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

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

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

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

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.

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.

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.

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.

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

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.

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).

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.

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.

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

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.

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

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).

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

General inquiries regarding theGayGadfly, LLC website and services may be made by using this online form.

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.

Contact for other content-related issues, such as reporting inappropriate content can be made here.

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

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.

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].

If the dispute cannot be resolved by amicable consultations under section 8b, it shall be submitted by either party to the [Arbitration Court]

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.

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

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.

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

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.
“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.

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.

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

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

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.

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

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

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

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.

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.

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.

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.

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.

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

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.

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

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

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.

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.

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.

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

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.

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.

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.

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.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances of causes beyond our reasonable control, including:
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

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.

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.

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

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.

and

Privacy Policy

PRIVACY NOTICE

Last updated October 22, 2020

Thank you for choosing to be part of our community at theGayGadfly, LLC, doing business as theQueerdb (“theQueerdb“, “we“, “us“, “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at support@thequeerdb.com.

When you visit our website thequeerdb.com (the “Website“), and more generally, use any of our services (the “Services“, which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. DO WE COLLECT INFORMATION FROM MINORS?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. CONTROLS FOR DO-NOT-TRACK FEATURES

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12. DO WE MAKE UPDATES TO THIS NOTICE?

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact or authentication data; billing addresses; contact preferences; astrological sign; and other similar information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Authorize.net. You may find their privacy notice link(s) here: https://www.authorize.net/about-us/privacy.html.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at support@thequeerdb.com and be sure to include your name, testimonial location, and contact information.
Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website
Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.\
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose. We
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. We
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Website) or otherwise interact with public areas of the Website, such personal information may be viewed by all users and may be publicly made available outside the Website in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Website, and view your profile.

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short: We only share information with the following third parties.

We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?“.

Cloud Computing Services

Google Cloud Platform

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than twelve (12) months past the termination of the user’s account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@thequeerdb.com.

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at support@thequeerdb.com.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

Access your account settings and update your preferences.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name	NO
B. Personal information categories listed in the California Customer Records statute	Name, contact information, education, employment, employment history and financial information	YES
C. Protected classification characteristics under California or federal law	Gender and date of birth	NO
D. Commercial information	Transaction information, purchase history, financial details and payment information	NO
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements	YES
G. Geolocation data	Device location	NO
H. Audio, electronic, visual, thermal, olfactory, or similar information	Images and audio, video or call recordings created in connection with our business activities	NO
I. Professional or employment-related information	Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from other personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	NO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

theGayGadfly, LLC dba theQueerdb collects and shares your personal information through:

Targeting cookies/Marketing cookies
Social media cookies
Beacons/Pixels/Tags

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at support@thequeerdb.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

The current list of our service providers can be found in below.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.

theGayGadfly, LLC dba theQueerdb has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under “WHO WILL YOUR INFORMATION BE SHARED WITH?“.

Your rights with respect to your personal data

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

you may object to the processing of your personal data
you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA. We
you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at support@thequeerdb.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at support@thequeerdb.com or by post to:

theGayGadfly, LLC

dba theQueerdb

515 S Flower Street

18th Floor

Los Angeles, CA 90071

United States

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: thequeerdb.com. We will respond to your request within 30 days.

This privacy policy was created using Termly’s Privacy Policy Generator.

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