Terms of Use and Notices

GayBarNetwork.com Terms of Use and Notices

Last Updated: February 2002

AGREEMENT BETWEEN YOU AND CYBERTECH INTERNET SOLUTIONS INC.

The GayBarNetwork.com (GBN) Web Site is made up of various Web sites and Web pages operated by Cybertech Internet Solutions Inc., 6742 Forest Hill Blvd, West Palm Beach, Fl 33413 or its affiliates (collectively, the "GBN Web Sites"). This Terms of Use and Notices applies to the GBN Web Site and does not apply to the content of third parties.

The GBN Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GBN Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular GBN Web Site included within the GBN Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go directly to any of the Additional Terms, click on the link below:

Additionally, the GBN Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular GBN Web Site, then these terms shall control.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular GBN Web Site, or any product or service offered on any GBN Web Site (each a “GBN Site/Service”, and collectively “GBN Sites/Services”) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify GBN immediately of any unauthorized use of your account or any other breach of security. GBN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GBN or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

GBN reserves the right to change the terms, conditions, and notices under which the GBN Services are offered, including but not limited to the charges associated with the use of the GBN Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the GBN Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the GBN Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the GBN Sites/Services. Without the advance express written permission of GBN, you may not ‘meta-search’ the GBN Sites/Services, send, or cause to be sent, any automated queries of any sort to the GBN Sites/Services, or use the GBN Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any GBN Sites/Services to determine how a web site “ranks” on any GBN Sites/Services.

LINKS TO THIRD PARTY SITES

The GBN Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of GBN and GBN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GBN is not responsible for webcasting or any other form of transmission received from any Linked Site nor is GBN responsible if the Linked Site is not working appropriately. GBN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GBN of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the GBN Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. GBN shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the GBN Sites/Services, you will not use the GBN Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GBN Sites/Services in any manner that could damage, disable, overburden, or impair any GBN Site/Service(s) (or the network(s) connected to any GBN Site/Service(s) or interfere with any other party's use and enjoyment of any GBN Site/Service(s). You may not attempt to gain unauthorized access to any GBN Site/Service, other accounts, computer systems or networks connected to any GBN Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the GBN Sites/Services.

USE OF SERVICES

The GBN Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which is made available through the GBN Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Use of meta tag searches on the web sites.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an GBN Site/Service(s) or other user or usage information or any portion thereof.

Cybertech has no obligation to monitor the Communication Services. However, Cybertech reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cybertech reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Cybertech reserves the right at all times to disclose any information as Cybertech deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cybertech's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Cybertech does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cybertech specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cybertech spokespersons, and their views do not necessarily reflect those of Cybertech.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CYBERTECH OR POSTED AT ANY GBN WEB SITE

Cybertech does not claim ownership of the materials you provide to Cybertech (including feedback and suggestions) or post, upload, input or submit to any GBN Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Cybertech, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all GBN Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a GBN Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Cybertech is under no obligation to post or use any Submission you may provide and Cybertech may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE GBN SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the GBN Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Cybertech Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Cybertech Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular GBN Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GBN SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE GBN SITES/SERVICES AND TO THE INFORMATION THEREIN. CYBERTECH AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GBN SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE GBN SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CYBERTECH CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE GBN SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CYBERTECH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT CYBERTECH SHALL NOT BE RESPONSIBLE FOR 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 AN GBN SITE/SERVICE. YOU SPECIFICALLY AGREE THAT CYBERTECH IS 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. YOU SPECIFICALLY AGREE THAT CYBERTECH IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN GBN SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL CYBERTECH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GBN SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE GBN SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GBN SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE GBN SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYBERTECH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GBN SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GBN SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that Cybertech may establish limits concerning use of any GBN Service offered on an GBN Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any GBN Service, the maximum number of e-mail messages that may be sent from or received by an account on any GBN Service, the maximum size of an e-mail message that may be sent from or received by an account on any GBN Service, the maximum disk space that will be allotted on Cybertech's servers on your behalf, and the maximum number of times and duration you may access any GBN Service in a given period of time.

You agree that Cybertech has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any GBN Service. You acknowledge that Cybertech reserves the right to log off accounts that are inactive for an extended period of time.

CYBERTECH MAKES NO WARRANTY THAT ANY GBN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

Cybertech reserves the right, in its sole discretion, to terminate your access to any or all GBN Sites/Services and the related services or any portion thereof at any time, without notice.

Cybertech may also terminate or suspend your access to GBN Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Cybertech. The amount of time that Cybertech currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the GBN Site/Service, your right to use the GBN Site/Service immediately ceases.

Cybertech shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

Cybertech will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Cybertech liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Cybertech's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of NY, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Nassau County, NY, U.S.A. in all disputes arising out of or relating to the use of the GBN Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cybertech as a result of this agreement or use of the GBN Sites/Services. You agree to indemnify and hold Cybertech, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the GBN Sites/Services. Cybertech reserves the right to disclose any personal information about you or your use of the GBN Sites/Services, including its contents, without your prior permission if Cybertech has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Cybertech or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Cybertech's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cybertech's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GBN Sites/Services or information provided to or gathered by Cybertech with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cybertech with respect to the GBN Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cybertech with respect to the GBN Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

Any rights not expressly granted herein are reserved.

ADDITIONAL TERMS

Subscription-Based Content

Some contents and/or services on GBN may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to Cybertech a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

To Unsubscribe from the Newsletter

Go to http://www.GayBarNewsletter.com/, and sign in, or register if you haven't yet. At the end of the pages listing your personal information, you will be presented with a check-box list of e-mail periodicals. Click the checked box beside the newsletter to clear it; this will unsubscribe you from the newsletter.

GayBarMail.com

This Terms of Use applies to the GayBarMail.com site and services. When you use the GBN web site and services you agree to abide by these Terms and any additional terms, conditions and notices appearing on the GBN web site.

Subscription-Based Content

Individual Subscriptions. Some contents and/or services on may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to Cybertech a subscription purchase request, you warrant that you are at least 18 years of age, that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. If you purchase a subscription through Cybertech, you may cancel your subscription to any fee-based content and/or services at any time within 30 days following the date of purchase to receive a full refund. You are not entitled to any refund if you cancel after the initial 30 day period. If you purchase a subscription from a source other than Cybertech, other cancellation and refund terms may apply. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

Fees; Payment

Cybertech reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. Cybertech further reserves the right to alter any and all fees from time to time, without notice. Fee Schedule; and check the Fee Schedule for any updated fee information each time you use the Services.

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

GBN Photos

In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the GBN Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on the GBN Web Site, other than a private community), and/or (c) to any person with whom you share Pictures through e-mail using the GBN Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any GBN Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such GBN Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the GBN Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture."