These Terms of Service (the “Agreement “) set forth the terms and conditions that apply to your use of the web sites, mobile applications, social applications, and the services and materials therein offered to you by LGBT Media, Inc. (the “Service”). By using the Service, you agree to the terms of this Agreement as if you had signed it. If you do not agree to be bound by this Agreement, you must discontinue your use of the service.
1. Restrictions on Use
As part of the Service you will be provided with information, chat rooms, links to other web sites and other services that LGBT Media, Inc. (“LGBTI”) may decide to offer, subject to these Terms of Service. LGBTI may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to restricting, (i) the time of availability, (ii) the availability and/or scope of the Service for certain platforms (i.e. computer types and operating systems), (iii) the amount of use permitted, and (iv) restricting or terminating any user’s right to use and/or participate in all or part of the Service, at any time in LGBTI’s sole discretion and without prior notice or liability.
2.1 “Content” includes the games, software, communications, any graphics (including textures, skins, and modules-e.g. rides, cars, buildings, etc.), sounds, music, video, audio, text and all other material and information uploaded or made available by LGBTI, you or any other user on the Service. Content is derived in whole or in part from material supplied and owned by LGBTI and other sources. This material is protected by copyright, trademark and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works or distribute Content from the Service without the express authorization of LGBTI. You may, however, download Content from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Content in accordance with all restrictions applicable to your use of the Service in general. In the event you download content from the Service, the Content is licensed to you by LGBTI which does not transfer title to you. LGBTI does not pre-screen all Content available on the Service and does not assume any responsibility or liability for Content provided by users of the Service or by third parties. LGBTI reserves the right to remove at its sole discretion Content for any reason. Neither LGBTI nor its affiliates assume any liability for failure to remove, or delay in removing Content.
2.2 The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from LGBTI for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from LGBTI or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is final and is NOT REFUNDABLE, exchangeable, transferable, except in LGBTI’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
LGBTI retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
5.1. By uploading Content, inputting data, or engaging in any other form of communication (a “Communication”) through the Community Areas and the Service you are granting LGBTI a royalty-fee, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication will be subject to any obligation of confidence on the part of LGBTI. You waive and relinquish any “moral rights” that may exist in any Communication, and agree not to assert any moral rights in any Communication.
5.2. Downloadable Software License Terms. Any software that you may download from this Site or Service (“Downloaded Software”) is the copyrighted work of LGBTI and/or its licensors. Use of Downloaded Software is governed by the terms of any end-user license agreement that may accompany the Downloaded Software. The following terms apply to your use of Downloaded Software (to the extent not inconsistent with any accompanying end-user license agreement): (a) LGBTI hereby grants to you a personal, non-exclusive, non-transferable, limited license to use the object code version of the Downloaded Software solely on your single personal computer; (b) Downloaded Software is provided strictly on an “as-is” basis, without any warranties of any kind, whether expressed or implied, including without limitation any warranties of merchantability, fitness for a particular purpose (even if LGBTI has been informed of such purpose), non-infringement or compatibility with your computer hardware or software; (c) LGBTI has no liability of any kind or nature in connection with your use of the Downloaded Software (including liability for any consequential or incidental damages), and the entire risk of use (including without limitation any damage to your computer hardware or software) resides with you; and (d) your license to use the Downloaded Software will terminate automatically and without notice in the event that you violate any of these license terms.
6. Content in the Community Areas and on the Service.
Communications posted in the Community Areas and through the Service are provided by users who are unaffiliated with LGBTI, and the user providing each such Communication is solely responsible for its content. In using the Community Areas or receiving e-mail messages through the Service, you should not assume that such messages have been reviewed by LGBTI, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstance will LGBTI be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mail, or otherwise transmitted via the Service.
7. Personal Safety
When using the Service, please be certain that anything that you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
LGBTI is pleased to hear from users and welcomes your comments regarding LGBTI’s programs and services. LGBTI’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by LGBTI’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while LGBTI values your feedback, LGBTI must ask that you do not send original creative materials.
9. Dealing with Merchants
Your correspondence or business dealing with, or participation in promotions of merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. LGBTI will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
10. Disclaimer of Warranties
LGBTI HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER LGBTI, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LGBTI AND ITS BUSINESS PARTNERS (E.G., LGBTI’S THIRD PARTY PUBLISHING AFFILIATES (AS DEFINED BELOW), CONTRACTORS, AGENTS, AND/OR VENDORS (COLLECTIVELY, THE “BUSINESS PARTNERS”)DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. LGBTI AND ITS BUSINESS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LGBTI AND ITS BUSINESS PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information and the completeness, accuracy and usefulness of any Content found on the Service. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided. You acknowledge and agree that your use of the Service, and any information sent or received in connection with that use, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
11. Limitation of Liability
IN NO EVENT WILL LGBTI, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS, OR OTHER BUSINESS PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, LGBTI REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF LGBTI OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LGBTI, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS, OR OTHER BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless LGBTI, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Content or other material uploaded, posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; and (c) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
LGBTI may, in its sole discretion, terminate your use of the Service, or remove and discard any communication transmitted by you or information stored, sent, or received via the Service without prior notice and for any reason. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which LGBTI may be entitled in law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to LGBTI and its licensors. Sections 3, 4, 5, 10, 11, 12, 13, 14, and 16 through 22 will survive any expiration or termination of this Agreement.
LGBTI, and the LGBTI logos are trademarks of LGBT Media Inc., and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of LGBTI or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.