|TERMS OF SERVICE AGREEMENT|
gbfriends, hereunder referred as “gbfriends”, or “gbfriends.com”, or Website or Site, welcomes you to our online community - the Service for adults to meet each other online. By registering and/or using gbfriends, you agree that you have read and understood the Terms of Service (this “Agreement”). This Agreement is subject to change at any time and it is your responsibility to check for updates regularly. Upon registration at gbfriends, you become a member and agree to be bound by the terms and conditions outlined in this Agreement.
To register and become a member at gbfriends, you must be at least 16 years of age. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by its terms and conditions. Your membership is for your sole personal use and must not be transferred to any other person.
2. MEMBERSHIP FEES
It is absolutely FREE to register as a member at gbfriends. However, to ensure no blocked information on messages sent to and received from other members, you must purchase Friendship-points, which are explained in this section.
3. REGISTRATION AND TERMINATION
Registration at gbfriends requires you to submit information about yourself for identification and classification purposes. Upon registration, you agree that information you provide to gbfriends is complete, accurate, and current. You represent and warrant to us that information and photograph posted are provided and posted by you and that you are the exclusive author and owner of your profile and photograph. It is your responsibility to ensure your information is updated for maintenance of accuracy. gbfriends reserves the right to terminate your membership at any time upon sending to you a notice at the email address provided in your application for membership or other email addresses that you may later provide to gbfriends. Should gbfriends terminates your membership because you have breached this Agreement, or in the case that you are terminating your membership for any reasons, gbfriends is not liable for any refund of money to you for any unused Friendship-points. Even after this membership is terminated, this Agreement still remains in effect.
4. NON-COMMERCIAL USE BY MEMBERS
gbfriends is intended for personal use of individuals only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not apply for membership and shall not use the Website for any purpose. Illegal and/or unauthorized uses of the Website including but not limited to: unauthorized framing of or linking to the site, sending unsolicited e-mails and advertisements from other websites to members will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
5. PROPRIETARY RIGHTS OF CONTENT
gbfriends owns and retains all proprietary information on the Website and service. The site contains the copyrighted materials, trademarks, and other proprietary information of gbfriends and its licensors. Except for that information which is in public domain, or for which you have been given expressed written permission, you may not copy, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. CONTENT POSTED ON THE SITE
- You understand and agree that gbfriends may review and delete any content, messages, photos or profiles (collectively, Content) that in the sole judgment of gbfriends violate or alleged to violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, post) on the Service, or transmit to other Members.
- By posting Content to any public area in gbfriends, you automatically grant, represent and warrant that you have the right to grant, to gbfriends an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, 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.
- The following is a partial list of the type of Content that is illegal or prohibited on the site. gbfriends 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 Content that:
- 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;
- harasses or advocates harassment of another individual;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- 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 music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- provides material that exploits people under the age of 16 in a sexual or violent manner, or solicits personal information from anyone under 16;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- In your member profile, you may not include any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although gbfriends 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.
7. COPYRIGHT POLICY
You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information in any way 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 the following information to our Copyright Agent: 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 Web site; 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. The Copyright Agent for gbfriends for notice of claims of copyright infringement is:
Copyright Agent, gbfriends
(see address in contact page)
8. MEMBER DISPUTES
You are solely responsible for your interactions with other Members at gbfriends. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
Opinions, advice, statements, offers, and other information and Content made available through gbfriends, but not directly by us, are those of their respective authors. They should not necessarily be relied upon. Such authors are solely responsible for such content. gbfriends does not guarantee the accuracy, completeness, and usefulness of any information on the service. gbfriends 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. gbfriends is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. gbfriends 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. gbfriends 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 gbfriends 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 gbfriends expressly disclaims any warranty of fitness for a particular purpose or non-infringement. gbfriends cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will gbfriends 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 Website or the Service, even if gbfriends has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, gbfriends’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 gbfriends for the Service during the term of membership.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the province and federal courts of the Province of Ontario, City of Toronto.
You agree to indemnify and hold gbfriends, 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.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and gbfriends regarding the use of the Website and/or the Service. The failure of gbfriends to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 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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