You must read and agree to these Site Terms and Conditions before you can become an active member of this Web Site:
For good and valuable consideration, the sufficiency of which is acknowledged by you and the Company, you hereby agree to become a subscriber to Website, and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are you, the Subscriber, and Website. Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to you all the privileges of subscription to Website available to a Subscriber in good standing. This Agreement is subject to change by Company at anytime, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to Website, or by mail.
The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. If we are unable to charge your card for the full monthly rate, we may opt to continue to allow access for a nominal 3$ service fee during each failed attempt at charging the full amount. We may then opt to allow access at a lower monthly rate and continue to use this amount for continued access.
By signing up for a subscription or membership to the Website, accessing any the password protected area of the Website, using any "member's only" content available in at or through the Website, or by accepting these terms and conditions by any other legally recognizable means, you hereby acknowledge and agree that you will be irrevocably agreeing to all the terms, conditions, obligations, warranties, and other provisions set forth in this Agreement, including the authorization for and acceptance of full financial responsibility for all charges set forth in this Agreement. We reserve the right to increase pricing at any time including increases to existing monthly memberships to our then current new subscriber rates.
To terminate your membership, your subscription must be canceled at least 3 days prior to the end of the current term (or within your trial period in the case of trial membership). Certain features are available to upgraded or converted members only.
You agree that if you do not send the Company notice of cancellation of your membership at least THREE (3) DAYS from the expiration of your membership term (including any free or promotional membership terms), or within your trial period in the case of trial membership the Company shall, with the full authorization You hereby provide, automatically and without further notice, renew Your membership to Website.
All cancellations received by the Company will be effective upon receipt and The Company may, at any time and at its sole discretion and without cause or the providing of any reason, cancel any membership.
You hereby acknowledge and agree that if You cancel Your membership, or if Your membership is cancelled by the Company, Your password will be removed from the system at the end of the then current membership period and that You will be entitled to receive the full benefits of Your membership until the end of such membership period. You shall not be entitled to any pro-rated or partial refund if You cancel Your membership before the end of the then current membership period for any reason. You agree that if you cancel at any time after purchasing a membership to Website (e.g., 20 minutes after you sign up), You are responsible for that month fee or the promotional/special fee if any is applicable.
The parties to this Agreement ("Agreement") are you ("You", sometimes referred to as a "User" of the Website), and . GRAY POST LLC, the owner of gayisbest.com (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the operators of the Website . By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
You hereby acknowledge that the Content made available at, in, though and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website ("Affiliated Content Providers") and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.
No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A PROHIBITED LOCATION AND YOU WILL NOT ACCESS THE WEBSITE OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE BY ANY AFFILIATED Content Providers FROM ANY PROHIBITED AREA.
You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person located in a PROHIBITED AREA constitutes the unauthorized accessing of the Company's computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the Company's copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers' Content on the Company's computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company's copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed, You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult not located in a PROHIBITED AREA, and payment of all Membership Fees and other Fees You have agreed to pay, the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider's Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers' Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider's Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including any MySpace® page, regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the Company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorney's fees and all litigation and criminal defense costs.
You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning.
You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:
You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company or by sending an e-mail cancellation request to firstname.lastname@example.org .
The Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Website affiliate or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Website affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
You understand that neither Company, Website affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company, Website affiliates nor any Website Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.
You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company's suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Website set forth herein, and to access Content made available to You by Website Content Providers and/or affiliates, You agree that any and all liability that might be attributable to the Company, Website Content Providers or Website affiliates, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the Website and/or Website Content Providers' or affiliates' Content, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for access to the Website or for the Content You accessed at the Website or (2) fifty dollars ($50.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law.
With respect to the releases of liability set forth in this Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations.
Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at email@example.com .
This Agreement in association with any and all agreement(s) You may have or enter into in future with Company, Website Content Providers and/or Website affiliates regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement .
You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all be governed by and construed under the laws of the State of California and the United States, as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Choice of Law. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of California.
You hereby agree that You will not bring, and You will not allow any third party, including any governmental agency, to bring, any action against the Company, any company or person participating in any of the Company’s affiliate marketing programs, or any the aforementioned parties’ principals, employees or agents, that relates to or is a direct or indirect consequence of Your registration of an email address or other email contact point with any governmental “do not email” registry (including without limitation, the registry regulated by the Utah Child Protection Registry Act), or any similar registry, with respect to any email address or contact point You have provided to the Company and/or any of the companies or persons participating in any of the Company’s affiliate marketing programs after indicating that You have given the Company and/or such participant(s) in the affiliate marketing program(s) permission to send You email, unless You had previously properly provided to the Company and such other affected parties a proper and timely request not to send you email and/or remove you from the affected party’s(ies’) email list. You agree to completely and fully indemnify the Company and all participants in the Company’s affiliate marketing programs and all their principals, employees and agents (i) for any and all expenses and damages, including any and all fines, penalties and attorney’s fees that arise from, or otherwise result from, any and all such actions under any “do not email” registry law(s) brought by your or any other party, and (ii) any other breaches of Your obligations set forth in this subparagraph, including from all expenses and damages resulting from any actions brought against the Company, any participants in any of the Company’s affiliate marketing programs, any of the aforementioned parties’ principals, employees or agents in any way regarding any email that You have requested or authorized any of the aforementioned parties to send You. You agree that because damages resulting from any breach of this subparagraph will likely result in damages to the Company and/or participants in its affiliate marketing programs that are difficult to calculate, Company shall be entitled to elect, at its sole discretion, as an additional remedy for each breach of Your obligations set forth above, liquidated damages in the amount of fifty thousand dollars ($50,000.00) for each such breach.
You and Company agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
You acknowledge and agree that the failure of the Company or any the Website Content Providers or affiliates, or any of either's assignees or successors, to enforce any of the specific provi¬sions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforce¬ment of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of membership and/or other charges for licensed access to Content available in, at, through or in association with the Website, and each time You access any part of the Website that is age restricted, membership restricted or otherwise restricted for any reason.
You acknowledge and agree that unless You expressly agree with all the terms of this Agreement, You will not be authorized to access the Company's or the Company's agent's computers or servers to download or otherwise use the Website, to acquire access to the "adults only" portions of the Website, to use any services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Company, any Website affiliates or any Website Content Providers.
For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing your assent and agreement, please contact the Company at firstname.lastname@example.org . You hereby acknowledge and agree that the services and goods provided via a membership to the Website or in association therewith are of a type readily available to You elsewhere, that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to your full agreement hereto. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies.
Your Membership is non-transferable and non-assignable.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT Website ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT Website DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF Website OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN Website. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM Website INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.