GayUrbanSingles: Terms of Use
Terms of Use
You agree to the provision below when you elect to become a “Member” of GAY URBAN SINGLES, LLC aka as “gayurbansingles.com.” These Terms of Use are subject to change by GAY URBAN SINGLES, LLC at any time, effective upon posting on the GAY URBAN SINGLES, LLC and your use of the services offered on the website after such posting will constitute acceptance by you of such changes.
In accepting the Terms of Use Agreement, you are agreeing to all of the following items below:
Term.
This Agreement will remain in full force and effect while you use the Website and/or are a member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the “My Account” pages of the site.
If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you have paid prior to your termination). GAY URBAN SINGLES, LLC may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to GAY URBAN SINGLES, LLC. If GAY URBAN SINGLES, LLC terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts will be made in the sole and absolute discretion of GAY URBAN SINGLES, LLC. GAY URBAN SINGLES, LLC is not required to provide you notice prior to terminating your membership and/or subscription. GAY URBAN SINGLES, LLC is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect.
Electronic Signature.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the website and your membership in the service. This Agreement may be modified by GAY URBAN SINGLES, LLC from time to time, such modifications to be effective upon posting by GAY URBAN SINGLES, LLC on the website. This Agreement includes GAY URBAN SINGLES, LLC policy/guidelines for Content Posted on the website, GAY URBAN SINGLES, LLC Privacy Policy and any notices or modifications regarding the website.
Termination.
To terminate your consent, please send an email to customersupport@gayurbansinles.com or a letter and self-addressed stamped envelope to: Gay Urban Singles, Box 641776, San Jose, CA 95164-1776.
Your termination of consent shall be effective within a reasonable time after we receive your termination notice described above. Your termination of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your termination.
Phone Contact.
By entering your phone number and clicking the contact box, you are granting GAY URBAN SINGLES, LLC the right to contact you by phone for site assistance. We will not share or sell this information with any other parties.
Eligibility.
You must be at least eighteen (18) years of age. Membership in the Service is void where prohibited. By using the Website, 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.
Membership.
You may become a member of the Service at no cost for a 90 day window. This ‘no cost’ window may increase, decrease or be removed at any time at the sole discretion of GAY URBAN SINGLES, LLC. After the 90 day window, you will have to purchase a subscription to participate in the features and services available within the website. Purchase prices will be published and regularly updated on the website.
Non-commercial Use by Members.
The website is only for the personal use of individual members and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and may not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the website is with the permission of GAY URBAN SINGLES, LLC, which may be revoked at any time, for any reason, in GAY URBAN SINGLES, LLC sole and absolute discretion.
Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password.
Interactions with Other Members.
You are solely responsible for your interactions with other members. You understand that GAY URBAN SINGLES, LLC does not in any way screen its members, nor does GAY URBAN SINGLES, LLC inquire into the backgrounds of its members or attempt to verify the statements of its members. GAY URBAN SINGLES, LLC makes no representation or warranty as to the conduct of its members or their compatibility with any current or future members. You agree to take reasonable precautions in all interactions with other members of the Service, particularly if you decide to meet offline or in person. You understand that GAY URBAN SINGLES, LLC makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your personal information(such as your address) or financial information (for example, your credit card or bank account information) to other members.
You are solely responsible for your interactions with other GAY URBAN SINGLES, LLC Members. GAY URBAN SINGLES, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
Limitation on Liability.
In no event shall GAY URBAN SINGLES, LLC be liable for any attorneys' fees or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, breach of contract, or any other claim of any type or nature resulting from your use, communications or meetings with other registered users of the Service or persons you may meet through the Service.
Content.
GAY URBAN SINGLES, LLC owns and retains all proprietary rights in the website and the service. The Website contains the copyrighted material, trademarks, and other proprietary information of GAY URBAN SINGLES, LLC Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
UNDER NO CIRCUMSTANCES WILL GAY URBAN SINGLES, LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USER OF THE SERVICE.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the service, or transmit to other members. You agree not to post on the Service, or transmit to other members, 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 agree not to provide inaccurate, misleading or false information to the Company or to any other member. If information you provided to GAY URBAN SINGLES, LLC or another member subsequently becomes inaccurate, misleading or false, you will promptly notify GAY URBAN SINGLES, LLC of such change.
You understand and agree that GAY URBAN SINGLES, LLC may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content") that in the sole judgment of GAY URBAN SINGLES, LLC violate this Agreement or which might be offensive, illegal, or that might harm, violate the rights of, or threaten the safety of members.
By posting Content to any public area of the website, you automatically grant, and you represent and warrant that you have the right to grant, to GAY URBAN SINGLES, LLC, and its successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by GAY URBAN SINGLES, LLC will not infringe or violate the rights of any third party.
The following is a partial list of the types of Content that are illegal or prohibited on the website. GAY URBAN SINGLES, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes, but is not limited to, Content that:
• is patently offensive to the online community, such as Content that promotes racism, homophobia, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • promotes the illegal or unauthorized duplication of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; • provides instructional information about illegal activities such as making or buying illegal weapons, violating any person's privacy, or providing or creating computer viruses; • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or • promotes commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations of your state and/or country.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
All information you include in your Member profile must be accurate, current and complete.
Prohibited Activities.
GAY URBAN SINGLES, LLC reserves the right 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. The following is a partial list of the types of actions that you may not engage in with respect to the Service:
• You may not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.
• You may not "stalk" or otherwise harass any person.
• You may not express or imply that any statements you make are endorsed by GAY URBAN SINGLES, LLC without our specific prior written consent.
• You may 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.
• You may 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.
• You may not remove any copyright, trademark or other proprietary rights notices contained in the Service.
• You may not interfere with or disrupt the Services or the Website or the servers or the computer networks connected to the Services or the Website.
• You may not post, email or otherwise transmit any material that contains software viruses 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.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• You may not "frame" or "mirror" any part of the Service or the Website, without GAY URBAN SINGLES, LLC prior written authorization. You also may not use meta tags or code or other devices containing any reference to GAY URBAN SINGLES, LLC or the Service or the site in order to direct any person to any other web site for any purpose.
• You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Subscriptions/Billing.
GAY URBAN SINGLES, LLC bills you through an online account (your "Billing Account") for use of the Service. You agree to pay GAY URBAN SINGLES, LLC all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize GAY URBAN SINGLES, LLC to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected payment method. GAY URBAN SINGLES, LLC reserves the right to correct any billing errors or mistakes that it makes, even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY GAY URBAN SINGLES, LLC IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If GAY URBAN SINGLES, LLC does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and GAY URBAN SINGLES, LLC shall provide, notice of the amount to be charged and the date of the charge at least ten days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that GAY URBAN SINGLES, LLC may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of any billing cycle.
YOU HAVE THE OPTION OF AUTO-RENEWAL. When you select this option, your GAY URBAN SINGLES, LLC membership will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, but your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Your non-termination or continued use of the Service reaffirms that GAY URBAN SINGLES, LLC is authorized to charge your Payment Method if you originally selected Auto-renew’ or select ‘Renew Membership’ after one subscription term has ended. GAY URBAN SINGLES, LLC may submit regularly occurring charges for payment and you will be responsible for such charges. This does not waive GAY URBAN SINGLES, LLC right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. If you select auto-renewal; you must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee for subsequent periods.
Modifications to Service.
GAY URBAN SINGLES, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GAY URBAN SINGLES, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy.
Disclaimers.
• GAY URBAN SINGLES, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. GAY URBAN SINGLES, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will GAY URBAN SINGLES, LLC or any of its advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service.
• The Website and the Service are provided "AS-IS" and GAY URBAN SINGLES, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GAY URBAN SINGLES, LLC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
• The Service may provide, or third parties may provide, links to other Internet sites or resources. Because GAY URBAN SINGLES, LLC has no control over such sites and resources, you acknowledge and agree that GAY URBAN SINGLES, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GAY URBAN SINGLES, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will GAY URBAN SINGLES, LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if GAY URBAN SINGLES, LLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GAY URBAN SINGLES, LLC 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 GAY URBAN SINGLES, LLC for the Service during the term of membership.
U.S. Export Controls.
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Jurisdiction and Choice of Law.
By using the Website, you expressly agree that if there is any dispute arising out of the Website and/or the Service, any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Santa Clara County, for the resolution of any such dispute.
You agree to defend, indemnify and hold GAY URBAN SINGLES, LLC, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other party due to or arising out of your use of the Service in breach of this Agreement and/or arising from a breach of this Agreement by you and/or any breach of your representations and warranties set forth above.
This Agreement and the Website are intended to comply with all State and federal laws governing dating services, to the extent that such laws apply. If any statute, law or ordinance creates any additional or different requirement than those contained in this Agreement, such statute, law or ordinance shall control.
Acceptance.
This Agreement, accepted by selecting the "I Accept" checkbox or by using or becoming a Member of the Service, contains the entire agreement between you and GAY URBAN SINGLES, LLC regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
You agree to the provision below when you elect to become a “Member” of GAY URBAN SINGLES, LLC aka as “gayurbansingles.com.” These Terms of Use are subject to change by GAY URBAN SINGLES, LLC at any time, effective upon posting on the GAY URBAN SINGLES, LLC and your use of the services offered on the website after such posting will constitute acceptance by you of such changes.
In accepting the Terms of Use Agreement, you are agreeing to all of the following items below:
Term.
This Agreement will remain in full force and effect while you use the Website and/or are a member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the “My Account” pages of the site.
If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you have paid prior to your termination). GAY URBAN SINGLES, LLC may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to GAY URBAN SINGLES, LLC. If GAY URBAN SINGLES, LLC terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts will be made in the sole and absolute discretion of GAY URBAN SINGLES, LLC. GAY URBAN SINGLES, LLC is not required to provide you notice prior to terminating your membership and/or subscription. GAY URBAN SINGLES, LLC is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect.
Electronic Signature.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the website and your membership in the service. This Agreement may be modified by GAY URBAN SINGLES, LLC from time to time, such modifications to be effective upon posting by GAY URBAN SINGLES, LLC on the website. This Agreement includes GAY URBAN SINGLES, LLC policy/guidelines for Content Posted on the website, GAY URBAN SINGLES, LLC Privacy Policy and any notices or modifications regarding the website.
Termination.
To terminate your consent, please send an email to customersupport@gayurbansinles.com or a letter and self-addressed stamped envelope to: Gay Urban Singles, Box 641776, San Jose, CA 95164-1776.
Your termination of consent shall be effective within a reasonable time after we receive your termination notice described above. Your termination of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your termination.
Phone Contact.
By entering your phone number and clicking the contact box, you are granting GAY URBAN SINGLES, LLC the right to contact you by phone for site assistance. We will not share or sell this information with any other parties.
Eligibility.
You must be at least eighteen (18) years of age. Membership in the Service is void where prohibited. By using the Website, 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.
Membership.
You may become a member of the Service at no cost for a 90 day window. This ‘no cost’ window may increase, decrease or be removed at any time at the sole discretion of GAY URBAN SINGLES, LLC. After the 90 day window, you will have to purchase a subscription to participate in the features and services available within the website. Purchase prices will be published and regularly updated on the website.
Non-commercial Use by Members.
The website is only for the personal use of individual members and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and may not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the website is with the permission of GAY URBAN SINGLES, LLC, which may be revoked at any time, for any reason, in GAY URBAN SINGLES, LLC sole and absolute discretion.
Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password.
Interactions with Other Members.
You are solely responsible for your interactions with other members. You understand that GAY URBAN SINGLES, LLC does not in any way screen its members, nor does GAY URBAN SINGLES, LLC inquire into the backgrounds of its members or attempt to verify the statements of its members. GAY URBAN SINGLES, LLC makes no representation or warranty as to the conduct of its members or their compatibility with any current or future members. You agree to take reasonable precautions in all interactions with other members of the Service, particularly if you decide to meet offline or in person. You understand that GAY URBAN SINGLES, LLC makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your personal information(such as your address) or financial information (for example, your credit card or bank account information) to other members.
You are solely responsible for your interactions with other GAY URBAN SINGLES, LLC Members. GAY URBAN SINGLES, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
Limitation on Liability.
In no event shall GAY URBAN SINGLES, LLC be liable for any attorneys' fees or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, breach of contract, or any other claim of any type or nature resulting from your use, communications or meetings with other registered users of the Service or persons you may meet through the Service.
Content.
GAY URBAN SINGLES, LLC owns and retains all proprietary rights in the website and the service. The Website contains the copyrighted material, trademarks, and other proprietary information of GAY URBAN SINGLES, LLC Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
UNDER NO CIRCUMSTANCES WILL GAY URBAN SINGLES, LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USER OF THE SERVICE.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the service, or transmit to other members. You agree not to post on the Service, or transmit to other members, 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 agree not to provide inaccurate, misleading or false information to the Company or to any other member. If information you provided to GAY URBAN SINGLES, LLC or another member subsequently becomes inaccurate, misleading or false, you will promptly notify GAY URBAN SINGLES, LLC of such change.
You understand and agree that GAY URBAN SINGLES, LLC may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content") that in the sole judgment of GAY URBAN SINGLES, LLC violate this Agreement or which might be offensive, illegal, or that might harm, violate the rights of, or threaten the safety of members.
By posting Content to any public area of the website, you automatically grant, and you represent and warrant that you have the right to grant, to GAY URBAN SINGLES, LLC, and its successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by GAY URBAN SINGLES, LLC will not infringe or violate the rights of any third party.
The following is a partial list of the types of Content that are illegal or prohibited on the website. GAY URBAN SINGLES, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes, but is not limited to, Content that:
• is patently offensive to the online community, such as Content that promotes racism, homophobia, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • promotes the illegal or unauthorized duplication of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; • provides instructional information about illegal activities such as making or buying illegal weapons, violating any person's privacy, or providing or creating computer viruses; • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or • promotes commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations of your state and/or country.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
All information you include in your Member profile must be accurate, current and complete.
Prohibited Activities.
GAY URBAN SINGLES, LLC reserves the right 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. The following is a partial list of the types of actions that you may not engage in with respect to the Service:
• You may not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.
• You may not "stalk" or otherwise harass any person.
• You may not express or imply that any statements you make are endorsed by GAY URBAN SINGLES, LLC without our specific prior written consent.
• You may 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.
• You may 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.
• You may not remove any copyright, trademark or other proprietary rights notices contained in the Service.
• You may not interfere with or disrupt the Services or the Website or the servers or the computer networks connected to the Services or the Website.
• You may not post, email or otherwise transmit any material that contains software viruses 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.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• You may not "frame" or "mirror" any part of the Service or the Website, without GAY URBAN SINGLES, LLC prior written authorization. You also may not use meta tags or code or other devices containing any reference to GAY URBAN SINGLES, LLC or the Service or the site in order to direct any person to any other web site for any purpose.
• You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Subscriptions/Billing.
GAY URBAN SINGLES, LLC bills you through an online account (your "Billing Account") for use of the Service. You agree to pay GAY URBAN SINGLES, LLC all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize GAY URBAN SINGLES, LLC to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected payment method. GAY URBAN SINGLES, LLC reserves the right to correct any billing errors or mistakes that it makes, even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY GAY URBAN SINGLES, LLC IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If GAY URBAN SINGLES, LLC does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and GAY URBAN SINGLES, LLC shall provide, notice of the amount to be charged and the date of the charge at least ten days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that GAY URBAN SINGLES, LLC may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of any billing cycle.
YOU HAVE THE OPTION OF AUTO-RENEWAL. When you select this option, your GAY URBAN SINGLES, LLC membership will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, but your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Your non-termination or continued use of the Service reaffirms that GAY URBAN SINGLES, LLC is authorized to charge your Payment Method if you originally selected Auto-renew’ or select ‘Renew Membership’ after one subscription term has ended. GAY URBAN SINGLES, LLC may submit regularly occurring charges for payment and you will be responsible for such charges. This does not waive GAY URBAN SINGLES, LLC right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. If you select auto-renewal; you must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee for subsequent periods.
Modifications to Service.
GAY URBAN SINGLES, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GAY URBAN SINGLES, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy.
Disclaimers.
• GAY URBAN SINGLES, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. GAY URBAN SINGLES, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will GAY URBAN SINGLES, LLC or any of its advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service.
• The Website and the Service are provided "AS-IS" and GAY URBAN SINGLES, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GAY URBAN SINGLES, LLC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
• The Service may provide, or third parties may provide, links to other Internet sites or resources. Because GAY URBAN SINGLES, LLC has no control over such sites and resources, you acknowledge and agree that GAY URBAN SINGLES, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GAY URBAN SINGLES, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will GAY URBAN SINGLES, LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if GAY URBAN SINGLES, LLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GAY URBAN SINGLES, LLC 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 GAY URBAN SINGLES, LLC for the Service during the term of membership.
U.S. Export Controls.
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Jurisdiction and Choice of Law.
By using the Website, you expressly agree that if there is any dispute arising out of the Website and/or the Service, any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Santa Clara County, for the resolution of any such dispute.
You agree to defend, indemnify and hold GAY URBAN SINGLES, LLC, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other party due to or arising out of your use of the Service in breach of this Agreement and/or arising from a breach of this Agreement by you and/or any breach of your representations and warranties set forth above.
This Agreement and the Website are intended to comply with all State and federal laws governing dating services, to the extent that such laws apply. If any statute, law or ordinance creates any additional or different requirement than those contained in this Agreement, such statute, law or ordinance shall control.
Acceptance.
This Agreement, accepted by selecting the "I Accept" checkbox or by using or becoming a Member of the Service, contains the entire agreement between you and GAY URBAN SINGLES, LLC regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.