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Gays.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Gays.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or in connection with any User Content you post or share on or through the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.

Miscellaneous

This Agreement constitutes the entire agreement between Gays.com and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Gays.com, or by the posting by Gays.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Hong Kong, S.A.R., China, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Shanghai, China. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Hong Kong, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Gays.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Submissions

You understand and agree that any comments, questions, suggestions, ideas, or other feedback about the Website or the Service ("Submissions"), provided by you to Gays.com are non-confidential and shall become the sole property of Gays.com with Gays.com owning exclusive rights, including all intellectual property rights. Gays.com shall be entitled to the unrestricted use and distribution of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

General Information

Gays.com, the Gays.com logo, and other Gays.com logos and names are trademarks of Gays.com Ltd. You agree not to display or use these trademarks in any manner without Gays.com’s prior, written permission.
The section titles of this Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

Gays.com Limited
Room 604, Alliance Building
133 Connaught Road
Central Hong Kong

Note, these Terms of Service are partly derived from a Terms of Service released by Automattic Inc. under a Creative Commons Sharealike license. Therefore, these Terms of Service are available under the same license. Thanks to the lovely folks at Automattic and Wordpress.com for sharing.

This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License.