1. AGE RESTRICTION. TheGayUK SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER.
1.1) AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE TheGayUK SERVICES.
1.2) AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
2. IMPORTANT DISCLAIMER ABOUT LOCATION DATA.
TheGayUK SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR TheGayUK SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
3. MODIFICATION OF THIS AGREEMENT
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement (including the Guidelines) at any time by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on TheGayUK Service. Please check this Agreement (including the Guidelines) periodically for changes. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Your continued use of TheGayUK Services after our dispatching of an e-mail notice to you (if applicable) or the posting of any modifications or changes on TheGayUK Service constitutes your binding acceptance of such changes. For any material changes to this Agreement (including the Guidelines), you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after our dispatch of an e-mail notice to you (if applicable) or thirty (30) days after they are initially posted on TheGayUK Services. These changes will be effective immediately for new Users of the TheGayUK Service.
4. OWNERSHIP; PROPRIETARY RIGHTS
TheGayUK Services are owned and operated by TheGayUK.com LTD. TheGayUK Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of TheGayUK Services (collectively, the “Materials”) are protected by UK copyright and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in TheGayUK Services are the property of TheGayUK.com LTD or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on TheGayUK Services are proprietary to TheGayUK.com LTD or its affiliates and/or third-party licensors. Except as expressly authorised by TheGayUK under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials.
5. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES
5.1) TheGayUK’s Guidelines located at http://www.TheGayUK.com/Profiles (“Guidelines”) is hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before providing any photo, text, or links to TheGayUK Services.
5.2) YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL COMPLY WITH THE GUIDELINES AND YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- use TheGayUK Services or any location information displayed within TheGayUK Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
- use TheGayUK Services if you are under the age of 18 years old (twenty-one (21) years in places where eighteen (18) years is not the age of majority);
- include offensive or pornographic materials or materials that are harmful to minors in your TGUK Services personal profile page;
- use TheGayUK Services for any commercial or non-private use, it being understood that TheGayUK Services are for personal, non-commercial use only;
- use TheGayUK Services for any illegal purpose, or in violation of any local, county, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of TheGayUK Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access TheGayUK Services accounts of other Users;
- misrepresent the source, identity or content of information transmitted via TheGayUK Services;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of TheGayUK Services, features that prevent or restrict use or copying of any content accessible through TheGayUK Services, or features that enforce limitations on use of TheGayUK Services;
- intentionally interfere with or damage operation of TheGayUK Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libellous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- use TheGayUK Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
- use TheGayUK Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or TheGayUK Services could lead directly to death, personal injury, or severe physical or property damage;
- attempt to gain unauthorised access to TheGayUK Services, or any part of it, other accounts, computer systems or networks connected to TheGayUK Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of TheGayUK Services or any activities conducted on TheGayUK Service; or
- use any robot, spider, scraper or other automated means to access TheGayUK Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to TheGayUK Services or modify TheGayUK Services in any manner or form, nor to use modified versions of TheGayUK Services, including (without limitation) for the purpose of obtaining unauthorised access to TheGayUK Services.
6. USAGE; REFUSAL OR SUSPENSION OF SERVICE
6.1) You acknowledge that some of TheGayUK Services may be accessed by downloading TheGayUK Services to a mobile device, without the need to register an account. You are responsible for the security on the mobile device on which TheGayUK Services are installed. If you elect to use TheGayUK Services or register for an account with TheGayUK, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your TGUK account login information and the security of your mobile device, and are fully responsible for all activities that occur under your TGUK account. You agree to immediately notify TheGayUK of any unauthorised use, or suspected unauthorised use of your TGUK account or any other breach of security. TheGayUK cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6.2) TheGayUK RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF TheGayUK SERVICE, INCLUDING A USER’S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, TheGayUK ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO TheGayUK SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.
6.3) You alone are responsible for your involvement with other Users. You agree that TheGayUK will not be responsible for any loss or damage incurred as the result of any such interactions. TheGayUK reserves the right, but has no obligation, to monitor disagreements between you and other Users.
6.4) TheGayUK does not control the content of User accounts and profiles. TheGayUK has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to TheGayUK Services.
6.5) PLEASE NOTE: TheGayUK RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
7. USER SUBMISSIONS
7.2) You understand that when using TheGayUK Services you will be exposed to User Submissions from a variety of sources, and that TheGayUK is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
7.3) TheGayUK assumes no responsibility whatsoever in connection with or arising from User Submissions. TheGayUK assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time TheGayUK chooses, in its sole discretion, to monitor User Submissions, TheGayUK nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, TheGayUK does not endorse and has no control over the content of User Submissions submitted by other Users. TheGayUK makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, TheGayUK reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
7.4) User Submissions are owned by the User who submitted them, subject to TheGayUK’s license to such User Submissions under this Agreement. User Submissions can not be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.
7.5) You hereby grant, and you represent and warrant that you have the right to grant, to TheGayUK an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Submissions in TheGayUK Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
7.6) If you provide TheGayUK any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign TheGayUK all rights in the Feedback and agree that TheGayUK shall have the right to use such Feedback and related information in any manner it deems appropriate. TheGayUK will treat any Feedback you provide to TheGayUK as non-confidential and non-proprietary. You agree that you will not submit to TheGayUK any information or ideas that you consider to be confidential or proprietary.
8. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
8.1) TheGayUK Services may include links to other web sites or services solely as a convenience to Users. TheGayUK does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, TheGayUK makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
8.2) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through TheGayUK Services are solely between you and such advertiser. You agree that TheGayUK 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 TheGayUK Services.
8.3) Parties other than TheGayUK may provide services or sell products via TheGayUK Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. TheGayUK does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
8.4) By your use of third party applications that connect with TheGayUK Services (“Third Party Applications”), you acknowledge and agree that TheGayUK may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. TheGayUK is not responsible for the transmission of the User Submissions from TheGayUK Services to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. TheGayUK is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. TheGayUK also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.
9. END USER LICENSES
9.1) Mobile Device. To use TheGayUK Software you must have a mobile device that is compatible with TheGayUK Services. TheGayUK does not warrant that TheGayUK Services will be compatible with your mobile device.
9.2) License Grant. Subject to the terms of this Agreement, TheGayUK hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of TheGayUK Software for one of TheGayUK Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use TheGayUK Services (other than TheGayUK Software) for your personal, noncommercial use.
9.3) Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer TheGayUK Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer TheGayUK Software to any third party or use TheGayUK Software to provide time sharing or similar services for any third party; (iii) make any copies of TheGayUK Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of TheGayUK Software, features that prevent or restrict use or copying of any content accessible through TheGayUK Software, or features that enforce limitations on use of TheGayUK Software; or (v) delete the copyright and other proprietary rights notices on TheGayUK Software.
9.4) Software Upgrades. You acknowledge that TheGayUK may from time to time issue upgraded versions of TheGayUK Software, and may automatically electronically upgrade the version of TheGayUK Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that TheGayUK will not be liable to you for any such modifications.
9.5) Open Source. With respect to any open source or third-party code that may be incorporated in TheGayUK Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorising use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.
9.6) Rights Reserved. The foregoing license grant under this Agreement is not a sale of TheGayUK Software or any copy thereof and TheGayUK or its third party partners or suppliers retain all right, title, and interest in TheGayUK Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. TheGayUK reserves all rights not expressly granted under this Agreement.
9.7) Trademarks and Logos. The name of this web site is a Trademark of TheGayUK.com Ltd. No use of this mark shall be permitted except through the prior written authorisation and permission of TheGayUK. All rights reserved.
9.8) Export Control. TheGayUK Software originates in the United Kingdom, and is subject to United Kingdom export laws and regulations. TheGayUK Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United Kingdom. In addition, TheGayUK Software may be subject to the import and export laws of other countries. You agree to comply with all UK and foreign laws related to use of TheGayUK Software and TheGayUK Services.
9.9) App Stores. You acknowledge and agree that the availability of TheGayUK Software is dependent on the third party from which you received TheGayUK Software, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and TheGayUK and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading TheGayUK Software from it. You agree to comply with, and your license to use TheGayUK Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
10. VIOLATIONS; TERMINATION
You agree that TheGayUK, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account you have with TheGayUK Services or your use of TheGayUK Services or any portion thereof and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to TheGayUK Services or any account you may have or portion thereof may be effected without prior notice, and you agree that TheGayUK will not be liable to you or any third-party for any such termination. TheGayUK does not permit copyright infringing activities on TheGayUK Services, and reserves the right to terminate access to TheGayUK Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TheGayUK may have at law or in equity.
11. DISCLAIMERS; NO WARRANTIES
11.1) TheGayUK SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TheGayUK SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TheGayUK, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
11.2) TheGayUK AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TheGayUK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TheGayUK SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.3) TheGayUK AND ITS SUPPLIERS AND PARTNERS (INCLUDING TheGayUK’s THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER TGUK SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TheGayUK OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS TheGayUK SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF TheGayUK SERVICES AT YOUR OWN DISCRETION AND RISK.
12. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold TheGayUK (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or the other TGUK Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use TheGayUK Services to meet another User in-person or to locate and attend any offline place or event. TheGayUK reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to co-operate with our defence of these claims.
13. LIMITATION OF LIABILITY AND DAMAGES
13.1) YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TheGayUK (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES [RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE TheGayUK SERVICES; (C) TheGayUK SERVICES GENERALLY (INCLUDING TheGayUK SOFTWARE) OR SYSTEMS THAT MAKE TheGayUK SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TheGayUK OR ANY OTHER USER OF TheGayUK SERVICES], EVEN IF TheGayUK OR A TGUK AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13.2) IN NO EVENT SHALL TheGayUK’s (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF TheGayUK SERVICES] (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING TheGayUK SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR TWENTY POUNDS, WHICHEVER IS GREATER.
14. BENEFIT OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT TheGayUK HAS OFFERED TheGayUK SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TheGayUK, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TheGayUK. TheGayUK WOULD NOT BE ABLE TO PROVIDE TheGayUK SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other TGUK Service Users or (2) any third party site, products, services, and links included on or accessed through TheGayUK Service.
16. Payments. Cancellation. Final Sale:
Any and all payments made to TheGayUK for use and access to any TGUK Services and TGUK Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within TheGayUK Software or TGUK Services violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited.
We reserve the right at any time to charge fees for access to portions of TheGayUK Services, TGUK Software or TheGayUK Services or TGUK Software as a whole
17.1) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the UK, without giving effect to any principles of conflicts of law.
17.2) Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or TheGayUK Services shall be filed only in the UK and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall not prevent TheGayUK from seeking injunctive relief in a court of competent jurisdiction.
If a dispute arises between you and TheGayUK, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with TheGayUK regarding the TheGayUK Service by emailing help@TheGayUK.com
You and TheGayUK agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or TheGayUK Service (a “claim”) in accordance with this Section 18.3. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than £5,000, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognised alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims between you and TheGayUK must be resolved in accordance with this Section 18.3. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, TheGayUK may recover attorneys’ fees and costs up to £1,000, provided that TheGayUK has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should TheGayUK file a claim contrary to this Section, you may recover attorneys’ fees and costs up to £1,000, provided that you have notified TheGayUK in writing of the improperly filed claim, and TheGayUK fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
17.4) Sever-ability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
17.5) Notices. TheGayUK may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on TheGayUK Services.
17.6) Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by TheGayUK without restriction.
17.7) Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by TheGayUK as set forth in Section 3 above.
17.8) Claims. YOU AND TheGayUK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO TheGayUK SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.9) Disclosures. The services hereunder are offered by TheGayUK.com LTD: 147-154 St. Johns Street, London, EC1V 4PW UK. General Inquiries: help@TheGayUK.com
18. Apple App Store Additional Terms and Conditions.
The following additional terms and conditions apply to you if you are using TheGayUK Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 18, the more restrictive or conflicting terms and conditions in this Section 18 apply, but solely with respect to TheGayUK Softwares from the Apple App Store.
18.1) Acknowledgement: TheGayUK and you acknowledge that this Agreement is concluded between TheGayUK and you only, and not with Apple, and TheGayUK, not Apple, is solely responsible for TheGayUK Software and the content thereof. To the extent this Agreement provides for usage rules for TheGayUK Software that are less restrictive than the Usage Rules set forth for TheGayUK Software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
18.2) Scope of License: The license granted to you for TheGayUK Software is limited to a non-transferable license to use TheGayUK Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
18.3) Maintenance and Support: TheGayUK is solely responsible for providing any maintenance and support services with respect to TheGayUK Software, as specified in this Agreement (if any), or as required under applicable law. TheGayUK and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to TheGayUK Software.
18.4) Warranty: TheGayUK is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of TheGayUK Software to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price for TheGayUK Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to TheGayUK Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TheGayUK’s sole responsibility.
18.5) Product Claims: TheGayUK and you acknowledge that TheGayUK, not Apple, is responsible for addressing any claims of you or any third party relating to TheGayUK Software or your possession and/or use of TheGayUK Software, including, but not limited to: (i) product liability claims; (ii) any claim that TheGayUK Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit TheGayUK’s liability to you beyond what is permitted by applicable law.
18.6) Intellectual Property Rights: TheGayUK and you acknowledge that, in the event of any third party claim that TheGayUK Software or your possession and use of TheGayUK Software infringes that third party’s intellectual property rights, TheGayUK, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
18.7) Developer Name and Address: TheGayUK’s contact information for any end-user questions, complaints or claims with respect to TheGayUK Software is set forth in Section 17.9.
18.8) Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using TheGayUK Software
18.9) Third Party Beneficiary: TheGayUK and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE