Gay-Media Club Manager Service Agreement & Terms of use
Acceptance of Term:
The services that Gay-Media provides to Member is subject to the following Terms of Use ("TOU").
Gay-Media reserves the right to update the TOU at any time without notice to Member.
The most current version of the TOU can be reviewed by clicking on the "Term of Use" hypertext link located at the bottom of our Webpages.
A. This Agreement, which incorporates by reference other provisions applicable to use of "Club Manager", including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in Club Manager, sets forth the terms and conditions that apply to use of Club Manager by Member.
By using Club Manager (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 Club Manager is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member'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. Member shall be responsible for protecting the confidentiality of Member's password(s), if any.
B. Gay-Media shall have the right at any time to change or discontinue any aspect or feature of Club Manager, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Changed Terms:
Gay-Media shall have the right at any time to change or modify the terms and conditions applicable to Member's use of Club Manager, 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, positing on Club Manager, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of Club Manager by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.
Description of service:
Through tis Web property, Gay-Media provides Member with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User Conduct:
A. User shall use Gay-Media for lowful purposes only. User shall not post or transmit through Club Manager any material which violates or infringes in any way upon the rights of others, which is unlowful, 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-Media's express prior approval, contains advertising or any solicitation with respect to products of services. Any conduct by a Member from using or enjoying Gay-Media will not be permitted. Member shall not Club Manager to advertise or perform any commercial solicitation, including, but not limited to the solicitation of members to become subscribers of other on-line information services competitive with Gay-Media.
B. Gay-Media contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text software, photos, video, graphics, music and sound, and the entire contents of Gay-Media are copyrighted as a collective work under the Germany copyright laws.
Gay-Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Gay-Media and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. Member shall not upload, post or otherwise make available on Gay-Media 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 Member.
Member 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 Gay-Media, Member automatically grants, or warrants that the owner of such material has expressly granted Gay-Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduct, 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. Member also permits any other Member to access, view, store or reproduce the material for that Member's personal use. Member here by grants Gay-Media the right to edit, copy, publish and distribute any material made available on Gay-Media by Member.