Search:
Advanced Search
WEB SITE SERVICE AGREEMENT/TERMS OF USE1. ACCEPTANCE OF TERMSGay Women in BusinessThe services that Gay Women in Business, provides to User is subject to the following Terms of Use ("TOU"). Gay Women in Business reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. A. This Agreement, which incorporates by reference other provisions applicable to use of http://gaywomeninbusiness.com including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in http://gaywomeninbusiness.com sets forth the terms and conditions that apply to use of http://gaywomeninbusiness.com by User. By using Gay Women in Business (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use http://gaywomeninbusiness.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. B. Gay Women in Business shall have the right at any time to change or discontinue any aspect or feature of http://gaywomeninbusiness.com including, but not limited to, content, hours of availability, and equipment needed for access or use. 2. CHANGED TERMSGay Women in Business shall have the right at any time to change or modify the terms and conditions applicable to User's use of http://gaywomeninbusiness.com or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on http://gaywomeninbusiness.com or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of http://gaywomeninbusiness.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. 3. DESCRIPTION OF SERVICESGay Women in Business is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. By using the Gay Women in Business Website you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Gay Women in Business Social Network services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.User shall use http://gaywomeninbusiness.com for lawful purposes only. User shall not post or transmit through http://gaywomeninbusiness.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Gay Women in Business 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Gay Women in Business's discretion restricts or inhibits any other User from using or enjoying http://gaywomeninbusiness.com will not be permitted. User shall not use http://gaywomeninbusiness.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Gay Women in Business] . User shall not upload, post or otherwise make available on http://gaywomeninbusiness.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of http://gaywomeninbusiness.com User automatically grants, or warrants that the owner of such material has expressly granted Gay Women in Business the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (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 for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Gay Women in Business the right to edit, copy, publish and distribute any material made available on http://gaywomeninbusiness.com by User.4. USE OF SERVICESThe Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. . . Restrict or inhibit any other user from using and enjoying the Communication Services. Gay Women in Business has no obligation to monitor the Communication Services. However, Gay Women in Business reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Gay Women in Business reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Gay Women in Business reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gay Women in Business sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. 5. MEMBER ACCOUNT, PASSWORD, AND SECURITYIf any of the Services requires User to open an account, User must complete the registration process by providing Gay Women in Business] with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Gay Women in Business immediately of any unauthorized use of User’s account or any other breach of security. Gay Women in Business will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Gay Women in Business or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder. 6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITYA. USER EXPRESSLY AGREES THAT USE OF http://gaywomeninbusiness.com IS AT USER'S SOLE RISK. NEITHER ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT http://gaywomeninbusiness.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF http://gaywomeninbusiness.com OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH http://gaywomeninbusiness.com.B. http://gaywomeninbusiness.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT [NAME OF COMPANY] IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. D. IN NO EVENT WILL Gay Women in Business OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING http://gaywomeninbusiness.com OR THE Gay Women in Business SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE http://gaywomeninbusiness.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT. 7. LINKS TO THIRD PARTY SITESTHE LINKS IN THIS AREA WILL LET YOU LEAVE [NAME OF COMPANY]'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF [NAME OF COMPANY] AND [NAME OF COMPANY] IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Gay Women in Business IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Gay Women in Business IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Gay Women in Business OF THE SITE. In many instances, the content available through http://gaywomeninbusiness.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Gay Women in Business Gay Women in Business neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on http://gaywomeninbusiness.com by anyone other than authorized Gay Women in Business employee spokespersons while acting in their official capacities. Under no circumstances will Gay Women in Business be liable for any loss or damage caused by a User's reliance on information obtained through http://gaywomeninbusiness.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Gay Women in Business. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.. 8. MONITORINGGay Women in Business shall have the right, but not the obligation, to monitor the content of http://gaywomeninbusiness.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Gay Women in Business and to satisfy any law, regulation or authorized government request. Gay Women in Business shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on http://gaywomeninbusiness.com. Without limiting the foregoing, Gay Women in Business shall have the right to remove any material that Gay Women in Business in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 9. INDEMNIFICATIONUser agrees to defend, indemnify and hold harmless Gay Women in Business, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Gay Women in Business by User or User's Account. 10. TERMINATIONEither Gay Women in Business or User may terminate this Agreement at any time. Without limiting the foregoing, Gay Women in Business shall have the right to immediately terminate User's Account in the event of any conduct by User which Gay Women in Business, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. 11. MISCELLANEOUSThis Agreement and any operating rules for http://gaywomeninbusiness.com established by Gay Women in Business constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Ontario, Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 12. TRADEMARKSThe names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.