In these terms and conditions, "us", "we" or "our" means Gaybar.us.com .
It is important to us that you understand these terms and conditions. If you have any questions, please contact via the Helpdesk (http://www.Gaybar.us.com.com.au/helpdesk) or Feedback (http://www.Gaybar.us.com/feedback) pages.
2. We may change the Gaybar.us.com Terms at any time. If we do, an amended version of the Gaybar.us.com Terms will be posted on Gaybar.us.com. You are responsible for ensuring that you regularly review the Gaybar.us.com Terms and your continued use of Gaybar.us.com after any changes are made to the Gaybar.us.com Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the Gaybar.us.com Terms, or otherwise become dissatisfied with your membership of Gaybar.us.com, your only remedy is to immediately:
a. discontinue your use of Gaybar.us.com; and/or
b. terminate your membership in accordance with the Gaybar.us.com Terms.
1. You must be at least 18 years old to become a member of Gaybar.us.com. You must not attempt to register if you are under 18 years old.
2. When registering as a member of Gaybar.us.com, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account Settings.
3. As a member, you are permitted to create one Gaybar.us.com profile for yourself. You must not create multiple member profiles.
1. You are responsible for maintaining the confidentiality and security of your Gaybar.us.com member name and password. You are wholly responsible for all activities that occur under your Gaybar.us.com member name and password. You agree to immediately notify Gaybar.us.com of any unauthorised use of your Gaybar.us.com member name or password. You must ensure that you exit from your Gaybar.us.com account at the end of each session.
2. Gaybar.us.com may at any time request a form of identification to verify your identity and/or your compliance with the Gaybar.us.com Terms.
Service and Features
1. As a member, you have the ability to access chargeable features and services available on Gaybar.us.com (such as Gaybar.us.com email, Gaybar.us.com instant messaging, subscription services or any other chargeable service or feature that becomes available from time to time).
2. Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on Gaybar.us.com. Any such additional terms and conditions form part of the Gaybar.us.com Terms.
3. We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on Gaybar.us.com.
4. We reserve the right to change the pricing for any chargeable service or feature on Gaybar.us.com at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of Gaybar.us.com or terminate your membership in accordance with the Gaybar.us.com Terms.
5. Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on Gaybar.us.com will be stated GST inclusive. Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited to your account.
6. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.
7. While we use reasonable endeavours to ensure that Gaybar.us.com is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to Gaybar.us.com may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
8. We reserve the right to change or discontinue any service or feature of Gaybar.us.com in whole or in part any time.
9. You are not permitted to transfer any services or features purchased by you to any other person.
10. In no event will you be entitled to any refund of payments for chargeable services or features pre-paid by you. We will review requests for refunds at our sole discretion.
Termination and Suspension
1. You may terminate your membership of Gaybar.us.com for any reason only by providing written notice to us. You can provide notice of termination by:
i. selecting 'terminate account' within your account settings and following the instructions;
ii. mailing it to our postal address listed on Gaybar.us.com; or
iii. emailing us via the Contact Us (http://www.Gaybar.us.com/helpdesk) page.
2. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
i. suspend your membership;
ii. permanently or temporarily hide all or part of your member profile;
iii. modify your member profile;
iv. terminate your membership for any reason by providing notice to you by email;
v. terminate your membership immediately without notice to you if you have committed a breach of the Gaybar.us.com Terms;
vi. deactivate your membership if you have not used Gaybar.us.com for a period of 6 months or more (from the date of last use); and/or
permanently or temporarily block your access to all or part of Gaybar.us.com.
1. Any images, sounds, or text (Content) that you transmit or post on Gaybar.us.com, or otherwise transmit to any other member of Gaybar.us.com by any other means, must be complete and accurate.
2. You agree not to post or transmit on Gaybar.us.com, or otherwise transmit to any other member of Gaybar.us.com by any other means, Content that:
3. is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
4. is false or misleading in any way;
5. infringes the rights of any third party;
6. you do not have a right to make available under any law or contractual obligation;
7. is sexually explicit or contains sexual references / innuendo;
8. pertains to group sexual activity or soliciting contact for the purpose of extra marital (martial, de facto or relationship) encounters or affairs;
9. contains restricted or password only access pages, or hidden content; or
10. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
11. Without limiting the above, you must not transmit or post on Gaybar.us.com, or otherwise transmit to any other member of Gaybar.us.com by any other means, any images that contain:
12. images of any person other than you;
14. images of animals;
15. a cartoon or illustration.
16. You are solely responsible for Content that you transmit or post on Gaybar.us.com, or otherwise transmit to any member of Gaybar.us.com by any other means.
17. We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on Gaybar.us.com, or otherwise transmitted to any member of Gaybar.us.com by any other means, by any person.
18. We reserve the right, but have no obligation, to review Content transmitted or posted on Gaybar.us.com, or (where possible) otherwise transmitted to any member of Gaybar.us.com by any other means.
19. Without limiting your responsibilities under the Gaybar.us.com Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Gaybar.us.com Terms or otherwise has the potential to harm, endanger or violate the rights of any person.
20. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on Gaybar.us.com, or otherwise transmitted to any other member of Gaybar.us.com by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on Gaybar.us.com, or otherwise transmitted to any other member of Gaybar.us.com by any other means.
Use of Gaybar.us.com and Prohibited Activities
1. You agree not to use Gaybar.us.com (or contact any other Gaybar.us.com member) to:
2. defame, abuse, harass, stalk, threaten or otherwise offend others;
3. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
4. impersonate or create a profile for any person or entity;
5. promote, or provide information about, illegal activities or conduct;
6. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
7. exploit any person under the age of 18, or to solicit information from anyone under 18; or
8. solicit money, passwords or personal information from any person.
9. You also agree not to
10. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of Gaybar.us.com;
11. "frame" or "mirror" any part of Gaybar.us.com without our prior written authorization;
12. use code or other devices containing any reference to Gaybar.us.com to direct other persons to any other web page;
13. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Gaybar.us.com or cause any other person to do so.
14. Gaybar.us.com is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. Gaybar.us.com must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to Gaybar.us.com is prohibited.
15. We have no obligation to monitor any member's use of Gaybar.us.com, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
Complaints and Disputes
1. Unfortunately, it is possible that other members of Gaybar.us.com may use Gaybar.us.com in violation of the Gaybar.us.com terms. For example, it is possible that another member may post or transmit on Gaybar.us.com Content that is obscene or offensive, or use Gaybar.us.com to harass you.
2. We take your online and offline security very seriously. As such, we have prepared some safe dating guidelines (http://www.Gaybar.us.com/help/) to help you enjoy your Gaybar.us.com experience and avoid problems when interacting with other members.
3. We urge you to be cautious when interacting with other members of Gaybar.us.com. You should carefully select the Content that you post or transmit on Gaybar.us.com, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on Gaybar.us.com, or otherwise transmit to any other member of Gaybar.us.com by any other means, will be considered non-confidential.
4. If you are experiencing problems with any other member of Gaybar.us.com and would like to make a complaint, please send us an email via the Feedback (http://www.Gaybar.us.com/feedback) page.
5. Note that you can also use the Gaybar.us.com "blocking" feature if you wish to stop any other member from viewing your profile or contacting you.
6. We may record and store any information relating to any complaint made against you.
7. We reserve the right, but have no obligation, to monitor disputes between members of Gaybar.us.com.
8. You agree to hold us harmless in connection with any dispute or claim that you make against any other member of Gaybar.us.com.
1. We own and retain all proprietary rights in and relating to Gaybar.us.com. Proprietary rights in and relating to Gaybar.us.com must not be used in any way without our prior written consent.
2. You warrant that any Content that you post or transmit on Gaybar.us.com, or otherwise transmit to any other member of Gaybar.us.com by any other means, will not infringe the intellectual property rights of any third party.
4. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on Gaybar.us.com, or otherwise transmitted to any member of Gaybar.us.com, other than their own Content, without the express written permission of the relevant owner.
5. If you believe that any Content has been posted or transmitted on Gaybar.us.com, or otherwise transmitted to any member of Gaybar.us.com by any other means, in violation of your rights, please send us an email via the Contact Us (http://www.Gaybar.us.com/helpdesk) page.
1. From time to time, Gaybar.us.com may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
2. External Activities may be subject to separate terms and conditions.
3. You acknowledge that you participate in any External Activities entirely at your own risk.
4. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or Gaybar.us.com is associated with such activity) we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
5. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Gaybar.us.com Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
Third Party Websites and Advertising
1. From time to time, Gaybar.us.com may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of Gaybar.us.com and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave Gaybar.us.com entirely at your own risk.
2. From time to time, Gaybar.us.com may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of Liability and Indemnity
1. You acknowledge that you use Gaybar.us.com at your own risk.
2. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with Gaybar.us.com, or any other members' use of or conduct in connection with Gaybar.us.com, in any circumstance.
3. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with Gaybar.us.com, including any breach by you of the Gaybar.us.com Terms.
4. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Gaybar.us.com Terms, might apply in relation to your use of Gaybar.us.com.
5. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for any chargeable service or feature on Gaybar.us.com purchased by you during the term of your membership.
6. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
1. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Gaybar.us.com Terms or your use of Gaybar.us.com.
2. The Gaybar.us.com Terms represent the entire agreement between you and us regarding your use of Gaybar.us.com.
3. If any provision of the Gaybar.us.com Terms is held to be invalid, the remainder of the Gaybar.us.com Terms shall continue in full force and effect.
4. You agree that the Gaybar.us.com Terms will be governed by the laws of Western Australia.