Gay-Bears.com User Agreement|
Last Updated April 3, 2009
We have updated our User Agreement.
You are responsible for reviewing and becoming familiar with all of these new terms.
Your use of the Gay-Bears.com site and services
following this notification constitutes your acceptance of these new terms of service,
as well as the terms and conditions contained in the Gay-Bears.com
If you do not want the information you provided to us in the past used in the ways
Gay-Bears.com User Agreement
Gay-Bears.com (the "Company") currently provides online information, entertainment,
and communication services on the Web site Gay-Bears.com
("Gay-Bears.com") and in other locations (collectively, the "Network").
BY USING AND/OR REGISTERING TO BECOME A MEMBER OF THE NETWORK, YOU ARE STATING THAT
YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
GAY-BEARS.COM USER AGREEMENT (THE "AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY.
IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE THE NETWORK
OR ANY SERVICES PROVIDED IN CONNECTION WITH THE NETWORK.
If you have any questions regarding this Agreement, please feel free to contact
* Gay-Bears.com Member Profiles
To use the Network, you do not have to register to become a Gay-Bears.com member ("Member").
As a Member, however, you will have access to various services to which
non-Members do not have access, some of which will enable you and other Members
to interact with each other ("Member Areas"). These Member Areas include, without limitation,
* Gay-Bears.com Message Boards
* Gay-Bears.com Chatrooms
* Gay-Bears.com Member Email
If you would like to register to become a Member, please complete the membership
registration form for the appropriate web site. You agree to (a) provide true,
accurate, current and complete information as prompted by the registration form
and (b) maintain and update such information to keep it true, accurate, current,
and complete at all times. If any information provided by you on the registration
form is untrue, inaccurate, not current, or incomplete, or if we have reasonable
grounds to so believe, we have the right to suspend or terminate your membership
and to refuse to provide you with any future membership. If we have reason to believe
that you have registered someone other than yourself, we will cooperate with any
law enforcement investigation that may result from such misrepresentations and shall
have the right, in our sole discretion, to disclose any information you provided
to us in connection with such registration.
The Company makes a good faith effort to prohibit registration as a Member by,
and will not knowingly collect or store personal information from, children
under the age of 18.
We reserve the right to modify or discontinue, temporarily or permanently,
the Network (or any part thereof) with or without notice. You agree that the
Company shall not be liable to you or to any third party for any such action.
We reserve the right at any time to charge fees for access to new Network
content or services or to portions of the existing Network content or services
or to the Network as a whole. In no event will you be charged for access to
any Network content or service, or to the Network as a whole, unless we obtain
your prior agreement to pay such charges. If you do not consent to such charges,
however, you may not have access to paid content or services.
Following are some basic rules that apply to the Network and that you agree to follow.
If you violate any of the Network rules, or if we have reasonable grounds to so believe,
we have the right to deny you access to the Network, to suspend or terminate your
membership and to refuse to provide you with any future membership.
You agree not to use the Network to:
Violations of these terms subject any profile holder
to lockout or immediate deletion and forfeiture of any funds paid for premium
membership. Acceptance of any profile or account on this site is at the sole descretion of the webmaster
and any account or profile may be removed at any time without notice and for any reason.
- upload, store, post, email or otherwise transmit any: (a) material that is inaccurate,
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, racist, bigoted
or otherwise objectionable, (b) material that you do not have a right to transmit
under any applicable law or under contractual or fiduciary relationships,
(c) material that infringes any patent, trademark, trade secret, copyright or
other proprietary right of any party, (d) advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation,
except where specifically permitted, or (e) 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;
- connect in an unauthorized manner (i.e., by means other than the chat clients
provided by the Company) to the chat environment the Company provides for use by
its Members on the Network or facilitate such unauthorized connections through the
provision of software or other computer code specifically designed to allow a user
to make such unauthorized connections to the Company's chat environment;
- copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code of the chat clients or any other
software the Company provides for use by its Members;
- impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any material transmitted through the Network;
- disrupt the normal flow of dialogue, (e.g., "flooding" chat), or otherwise act
in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Network or servers, networking and computing equipment
or networks connected to the Network, or disobey any requirements, procedures, policies
or regulations of networks connected to the Network;
- initiate, facilitate, participate in or distribute a denial of service attack,
exploit any documented or undocumented vulnerability in the Network and its component
networking or computing equipment, or otherwise initiate, facilitate, or participate
in any malicious action aimed at the Network;
- try to gain access to areas that are private to the Company or to other Network users;
- violate any applicable local, state, national or international law or any regulation
having the force of law;
- stalk or otherwise harass another;
- harm minors in any way, including, without limitation, to establish unlawful contact
with minors (whether on or off the Network);
- collect, intercept or harvest screen names; collect, intercept or store personal
data about other users of the Network; or solicit or attempt to discover a user's password,
screen name, or other registration information, sharing passwords or login information of any kind with another account holder;
- engage in or run raffles, lotteries, contests, or sweepstakes;
- promote or provide instructions or information about how to engage in illegal
conduct or commit illegal activities, promote physical harm or injury, or promote any
illegal act; or
- store any information or use any Web page or directory you create on or through
the Network as storage for remote loading or as a door or signpost to another Web page,
whether inside or outside the Network.
- One account per person per household only;
You acknowledge that we do not pre-screen material posted or transmitted on the Network,
but that we and our designees shall have the right (but not the obligation) in our sole
discretion to review and edit, delete or refuse to post any material submitted for display
or placed on the Network, including but not limited to message board posts, profiles,
images, and reviews. Without limiting the foregoing, we and our designees shall have
the right to remove any material that violates this Agreement, that we believe in good
faith may create liability for us, or that we deem is otherwise objectionable.
You acknowledge and agree that we may preserve material and may disclose material
if required to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement;
(c) respond to claims that any material violates the rights of third parties;
or (d) in our sole judgment, protect the rights, property, or personal safety of the Company,
its users or the public.
see the applicable document for more details.
A Public Area ("Public Area") of the Network is any area where you may submit material
("Submissions") for viewing by others or view Submissions of other users,
such as bulletin boards, forums, personals, Member profiles, or chat rooms.
In some of these areas, a Submission includes the name, ID, nickname, and/or other
information that would be displayed with the submitted material, as applicable.
You agree to use Public Areas in accordance with this Agreement and any policies for the
Public Areas that are displayed on the Network.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY THE COMPANY AND HOLD IT
HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER,
INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically grant the Company the
royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform and display and distribute the content
of the Submission (in whole or in part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or hereafter developed. You also permit any
other user of the Network to access, view, store, or reproduce the Submission for that
user's personal use.
Our provision of a link to any other site or location is for your convenience and does
not signify our endorsement of such other site or location or its contents.
The Company shall not be responsible for any information, software, or links found at any
other World Wide Web site, Internet location, or source of information, for your use of
such information, or for e-commerce transactions conducted at or through any linked site
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE NETWORK, INCLUDING, WITHOUT LIMITATION,
ANY MATERIAL AND/OR DATA DEVELOPED BY THE COMPANY OR BY THIRD PARTIES
("INFORMATION PROVIDERS"), IS AT YOUR SOLE RISK. THE NETWORK, AND ANY CONTENT OR MATERIALS
AVAILABLE THROUGH THE NETWORK, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY AND THE INFORMATION
PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY AS TO RESULTS THAT MAY BE OBTAINED THROUGH
USE OF THE NETWORK. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE NETWORK WILL
FUNCTION WITHOUT INTERRUPTION, THAT THE NETWORK IS ERROR- OR DEFECT-FREE,
THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE NETWORK AND THE SERVER(S)
THAT MAKE THE NETWORK AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY
OR OTHERWISE THROUGH YOUR USE OF THE NETWORK SHALL CREATE ANY WARRANTY ON THE PART
OF THE COMPANY OR THE INFORMATION PROVIDERS. FURTHER, THE COMPANY AND THE INFORMATION
PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY
CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE NETWORK OR FROM THIRD PARTIES WILL
BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY, THE INFORMATION PROVIDERS OR ANY OTHER PERSON OR ENTITY
INVOLVED IN CREATING OR DISTRIBUTING THE NETWORK BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY
THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND
STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE
OF OR INABILITY TO USE THE NETWORK, ANY CHANGES TO THE NETWORK OR THIS AGREEMENT,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE NETWORK. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR
ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
IF YOU ARE DISSATISFIED WITH THE NETWORK OR THE SERVICES, CONTENT OR MATERIALS AVAILABLE
ON OR THROUGH THE NETWORK, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF THE COMPANY OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ALLOCATION OF RISK
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION
PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION OF RISK AND
FORM AN ESSENTIAL PART OF THE BASIS OF THEIR BARGAIN, WITHOUT WHICH THE COMPANY WOULD
NOT ENTER INTO THIS AGREEMENT OR PROVIDE THE NETWORK.
OWNERSHIP OF MATERIALS
The contents of the Network, including text, software, photos, graphics and all other
audiovisual elements are copyrighted by the Company individually and as a collective
work under the United States copyright laws. Except for material in the public domain,
the Company and its licensors hold copyrights to all content appearing on the Network.
The Company permits, without charge, the reproduction and distribution of
Gay-Bears.com materials contained on the Network for non-commercial educational
and personal uses only, provided that such materials remain unaltered and are accompanied
by a clearly visible copy of any copyright notice appearing on such materials.
All other reproduction, distribution, retransmission, modification, public display,
and public performance of such materials is prohibited without the prior written consent
of the Company. To obtain such consent, contact:
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
The Company respects the intellectual property rights of others.
Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium
Copyright Act (the "Act"), the Company has implemented procedures for receiving
written notification of claimed copyright infringements and for processing such claims
in accordance with the Act. If you believe your copyrights are being infringed by
a Gay-Bears.com Member, please email the following agent of the Company for notice
of claims of copyright infringement:
The information requested by the Notice of Infringement substantively complies
with 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement
must be a written communication provided to the designated agent of a service
provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit the
service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider
to contact the complaining party such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf
of the copyright owner that fails to comply substantially with the provisions above
shall not be considered as providing actual knowledge or an awareness of facts or
circumstances from which infringing activity is apparent.
Please provide a Notice of Infringement each time you wish to report alleged
acts of infringement.
Please note that the Company will, in appropriate circumstances,
terminate the account of any Member who repeatedly posts infringing material on the Network.
You agree to hold harmless the Company, its Information Providers and any other person
or entity involved in creating or distributing the Network, as well as each of their
respective parents, affiliates or subsidiaries and their respective directors, officers,
employees and agents, from and against any and all claims, liabilities, damages,
losses, costs, fees (including reasonable attorneys' fees) and expenses that such
parties may incur as a result of or arising out of your (or, in the case of Members,
anyone using your account's) use of, or conduct with respect to, the Network.
CHOICE OF LAW/JURISDICTION AND VENUE
You agree that the laws of the State of Texas and the United States will apply
to all matters relating to this Agreement, as they would to agreements made and
entered into entirely in Texas by Texas residents, notwithstanding your actual place
of residence. You agree that all lawsuits arising out of this Agreement shall be brought
exclusively in the Federal or State courts located in the State of Texas, Harris County,
and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts
for such purpose.
MODIFICATION OF AGREEMENT
You agree that the Company may change the terms and conditions of this Agreement,
unilaterally, and at any time, by conspicuously posting notice of such change on the
Network for a period of five (5) consecutive days. Continued use of the Network after
such notice will constitute your acknowledgment and acceptance of the revised terms
This Agreement contains the complete and final statement of the understanding between you
and the Company with respect to the subject matter of this Agreement and supersedes any
and all prior or contemporaneous negotiations, agreements or communications, whether
written or oral, between you and the Company concerning the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality
or unenforceability shall not affect the remainder of this Agreement which shall remain
in full force and effect and be enforced in accordance with its remaining terms.
The waiver by the Company of a breach or default of any of the provisions of this
Agreement by you shall not be construed as a waiver of any succeeding breach of the same
or other provisions; nor shall any delay or omission on the part of the Company to exercise
or avail itself of any right, power or privilege that it has or may have hereunder
operate as a waiver of any breach or default by you. You agree that, regardless of any
statute or law to the contrary, any claim or cause of action that you may have arising
out of or related to use of the Network or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are solely used for convenience and have no
legal or contractual significance. All provisions of this Agreement that, by their nature,
survive termination of this Agreement will survive termination including, without limitation,
the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability,
Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction
and Venue and General sections of this Agreement.
Last Updated April 3, 2009