GayDemon's Terms of Service
Gaydemon provides its services to you, subject to the following Terms of Service ("TOS"):
1. Acceptance of Terms
You must read, understand and agree to all of these Terms of Service (TOS) before using Gaydemon. You must be at least eighteen (18) years of age to use Gaydemon. Our services are not available to minors or to temporarily or indefinitely suspended members. This user Terms of Service (the "Agreement" or "User Agreement") describes the terms and conditions applicable to your use of our services at www.gaydemon.com (alternatively "We" or "us" or "Gaydemon"). We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on our site. If you fail to follow these Terms of Service your account may be terminated.
2. Description of Service
Gaydemon provides users with access to a collection of resources, including communications tools, forums, shopping services, links and personalized content. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Gaydemon to provide the Service. You accept that Gaydemon is not responsible for the content of advertising on Gaydemon or any representation of advertisers, linked websites, or third parties. You also understand and agree that the service may include certain communications from Gaydemon, such as service announcements, administrative messages and the Gaydemon newsletter, and that these communications are considered part of Gaydemon membership and you may not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that Gaydemon assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalization settings or information.
The Gaydemon Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Gaydemon has no control over such sites and resources, you acknowledge and agree that Gaydemon 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. You further acknowledge and agree that Gaydemon 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.
5. Member Account
When you signup up as a Gaydemon User, you will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gaydemon of any unauthorized use of your password or account or any other breach of security!
FEES. Our website may charge fees for viewing certain areas and/or use of certain services. We may charge fees or subscriptions for premium services. We may change our Fees for our services from time to time. Any fees or per-minute charges are posted in our website and you are responsible for confirming the current fees before you incur any charges. Our changes to the policy are effective after we post the changes. If you incur fees or charges you agree to pay any and all amounts upon demand. If we are unable to collect the fees from your credit card or banking institution, you agree to pay interest at 2% per month beginning on the date the fee was incurred. Notwithstanding any other section of this agreement, if we are unable to collect any fees due from you within 30 days from the day you incurred the fee, you agree to submit to the jurisdiction of the courts of Arizona in any action for uncollected fees. You shall be liable for all attorney's fees and collection costs arising from our efforts to collect from you.
Fraud. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged in fraudulent or illegal activity in connection with our site.
6. Member Conduct
Gaydemon makes no warranty as to the accuracy or compliance of any user submission. If you find material that you believe violates your intellectual property rights, contains images of underage persons, or is otherwise illegal you agree to notify Gaydemon. We will make every effort to remove illegal material promptly upon notification. We are not able to verify every submission for intellectual property rights infringement nor is it possible to verify the claims of age of every user, although we do require contributors to affirm they are at least eighteen (18) years of age at the time the image was taken and that the user has the intellectual property rights to their submission that allows them to publish the submissions.
Transfer. Your User Name may not be transferred or sold to another party.
Prohibited Actions: We do not allow the following to appear on our site:
- ANY IMAGES THAT INVOLVE MINORS. This includes depicting under the age of 18 or APPEARING under the age of 18.
- Bestiality. This includes depicting or describing sex with animals.
- Scat. Depicting or displaying human feces
- Rape, whether real or simulated or forced sexual activity of any kind, or cutting off airflow.
We do not control the information provided by performers or other users which is made available through our system, nor can we regulate postings and chat. Performers that appear on this site are independent and not under the control of Gaydemon. You may find other users to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Do not give out your personal information in chat or postings as there is no privacy of your information in chat or postings. Please note that there are also risks of dealing with underage persons entering this site under false pretenses or people otherwise acting under false pretense.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the source of the content, and not Gaydemon, are entirely responsible for all Content that is upload, posted, transmitted or otherwise make available via the Service. Gaydemon does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you find offensive, indecent or objectionable. Under no circumstances will Gaydemon be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- harm minors in any way
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. See our Special Notice to Copyright Holders.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- upload, post, email, transmit or otherwise make available any 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.
- permit anyone to view this site that is not legally permitted to receive or view adult content;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs, billing solutions, or other suppliers
- sell, re-sell, barter or exchange any content obtained from Gaydemon. You are given a limited license for personal use only to view the content on Gaydemon only and are prohibited from using content from Gaydemon for any other purpose.
- use Gaydemon for any commercial purpose. You may not solicit any other members, users, models, or performers for any services, including memberships to other internet sites, escort services, or similar services.
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to US regulations.
- collect or store personal data about other users.
You acknowledge that Gaydemon does not pre-screen or check Content, but that Gaydemon shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Gaydemon shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Gaydemon or submitted to Gaydemon, including without limitation information in Resources, Pornsites, Forum and in all other parts of the Service.
7. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
8. Legal, Breach of Terms, and Indemnity
Gaydemon Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or permanently terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or anything this agreement incorporates by reference (b) if we are unable to verify or authenticate any information you provide to us or our third party billers; (c) if we believe that your actions may cause legal liability for you, our users or us (d) without cause at the discretion of Gaydemon
No Warranty. WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Liability Limit. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, advertisers, submitters, other users, our officers, directors, agents, advertisers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect our fees and/or recover damages for, or obtain an injunction relating to, the site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cyprus, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should you file an action contrary to this provision, we may recover attorneys' fees and costs up to seventy-five thousand US Dollars ($75,000.00 USD).
General. This Agreement shall be governed in all respects by the laws of Cyprus as such laws are applied to agreements entered into and to be performed entirely within Cyprus between Cyprus residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
No action of Gaydemon, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these TOS.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
Gaydemon may modify or discontinue, temporarily or permanently, any part or all of the Services, links, or webpages at any time without notice to you.
All provisions of these TOS that by their nature should survive termination will survive termination, including without limitation, provisions related to intellectual property, warranty disclaimers, general releases, limitations of liability, indemnity, arbitration, governing law, and the general provisions.
You also may be subject to additional terms and provisions that may apply when you use Advertisers' websites, Links, Affiliate or third party services, sites, content, or software.
Should Gaydemon prevail in any action or proceeding to enforce rights under these TOS, it will be entitled to recover its costs and attorneys' fees from you.
You agree that you are subject to the terms and provisions contained in these TOS and any additional policies applicable to the Services, which may be posted from time to time. All such posted policies or rules are effective immediately upon posting and are hereby incorporated by reference into these TOS.
The provisions of these TOS will be binding upon and will inure to the benefit of the Parties, their heirs, administrators, successors, and assigns.
You may not assign these TOS or the rights and obligations hereunder to any third party under any circumstances.
You will be solely responsible for all costs and expenses incurred arising out of or relating to these TOS.
9. SPECIAL SECTION ON COPYRIGHT INFRINGEMENT
Gaydemon does not tolerate copyright infringement and will promptly remove all infringing material. If you are a copyright holder or hold intellectual property rights and believe that any material on Gaydemon has violated your intellectual property rights, please submit a DCMA notice to [email protected] All copyright infringement notices will be promptly reviewed and content will be removed upon receipt of a DCMA notice pending further investigation.
You agree that Gaydemon may under any circumstances and without prior notice, immediately terminate your Gaydemon account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to; (a) breaches or violations of the TOS 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) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your Gaydemon account includes (a) removal of access to all offerings within the Service, including but not limited to Site Registration, Forum, Reviews, Messaging, Personals, and Greetings. (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Gaydemon's sole discretion and that Gaydemon shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
11. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser (this includes connect.gaydemon.com and www.gaydemon.tv which are co-branded sites not operated by Gaydemon). You agree that Gaydemon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12. Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Gaydemon expressly disclaims all warranties of any kind!
- Gaydemon makes no warranty that
- the service will meet your requirements
- the service will be uninterrupted, timely, secure, or error-free
- the results that may be obtained from the use of the service will be accurate or reliable
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that 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 Gaydemon or through or from the service shall create any warranty not expressly stated in the TOS.
13. Limitation of Liability
You expressly understand and agree that Gaydemon shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gaydemon has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
These Terms Of Service and the terms, clauses, and provisions hereof, as well as those incorporated by reference, constitute the entire understanding and TOS.
These TOS will take precedence over any other documents, incorporated herein or otherwise, which may conflict with these TOS.
These TOS may be modified by us by posting changes on this website. Changes to these Terms of Service will be considered effective once the changes have been posted to this website. You are responsible for checking this website for any posted changes to the Terms of Service.
If you have any questions regarding these Terms of Service, email us at [email protected] Do not use Gaydemon unless you have read and understood all of these Terms of Service and agree to them in their entirety. If you do not agree or do not understand these Terms of Service, do not use this site until you have read, understand, and agree to all of the Terms.