TERMS OF SERVICE/USER AGREEMENT

FOR WWW.GAYWATCH.COM

THIS AGREEMENT WAS LAST UPDATED ON JANUARY 1, 2006

By entering our websites, www.gaywatch.com and related/affiliated sites or links (hereinafter collectively referred to as the “Service”) you signify your assent, acknowledgement of, and agreement to these terms including all amendments made to date.  If you do not agree to these terms of use, you may not use this site for the posting or viewing of information, personal advertisements or other content of any nature.

TERMS AND CONDITIONS OF THE SERVICE:

User Agreement.  This Agreement constitutes your agreement with us with respect to your use of the Service.  You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.  As used in this Agreement, “we” and “us” means gaywatch.com, our affiliates, or any successor or assign thereof.

Right to Use.  Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion.  We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content.  We may also impose certain limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. 

Adult.  You represent, warrant and covenant that you are at least 18 years of age.

Service Guidelines.  You agree and undertake that you will comply with the following guidelines when using the Service:

You will not use the Service to restrict or inhibit any other user from using and enjoying the Internet; you will not use the Service to post or transmit any unlawful, threatening, abusive, libelous, slanderous, racist, or defamatory information, advertisements, pictures or communications that contain offensive language or images of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, federal or international law; you will not use the Service to post, or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, except within specific circumstances as deemed appropriate at our sole discretion; you may not use the Service for any unlawful purpose or to promote any unlawful activity; you will not post information, advertisements, pictures or communications or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright, trademark, or patent law, privacy or personal or proprietary rights; you represent and warrant to us that any persons depicted on the Service in any way are over 18 years of age and that you will not depict any person as being under 18 years of age; you will ensure that any information, advertisements, pictures or communications you post on the Service do not contravene any criminal or other laws relating to obscenity, pornography, child pornography, or otherwise;

Monitoring of Information.  We do not and cannot review all items posted on the Service, however, we reserve the right to monitor any and all  information, advertisements, pictures and communications.

Removal of Information.   We reserve the right, without limitation, to move, delete or edit any and all advertisements, information, pictures or communications posted on the Service that we, in our sole discretion, deem to violate the Service Guidelines set out above or to be otherwise unacceptable.

Privacy and use of Information.  You understand and acknowledge the following: we cannot ensure the security or privacy of information you provide through the Internet and by electronic mail, and you release us from any and all liability in connection with the use of such information by any party; we are not responsible for, and cannot control, the use by others of any information which you provide to other parties; you should use caution in releasing personal information to others through the Service; we cannot assume any responsibility or the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users; we cannot guarantee, and assume no responsibility or verifying the accuracy of any information provided by users of the Service.

Ownership in Posted materials and Rights to Incorporate Into Database and Use.  You represent that you are the sole owner of all rights and materials posted by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section.  While you will retain ownership of the copyright in the materials posted by you, you agree that all materials posted by you shall become part of a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display and distribute such materials, any portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future.  We may sublicense all of our rights and licenses or assign them to third parties.  Neither we nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation or use of the materials. 

No Responsibility.  You understand and acknowledge that use of the Service is at your own risk and that we are not responsible or ay incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever that may arise out of or relate to your use of the Service, including any personal meetings or encounters you may engage in that may arise out of or relate to your use of the Service.

Indemnity.  You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation, reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation, any breach by you of this Agreement or any charges or complaints made by other parties against you.  You shall cooperate as full as reasonably required in the defense of any claim.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however that you shall remain liable for any such claim.

Modifications.  From time to time, we may modify or otherwise amend this Agreement.  Notification of any such changes will be posted on the Service or sent via electronic mail at our sole discretion.  If you do not agree to any modifications, you must terminate your use of the Service.  Your continued use of the Service now, or following the posting of any modifications of this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Personal and Non-Commercial Use Limitation.  This web site is for your personal and non-commercial use only.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.

Governing Law and Severability.  This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio. Each of the provisions of this Agreement shall apply to full extent permitted by law, and the invalidity in whole or in party of any provision shall not affect the remainder of such provisions or any other provisions.