You are responsible for reviewing and becoming familiar with all of these new terms. Your use of the GayTies.com site and services following this notification constitutes your acceptance of these terms of service, as well as the terms and conditions contained in the GayTies.com Community Guidelines. Click on the Community guideline link at the bottom of the Home Page.
ACCEPTANCE OF TERMS
This User Agreement (the "Agreement") applies to all products and services offered by GayTies.com (the "Company"). BY USING THE GAYTIES.COM, YOU ARE STATING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE GAYTIES.COM. You agree that the Company may change the terms and conditions of this Agreement at any time by posting such changes on GayTies.com and that your continued use of GayTies.com after any such posting will constitute your acknowledgment and acceptance of the revised terms and conditions.
To use GayTies.com, you have to register to become a member ("Member"). If you would like to register to become a Member, please complete the membership registration form. You agree to (a) provide true, accurate, current and complete information as prompted by the registration form and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. If any information provided by you on the registration form is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration. The Company makes a good faith effort to prohibit registration as a Member by, and will not knowingly collect or store personal information from, anyone under the age of 18 (or anyone under the age of 21 in the following states: UT, AL, MI, NE and WY).
All visual depictions displayed on this Web site, whether of actual sexually explicit conduct, simulated sexual content or otherwise, are visual depictions of persons who were at least 18 years of age when those visual depictions were created. All other visual depictions displayed on this Web site are exempt from 18 U.S.C. Section 2257 and 28 C.F.R. Part 75 because said visual depictions are not visual depictions of conduct specifically listed in 18 U.S.C Section 2256 (2) (A)-(D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to November 1, 1990, or were produced, manufactured, published, duplicated, reproduced, or reissued before May 26, 1992.
The owner and operator of this Website is not the primary producer (as that term is defined in 18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of all the visual content contained on the Web site. The Custodian of Records for content on this Web site for which the owner and operator of this Web site are not the primary producer is/are:
Company Administrator, POB 129, La Mirada, CA 90637.
By joining this website, you are affirming that:
-you are at least 18 (21 if in UT, AL, MI, NE or WY) years of age;
-you are requesting WEBSITE materials for my own personal use in my private residence;
-you are not accessing material to use against the site owner, operator or any person in any conceivable manner;
- you understand that this website contains material of an adult nature including images of gay erotic sex;
- you will not exhibit any material from this site to a minor;
- you personally warrant that the materials you are requesting, to the best of your knowledge and belief, contain descriptions or depictions of sexual activity which are acceptable for adults in your community, based on the average adult person applying contemporary community standards;
You hereby declare the following under penalty of perjury before entering this site: I am at least 18 years of age (21 if in UT, AL, MI, NE or WY). I understand that this site is of an adult nature, which may include images with nudity and sexual situations and/or adult language, gay bareback sex videos, gay bareback pictures, gay bareback sex videos, and gay bareback glory holes videos. I will not permit any minor, as recognized by the state or community in which I live or any person who might find such material offensive to see the material. I believe that my standards reflect those of the community in which I reside.
You also agree that this transaction is governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), 15 U.S.C., Section 7000, et seq. Entering this website, if you are not an adult as listed above, constitutes a criminal offense. You hereby attest that you are of legal age in your jurisdiction to view adult material. This document constitutes an un-sworn declaration under federal law. Access by minors is strictly forbidden.
We reserve the right at any time to charge fees for access to new GayTies.com content or services or to portions of the existing content or services or to GayTies.com as a whole. In no event will you be charged for access to GayTies.com, in part, or as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
If you are not completely satisfied with our website and your paid membership, you may have a complete refund in the first 24 hours. That is enough time for you to determine if this website is for you. After that period, there are no refunds.
We reserve the right to modify or discontinue, temporarily or permanently, GayTies.com (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any such action.
Following are some basic rules that apply to GayTies.com and that you agree to follow. If you violate any of GayTies.com rules, or if we have reasonable grounds to so believe, we have the right, in addition to pursuing any and all legal remedies available, to deny you access to GayTies.com, to suspend or terminate your membership and to refuse to provide you with any future membership. You agree not to use GayTies.com to:
upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or (e) material that contains 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; connect in an unauthorized manner (i.e., by means other than the chat and/or messenger clients provided by the Company) to the chat environment the Company provides for use by its Members on GayTies.com or facilitate such unauthorized connections through the provision of software or other computer code specifically designed to allow a user to make such unauthorized connections to the Company's chat environment;
copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the chat and/or messenger clients or any other software the Company provides through GayTies.com; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through GayTies.com; disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of GayTies.com are able to type (e.g., "flooding" chat), or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt GayTies.com or servers, networking and computing equipment or networks connected to GayTies.com, or disobey any requirements, procedures, policies or regulations of networks connected to GayTies.com; initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in GayTies.com and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any disruptive action aimed at GayTies.com or the Internet in general; try to gain access to areas that are private to the Company; violate any applicable local, state, national or international law or regulation; stalk or otherwise harass another; harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off GayTies.com); collect, intercept or harvest member names; collect, intercept or store personal data about other users of GayTies.com; or solicit or attempt to discover a user's password, member name, or other registration or usage information without the user's express knowledge and consent; engage in or run raffles, lotteries, contests, or sweepstakes; promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption to GayTies.com, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to GayTies.com or the Internet in general; or store any information or use any Web page or directory you create, including any member profile or posting in or to a public area (such as in chat, on message boards or in response to an online poll), on or through GayTies.com as storage for remote loading or as a door or signpost to another Web page, whether inside or outside GayTies.com.
You acknowledge that we do not pre-screen material posted or transmitted on GayTies.com, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on GayTies.com, including but not limited to message board posts, profiles, images, personals, chat and reviews. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of the Company, its users or the public.
We do not sell, trade, or share any personal information members or visitors entered on GayTies.com.
Through certain areas of GayTies.com you may post or submit material ("Submissions") for viewing by others or view Submissions of other users (e.g., bulletin boards, forums, personals, Member profiles, chat rooms or video chat rooms). By making a Submission, you (a) automatically grant the Company and its affiliates and licensees the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (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, (b) permit any other user of GayTies.com to access, view, store, or reproduce the Submission for that user's personal use, and (c) represent and warrant that public posting and use of your Submission by the Company and its affiliates and licensees will not infringe or violate the rights of any third party.
Our provision of a link to any non-Company site or location is for your convenience and does not signify our endorsement of such non-Company site or location or its contents. The Company shall not be responsible for any information, software, or links found at any non-Company site or location, or for any transactions conducted at or through any linked non-Company site or location.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF GAYTIES.COM IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GAYTIES.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT, AND THE COMPANY, ITS SUBSIDIARIES AND LICENSORS HEREBY EXPRESSLY DISCLAIM, ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY, ITS SUBSIDIARIES AND LICENSORS DO NOT REPRESENT OR WARRANT THAT GAYTIES.COM WILL FUNCTION WITHOUT INTERRUPTION, THAT GAYTIES.COM IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT GAYTIES.COM AND THE SERVER(S) THAT MAKE GAYTIES.COM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF GAYTIES.COM SHALL CREATE ANY WARRANTY. FURTHER, THE COMPANY, ITS SUBSIDIARIES AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH GAYTIES.COM WILL BE CORRECT, ACCURATE, TIMELY OR RELIABLE.
DISCLAIMER FOR KINKSVILLE STORIES
ALL STORIES OR ARTICLES POSTED/PUBLISHED UNDER THE KINKSVILLE HEADING ARE WORKS OF FICTION. NAMES, CHARACTERS, BUSINESSES, PLACES, EVENTS, AND INCIDENTS ARE EITHER A PRODUCT OF THE AUTHOR'S IMAGINATION OR USED IN A FICTITIOUS MANNER. EVEN WHEN DIRECTLY STATED OR IMPLIED IN A STORY THAT SUCH THINGS ARE REAL OR TRUE, THEY ARE NOT. ANY RESEMBLANCE TO ACTUAL PERSONS, LIVING OR DEAD, OR ACTUAL EVENTS IS PURELY COINCIDENTAL.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING GAYTIES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE GAYTIES.COM, ANY CHANGES TO GAYTIES.COM OR THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH GAYTIES.COM. THE COMPANY, ITS SUBSIDIARIES AND LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING GAYTIES.COM ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH GAYTIES.COM, OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH GAYTIES.COM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GAYTIES.COM. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF THE COMPANY OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company, its licensors and any other person or entity involved in creating or distributing GayTies.com, as well as each of their respective parents, affiliates or subsidiaries and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account's) use of, or conduct with respect to, GayTies.com.
ALLOCATION OF RISK
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, WITHOUT WHICH THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE GAYTIES.COM.
You acknowledge and agree that all content and materials available on or through GayTies.com are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may print or download one copy of the materials or content on GayTies.com on any single computer for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Systematic retrieval of data or other content from GayTies.com to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. To obtain such authorization, contact the Company in writing at:
La Mirada, CA 90637
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
The Company respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. Â§ 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), the Company has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your work has been copied and is accessible through GayTies.com in a way that constitutes copyright infringement, please send the Company a Notice of Infringement. Mail it to:
La Mirada, CA 90637
The information submitted in the Notice of Infringement Letter [which substantively complies with 17 U.S.C. Â§ 512(c)(3)(A)], must include:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement letter each time you wish to report alleged acts of infringement. Please note that the Company will, in appropriate circumstances, terminate the account of any Member who repeatedly posts infringing material on GayTies.com.
CHOICE OF LAW/JURISDICTION AND VENUE
You agree that the laws of the State of California and the United States will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in California by California residents, notwithstanding your actual place of residence. You agree that all lawsuits arising out of or relating to this Agreement shall be brought exclusively in the Federal or State courts located in Orange County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
This Agreement contains the complete and final statement of the understanding between you and the Company with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and the Company concerning the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by the Company of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of GayTies.com or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including, without limitation, the Acceptance of Terms, Community Guidelines, Submissions, Links, Disclaimer of Warranties, Limitations on Liability, Indemnification, Allocation of Risk, Proprietary Rights, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.