| Terms and Conditions |
Terms and Conditions for Use of the Website (‘this Agreement’)
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE. ACCESS OR USE OF THIS WEBSITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED. YOUR PARTICLUAR ATTENTION IS DRAWN TO SECTIONS 5 (SUBSCRIPTION) 9 (TERMINATION) and 12 (LIABILITY) OF THESE TERMS. These are the terms and conditions of DATING SOLUTIONS LIMITED which has its registered office at The Meridian, 4 Copthall House, Station Square, Coventry, West Midlands CV1 2FL and its subsidiaries (as defined in Section 736 Companies Act 1985) and associated companies (as defined in Section 277, Income & Corporation Taxes Act 1998) together ("the Company"). Please click in the box next to 'Terms and Conditions' if you accept these terms and conditions. Please note that if you do not accept these Terms you will not be permitted to use the website or to register to become a Member or Subscriber. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MUST STOP USING THIS WEBSITE IMMEDIATELY.
1. Interpretation In these terms and conditions the following definitions will apply: "Applicable Laws" the laws of England and Wales and the European Union and any other laws or regulations, regulatory policies, guidelines, industry codes or codes of conduct which apply to the provision of Services. "the Company" includes all references to 'We' or 'Us' or 'Our'; "Content" the content of the website including text, messages, photographs, profiles or video clips; "the Initial Period" the period starting on the date when a Subscriber first subscribes to the Website and ending on the date one, three, six or twelve calendar months thereafter, as a subscriber chooses; "a Member" any individual who registers to use the website, including Premium Members; "Premium Member" any individual who registers to use the website and subscribes for use of the Subscription Services; "Privacy Policy" the Company's privacy policy from time to time as displayed on this website. http://www.GayNSADating.com/privacy.php"Prohibited Content" any content which the Company at its sole discretion deems to: • breach this Agreement; • be offensive, promote racism, bigotry, hatred or physical harm of any kind against any group or individual; • constitute information, a profile or photographs of any third person used without their permission; • involve transmission of "junk mail" or spam; • contains an illegal or unauthorised copy of another person’s copyrighted work or any work which otherwise breaches a third party's intellectual property rights; • promote information which is false or misleading, or promotes illegal activities, or promotes conduct which is threatening, abusive, obscene, defamatory or libellous; • contain any restricted or password only pages, or hidden text/images; • exploit people under the age of 18 in a sexual or violent manner or solicits information from anyone under the age of 18; • provide information about illegal activities; • include telephone numbers, home addresses, or family names of any individual; or • be inappropriate for any other reason. "Prohibited Activities" any of the following:- • impersonate any person or entity; • 'stalk' or otherwise harass any person; • express or imply that any statements made are endorsed by the Company without the Company’s prior written consent; • use a 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 Services or its Contents; • post, distribute or reproduce in any way any copyrighted material, trademarks or other intellectual property or proprietary information without prior consent of the owner; • post, email or otherwise transmit any material containing 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; • forge header or otherwise manipulate identifiers to disguise the origin of any information; • frame or mirror part of the Services; • use Meta tags or any other codes to direct people to another Website; • transmit or post any Content which constitutes or encourages conduct that would be considered to be a criminal offence, give rise to civil liability or otherwise contrary to the law or infringe the rights of any third party; • modify, adapt, sub-licence, translate, sell, reverse, engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Services or cause others to do so; or • any other activity which the Company deems at its sole discretion to be inappropriate for any reason. "Services" the Subscription Services and any other services provided by the Company; "Subscription" the subscription by a Premium Member to the Subscription Services; "Subscription Fee" the Initial Fee and the Recurring Charges referred to in section 5 of the Terms. "Subscription Services" the services available to Premium Members which include, not exclusively, the following:- • send and receive anonymous e-mails • upload video, audio and image galleries • access to private adult chatrooms • add to sex related forums or create your own topics • join adult groups, from swingers to S&M, or create your own • send and receive naughty flirts • access to private sexy webcam chatrooms • access to rate my photo • social networking • invite friends; auto added to friend list when they register • powerful searches to find your ideal match • level of compatibility - scoring system to show how well suited you are to other members • search members by gallery or listing • advanced search with retractable menus • quick search with thumb view • send secure private sexy e-mails • mail blocking/unblocking • events calendar • encounters (who has seen me) • who is interested in me (see who has hotlisted me) • my interests - give your rating against a range of adult interests • my matches • rate my profile • turn profile on/off (stealth/invisible mode) • who's online • hotlist/friend list - add your favourite members • multiple photo upload - add up to four photos • audio clip upload • video profile upload - add your sexy clips • ability to save last search criteria • match mail search • member control panel - edit or add to your profile • profile edit tools • tip a friend seen a sexy single you think your friend would like? Let them know in a flash; "Terms" These terms and conditions as amended from time to time; "Termination Date" The date, following receipt of cancellation in accordance with section 9, when the Premium Member's Subscription is terminated; "UK" England, Wales and Northern Ireland; "Website" This website and its contents at www.GayNSADating.com. 2. About us and Use of the Website The Website is operated by the Company. Our main trading address is The Meridian, 4 Copthall House, Station Square, Coventry, West Midlands, CV1 2FL. All use of the Website is on and subject to these Terms. If you do not agree to these Terms, cease use of the Website immediately. You may print and keep a copy of these Terms. They are a legal agreement between you and Us and can only be modified with Our consent. We reserve the right to change the Terms at Our discretion by publishing the revised terms on the Website. Except as expressly set out below, the particulars contained on the Website do not form the whole or part of any contract. The Website is designed and produced for information purposes only and the Company accept no responsibility for your Use of the Website.
3. Eligibility You must be at least 18 or over to use the Website or to register as a Member and/or a Premium Member of the Website. The Website is intended to be accessed solely within the UK and accordingly, you must be ordinarily resident in the UK to use the Website or to register as a Member or Subscriber. We do not accept applications for Membership or Subscription from individuals outside the UK. By using the Website you agree to abide by the Terms and Privacy Policy.
4. Membership To become a Member of the Website you must register with the Company. Registration is free of charge. The Company reserves the right to reject a Member's profile at its sole discretion.
5. Subscription and Fees In order to contact other Members, you must subscribe to the Subscription Services. The Subscription Services are available for a Subscription Fee. The Company reserves the right to alter the Subscription Fee from time to time but will provide the Subscriber with [one] month’s written notice of any increase in Subscription Fees. The Subscription Fees consist of a fixed fee for access to the Subscription Services during the Initial Period ("Initial Fee"). Following the expiry of the Initial Period, the Subscription will be automatically renewed for which there will be recurring charges ("Recurring Charges"). By entering into this Agreement, the Premium Member acknowledges that their Subscription incurs an Initial Fee and the Recurring Charges and accepts all responsibility for Recurring Charges accruing or due prior to cancellation. The Company will notify the Premium Member by email when membership has been renewed. All Subscription Fees will be paid from the account notified by the Premium Member "Nominated Account" . The current Subscription Fees are as follows:- Initial Period Initial Fee Recurring Charges 1 month £1.99 £16.99 per month 3 months £38.97 £38.97 every 3 months We reserve the right to terminate your Subscription if payment is declined due to insufficient fundsA Premium Member can stop incurring Recurring Fees charges by terminating this Agreement as set out in section 9 of these Terms. A Premium Member may cancel the agreement between us at any time within seven working days, beginning on the day after you subscribed to become a Premium Member. In this case, you will receive a full refund of the Initial Fee paid. If you wish to cancel your Subscription during this cooling off period, you must send an email to https://epoch.com/billingsupport [or write to DATING SOLUTIONS Limited, The Meridian, 4 Copthall House, Coventry, West Midlands, CV1 2FL.] If you cancel your Subscription We will process refunds as soon as possible and in any event within 30 days. Refunds will be credited to the same account from which the Initial fee was paid. The Premium Member is responsible for providing current, complete and accurate billing information including the account name, account number, branch address and sort code of the Nominated Account.
6. The Company’s Obligations We try to ensure that all information on the Website is accurate but make no representations that information is complete or accurate. No person in Our employment has any authority to make or give any representation or warranty whatsoever in relation to the Services. If you find any inaccurate information on the Website let Us know and We will correct it, where We agree, as soon as practicable. The Company endeavours to ensure that this Website is normally available 24 hours a day, however We do not guarantee that it will be uninterrupted or error free. The Company reserves the right to temporarily suspend access to the Website and without notice in the case of system failure, for maintenance or repair. The Company reserves the right to review, and delete any Prohibited Content. The Company reserves the right to investigate and terminate your Subscription if the Company believes at its sole discretion that you have or intend to misuse the Services, are in breach of any of these Terms, up-load Prohibited Content or carry out any Prohibited Activities.
7. Member Obligations Members must keep their passwords confidential. Each Member is solely responsible for maintaining the confidentiality of their unique logon ID and for their own use. Members must not post any Prohibited Content on the Website or carry out any Prohibited Activities or use the Website to facilitate any Prohibited Activities. You must use the Services in a manner which is consistent with any and all Applicable Laws. By applying for Membership or Subscription to the Website you warrant that:- (a) You are legally capable of entering into binding contracts; (b) You are at least 18 years old; (c) You are resident in the UK; and (d) You are accessing the Website from within the UK. Where Members collaborate with one another as a result of use of this Website or the discussion groups, they do so as independent parties. Members acknowledge that the Company will not in any way be a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration. Each Member agrees to indemnify and keep indemnified the Company, its successors and assigns and each of their respective officers and employees from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from the Member's use of and from any material posted on this Website, participation in discussion groups or from any other matter relating to the Member's use of the Website or the Services. Except as provided herein, each Member waives any right to bring a claim or action against the Company for any loss, damage or injury arising from the use of the Website or the Services.
8. Barring from the Website The Company reserve the right at Our sole discretion to bar Members from the Website whether they are Premium Members or not, on a permanent or temporary basis at Our discretion. Any such user shall be notified, and must not then attempt to access or use the Website under any other name or through any other user or in any way whatsoever.
9. Termination A Premium Member can terminate their Subscription, for any reason by written notice to the Company at any time. The notice must be marked "cancellations" and sent to Dating Solutions Limited, The Meridian, 4 Copthall House, Coventry, West Midlands, CV1 2FL. Cancellations in writing may take up to three weeks to be processed. Alternatively, a Premium Member can terminate their Subscription online via a link on the upgrade page https://epoch.com/billingsupport. Cancellations must be done 24 hours before payment is due via this link. Cancellation of the Subscription will take effect on the Termination Date which shall be at the end of the calendar month during which the cancellation notice is processed, or if later, the end of the Initial Period. The Termination Date will be no earlier than the last day of the Initial Period. The Premium Member will be liable to pay all Subscription Fees incurred up to the Termination Date. The Company can immediately terminate a Membership account or Subscription for breach of these Terms. The Company can immediately terminate a Membership account or Subscription or for any other reason by giving one months' notice to the Member. The Company may deactivate accounts of Members who have not used the Service for a period of six months unless the Member is a Premium Member.Refunds of any Recurring Charges paid in advance are given at the sole discretion of the Company.
10. Privacy Use of the Website and Services is governed by Our Privacy Policy. By accepting these Terms, you agree to Our Privacy Policy. http://www.GayNSADating.com/privacy.php The personal information (including sensitive personal information) you provided to Us will be stored on Our computers. You consent to Us using this information in accordance with the terms of Our Privacy Policy. By supplying your personal data, you consent to Our use of your personal data in accordance with Our Privacy Policy including publishing your personal data on the Website. The Website may be accessed from anywhere in the world and this may include countries where the level of Data Protection is not as high as the UK. By supplying your personal data you expressly acknowledge and agree to this. All Members must adhere to the Data Protection Act 1998 and personal data must not be used or disclosed illegally.
11. Disclaimer The Content is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company makes available the Website and provides the Services on the basis that the Company excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
12. Liability Our liability for losses you suffer as a result of Us breaking this agreement is strictly limited to the amount of any Subscription Fees paid by you during the period of six months ending on the date of the event that gave rise to Our liability. This does not include or limit in any way our liability:- (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:- (a) Loss of income or revenue; (b) Loss of business; (c) Loss of profits or contracts; (d) Loss of anticipated savings; (e) Loss of data; or (f) Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise. Where you buy any products or services from a third party seller through Our site, the seller's individual liability will be set out in the seller's terms and conditions.
13. Forums We encourage users of the Website to contribute to our message boards, some of which are reserved for Premium Members, and some of which are for general use. You must follow Our Bulletin Board Rules of Conduct, and use is only authorised on that basis. We expect many of those contributing to our message boards to have strong views but the Website is subject to the laws of libel, and you and Us could be sued if you are not careful in what you say. You should not make libellous postings or any postings which are illegal or breach copyright, database or other related rights. It is your responsibility to check this and we do not accept any liability in this respect. If you see any information on the Website which breaches your or anyone else's rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where We agree, We shall do our best to remove it as soon as possible. You must indemnify (pay) us for any losses we suffer if you breach this provision or any other provision of these Terms, the Privacy Policy or the Bulletin Board Code of Conduct. Although We listen to users' suggestions for new message boards, We cannot guarantee to include every topic everyone requests. We reserve the right to remove postings to message boards or edit them at Our discretion, but have no obligation to do so. Some message boards have restricted access, and use is limited, for example, only to Premium Members. To Subscribe as a Premium Member, click here [https://www.GayNSADating.com/get_premium.php]. Subscribers must ensure that only they use those message boards, and that they do not allow non-subscribers to use them using a Subscriber's own password.
14. Links from our site Where Our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Legal Jurisdiction and dispute-resolution English Law shall apply to these terms, notwithstanding where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
16. General The parties confirm their intent not to confer any rights on third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect. Any formal legal notices which We are required to be given shall be in writing and shall be posted on the Website and legal notices page of the Website. Any legal notices which you wish to give may be sent by post to the above address [or by email to Admin@GayNSADating.com ], confirmed by post]. The Company will not be liable or responsible for any failure to perform or delay in performance of Our obligations under these Terms by events outside our reasonable control. If We fail, at any time to insist upon strict performance of any of your obligations under the Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing as set out above. You may not assign or transfer your rights under this Agreement. This Agreement, the Privacy Policy and the Bulletin Board Code of Conduct constitute the entire agreement and understanding between you and Us in respect of matters dealt with in it and supersedes, cancels and nullifies any previous agreement between you and Us in relation to such matters notwithstanding the terms of any previous agreement or arrangement expressed in termination. The Member acknowledges and agrees that, in entering into this Agreement you do not rely on, and shall have no remedy in respect of any statement representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in this Agreement. The only remedy available to the Member in respect of such statement, representation, warranty and undertaking shall be for breach of contract under these Terms.
17. 2257 Disclosure/Exemption Statement Gaynsadating.com
Exemption Statement: With regard to all visual depictions appearing on this website, for which the operators of this website are producers, such depictions are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because:
1. they do not portray actual sexually explicit conduct as specifically defined in 18 U.S.C 2256 (2) (A)(i)-(iv); 2. they do not portray depictions of the genitals or pubic area created after July 27, 2006; 3. they do not portray simulated sexually explicit activity created after the effective date of Title 18 U.S.C. 2257A; or,
Exemption Statement Content Produced by Third Parties: The operators of this website are not the producers of any depictions of actual or simulated sexually explicit conduct submitted by its third party users / members. Instead, the activities of the operators of this website, with respect to such content, are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted directly to the website by third party users, on areas of the website under the users control. Pursuant to Title 18 U.S.C. 2257(h)(2)(B)(v) and 47 U.S.C. 230(c), the operators of this website reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service.
Questions or comments regarding this Section 2257 Exemption/Disclosure Statement should be addressed to: admin@gaynsadating.com
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