Gays.com is the world's first social networking platform that helps you connect to the gay community wherever you are. Currently all of features on Gays.com are free and we welcome you to be part of our community. The Gays.com features include personal profiles, private messaging, image and video galleries and a great 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: 1 December 2014
Gays.com Terms and Conditions
The basic use of Gays.com is guaranteed for free. As Gays.com's operators, we assure you that we neither create fake profiles, nor will we tolerate other fake profiles created on Gays.com. These Terms and Conditions regulate the contractual relationship between you (hereinafter the "Member" or "Members") and Ideawise Limited (hereinafter "we/us" or "Gays.com"). You can open, print, download and/or save these Terms and Conditions at any time, even after conclusion of the contract, at any Gays.com page (excluding pop-up windows). By registering as a member on Gays.com, you are accepting the following Terms and Conditions for the use of Gays.com.
We reserve the right to adapt or change our Terms and Conditions. In the case of adjustments or modifications to the Terms and Conditions herein, we will send them to you by email four weeks before coming into effect. If you don't accept the new Terms and Conditions within 4 weeks of receipt of the email, they shall be deemed accepted. In case you do not accept them, we have the right to end the contractual relationship. We shall inform you separately of the significance of the four week notice in the email that contains the modified terms. However, this only applies if you are using our services and are registered on Gays.com at the time of the modification. The modified Terms and Conditions shall become immediately effective to other users.
Gays.com is an online dating community operated by the company Ideawise Limited, based at Room 604 Alliance Building, 133 Connaught Road, Central Hong Kong, HK, hereinafter referred to as "Gays.com". On Gays.com, you have the possibility to meet other users, upload contents (texts, photos, videos, etc.) and to share experiences in the Forum with other users. Registering and the use of the Gays.com platform is free of charge. Premium and VIP memberships are fee-based and are also identified accordingly. More detailed information can be found on the website. The respective prices can be found in the Gays.com ‘Upgrade’ page. Gays.com is intended for people over 18 years of age. Adult content is only visible to people above the legal age.
Our servers comply with the current state of technology and are, therefore, safe. In addition, your private data is safe with us. The processing of data is carried out only in accordance with the relevant data protection regulations. You can find more details on this in section 11 of the Terms and Conditions. You decide to what extent you enter your personal profile data in the Gays.com community, and likewise, you also decide how much you want to disclose about yourself in the Gays.com community.
We endeavour to maintain a family atmosphere within Gays.com. We expect every member to conduct themselves in an educated and respectful manner when dealing with each other. The use of the Gays.com platform requires a standard computer with an Internet connection and a current Internet browser. You are responsible for the provision and configuration of the required software and/or required plug-ins. You have the possibility to consult our support team if you need help with the configuration. We will try to help you to the best of our knowledge and skills, but we cannot guarantee success.
2. SUBJECT MATTER OF THE CONTRACT
An offer for conclusion of a licence agreement will be made to you when registering at Gays.com. After registering, you will receive an email from us confirming the conclusion of the contract. You have no legal rights to the conclusion of a licence agreement with us. The language of the contract is English. We do not save the contract text. The registration and "basic use" of Gays.com are free of charge. You can also acquire a paid membership to unlock additional features for the complete use of Gays.com. The two models of paid memberships are "Premium" and "VIP" (hereinafter also referred to as “Paid memberships”).
2.1. DEFINITION OF FREE MEMBERSHIP
You automatically acquire free membership by signing up at Gays.com. The free membership is not bound to a term and there are no costs for using it. On the membership's overview page you can see the features that are included in the free membership. You can delete your free membership on the Gays.com membership overview page at any time.
2.2. DEFINITION OF PAID MEMBERSHIPS
With the paid memberships, you get additional features that make the use of Gays.com easier and help you with your contact search. These additional features give you many advantages compared to a free membership. On the Gays.com membership overview page, you can see how all the features are allocated in detail and the advantages of both paid memberships. If you do not terminate your Premium or VIP membership within your selected time frame, it will get automatically extended for the time period chosen by you at the conclusion of the membership. An exception to this is payment on account; in that case, the membership will automatically expire and the member will be set back into free membership mode. This does not require a separate termination. You can terminate paid memberships at any time and without stating any reasons on the membership overview page. If you terminate your membership before expiration of the remaining term, you will be able to use all paid features until the end of your paid time term. After this time expires, you will return to free membership mode. The termination before the expiration of the remaining term shall have no influence on your payment obligation.
2.3. EXTRAORDINARY TERMINATION
The right to immediate termination on major grounds (= "termination without notice") remains intact for you and for us. With the extraordinary termination, our claims and demands arising out of the contractual relationship will become immediately effective.
2.5. EXTERNAL PAYMENT PROVIDERS
In order to process membership payments, Gays.com cooperates with external payment providers. For the payment of the membership fee, the member agrees to the Terms and Conditions of the respective payment provider.
3. PROTECTION OF MINORS
We take the protection of minors very seriously. Gays.com complies with the current legislation and responds individually and depending on the urgency if any of the member's texts or photos violate the legal requirements for the protection of minors. If you find X-rated images publicly visible on Gays.com, we kindly ask you to inform us as soon as possible via email to email@example.com
. We will verify the violations as soon as possible and proceed accordingly.
4. REGISTRATION AND PROFILE
To sign up at Gays.com, you must fill in a registration form. The entered data must be complete and correct. If we have reasons to doubt the authenticity of your information, we reserve the right to ask for a proof of authenticity or to lock your profile. For your registration at Gays.com, you need an email address to which we will send you a confirmation code. You have to enter this code at Gays.com to complete your registration and to be able to use Gays.com. Without the code, the use of Gays.com upon registration is not possible. When you register, you create your own password. This password protects against the use of Gays.com by unauthorised persons who could access your profile with your name. You should always keep your password strictly confidential and not disclose it to third parties. You should also protect your password from access by third parties. We advise you, for your own security, to change your password periodically. We will never ask you for your password. If you suspect that your password has been misused or that a third party knows your access data and/or is misusing your account, please change your password immediately and contact us. You can only sign up with one profile at Gays.com. With your registration, you confirm that you are not an already existing member of Gays.com. On the Internet, the identification of persons is limited. Hence, we cannot rule out that when registering at Gays.com people enter incorrect data information. Therefore, Gays.com does not guarantee the authenticity of each user. Each member is responsible for checking the authenticity of the other members.
5. RIGHT OF WITHDRAWAL
Following your purchase, you, as a consumer, may cancel the contract within 14 days from the date of the conclusion of the contract as long as you did not exercise your waiver of revocation, which is the condition requisite for the immediate use of the purchased product. In particular, your right of revocation shall expire if you have purchased a service after giving your explicit consent and if, at the same time, you have confirmed that you are losing your right of revocation upon the complete fulfilment of the respective service provided by Ideawise Limited. If you have purchased contents that are not stored on a physical storage medium, you shall then lose your right of withdrawal after you have explicitly agreed that Ideawise Limited will begin executing the contract before the end of the revocation period and you have confirmed that you know that you, by giving your consent, will be losing your right of revocation with the beginning of
the execution of the contract. In order to exercise your right of withdrawal, you must inform the company authorised to receive declarations of withdrawal: SmH Servicecenter.de GmbH, PO Box 200434; D13514 Berlin; Tel. no. 0800/3335521; Fax no. 030338405999; Email: firstname.lastname@example.org
by making a clear statement (e. g. a letter sent by mail, fax or email) about your decision to revoke this contract. The deadline for the period of revocation shall be observed by sending a notice concerning the execution of the right of withdrawal before the end of the revocation period.
5.1 CONSEQUENCES OF WITHDRAWAL
If you cancel this agreement, we shall refund all payments that we have received from you, including any delivery expenses (with the exception of the additional costs resulting from the fact that you selected another method of delivery than the cheapest standard delivery offered by us), immediately and, at the latest, within 14 days from the day we receive your notice of withdrawal from this agreement. For this refund, we shall use the same payment method which you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you incur any charges on account of this refund. If you requested that the services should begin during the period of revocation, you must pay us an adequate amount that corresponds to the amount of the already provided services until the time you informed us about the exercise of the right of withdrawal in relation to the total scope of the services provided for under the contract. To exercise your right of withdrawal, you may use the withdrawal form which you will find under the following link http://www.gays.com/downloads/Revocation.pdf
6. CONTENT/GRANTING OF RIGHTS
All the information and content that you have entered or uploaded to Gays.com (in your profile, in the forum or in the chats) shall be publicly available. However, your personal information, such as your personal email address, your password, or your postal address, will remain inaccessible to third parties. On Gays.com you have the possibility to change or delete your account, your profile and the contents. If you cannot make certain changes by yourself, you may contact us, so that the changes can be carried out. You are responsible for your activities, information and content on Gays.com. You agree to comply with the relevant statutory regulations (e.g. right to one's own image, general personal rights, copyright, right to trademark and name, right to the legal protection of minors, etc.). It is prohibited to post contents (photos, texts, videos, etc.), which you are not authorised to use on our website. Please observe the rights of third parties. Ask the photographer if you can use their photos of you on Gays.com. If there are other people on the photo apart from you, they also must agree to the publication. If you violate the rights of third parties you are immediately liable towards them. You are under the obligation, in accordance with Point 7 of these Terms and Conditions, to hold us harmless from any claims raised against us by third parties. Gays.com does not assume the verification of your uploaded content. We reserve the right to change or completely delete any content due to legal, judicial or official obligations, or due to important reasons. An important reason exists if we are informed or notice a breach of legal regulations, of these Terms and Conditions or any other important reason. If there are clear indications that spam emails are being sent through Gays.com, we are entitled to check these emails and, if necessary, delete them. Any misuse or unauthorised use, manipulation or deletion of accounts, data and content by criminal individuals or technical errors cannot be entirely ruled out. Therefore, we advise you to carefully select the amount of information that you post on Gays.com or that you make accessible to other members. You acknowledge and agree that the current online offer of Gays.com has erotic content.
7. OBLIGATIONS OF THE USER
You agree to enter correct and complete information and to keep this information up-to-date, in your registration and in your profile. Please note that the communication between you and Gays.com is mainly via email. Any explanations and information which we send to you by email, shall be deemed delivered as soon as they are received on your email server and you are able to retrieve them under normal circumstances. If you do not notify us of a changed or deleted email address, these emails and the declarations shall still be deemed received. You agree to keep your Gays.com password secret and ensure that, in your personal sphere, your login data will not be accessible to any third party. In addition, it is your responsibility to ensure that in your personal sphere, your password is not or will not be accessible by chance to other people, especially minors. In the case of a "multiple use of your paid membership" (this means different people accessing Gays.com using your password), we reserve the right to block your access to Gays.com. You are obliged to inform us immediately of any unauthorised use of your login data as well as any other breach of the security regulations. This applies in particularly if you suspect that your membership data might have been accessed by third parties. You hereby confirm that you have all necessary rights concerning any content that you post or upload (photos, texts, videos) to Gays.com and that such content:
Does not violate the rights of third parties (general personal rights, right to one's own image, copyright);
Does not damage others in any other way (through defamation, offence, slander);
Does not violate any other rules (e.g. the law relating to unfair competition, the trademark law, the Criminal Code, youth protection regulations);
Does not infringe our own photo rules and these Terms and Conditions.
If necessary, you may have to prove the ownership rights of your content.You are obliged to comply with a conversational tone on Gays.com which does not violate the rules of behaviour. This includes a respectful behaviour when interacting with other members and a friendly style. In the case of a violation of these Terms and Conditions or a disturbance of the harmonious co-existence, you will get an appropriate penalty as stipulated in Paragraph 8 of these Terms and Conditions. In the case of severe personal attacks, defamation, slander and threats, we reserve the right to call upon the criminal prosecution authorities.
You agree to continue to refrain from the following:
Any illegal form of advertising at Gays.com (including through divulgation of phone numbers, email addresses, links, SMS numbers or other contact possibilities for commercial contact purposes to other users);
Sending of spam;
Malicious attempts, through which Gays.com members may be lured to other portals/websites;
Collecting content or information of users using automated systems (such as bots, robots, spiders or scrapers);
Uploading a code that harms us or the website, or limits its functionality or affects it in any other way;
Obtaining third-party access data or access an account that belongs to another member;
Bullying, intimidating or harassing other members;
Publishing content that is hateful, threatening, or that incites violent acts or contains violence;
Using Gays.com to perform illegal, misleading, malicious, or discriminatory acts;
Performing actions that block, overload or could affect the proper functioning of Gays.com.
Any other misuses of our portal.
You agree to hold us harmless from all asserted claims of third parties due to infringement of their rights caused by the contents that you posted on the Gays.com portal or by your use of our service. In such cases, you shall on first demand bear the expenses of our legal defence, including all court and legal fees. If a claim is made against us by a third party due to misconduct and/or forbearance you must provide us promptly, truthfully and completely with all information available that is necessary in order to assess the claim and to defend ourselves against it.
8. PENALTIES FOR VIOLATIONS
Warning of a member (as a milder measure);
Partial and complete deletion of a member's content;
Limitation and restriction of the use of Gays.com;
Temporary blocking of a user;
Permanent blocking of a user and putting a virtual ban on using the site.
Any sanction previously imposed has no influence concerning the payment obligation of the member, regarding the remaining term of the respective membership. For any case in which the prohibitions set out in section 7 of these Terms and Conditions are violated, culpably and seriously, we reserve the right to assert claims depending on the respective level of damage. In the case of illegal advertising measures, spamming or malicious attempts, there will be a €100 penalty per member contacted.
9. AVAILABILITY OF THE SERVICE
Our databases and other technical devices correspond to the current technical state of the art. We are constantly working to improve our services for the greatest possible reliability and availability. Nevertheless, updates, maintenance or optimisation of Gays.com may cause that, during these operations, our services are limited or not available for a short term. We would also like to point out that the Internet may be subject to disruptive influences that are beyond our control (such as problems with data exchange, unlawful interferences by so-called hackers, power blackouts, or in cases of forces of nature).
10. WARRANTY, LIMITATION OF LIABILITY
We assume no liability for the constant availability and accessibility of our website and are not responsible for downtime due to necessary care and maintenance work or newly emerged errors, as far as these were not predictable and could also be detected by a conscientious average programmer. Furthermore, we do not assume any responsibility for the accuracy, completeness and usefulness of the information and content published on Gays.com. Among other things, you will find references to external third party content on Gays.com. If a contractual arrangement is offered in connection with such third party content, any contractual arrangement, if entered into, shall be made exclusively with the responsible party identified as the offeror. We do not check the content of other webpages or their legality and, therefore, we also cannot influence their design. We thus expressly distance ourselves from all content provided on these pages and from all the links published on pages that we are linked to and are not responsible for their content. You use the links of third party websites at your own risk. In accordance with legal requirements, we, as a service provider, are not obliged to supervise the communicated or stored information of our members or to investigate any circumstances that could indicate an illegal activity. However, if we become aware of unlawful conduct by any member or according receive information within Gays.com, this information will be immediately removed or their access to Gays.com will be blocked.
We do not provide warranty for any possible dissatisfaction regarding Gays.com offers, individual contents, performances and services according to the agreement, nor that you actually will make successful contacts on Gays.com. We are not liable for your content and activities which are not managed by us. They can neither be attributed to us nor do they represent our opinion. Links that you place on Gays.com are also included as part of your content. We shall only be liable for damage caused intentionally or by gross negligence by us, our legal representatives, our assistants or our vicarious agents. Our liability for ordinary negligence is limited to the violation of essential contractual obligations (cardinal obligations). The extent of our liability is limited to the foreseeable damage typical for this type of contract. As far as our liability is limited to these conditions, this restriction shall not apply in cases of injury to body, life, and health, as well as the liability under the provisions of the product liability law. The above mentioned limitations of liability shall also apply to our affiliated companies as well as to the personal liability of our employees, representatives, partners and vicarious agents.
12. CHANGES TO THE WEBSITE
We reserve the right to change Gays.com and the functions contained in the online offer at any time without stating any reasons. We will notify you of the changes that we make. We are free to take out individual functions of Gays.com, add new functions, or replace existing functions with others. As far as these functions are associated with a paid membership, we will make sure there is a proper compensation between the old and the new functions.
13. PAYMENT PROVIDERS AND PAYMENT DEFAULT
The processing of paid memberships on Gays.com is carried out by external billing partners. With the acquisition of a paid membership, you agree to the General Terms and Conditions of our billing partner. The Terms and Conditions can be found on the website of the respective billing partner. The various functions of the different memberships, as well as the respective prices, can be seen online at Gays.com. You can select between different payment methods (e.g. by credit card or per electronic direct debit), as well as different membership fee rates. In case of an increase of the mandatory value added tax (VAT), we shall have the right to adjust our prices accordingly. This also applies if our necessary expenses for the fulfilment of the contract (e.g. hosting or traffic costs) increase, without the price increase being attributable to us. A possible price increase will be notified to you in good time, so that you can cancel ("ordinarily") in due time. Conversely, we undertake to adjust the prices in the case of tax or price reductions. You agree to take over the expenses in case there are (due to lack of funds or to other indebted reasons) wrongly cancelled purchases. These costs are applied to us by the bank, the credit card company or payment provider and depend on the used payment method as well as the participating bank or the billing service provider.
14. VIOLATIONS OF RIGHTS
Gays.com wishes to prevent the publication of illegal contents. If you think that the content violates your rights or any other rights, please send a detailed notification by email to email@example.com
. All serious messages about violation of rights will be immediately investigated by us. Any misuse will be penalised.
15. RIGHTS RELATED TO THE GAYS.COM DATABASE
All rights (copyrights, trademark rights and other protection rights) for the database work, the database and the posted contents, data and other elements are exclusively reserved to Gays.com. Any other user rights regarding the content posted by them remains intact. Copyright notices or other proprietary right notices on the Gays.com website may not be changed. The contents of our database may not be used to create your own database in any form of media, or for a commercial purpose or exchange of information. The integration or any other form of connection of the database or single elements of the database with other databases or meta databases is inadmissible. In the case of possible insolvency, the Gays.com database shall not constitute any insolvent assets. Any form of publication (in particular duplication, distribution, making publicly available, sending, or reproducing through a video or audio recording) without the prior consent of Gays.com,
including film shots and/or screenshots (in whole or partial) is illegal. In the case of repeat infringements, we shall take appropriate civil and criminal action.
16. FINAL PROVISIONS
These Terms and Conditions shall be exclusively subject to German law. Please address any questions you may have about Gays.com to our support team: Contact / Support / Customer Service Email: firstname.lastname@example.org
. Effective as of: 1 December 2014.