GayDCSingles.com
Terms of Use Agreement
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Welcome to
GayDCSingles.com
, the service for Users to meet each other online, operated by
GayDCSingles.com
, LLC ("GayDCSingles.com
"). By using the
GayDCSingles.com
Website, (the "Website") you agree to be bound by these Terms of Use (this
"Agreement"), whether or not you register as a member of
GayDCSingles.com
("Member"). If you wish to become a Member and make use of the
GayDCSingles.com
service (the "Service"), please read these Terms of Use. If you object to
anything in this Agreement or the
GayDCSingles.com
Privacy Policy, do not use the Website or the Service. The Terms
of Use are subject to change by
GayDCSingles.com
at any time, effective upon posting on the
GayDCSingles.com
website, and your use of the Service after such posting will constitute
acceptance by you of such changes.
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1. Acceptance of Terms of Use Agreement.
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a.
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Electronic Agreement. This Agreement is an electronic contract
that sets out the legally binding terms of your use of the Website and your
membership in the Service. This Agreement may be modified by
GayDCSingles.com
from time to time, such modifications to be effective upon posting by
GayDCSingles.com
on the Website. This Agreement includes
GayDCSingles.com
's Acceptable Use Policy for Content Posted on the Website,
GayDCSingles.com
's Privacy Policy,
GayDCSingles.com
's subscription policies and any notices regarding the Website. By accessing
the Website or becoming a Member, you accept this Agreement and agree to the
terms, conditions and notices contained or referenced herein.
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b.
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Electronic Form. By accessing the Website or becoming a Member,
you consent to have this Agreement provided to you in electronic form.
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c.
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Non-electronic Copy. You have the right to receive this
Agreement in non-electronic form. You may request a non-electronic copy of this
Agreement either before or after you electronically sign the Agreement. To
receive a non-electronic copy of this Agreement, please send an e-mail to
GayDCSingles
Customer Support.
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d.
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Withdrawing Your Consent. You have the right at any time to
withdraw your consent to have this Agreement provided to you in electronic
form.
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(i) Effect. Should you choose to withdraw your consent to have
this Agreement provided to you in electronic form, we will discontinue your
then-current username and password. This means that you will not have the right
to use the Service unless, and until, we issue you a new username and password.
We only will issue you a new username and password after we receive a signed
copy of a non-electronic version of this Agreement, which we will send to you
upon request.
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(ii) Notice. To withdraw your consent and/or request a
non-electronic copy of this Agreement, please send an email to
GayDCSingles.com
Customer Support.
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(iii) Prospective Nature. Your withdrawal of consent shall be
effective within a reasonable time after we receive your withdrawal notice
described above. Your withdrawal of consent will not affect the legal validity
or enforceability of the Agreement provided to, and electronically signed by,
you prior to the effective date of your withdrawal.
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e.
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Access and Retention. In order to access and retain this
electronic Agreement, you must have access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must use all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device. Please print a copy of this document for your
records. To retain an electronic copy of this Agreement, you may save it into
any word processing program. Via, the Website, we will notify you of any
changes in the hardware or software requirements needed to access and/or retain
this Agreement that create a material risk that you will not be able to
continue to access and/or retain this electronic Agreement.
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| 2. Eligibility.You must be at least eighteen
(18) years of age and single or separated from your spouse to register as a
member of
GayDCSingles.com
or use the Website. Membership in the Service is void where prohibited. By
using the Website, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement.
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| 3. Membership and Subscription; Pricing. You
may become a Member of the Service at no cost. As a Member, you will have the
ability to participate in some, but not all, of the features and services
available within the Service. In order to access additional features and
services, including the ability to communicate with other Members, you must
become a paying subscriber to the Service. Please see Subscribe
for a description of the current subscription plans and their prices. Please
note that the subscription policies that are disclosed to you in subscribing to
the service are deemed part of this Agreement. For purposes of this Agreement
the term "Member" includes subscribers, unless where its usage indicates
otherwise. From time to time,
GayDCSingles.com
may remove the Portraits of non-subscribers.
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| 4. Term. This Agreement will remain in full
force and effect while you use the Website and/or are a Member. You may
terminate your membership and/or subscription at any time, for any reason, by
following the instructions on the Resign pages in
Account Settings, or by sending
GayDCSingles.com
written notice of termination to
GayDCSingles
Customer Support. If you terminate your subscription, your subscription
will remain active until the end of your then-current subscription period (that
is, the subscription period through which you had paid prior to your
termination).
GayDCSingles.com
may terminate your membership and/or subscription by sending notice to you at
the email address you provide in your application for membership, or such other
email address as you may later provide to
GayDCSingles.com
. If
GayDCSingles.com
terminates your membership in the Service because you have breached this
Agreement, you will not be entitled to any refund of unused subscription fees.
All decisions regarding the termination of accounts shall be made in the sole
discretion of
GayDCSingles.com
.
GayDCSingles.com
is not required to provide you notice prior to terminating your membership
and/or subscription.
GayDCSingles.com
is not required, and may be prohibited, from disclosing a reason for the
termination of your account. Even after your membership or subscription is
terminated, this Agreement will remain in effect. All terms that by their
nature may survive termination of this Agreement shall be deemed to survive
such termination.
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| 5. Non-commercial Use by Members. The Website
is for the personal use of individual Members only and may not be used in
connection with any commercial endeavors. Organizations, companies, and/or
businesses may not become Members and should not use the Service or the Website
for any purpose. Illegal and/or unauthorized uses of the Website, including
collecting usernames and/or email addresses of members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of
or linking to the Website may be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and injunctive
redress. Use of the Website is with the permission of
GayDCSingles.com
, which may be revoked at any time, for any reason, in
GayDCSingles.com
's sole discretion.
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| 6. Account Security. You are responsible for
maintaining the confidentiality of the username and password that you designate
during the Registration process, and you are fully responsible for all
activities that occur under your username and password. You agree to (a)
immediately notify
GayDCSingles.com
of any unauthorized use of your username or password or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session.
GayDCSingles.com
will not be liable for any loss or damage arising from your failure to comply
with this provision. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information. If you share your computer
with others, you may wish to consider disabling your auto-sign in feature if
you have linked your Microsoft .Net Passport or AOL ScreenName to your
GayDCSingles.com
account.
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| 7. Your Interactions with Other Members. You
are solely responsible for your interactions with other Members. You understand
that
GayDCSingles.com
does not in any way screen its Members, nor does
GayDCSingles.com
inquire into the backgrounds of its Members or attempt to verify the statements
of its Members.
GayDCSingles.com
makes no representations or warranties as to the conduct of Members or their
compatibility with any current or future Members. In no event shall
GayDCSingles.com
be liable for any damages whatsoever, whether direct, indirect, general,
special, compensatory, consequential, and/or incidental, arising out of or
relating to the conduct of you or anyone else in connection with the use of the
Service, including without limitation, bodily injury, emotional distress,
and/or any other damages resulting from communications or meetings with other
registered users of this Service or persons you meet through this Service.
You agree to take reasonable precautions in all interactions with other Members
of the Service, particularly if you decide to meet offline or in person. You
understand that
GayDCSingles.com
makes no guarantees, either express or implied, regarding your ultimate
compatibility with individuals you meet through the Service. You should not
provide your financial information (for example, your credit card or bank
account information) to other Members.
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| 8. Content on
GayDCSingles.com
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(a) Proprietary Rights. GayDCSingles.com.com owns and retains all
proprietary rights in the Website and the Service. The Website contains the
copyrighted material, trademarks, and other proprietary information of
GayDCSingles.com.com, and its licensors. Except for that information which is in the
public domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
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(b) Reliance on Content, Advice, Etc. Opinions, advice,
statements, offers, or other information or content made available through the
Service, but not directly by
GayDCSingles.com
, are those of their respective authors, and should not necessarily be relied
upon. Such authors are solely responsible for such content. GayDCSingles.com.com does
not: (i) guarantee the accuracy, completeness, or usefulness of any information
on the Service, or (ii) adopt, endorse or accept responsibility for the
accuracy or reliability of any opinion, advice, or statement made by any party
that appears on the Website. Under no circumstances will
GayDCSingles.com
or its affiliates be responsible for any loss or damage resulting from your
reliance on information or other content posted on the Website or transmitted
to or by any Members.
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Content Posted by You on
GayDCSingles.com
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a. You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members. You will
not post on the Service, or transmit to other Members, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any
material that infringes or violates another party's rights (including, but not
limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to the Company
or to any other Member. If information provided to
GayDCSingles.com
, or another Member, subsequently becomes inaccurate, misleading or false, you
will promptly notify
GayDCSingles.com
of such change.
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b. You understand and agree that
GayDCSingles.com
may review and delete any content, messages, double-blind emails, photos or
Portraits (collectively, "Content"), in each case in whole or in part, that in
the sole judgment of
GayDCSingles.com
violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members.
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c. By posting Content to any public area of
GayDCSingles.com
, you automatically grant, and you represent and warrant that you have the
right to grant, to GayDCSingles.com.com, its affiliates, licensees and successors, an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, reproduce, adapt, modify and distribute such
information and content and to prepare derivative works of, or incorporate into
other works, such information and content, and to grant and authorize
sublicenses of the foregoing. You further represent and warrant that public
posting and use of your content by GayDCSingles.com.com will not infringe or violate the
rights of any third party.
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d. The following is a partial list of the kind of Content that is illegal or
prohibited on the Website.
GayDCSingles.com
reserves the right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending communication from the Service and
terminating the membership of such violators. It includes, but is not limited
to, Content that:
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is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming";
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promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
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promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated images, audio or video, or links to pirated images, audio or
video files;
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contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
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provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under the age of
18;
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provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
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solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and
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engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
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e. Your use of the Service, including but not limited to the Content you post on
the Service, must be in accordance with any and all applicable laws and
regulations.
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f. You may not include in your Member Portrait any telephone numbers, street
addresses, last names, URLs or email addresses.
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g. You may not engage in advertising to, or solicitation of, other Members. This
includes but is not limited to solicitation or advertising to buy or sell any
products or services through the Service or to attend parties or other social
functions or networking for commercial purposes. You may not transmit any chain
letters or junk email to other Members. Although
GayDCSingles.com
cannot monitor the conduct of its Members off the Website, it is also a
violation of these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or solicitation,
we reserves the right to restrict the number of emails which a Member may send
to other Members in any 24-hour period to a number which we deem appropriate in
our sole discretion.
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h. All information you include in your Member Portrait must be accurate, current
and complete.
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10.
Prohibited Activities. GayDCSingles.com.com reserves
the right to investigate and terminate your membership if you have misused the
Service, or behaved in a way which could be regarded as inappropriate or whose
conduct is unlawful or illegal. The following is a partial list of the type of
actions that you may not engage in with respect to the Service:
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You will not impersonate any person or entity.
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You will not "stalk" or otherwise harass any person.
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You will not express or imply that any statements you make are endorsed by
GayDCSingles.com.com without our specific prior written consent.
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You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data mine", or in
any way reproduce or circumvent the navigational structure or presentation of
the Service or its contents.
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You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
consent of the owner of such proprietary rights.
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You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
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You will not interfere with or disrupt the Services or the site or the servers
or networks connected to the Services or the site.
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You will not post, email or otherwise transmit 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.
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You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
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You will not "frame" or "mirror" any part of the Service or the Website,
without
GayDCSingles.com
's prior written authorization. You also shall not use meta tags or code or
other devices containing any reference to
GayDCSingles.com
or the Service or the site in order to direct any person to any other web site
for any purpose.
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You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or the
Website or any software used on or for the Service or cause others to do so.
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Customer Service. GayDCSingles.com.com provides
assistance and guidance through its customer care representatives. When
communicating with our customer care representatives, you may not to be
abusive, obscene, profane, offensive, sexist, threatening, harassing, racially
offensive, or otherwise behave inappropriately. If we feel that your behavior
towards any of our customer care representatives or other employees is at any
time threatening or offensive, we reserve the right to immediately terminate
your membership and you will not be entitled to any refund of unused
subscription fees.
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Modifications to Service. GayDCSingles.com.com reserves the right at any time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that
GayDCSingles.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
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Blocking of IP Addresses. In order to protect the integrity of the Service,
GayDCSingles.com
reserves the right at any time in its sole discretion to block Members from
certain IP addresses from accessing the Website.
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Copyright Policy. You may not post,
distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent with the
following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on
the Website; your address, telephone number, and email address; a written
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
GayDCSingles.com
's Copyright Agent for notice of claims of copyright infringement can be
reached as follows: GayDCSingles.com.com Legal, PO Box 25458, Dallas, TX 75225.
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Member Disputes. You are solely responsible
for your interactions with other
GayDCSingles.com
Members.
GayDCSingles.com
reserves the right, but has no obligation, to monitor disputes between you and
other Members.
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Privacy. Use of the Website and/or the
Service is also governed by our Privacy Policy.
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18.
Disclaimers. GayDCSingles.com.com is not responsible
for any incorrect or inaccurate Content posted on the Website or in connection
with the Service, whether caused by users of the Website, Members or by any of
the equipment or programming associated with or utilized in the Service. GayDCSingles.com.com
is not responsible for the conduct, whether online or offline, of any user of
the Website or Member of the Service.
GayDCSingles.com
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user or Member
communications.
GayDCSingles.com
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Website or combination
thereof, including injury or damage to users and/or Members or to any other
person's computer related to or resulting from participating or downloading
materials in connection with the Web and/or in connection with the Service.
Under no circumstances will
GayDCSingles.com
or any of its affiliates, advertisers, promoters or distribution partners be
responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Website or the Service, any Content posted
on the Website or transmitted to Members, or any interactions between users of
the Website, whether online or offline. The Website and the Service are
provided "AS-IS" and
GayDCSingles.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement.
GayDCSingles.com
cannot guarantee and does not promise any specific results from use of the
Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement,
any advice that may be posted on the Website is for informational and
entertainment purposes only and is not intended to replace or substitute for
any professional financial, medical, legal, or other advice.
GayDCSingles.com
makes no representations or warranties and expressly disclaims any and all
liability concerning any treatment, action by, or effect on any person
following the information offered or provided within or through the Website. If
you have specific concerns or a situation arises in which you require
professional or medical advice, you should consult with an appropriately
trained and qualified specialist.
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| 19.
Links. The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because
GayDCSingles.com
has no control over such sites and resources, you acknowledge and agree that
GayDCSingles.com.com 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
GayDCSingles.com
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 the use of, or
reliance upon, any such Content, goods or services available on or through any
such site or resource.
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| 20.
Linked Accounts. GayDCSingles.com.com permits you to
associate a
GayDCSingles.com
username and password with your Microsoft .Net Passport ID or your AOL
ScreenName ID. When you establish a linked account, you can sign into Microsoft
Passport or AOL ScreenName and automatically sign into
GayDCSingles.com
at the same time.
GayDCSingles.com
is not responsible for the operation or functionality of Microsoft Passport or
AOL ScreenName. Microsoft is a registered trademark of Microsoft Corporation
and AOL is a registered trademark of America Online, Inc.
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| 21.
Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will
GayDCSingles.com
be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also lost profits
arising from your use of the Web site or the Service, even if
GayDCSingles.com
has been advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, GayDCSingles.com.com's liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to
GayDCSingles.com
for the Service during the term of membership.
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| 22.
U.S. Export Controls. Software from this
Website (the "Software") is further subject to United States export controls.
No Software may be downloaded from the Website or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
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| 23.
Jurisdiction and Choice of Law. If there is any dispute arising out of the
Website and/or the Service, by using the Website, you expressly agree that any
such dispute shall be governed by the laws of the State of Texas, without
regard to its conflict of law provisions, and you expressly agree and consent
to the exclusive jurisdiction and venue of the state and federal courts of the
State of Texas, in Dallas or Collin County, for the resolution of any such
dispute.
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| 24.
Indemnity by You. You agree to indemnify
and hold
GayDCSingles.com
, its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your use of the Service in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth above.
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| 25.
No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this Agreement, there shall be no third party beneficiaries to this
Agreement.
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| 26.
Other. This Agreement contains the entire
agreement between you and
GayDCSingles.com
regarding the use of the Website and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
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Please
contact us with any questions regarding this agreement.
GayDCSingles.com
is a trademark of
GayDCSingles.com
, L.P.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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