LGBTWHO TERMS OF SERVICE
By accessing or using our Services, you MUST be at least 18 years old, you understand and agree to these Terms. To play the Services you must comply with these Terms: If you become a member, you represent and warrant that you have never been convicted of or pled no contest to felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any government entity.You must have a valid email address using an email platform to sign up for an account. You are responsible for maintaining the security of your account and ensuring that no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, you must notify LGBTWHO immediately at [email protected]
Privacy & Account Security
Modifications to Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT LGBTWHO SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by LGBTwho with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.
Content and Content Rights
For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content. You are solely responsible for the content that you post. You may not post any offensive, inaccurate, abusive obscene, profane, sexually oriented, threatening, intimidating, harassing, rude, vulgar, derogatory, sexist, defamatory, insulting, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
OUR REFUSAL OR SUSPENSION OF YOUR SERVICE
You may terminate Your Account at any time for any reason, by following the instructions given in the LGBTwho Services. Upon the cancellation of Your account, this Agreement will immediately terminate.
If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid. If we believe that Your profile content or Your conduct within the LGBTwho Services violates Our Terms of Service, Your access and User Account may be immediately terminated and no refunds will be given.
LGBTWHO RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON OR NO REASON, AND WITHOUT ANY NOTICE.
LGBTwho may terminate any User Account You have with the LGBTwho Services or Your use of the LGBTwho Services or any portion thereof, if LGBTwho believes that you have breached this Agreement, or for any other reason, in its sole discretion. LGBTwho may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the LGBTwho Services or any User Account You may have or portion thereof may be effected without prior notice, and You agree that LGBTwho will not be liable to You or any third party for any such termination. For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the LGBTwho Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the LGBTwho Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LGBTwho may have at law or in equity.
- In addition, you shall not:
- 1. Attempt to use the Services to stalk, harass, abuse, or harm, or advocate or incite stalking, harassment, abuse or harm of another person or group.
- 2. Post any abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive content or information or any content or information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- 3. Inappropriately solicit or attempt to solicit personal information from other users of the Services, nor shall you harvest or post anyone’s private information, including personally identifiable or financial information in or through the use of the Services.
- 4. Advertise, spam or distribute any malware, spyware or other malicious content or publish illegal material in or through the Services.
- 5. Engage in any illegal conduct or intentionally or unintentionally violate, or promote the violation of, any applicable laws or regulations.
- 6. Disrupt, overburden, of any computer or server used by or in the Services or become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks) or in any other way attempt to disrupt the Services or any other player's use or enjoyment of the Services.
- 7. Cheat or disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services.
- 8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services.
- 9.Attempt to gain unauthorized access to the Services, player accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the Services' user interface.
- 10.Post, use, transmit or distribute, directly or indirectly,(e.g screen shot) in any manner or media any other content or information obtained from the website or the service other than solely in connection with your use of the Service in accordance with this Agreement.
This provision is not meant to be exhaustive, and LGBTwho reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Account and exclusion from further participation in the Services.
If You believe that LGBTwho has suspended or terminated Your User Account in error, You may contact Us at [email protected] at any time.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to LGBTwho a perpetual, non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. If you want to terminate this license at any time, please email [email protected] You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by LGBTWHO on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as virtual gifts you give or chat messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by LGBTwho
Subject to your compliance with these Terms, LGBTwho grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Each user is responsible for any content or information they post or transmit in the Services and LGBTwho assumes no responsibility for the conduct of any user submitting any content or for the information transmitted by any user. You shall not make available in the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person. LGBTWHO assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct, and has no obligation to monitor player content. To the extent LGBTwho becomes aware of any player content it shall have the right, in its sole discretion, to edit, refuse to post, or remove any player content. As you use the Services, LGBTwho may monitor and/or record your use of the Services and/or communications while you are playing the Services and you hereby provide your irrevocable consent to such monitoring and recording.
YOUR INDEMNIFICATION OF US; YOU HOLD HARMLESS LGBTWHO
You agree to indemnify, defend, and hold LGBTwho harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other LGBTwho Services generally, (b) any violation of the rights of any other person or entity by You, (c)any alleged breach or violation by You of this Agreement, or (d) Your use of the LGBTwho Services to meet another User in person or to locate and attend any offline place or event. LGBTwho reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the LGBTwho Services.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of LGBTwho and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, LGBTwho may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
Choice of Law, Venue and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of HK, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and LGBTwho related to these Terms, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in HK. You agree to submit to the personal jurisdiction of the courts located within HK for the purpose of litigating all such claims or disputes.
Disclaimer of Warranties, Limitation of Damages and Release and Indemnity
You agree that the provisions of this section will survive any termination of your account or of the Services. THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY LGBTWHO ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LGBTWHO DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING.UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LGBTWHO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LGBTWHO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LGBTWHO FOR ACCESS TO OR USE OF THE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST LGBTWHO ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, LGBTWHO FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
Severability, Waiver of Agreement Provisions.
You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices. LGBTWHO may provide You with notices, including those regarding changes to this Agreement, by email or postings on the LGBTWHO Services. You hereby consent to the use of electronic communications.
You May Not Assign, But LGBTWHO May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, LGBTWHO may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word "including" means "including without limitation." This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
Please Contact Us with any questions about the terms
2018 LGBTWHO.com. All Rights Reserved.