Gayandabout Terms and Conditions (Version 2008)
Crami LLC. ("Gayandabout") operates a social and business network web site located at http://www.gayandabout.com and any other Gayandabout-branded services provided to you by Gayandabout (the Gayandabout website and other Gayandabout -branded services are together referred to as the "Website").
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING, BROWSING AND/OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ELECT TO BE A REGISTERED MEMBER (DESCRIBED BELOW) BY REGISTERING, YOU FURTHER CONFIRM BY SUCH REGISTRATION THAT YOU ARE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT REGISTER TO BECOME A REGISTERED MEMBER AND DO NOT BROWSE THE WEBSITE. GAYANDABOUT MAY ALSO MODIFY THESE TERMS OF USE AT ANY TIME, WITHOUT NOTICE IN ITS SOLE DISCRETION. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY MODIFICATION WILL CONSTITUTE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF USE AS MODIFIED. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access to the Website:
Subject to these Terms and Conditions, you may use the Website as a "Visitor" (which means you are just browsing the Website) or a "Registered Member" (which means you have registered as a member of the Website). Visitors may register their identifying information and become a Registered Member. As a Registered Member, you have a personalized home page consisting of content and services that you develop, manage and maintain and such other functionality made available to you on the Website.
Gayandabout is not available to persons under the age of 18 or to any previously Registered Members suspended or removed from the service by Gayandabout for any reason. It is a condition of your use of this Website that all the information you provide on this Website will always be correct, current, and complete.
Use of Service:
Your use of the Website is governed by these Terms and Conditions. Gayandabout may refuse service without prior notice to any user for any or no reason. You may not use this Website for any other purpose without Gayandabout express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand this Website, or (ii) frame this Website, or (iii) hyper-link to this Website in a manner inconsistent with these Terms and Conditions or in an inappropriate manner as determined by Gayandabout in its sole discretion, without the express prior written permission of an authorized representative of Gayandabout.
Registered Member Passwords/Account:
If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You may change your password at any time by updating your profile on www.gayandabout.com. You agree to immediately notify Gayandabout of any unauthorized use of your password or account or any other breach of security. Gayandabout cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that Gayandabout may in its sole discretion immediately terminate your Gayandabout account and access to the Website without prior notice. Without limiting the foregoing, the following will lead to a termination by Gayandabout of a user's use of the Website: (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity.
Termination of your Gayandabout account includes removal of access to all offerings within the Website and may also bar you from further use of the Website. You understand that such termination may result in permanent loss of all information and content associated with your account. Consequently, you should maintain your own copies of all of your information and content. Furthermore, you agree that Gayandabout shall not be liable to you nor any third-party for any termination of your account or access to the Website.
Privacy Policy:
Gayandabout policies and procedures with respect to its collection and use of your personally identifiable information are governed by our Privacy Policy. To view the Gayandabout Privacy Policy, please visit http://gayandabout.com/home/privacy_policy/id/1.
Proprietary Information and Trademarks:
Gayandabout is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas and engage in a rich content experience. The Website includes proprietary information (including copyrighted works, trademarks, service marks, logos) owned by Gayandabout and its licensors, which we refer to as "Gayandabout Content". Additionally the Website includes the ability for Visitors and Registered Users to add "User Content" to personalized areas or "profiles" and to add comments, messages and other communications in various areas of the Website; we define and refer to "User Content" below.
Gayandabout Content:
The Gayandabout Content is the proprietary information of Gayandabout or the party that provided the Gayandabout Content to Gayandabout, and Gayandabout or the party that provided the Gayandabout Content to Gayandabout retains all right, title, and interest in the Gayandabout Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Gayandabout, except that you may print out a copy of the Gayandabout Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Gayandabout Content. Modification or use of the Gayandabout Content except as expressly provided in these Terms and Conditions violates Gayandabout or other third party’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website. We make no guarantee regarding the reliability, accuracy, or quality of any Gayandabout Content.
Trademarks, service marks, and logos appearing in this Website are the property of Gayandabout or the party that provided the Gayandabout Content to Gayandabout. Gayandabout and any party that provided the Gayandabout Content retain all rights with respect to any of their respective copyrights, trademarks, service marks, or other proprietary rights in the Gayandabout Content.
User Content:
We refer to the ideas, suggestions, opinions, comments, observations, recommendations about any issue (including about the quality, appropriateness of any use, price, description or other information about any good (which includes any materials or content) and service), and including all text, data, photographs, video, music, sound, chat, messages, blogs, files and any other material provided to us by Gayandabout Visitors and Registered Members as "User Content".
The interactive nature of the Website makes it impossible for us to assume responsibility for any of the User Content that may be accessible to Visitors or Registered Members, or otherwise may be publicly displayed or copied. Similarly, no Gayandabout Content is endorsed by Gayandabout, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such person. You acknowledge that Gayandabout may or may not pre-screen User Content, but that Gayandabout and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Website, with or without notice.
Gayandabout requires certain rights to User Content to operate the Website. You hereby grant to Gayandabout the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display all User Content solely on and through the Website and other Gayandabout -branded products and services and to advertise, promote, market, demonstrate, or provide instructional materials and services using commercially reasonable portions of the User Content in any form, media or technology now known or later developed. Gayandabout will not be required to treat any User Content as confidential, and may use any User Content in its business in a manner consistent with the foregoing license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Gayandabout operations.
Gayandabout hopes to consistently improve and add to the Website and business. If the foregoing license is determined by Gayandabout to be inadequate to appropriately provide such improvements or additions, Gayandabout will amend these Terms of Use to grant Gayandabout such additional license rights to User Content, provided that such terms will only apply to User Content submitted by you prior to the amendment, if you do not remove the User Content within thirty (30) days after the amendment is first published on the Website.
You represent and warrant that: (i) you own the User Content posted by you on or through the Website or you otherwise have the right to grant the license set forth in this section, (ii) the "posting" (that is, the displaying, publishing or transmitting (such as by email or otherwise) of your User Content on or through the Website does not violate any law or regulation; and (iii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, patents, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website.
You may not infringe upon the User Content of others. Which means you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the third party's User Content.
Hyperlinks:
This Website may be hyper-linked to other Websites which are not maintained by, or related to, Gayandabout. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with Gayandabout. Such Websites are not governed by Gayandabout Terms and Conditions but may be governed by other terms of use. Gayandabout has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and Gayandabout makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Website. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Gayandabout of that site.
Commercial Activities:
Gayandabout intends for the dynamic nature of the Website to include "social marketplace" (or marketplace), which encourages commerce through dynamic social networks such as the Website. Such "social marketplace" activities shall be governed by these Terms of Use including the "Gayandabout marketplace Policy," as published from time-to-time on the Website which is hereby incorporated by reference into these Terms of Use. Other than as stated in the Gayandabout marketplace Policy or herein, the Website is solely for your and other Visitors and Registered Member's personal use and may not be used for any commercial activities or endeavors, including by way of example display of banners or other commercial advertisements, affiliate links, and any other advertisement, solicitation, offer or sale of any goods or services. Appropriate legal action will be taken for any illegal or unauthorized use of the Website. You agree that all commercial activities (to the extent permitted herein and in the Gayandabout marketplace Policy) shall at all times be conducted in compliance with all licensing, tax and all other applicable laws and regulations of every governmental authority having jurisdiction over such commercial activities.
You may market your own goods and services using the Website through the Website's classifieds services solely for your personal use. You may not include in classifieds banner ads, affiliate advertising or other advertisements or references to goods and services of any third party. All classifieds and any other messages you post or transmit on the Website whether of a commercial or non-commercial nature (other than personally identifiable information), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such classifieds or other messages may be used by the Website or our affiliates, without review or approval by you, for any purpose whatsoever. In addition to the license to Use Content (which includes classifieds), you grant the Website (and our affiliates) the irrevocable right to distribute and use your classifieds and other messages (which right includes changing the format of the User Content), without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media now or later developed in perpetuity without notice or compensation to you.
Reliance on Content and Services:
Gayandabout presents content and services for the purpose of informing, entertaining, and creating an enriched community among Gayandabout Visitors and Registered Members. Gayandabout intent is not to provide exhaustive information or advice on a particular topic, or with respect to any advice, good or service described or otherwise identified on the Website. You agree not to rely on information provided by Gayandabout to suggest an authoritative, accurate or even appropriate course of action for any person with respect to any subject, including by way of example, the solicitation, offer or sale of goods or services, legal, financial, educational, medical, or mental health issues or concerns. The information contained on the Website should not replace a consultation with a qualified expert in any field, such as an attorney, accountant, financial or investment advisor, teacher, physician, health care provider, or therapist.
Fees:
You acknowledge that Gayandabout reserves the right to charge for the Website (or any specific service offered by Gayandabout) and to change its fees from time to time in its discretion. If you are a Registered Member and Gayandabout terminates you because you have breached these Terms and Conditions, you shall not be entitled to the refund of any unused portion of subscription fee(s) or other charged fee(s). Further, Gayandabout reserves the right to discontinue the Website or any portion thereof without prior notice.
User Conduct:
The following rules of conduct apply to your use of the Website and to any and all User Content you post on Gayandabout. Gayandabout reserves the right, in its sole discretion, to terminate a Registered Member's account, investigate and take appropriate legal action, and delete any or all of your User Content.
You may not, in connection with the Website:
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Gayandabout Copyright Agent for notice of claims of copyright infringement can be reached as follows: Legal Department, Crami LLC. Email: copyright@gayandabout.com.
Indemnity:
You agree to indemnify and hold Gayandabout and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of the Terms and Conditions, or your violation of any rights of another.
You will indemnify and hold Gayandabout, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by you, including any use of User Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
Modifications of the Website:
Gayandabout reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Gayandabout shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Gayandabout may establish general practices and limits concerning use of the Website. You agree that Gayandabout has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by Gayandabout. Such loss may be without notice to you; consequently, you should always maintain your own copy of your User Content.
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAYANDABOUT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GAYANDABOUT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE WEBSITE (WHICH INCLUDES ALL GAYANDABOUT SERVICES) WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE USER CONTENT, GAYANDABOUT CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE WEBSITE WILL BE ACCURATE, RELIABLE OR COMPLETE; (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH GAYANDABOUT WILL MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAYANDABOUT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Limitation of Liabilities:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAYANDABOUT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAYANDABOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY USER CONTENT, GAYANDABOUT CONTENT OR OTHER MATTER RELATING TO THE WEBSITE OR GAYANDABOUT.
Exclusions and Limitations:
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 ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Security:
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Gayandabout reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Gayandabout reserves the right to investigate suspected violations of these Terms and Conditions.
Gayandabout reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Gayandabout to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other User Content that are believed or alleged (reasonably or not) to violate these Terms and Conditions or any law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GAYANDABOUT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GAYANDABOUT DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GAYANDABOUT OR LAW ENFORCEMENT AUTHORITIES.
Notice:
Gayandabout may provide you with notices, including those regarding changes to the Terms of Use, Privacy Policy and Gayandabout Marketplace Policy, by email, regular mail, posting new versions of the Terms of Use. Privacy Policy or Gayandabout Marketplace Policy, or other postings on the Website.
Violations of Terms and Conditions:
Please report any violations of the Terms and Conditions, Privacy Policy or Gayandabout Marketplace Policy to privacy@gayandabout.com.
Member Disputes:
You are solely responsible for your interactions with other Gayandabout users. Gayandabout reserves the right, but has no obligation, to monitor disputes between you and other Visitors or Registered Users. You agree to cooperate with Gayandabout should Gayandabout notify you that it has elected to exercise this right to monitor a dispute.
Disputes:
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, City of Delray Beach. Either Gayandabout or you may demand that any dispute between Gayandabout and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Delray Beach, Florida, USA, provided that the foregoing shall not prevent Gayandabout from seeking injunctive relief in a court of competent jurisdiction.
If Gayandabout does take any legal action against you as a result of your violation of these Terms and Conditions, Gayandabout will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Gayandabout.
U.S. Export Controls:
Software available in connection with the 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 in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Other:
This Agreement constitutes the entire agreement between you and Gayandabout regarding the use of the Website. The failure of Gayandabout to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Gayandabout is a service mark of Crami LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The following sections shall survive any termination of this Agreement: "Fees", "Disputes", "Notice", "Limitation on Liability", "Indemnity", "Proprietary Information and Trademarks", and other sections which, by their terms, survive termination.
Gayandabout Terms and Conditions (Version 2008)