GayDia Terms of Use
GayDia is a community site accessible in full to GayDia Members and in part to non-registered users. We ask you to carefully read the Terms of Use below before creating an account on GayDia. You should not become a member of GayDia if you do not accept these Terms of Use. By checking the box that indicates “I have read and I agree to the Terms of Use and Privacy Policy and confirm that I am at least 18 years of age” located on the registration page, and creating a profile, you agree to be bound by all the clauses of these Terms of Use. Article 1. Definitions “GayDia” refers to the group of Services provided to facilitate online communication between Members for personal, leisure and non-business purposes. GayDia is accessible over the Internet with or without payment. “Member(s)” refers to all users that have created a profile on GayDia. “Service(s)” refers to the entirety of the Services accessible on GayDia. “Paid Service(s)” refers to the GayDia Services available to Members with a valid Subscription. “Subscription” refers to a fixed upfront payment made to access or enhance the use of Services for a limited amount of time. Subscriptions are voluntary. "Terms of Use" refers to this contract. Article 2. Access and Registration for the Services GayDia is accessible over the Internet. The hardware and software used to allow access to the Services shall be the responsibility of the users of GayDia, as shall the telecommunication costs incurred by its use. Required software includes an Internet Explorer 6 or an equivalent browser with Javascript functions, cookies and pop-up windows enabled. In order to create a profile on GayDia, you must be at least 18 years of age and complete all compulsory fields on the registration form. When the conditions for registration are met, you will be provided with an email confirming your username and password on GayDia. The email will be sent immediately upon satisfaction of the conditions for registration to the email address provided upon registration. This password is strictly private and confidential, and must not be disclosed with any third parties. The Member is solely responsible for all activities occurring under his/her account. The Member agrees to immediately notify GayDia of any suspected unauthorised use and request a new password. The Member holds GayDia harmless against claims that would arise from all actions performed under his/her account. GayDia is not liable in the event that the Member’s account is accessed by a third party. GayDia has neither the obligation nor the technical capabilities to ascertain the identity of its Members. The Member is not permitted to create more than one account on GayDia under different identities. Article 3. Use of GayDia The Services are for the personal, leisure and non-business use of individuals only and may not be used in connection with any commercial endeavours other than escort services, whether these are paid or unpaid. Organisations, companies, and/or businesses must not register with GayDia. Article 4. Term and Termination 4.1. Termination by the Member The Member may request that GayDia terminates his/her account at any time through the Contact Us page. The request shall be considered effective upon confirmation by GayDia that the account has been closed. The Member will not be refunded any time remaining on outstanding Subscriptions. 4.2. Termination by GayDia GayDia may terminate the Member’s account for any reason, including, without limitation, for lack of use of GayDia or whenever the Member is in breach of the Terms of Use. Such termination of may occur without prior notice or warning. The Member agrees that GayDia shall not be liable to him/her or any third party for the termination of his/her account. The Member will not be refunded any time remaining on outstanding Subscriptions. Such termination shall be without prejudice to any damages that GayDia might claim from the Member, his or her beneficiaries or legal representatives, in connection with the harm suffered by GayDia as a direct or indirect consequence of the termination. Article 5. Use of the Services When using the Services, the Member undertakes to comply with all applicable laws and regulations, the rights of third parties and these Terms of Use. The Member has the following specific obligations: a. Not to use GayDia for professional or commercial endeavours, regardless of whether these are paid or unpaid. b. Not to broadcast, publish or otherwise transmit unsolicited or unauthorised forms of advertising. GayDia reserves the right to delete messages sent by a Member in mass mailings and terminate the Member’s account with immediate effect. c. Not to broadcast, publish or otherwise transmit information that would enable others to contact a Member in ways other than through GayDia Services. This includes, but is not limited to disclosing names, email addresses, website addresses, telephone numbers and street addresses. d. Not to broadcast, publish or otherwise transmit content that is defamatory, obscene, hateful, racist, xenophobic or otherwise in breach of applicable laws and regulation, the letter or spirit of these Terms of Use or the general purpose of GayDia. e. Not to broadcast, publish or otherwise transmit content that infringes a copyright, trademark, patent, trade secret or other proprietary rights of a third party. Furthermore, photographs or pictures uploaded by a Member must refer exclusively to the Member or to a Third Party from whom the Member has obtained prior consent, and are the sole responsibility of the Member concerned. f. Not to publish information or content that is false, inaccurate or misleading. g. Not to broadcast, publish or otherwise transmit material that contains viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. h. Not to broadcast, publish or otherwise transmit content that has the effect of diminishing, disorganising or preventing the normal usage of the Services. This includes, but is not limited to, denial of service attacks, mass mailings, worms and viruses. i. Not to impersonate a person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. j. Not to create more than one account on GayDia under different identities at the same time. k. To maintain his/her password confidential at all times. A Member must never disclose his/her Password. l. To use the Services in accordance with these Terms of Use. The provisions of this article shall apply without prejudice to that under Article 4. Article 6. Paid Services on GayDia Subscriptions provide Members with access to Paid Services, or an enhanced use of these services, for a limited amount of time. The price of Subscriptions are quoted in US dollars (USD) and include all taxes. Subscriptions are purchased through a one-time advance payment, are non refundable and non transferable. In order to provide a safe and secure payment processing environment, GayDia only accepts payments through PayPal. Upon expiry, the Member will be prompted to renew his/her Subscription. The Subscription will not renew automatically. Article 7.Intellectual Property 7.1 Content published by GayDia GayDia, the GayDia visuals and text featured on the GayDia site and communications are the intellectual property of GayDia and may not be distributed, represented or otherwise used without the prior written consent of GayDia. In particular, the Member is prohibited from modifying, reproducing, copying or disseminating GayDia site pages or software code underpinning GayDia Services. 7.2 Content distributed by the Member By broadcasting, publishing or otherwise transmitting content on GayDia, the Member automatically grants to GayDia, and represents and warrants that he/she has the right to grant to #SiteName, a licence to use the intellectual property rights associated with the content. This licence is a royalty-free, non-revocable, perpetual, non-exclusive and fully-licensable right and license to use, reproduce, translate, perform, display, sell and distribute such content (in whole or part) worldwide and to prepare derivate works of, or incorporate into other works, in any form, media, or technology now known or later developed, such content. Article 8. Links to External Content GayDia may provide directly or indirectly, through content published by Members or third parties, links to other Internet sites or resources. Because GayDia has no control over such sites and resources, the Member acknowledges thatGayDia 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. Furthermore, GayDia 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 use of or reliance on any such content, goods or services available on or through any such site or resource. Article 9. Indemnity The Member agrees to indemnify and hold GayDia and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through GayDia, your use of GayDia, your violation of these Terms of Use, or your violation of any rights of another. Article 10. No Resale of Service The Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any purpose, whether paid or unpaid, any portion of GayDia Services, use of the Services, or access to the Services. Article 11. Our Management of GayDia We will operate the Web site for the Service with the reasonable skill and care of online service providers. GayDia reserves the right to make changes to the Service at any time and from time to time. You agree that GayDia shall not be liable to you or to any third party for any change to the Service, regardless of whether or not the change has an adverse effect on the quality of the Service. GayDia reserves the right at any time and from time to time to suspend or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that GayDia shall not be liable to you or to any third party for any suspension or discontinuance of the Services, including Paid Services. Article 12. Member disputes GayDia will not intervene within disputes between Members. Article 13. Disclaimers The Member expressly acknowledges and agrees that: a. The use of GayDia is at his/her own risk. The Services are provided on an, as-is, and, as-available, basis. To the fullest extent permitted by applicable law, GayDia expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of satisfactory quality, or as to the non-infringement of any intellectual property right. b. GayDia makes no warranty or representation that (a) the Service will meet the Member’s requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, information or other material purchased or obtained by the Member through GayDia will meet his/her expectations; and (d) any errors in the Services will be corrected. c. Any material downloaded or otherwise obtained through the use of GayDia is done at the Member’s sole discretion and risk. The Member acknowledges that GayDia will not be liable in any way for any damage to his/her computer system or loss of data that results from the download or interaction with any such material. d. No advice or information, whether oral or written, obtained by the Member from GayDia or a GayDia representative shall create any warranty or other obligation not expressly stated in these Terms of Use. Article 14. Limitation of Liability The Member acknowledges and agrees that GayDia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, imprisonment, personal harm, fines (even if GayDia has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) 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 Service; (c) unauthorized access to or alteration of the Member’s transmissions or data; (d) statements of conduct of any third party on the Service; or (e) any other matter relating to the Service. The Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of GayDia must be filled in the calendar week during which such claim or cause of action arose, or be forever barred. Article 15. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liabilities for incidental or consequential damages. For this reason, some of the above limitations of sections 13 and 14 may not apply to the Member. In particular, nothing in these Terms of Use shall affect the statutory rights of a Member as a consumer or elude or restrict any liability for death or personal injury arising from the negligence or fraud of GayDia. Article 16. Agreement between GayDia and the Member These Terms of Use constitute the entire contract that spells out the relationship between GayDia and the Member. They supersede any prior agreements between the Member and GayDia. GayDia may modify these Terms of Use at any time and without notice. The Member will be deemed to have accepted any amendment if he/her continues to use the Services. The Member acknowledges and agrees that it is his/her responsibility to regularly review these Terms of Use. Any failure by GayDia to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use are to remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Article 17. Jurisdiction and Applicale Law These Terms of Use and the relationship between the Member and GayDia shall be governed by the laws of England. The Member and GayDia agree to submit to the exclusive jurisdiction of the English courts. Article 18. Violations of these Terms of Use Members are encouraged to report any violations of these Terms of Use to GayDia through the Contact Us page.
Last updated on May 24, 2008