Terms of Service

Terms & Conditions

theGayGadfly, LLC (“we” and “us”) owns and operates theQueerdb.com (hereinafter referred to as the “Website”) and established these Terms of Use, Provisions and Conditions. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and theGayGadfly, LLC, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. 

When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our repeat copyright infringer policy and our privacy policy. Such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service.

THEGAYGADFLY, LLC DOES NOT PERFORM CRIMINAL BACKGROUND OR SEX OFFENDER CHECKS ON ANY CONTENT CREATOR, SUBSCRIBER OR PROSPECTIVE SUBSCRIBER, PUBLISHER, OR THIRD PARTY. You are encouraged to use common sense when interacting with any individual located through this Website. theGayGadfly, LLC is not responsible for activities, claims, or losses that result from meeting individuals identified through the Website.

Access

  1. By accessing the Website, you certify that all of the following are true:
  • you are at least 18 years of age or the age of majority under the laws of your state, province or country; and
  • you know and understand that the materials presented at and/or downloadable from the Website include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these Terms of Services you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing; and
  • you will use the Website solely for personal and non-commercial purposes; and
  • you will not download, copy or distribute any part of the Website for any commercial purpose; and
  • you will not alter, delete, add, change or edit any of these Terms of Services, and any such attempted alteration shall be void and of no effect.

Registration Data; Account Security

  1. In consideration of Your use of this Website, You agree to (a) provide accurate, current and complete information about You as may be prompted by any registration forms on the Website (“Registration Information”); (b) maintain the security of Your password and account credentials; (c) maintain and promptly update the Registration Information, and any other information You provide to theGayGadfly, LLC, to keep it accurate, current, and complete; and (d) be fully responsible for all use of Your account and for any actions that take place using Your account. Account credentials may not be used by more than one Subscriber. In the event a Subscriber is found to have shared account credentials with another person, the Subscriber’s account may be terminated for breach of this Agreement. theGayGadfly, LLC reserves the right to suspend or terminate Your access to this Website at any time for any violation of these TOU.

Intellectual Property Rights

  1. The Website, except all user Submissions (as defined below), including without limitation, all content, media and materials, all theGayGadfly, LLC software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively (“Content”) and the trademarks, service marks and logos whether or not registered contained therein (“Marks”), are owned by or licensed by theGayGadfly, LLC and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of the respective owners.

User Submissions

  1. We allow our users to upload profile and background images for hosting, sharing, and/or publishing of such submissions (“Submissions”) to their profile page. NO ADULT CONTENT IS ALLOWED HERE. These images should not contain nudity or be considered offensive. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that:
  • you have the written consent, release, and/or permission of each and every identifiable person in the Submission to use the name or likeness of each individual for use in your Submissions in the manner contemplated by these terms of service; and
  • your Submission is compliant with all laws, including, but not limited to, 18 U.S.C. § 2257 and 28 C.F.R 75; and
  • you retain all of your ownership rights in your Submissions. However, by submitting the material to us, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, promote, exhibit, prepare derivative works of, publicly display, and publicly perform the Submission in connection with the Website; and
  • the posting of your Submission on or through the Website does not violate whether directly or indirectly the privacy rights, publicity rights, copyrights, trademark rights, trade secret rights, contract rights or any other rights of any person or entity; and
  • if anyone brings a claim against us related to your actions, uploaded content, or information, you will indemnify and hold theGayGadfly, LLC and its affiliates, officers, agents, and employees harmless from any claim, suit or action arising from or related to the use of the Services or violation of these Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. 
  • you acknowledge that you, not theGayGadfly, LLC, are responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload; and
  • you have paid or shall pay any and all residuals, reuse and other fees, compensation or payments of any kind, however denominated, which are due or may become due in relation with your Submissions.
  1. Content on the Website is provided to you AS IS for your information and personal use only. You further agree that you will not:
  • submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant theGayGadfly, LLC all of the license rights granted herein; and
  • allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including member Submissions, without our express prior written consent; and
  • publish falsehoods or misrepresentations that could damage theGayGadfly, LLC or any third party; and
  • submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; and
  • submit material depicting or implying rape, forced sexual acts, bestiality, death, or use of controlled substances (implied, staged, simulated, artificial or cartoon/drawn/art); and
  • submit material depicting violence or abuse (actual harm to another living thing); and
  • submit material that depicts or promotes incest; and
  • submit material that depicts or promotes coprophilia, also known as “fecophilia” or “scat”; and
  • use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Website, unless you are expressly authorized in writing to do so by us; and
  • use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser;
  • collect or harvest any personally identifiable information, including account names, from the Website; and
  • solicit, for commercial purposes, any users of the Website with respect to their Submissions; and
  • post advertisements or solicitations of business; and
  • impersonate another person.
  1. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. theGayGadfly, LLC does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly remove content if properly notified of infringements on third parties’ intellectual property rights. Repeat copyright infringers will have their user access to the Website terminated. Read about our repeat infringers policy here.
  1. If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may submit a takedown request with this form containing the following information:
  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; and
  • a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); and
  • information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail; and
  • a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner’s behalf.
  1. You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid. Please note that we regularly provide your name, contact information, as well as the contents of your takedown request to the person who posted the content you are reporting. In the case that you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question.

Counter-Notification Process

  1. When a user’s video submission has been removed, the Website shall notify the user of this removal, including by providing the contact information of the person or entity sending the takedown request.
  1. Pursuant to the Website’s repeat infringer policy, the user then has five (5) days to submit a counter-notification to the Website, explaining why the original takedown notice was sent in error. The counter-notification may be sent to the theGayGadfly, LLC email address from which the user originally received the forwarded takedown request (support@gadygadfly.com).
  1. For the Website to consider a user’s counter-notification, it must include the following:
  • A physical or electronic signature of the user; and
  • Identification of the material that has been removed by providing one or more URLs where the material was previously available; and
  • A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The user’s name, address, and telephone number; and.
  • A statement that the user consents to the jurisdiction of the federal District Court for the judicial district in which the user is located, or if the user’s address is outside of the United States, for any judicial district in which the Website may be found; and
  • A statement that the user will accept service of process from the person who sent the notice of alleged infringement or an agent of such person.
  • Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.
  1. Please note that we will send any complete counter-notifications we receive to the person who submitted the original takedown request. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials. Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.
  1. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that theGayGadfly, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against theGayGadfly, LLC with respect thereto, and agree to indemnify and hold theGayGadfly, LLC and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Warranty Disclaimer

  1. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEGAYGADFLY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THEGAYGADFLY, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
  • SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
  1. THEGAYGADFLY, LLC PROVIDES ITS SERVICES “AS IS” AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND theGayGadfly, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

  1. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THEGAYGADFLY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
  1. IN NO EVENT SHALL THEGAYGADFLY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
  • BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEGAYGADFLY, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THEGAYGADFLY, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  • IN ALL CASES, THEGAYGADFLY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Notices to theGayGadfly, LLC

  1. General inquiries regarding theGayGadfly, LLC website and services may be made by using this online form.
  1. theGayGadfly, LLC respects the intellectual property rights of third parties. If you wish to send a copyright infringement notice, please use our procedures and submit a takedown request with this form. Failure to use theGayGadfly, LLC’ online form for alleged copyright violations may delay our review.
  1. Contact for other content-related issues, such as reporting inappropriate content can be made here.
  1. It is important to use the right form or contact method as failing to do so could slow down your request or even cause it to be left unnoticed.

VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

  1. You agree that the Terms of Service, your use of the Website, as well as any claim relating to, arising out of, or in connection with the Terms of Service and your use of the Website, shall be governed by the laws of the state of California without regard to conflict of law provisions.
  1. You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with [insert arbitration company].
  1. If the dispute cannot be resolved by amicable consultations under section 8b, it shall be submitted by either party to the [Arbitration Court] 
  1. Arbitral disputes under Section 8c shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by [insert arbitration company]. The resulting arbitral award shall be final and binding on the parties.
  1. The seat of the arbitration under Section 8d shall be Los Angeles, California. The proceedings shall take place in Los Angeles, California, and the language of arbitration shall be English.

General

  1. These terms of service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and theGayGadfly, LLC. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and theGayGadfly, LLC’ failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.
  1. We reserve the right to amend these terms at any time and for any reason, without advance notice to you. Although we may attempt to notify you when major changes are made to these Terms of Service, you are advised to periodically review the most up-to-date version of these terms on this page, so that you are aware of any changes. Once we make the new terms available, these changes become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by the changes. Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.

Other

  1. The word teen is used to describe young adults of age 18 to 20 years. We shall delete quickly any content featuring persons under the age of 18, upon receiving an explicit and documented notice.
  2. “Stars” have registered with theGayGadfly, LLC and have been granted authority to use the Service to publish photographs and videos and to use other services and features associated with a Content Creator account. Stars are required to separately register, and provide specific information required by theGayGadfly, LLC. theGayGadfly, LLC reserves the right to require agreement to additional terms and provisions by Stars before acceptance. Stars are not agents or employees of theGayGadfly, LLC however theGayGadfly, LLC maints a unique relationship with said Stars where the Website agrees to assist in providing legal and mental health services. 
  1. Subscriber’s correspondence and/or dealings (business or otherwise) with the Stars found on or through this Website are solely between the Subscriber and such Star. theGayGadfly, LLC shall not be responsible or liable for loss or damage of any sort whatsoever incurred by You or any third party as the result of such dealings or as the result of the advertisements placed on the Website.
  1. You may not copy, reproduce, republish, transmit, disseminate, reverse engineer, reverse assemble, sell, or distribute in any way any material from this Website, including, without limitation, photographs, video, code, and software.  You may in certain instances be permitted to upload information, photographs, and/or video to this Website subject to the express conditions hereof.

Void Where Prohibited

  1. Portions of this Website are fee or subscription based.  Subscription in the Service and use of this Website is void where prohibited. 

Information Related to Minors

  1. theGayGadfly, LLC will not allow the publishing of any information relating to individuals under the age of eighteen (18) years.  theGayGadfly, LLC will not knowingly collect information, personal or otherwise, from individuals under the age of eighteen (18) years.  
  1. By using this Website, You certify, that You are over the age of eighteen (18) years.  The United States and various foreign, federal, state, and local jurisdictions impose significant penalties upon individuals and entities who contribute to the proliferation or use of pornography related to minors.  If You seek underage material, please exist the site immediately. YOU ARE HEREBY NOTIFIED THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW, theGayGadfly, LLC WILL COOPERATE IN THE INVESTIGATION OF ANY UNLAWFUL USE OF THE SITE OR ITS SERVICES. Any suspected underage material found on this Website should be reported asacp.org or to the CyberTip Hotline; http://www.missingkids.com/cybertipline

Payment Methods

  1. Payment for the services and products, if any, purchased on this Website may be made by credit card or any payment set forth on our payment page.   Billing may be performed by a third-party payment processor. For credit card payments, you will be required to provide us with the exact billing address and telephone number that Your credit card issuer has on file for You.  You may further be required to provide us with the security code on Your credit card.  You authorize us and our agents to transact payments on Your behalf.  In the event of recurring payments, You have authorized us to automatically renew Your fee payments on a continuing basis and to charge Your credit card (or other payment means) on an ongoing basis unless and until You notify us that You wish to cancel such recurring payments.  Incorrect information may cause a delay in processing, or denial of, Your order.  We reserve the right to suspend Service to You in the event You have provided inaccurate or incomplete credit card information, or if Your payment information is out of date.

Refund Policy

  1. We believe in a satisfaction guarantee, both with the content and the site that hosts it. If you are unhappy with the content you have subscribed to, please inform the content creator and send an email to support@gaygadfly.com. If there is a technical error on the site, we will work with you directly to resolve it by contacting General-Support.

Manner of Conduct

  1. You understand that except for the specific subscription programs offered by theGayGadfly, LLC on this Website, this Website is available for Your personal, non-commercial, and educational use only.  You may not mirror any materials contained on this Website without prior written permission of theGayGadfly, LLC.  You may not use any robot, spider, or other automatic device or manual process to screen scrape, monitor, mine, or copy any of the web pages of this Website, any advertisements, any profiles, or any content hereon. 
  1. You represent, warrant, covenant, and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on this Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material.  You shall not use or distribute pirated or unauthorized User Content, photographs, products or information. Governing Law;  Severability; Entire Agreement; Statute of Limitations.
  1. THESE TERMS OF USE, PROVISIONS AND CONDITIONS AND YOUR AGREEMENT WITH THEGAYGADFLY, LLC SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.  YOU AGREE TO BE SUBJECT TO SUCH LAWS AND THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN LOS ANGELES, CA, AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS SITTING IN SUCH VENUE.  YOU HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS SITTING IN LOS ANGELES, CA.
  1. If any provision or portion thereof set forth in these TOU is found to be unlawful, void, or for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.  Such severable provision shall be construed as nearly as possible to reflect the intention of these terms of use, provisions, or conditions.
  1. This Agreement and any policies or documents incorporated into the Agreement by specific reference serves as the entire agreement between the parties and may be amended upon notice by theGayGadfly, LLC. theGayGadfly, LLC may provide notice by email, conventional mail, or by a general posting (indicated by the word “Notice”) on its web page, but is not obligated to do so.
  1. To the extent permitted by applicable law, You agree that, by using this Website, regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of, in connection with, or relating to, Your use of this Website and/or these Terms and Conditions must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

Indemnity

  1. You shall indemnify, defend, and hold harmless theGayGadfly, LLC and its affiliates and their respective  shareholders, directors, attorneys, members, managers, officers, employees and agents and their respective successors and/or assigns from and against any and all losses, liabilities, claims, suits, damages, judgments, fines, penalties, violations, actions, causes of action, proceedings, demands, costs, and expenses (including, without limitation, reasonable attorney’s fees, court costs, and disbursements) (collectively, “Claims”), arising out of, resulting from, or in connection with, Your use of this Website and/or any third party Websites and/or Your use of the products or services, if any, obtained through Your use of the Website. In any claim subject to indemnification hereunder, theGayGadfly, LLC shall control the defense (including settlement of claims). theGayGadfly, LLC shall be permitted to retain legal counsel of its choice in any claim subject to indemnification.

Ownership & Trademarks.

  1. The name “theGayGadfly, LLC, LLC” and related names and marks are service marks owned by and may not be used in connection with any third-party marks, names, products, services, or otherwise.  “theGayGadfly, LLC, LLC” is a registered trademark of theGayGadfly, LLC.  All other marks and names (including third-party product marks and names) are the property of their respective owners.

Copyrights; Use of Content

  1. All software used to operate or display this Website is the property of theGayGadfly, LLC or is licensed to theGayGadfly, LLC, and is protected by United States and international copyright laws.  The compilation, collection, selection, arrangement, assembly, and coordination of all the text, graphics, photographs, graphs, sounds, data, images, audio, and video clips available on this site except for Publisher Content is the exclusive property of theGayGadfly, LLC and protected by United States and international copyright laws.  © 2018 by theGayGadfly, LLC, LLC.; ALL RIGHTS RESERVED. We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to Our Members.

Links and Linking

  1. Some websites which are linked to the Website are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse them, and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
  1. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If You decide to access any such third-party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein. You further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement.
  1. Links to external websites (including external websites that are framed by the Website) or inclusions of advertisements do not constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such Website, but are for Your convenience.
  1. You hereby agree to hold Us harmless from any and all damages and liability that may result from the use of links that may appear on the Website or via the Services. We reserve the right to terminate any link or linking program at any time.

Disclaimer

  1. This Website and its contents, and the links to third-party sites and their contents, are provided on a strictly “as-is” and “as-available” basis and without warranties or representations of any kind, express or implied. 
  1. To the maximum extent permitted by law, theGayGadfly, LLC specifically disclaims all representations and warranties, express, implied, or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this Website or third-party sites.  No information or advice obtained from theGayGadfly, LLC, whether written or oral, shall create any warranty from theGayGadfly, LLC.
  1. theGayGadfly, LLC expects users to take responsibility for their own actions and, accordingly, theGayGadfly, LLC does not assume any liability whatsoever for the acts of third parties or those publishing on the Website and assumes no liability whatsoever for any replies or any actions arising out of any material published on the Website.    You waive any and all claims, rights, or remedies which You otherwise might have or be able to assert against theGayGadfly, LLC under all applicable laws, rules, and regulations that arise out of or in any way relate to Publisher Content, Your use of the Website, and theGayGadfly, LLC’s response or failure to respond to any complaint You may make in connection therewith or otherwise. theGayGadfly, LLC does not warrant that the functions contained in the materials furnished on this Website or any third-party site will be uninterrupted, available, or error-free, that defects or errors will be corrected, or that this Website will be available, free from viruses or other harmful components.  theGayGadfly, LLC shall not be responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any Publisher or other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights.  Your use of this Website is strictly at Your own risk, which is voluntarily assumed. theGayGadfly, LLC shall not be responsible for any direct, indirect, consequential, special, punitive, or other damages (whether liability is asserted in contract, tort, or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of goodwill, loss of or damage to property, or claims of third parties, arising out of, in connection with, or relating to Your use of this Website or any third party site  theGayGadfly, LLC shall not be responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights.  In all events, the maximum liability of theGayGadfly, LLC to a fee-paying user, if any, shall be the amount such user paid to theGayGadfly, LLC within the immediately preceding twelve (12) month period.
  1. Should You be dissatisfied with the Website or the content hereof or a third-party site and the content thereof, Your sole and exclusive remedy is to discontinue use of this Website or such third-party site.  To the extent permitted by applicable law, the foregoing remedy shall apply even if theGayGadfly, LLC knew or should have known of the possibility of damages to You by use of the Website or a third-party site.
  1. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Force Majeure

  1. We are not responsible for any failure to perform because of unforeseen circumstances of causes beyond our reasonable control, including:
  2. Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; War, riot, arson, embargoes, acts of civil or military authority, or terrorism; Fiber cuts; Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; Failure of the telecommunications or information services infrastructure; and Hacking, SPAM, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance.

Section 230 Notice

  1. You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. § 230(d), You are hereby informed that You can research such services at websites such as: http://www.getwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing Our Website or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Website or Services from being displayed or accessed by Your children or wards.
  1. Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (as well as including third party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. In the event that any court finds that any third-party communication or third-party content on Our Website falls outside of the realm of the immunity provided by Section 230 of the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on Our Website. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.
  1. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available to Our Publishers upon request.

Violations of Terms

  1. theGayGadfly, LLC reserves the right to block Your access to this Website and terminate Your subscription, if theGayGadfly, LLC determines, in its sole discretion, that You have failed to comply with these terms of use, provisions, and conditions. This is in addition to all other remedies theGayGadfly, LLC may have at law, in equity, or otherwise.