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| What are the Terms of Service(TOS) and Harrassmen |
The www.thegayboards.com web site (our
"Site"), provides a fun way for you to interact with other people
around the globe, a way for people to meet each other, the opportunity to view
and rate how others look and various other services (our Site and such
services, collectively, our "Service"). Your use of our Service is
subject to the following Terms and Conditions of Use (these "Terms").
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOU’RE
CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
ACCORDINGLY, YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
1. USER CONDUCT A. In your use of our Service, you agree to act responsibly in
a manner demonstrating the exercise of good judgment. For example and without
limitation, you agree not to: (a) violate any applicable law or regulation, (b)
infringe the rights of any third party, including without limitation,
intellectual property, privacy, publicity or contractual rights, (c) use the
information available through our Service for any unauthorized purpose, (d)
interfere with or damage our Service, including, without limitation, through
the use of viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing or electronic
mail address information or similar methods or technology, (e) use our Service
to transmit, distribute, post or submit any information concerning any other
person or entity, including without limitation, photographs of others, personal
contact information or credit, debit, calling card or account numbers, (f) use
our Service in connection with the distribution of unsolicited commercial email
("Spam") or advertisements, (g) "stalk" or harass any other
user of our Service, (h) collect or store any information about any other user
other than in the course of the permitted use of our Service, (i) use our
Service for any commercial purpose whatsoever or (j) assist any third party in
doing any of the foregoing. B. You are solely responsible for your interactions
with other users of our Service. We will not be responsible for any damage or
harm resulting from your interactions with other users of our Service. We
reserve the right, but have no obligation, to monitor interactions between you
and other users of our Service and take any other action in good faith to
restrict access to or the availability of any material that we or another user
of our Service may consider to be obscene, lewd, lascivious, filthy,
excessively violent, harassing or otherwise objectionable.
2. PRIVACY We understand the concerns that you may have about your privacy and
respect your right to protect your personal information while online. However,
our Service is designed to allow users to post photographs and information
about themselves for public review and comment. Accordingly, by submitting your
photograph and/or any personal information, you thereby waive any privacy
expectations you have with respect to our use of your likeness or personal
information provided to us. If you do not wish to have your picture or
information about yourself viewed by or disclosed to others, do not use our
Service. We may collect certain other personal information from you that we do
not post on our Site. In most cases, we do not intentionally transfer this
information to unaffiliated third parties without your consent. However, we
reserve the right to transfer such information without your consent to prevent
an emergency, to protect or enforce our rights, to protect or enforce the
rights of a third party or in response to a court order or subpoena as
otherwise required or permitted by law. In addition, we provide this personal
information to third-party service providers who help us maintain our Service
and deliver information and services to you and other users of our Service.
3. USER CONTENT A. By submitting any content (including without limitation,
your photograph) to our Site, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free right and license to use, reproduce, display,
perform, adapt, modify, distribute, have distributed and promote such content
in any form, in all media now known or hereinafter created, anywhere in the
world, and for any purpose. B. You are solely responsible for any content that
you submit, post or transmit via our Service. You agree not to post or submit
any content that: (a) is libelous, defamatory or slanderous, (b) contains
sexually explicit content (including nudity), (c) may denigrate any ethnic,
racial, sexual or religious group by stereotypical depiction or otherwise, (d)
exploits images or the likeness of individuals under 18 years of age, (e)
encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes),
(f) makes use of offensive language or images, (g) characterizes violence as
acceptable, glamorous or desirable, or (h) contains any of your personal
contact information other than your email address. C. We have no obligation to
post any content that you or anyone else submits. In addition, we may, in our
sole and unfettered discretion, edit, remove or delete any content that you
post or submit.
4. THIRD PARTY CONTENT In your use of our Service, you may access content from
third parties ("Third Party Content"), either via our Service or
through links to third party web sites. We do not control Third Party Content
and make no representations or warranties about it. You agree that by using our
Service, you may be exposed to Third Party Content that is false, offensive,
indecent or otherwise objectionable. Under no circumstances will we be liable
in any way for any Third Party Content, including, without limitation, any
errors or omissions in any Third Party Content or any loss or damage of any kind
incurred as a result of the use of any Third Party Content posted, stored or
transmitted via our Service. You agree that you must evaluate, and bear all
risks associated with, Third Party Content, including without limitation,
profiles of other users of our Service.
5. PROPRIETARY RIGHTS A. You agree that all content and materials available on
our Site are protected by rights of publicity, copyright, trademarks, service
marks, patents, trade secrets or other proprietary rights and laws. Except as
expressly authorized by us, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from materials or content
available on our Site. Notwithstanding the above, you may use the content and
materials on our Site in the course of your normal, personal, non-commercial
use of our Service. B. You agree not to systematically retrieve data or other
content or any materials from our Site to create or compile, directly or
indirectly, a collection, compilation, database, directory or the like, whether
by manual methods, through the use of "bots" or otherwise. You agree
not to use of any of our trademarks as metatags on other web sites. You agree
not to display any of our Site in a frame (or any of our content via in-line
links) without our express written permission, which may be requested by
contacting us at support@ thegayboards.com. You may, however, establish
ordinary links to the homepage of our Site without our written permission.
6. USERNAME AND PASSWORD You will select a username and password when
completing the registration process. You are solely and fully responsible for
maintaining the confidentiality of your username and password, and are solely
and fully responsible for all activities that occur under your username and
password. You agree to: (a) immediately notify us of any unauthorized use of
your username and password or any other breach of security and (b) ensure that
you log off from your account at the end of each session. We cannot and will
not be liable for any loss or damage arising from your failure to comply with
this
7. TERMINATION you agree that we, in our sole and unfettered discretion, may
terminate your access to our Service for any reason, including, without
limitation, your breach of these Terms. You agree that any termination of your
access to our Service may be effected without prior notice, and acknowledge and
agree that we may immediately deactivate or delete any of your accounts and all
related information and files in such accounts and/or bar any further access to
such files or our Service. Further, you agree that we will not be liable to you
or any third party for any termination of your access to our Service.
8. DISCONTINUANCE OF SERVICE We reserve the right at any time to modify or
discontinue, temporarily or permanently, any portion of our Service with or
without prior notice. You agree that we will not be liable to you or to any
third party for any modification or discontinuance of our Service.
9. REPRESENTATIONS AND WARRANTIES You hereby represent and warrant to us that:
(a) that you have the full power and authority to enter into and perform under
these Terms, (b) your use our Service will not infringe the copyright, trademark,
right of publicity or any other legal right of any third party, (c) you will
comply with all applicable laws in using our Service and in engaging in all
other activities arising from, relating to or connected with these Terms,
including, without limitation, contacting other users of our Service and (d)
you own or otherwise have all rights necessary to license the content you
submit and that the posting and use of your content by us will not infringe or
violate the rights of any third party.
10. DISCLAIMER OF WARRANTIES YOU AGREE THAT: A. IF YOU USE OUR SERVICE, YOU DO
SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR
REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE
ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR
EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE
DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE
CORRECTED. C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR
SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. D.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US
OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS.
11. LIMITS ON LIABILITY A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING
TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST
OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A
RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR
OTHER THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING FROM, RELATING
TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS. B. WE WILL NOT BE LIABLE FOR
ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE
OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL
CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR
STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR
SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO
PROCURE SUPPLIES OR MATERIALS. C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO
YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED
WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO
YOU.
12. INDEMNITY You agree to defend, indemnify and hold us harmless from any
claim, demand, action, damage, loss, cost or expense, including without
limitation, reasonable attorneys’ fees, incurred in connection with any suit or
proceeding brought against us arising out of your use of our Service or
alleging facts or circumstances that could constitute a breach of any provision
of these Terms by you. If you are obligated to indemnify us, we will have the
right, in our sole and unfettered discretion, to control any action or
proceeding and determine whether we wish to settle it, and if so, on what terms. |
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