PositiveSingles.com
The largest anonymous STD dating site!
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| FAQs, Harrassment, Terms of Service |
The gayhivpoz.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. YOUR 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@gayhivpoz.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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