In order to be permitted access and to make use of the website Gay.nl (referred to onwards as: “Site”), the following conditions and all applicable legal rules apply. All terms and conditions of the license agreement should be carefully checked before making use of the Site.
By accessing the Site and making use of the Site, you unconditionally agree to these terms, which at any time can be adjusted by us. â€¨
When use is made of specific services or when part is taken in contests, both Gay.eu as well as the user bound to follow any applicable guidelines and rules published by Gay.eu.
All guidelines and rules are hereby by reference in this license agreement. In case of any discrepancy between suchlike guidelines and rules and license agreement, the applicable guidelines or rules prevail. If you do not agree to these terms and conditions you may not use the service.
The below-mentioned terms have the following meanings in this License Agreement:
“Contract”: Refers to the license agreement on subject of the usage of this website.
“Information”: Refers to any material that is provided via the website.
“Gay.eu”: Refers to the website on the site Gay.eu or the legal person, that being Gay Group BV.
“Registration”: Refers to any personally identifiable information collected by Gay.eu when a user registers for a membership and/or, when a user signs up for an online contest, and/or when a user registers for any other reason.
“Service”: refers to the providing of access to the information and the authorization of usage of the profile system, the forum function GAY messenger and other services via the website (see article 2).
“User”: refers to you – i.e - the end user of the service (in this agreement, “user” can refer to both the male and the female user).
“Website”and/or “Site”: refers to the website which is to be found on the web location www.gay.eu or in case of our Dutch equivalent, www.gay.nl
2. MEMBERSHIP: REGISTRATION, USAGE, SAFETY AND PAYMENT
2.1. In order to obtain a membership, the user must go through the registration process, where he provides us with true, accurate, current and complete information about himself. In the same registration procedure, the user will choose a nickname as well as a password. The user is hereafter fully responsible for keeping the password a secret and making sure that the password consists of a strong combination. Gay.eu recommends a password that consists of both small letters, capital letters and digits. Additionally, the user is fully responsible for all activities conducted through the membership. The user aggress to (a) that he informs Gay.eu immediately if there is any unauthorized use of his membership or any other breach of security, and (b) that he logs off after every online session. Gay.eu can not be hold responsible for any loss or damage resulting from the fact that the user has failed to implement the provisions of Article 2. If the user information provided is untrue, is not current, or is incomplete or if Gay.eu has a reasonable suspicion that the provided information is untrue, is not current or is incomplete, Gay.eu then has the right to suspend or terminate the user for any current or future use of the Service. â€¨
2.2 The User acknowledges that Gay.eu can develop general practices and establish limitations regarding the use of the service including, but not limited to, the maximum number of days that messenger messages are stored, the maximum number of messenger messages that can be sent or received by a member, who is registered at Gay.eu and the maximum number of times that the user can gain access to the service in a certain period of time. The user agrees with the fact that Gay.eu cannot be hold neither responsible nor can the service be hold reliable for the deletion or failure to store any messages or other communication utterances or content which is maintained or sent via the service. Additionally, the user acknowledges that Gay.eu reserves the right to change these practices and limits at any time without prior notice.
2.3 The user acknowledges that Gay.eu can ask for payment for particular services via the user specifications and via the SMS mobile services. When required to use this service, Gay.eu will make sure to specify the exact costs. By making use of this service, the user accepts the legality of these payment(s). If payment cannot be collected or if the user subsequently protests to pay, gay.eu will reserve the right to collect payment and to deny the user further access to the service/site. â€¨
2.4. The User acknowledges that Gay.eu is allowed to send out periodic newsletters to the email address provided during the registration procedure. â€¨
2.5. The Membership on the Site gives the User the opportunity to take part in the Gay.eu community. The User can place personal photos of himself on his profile. The User is not allowed to post pictures on where he is not displayed. Nor is the User allowed to place photos on his profile on where there is copyright from another party.â€¨
3. EXCLUSIONS OF WARRENTY
3.1 The Service is provided on the basis of the principles “in the current state” and “when available” and Gay.eu does not offer any guarantees, implicitly or explicitly, regarding the service, including, but not limited to, implied warranties or conditions regarding the completeness, accuracy, adequate quality and appropriateness for a particular purpose.
3.2 The user acknowledges: (a) that it – technically seen – is impossible to offer an interference-free service and that Gay.eu isn’t required to do so; (b) that interference potentially can lead to temporarily unavailability; (c) that the results obtained by the use of the service may contain inaccuracies and typing mistakes; en (d) that the function of the service could be negatively affected by circumstances and factors on where Gay.eu has no influence, including, but not limited to television- and telecommunication connections between Gay.eu and the users, between different parts of the Gay.eu website and between Gay.eu and other systems and networks. â€¨
3.3. The user also acknowledges that specific information, for example software, is supplied via a third party which means that Gay.eu cannot offer any guarantee of any kind regarding such information. â€¨
4. LIMITATION OF LIABILITY
The User acknowledges that Gay.eu can not be hold liable on the grounds of the agreement, tort, omissions, statutory duty or any other grounds for loss or damage of any kind arising from or in any way connected to with the use or the operation of the service or any related websites, including but not limited to, damages for loss of business profits, business interruption, loss of business or in any other form of pecuniary loss (even when/if Gay.eu is brought to the attention of the possibility that such loss or damage could occur).
5. RIGHTS GRANDED / RIGHTS RESERVEDâ€¨
5.1 Gay.eu provides the service information to the user and the user may only download the information to the hard-disk of a computer. â€¨â€¨5.2 The information is not allowed to be used for purposes such as publication, reproduction nor broadcasting without a prior written permission from Gay.nl. The user also needs permission to upload and/or send material derived from the Gay.eu information. â€¨â€¨5.3 By uploading or sending material, the user gives Gay.nl an irrevocable, unconditional, worldwide and for always applicable royalty-free license to use this material or parts of it in whatever manner wished. Furthermore, the user hereby waived all so-called moral right and similar right regarding the concerning material.
6. USER CONDUCT
6.1. The user commits himself not to use this service:
(a) for any illegal doings;
(b) in any way which could cause the service any type of interruption or damage, in any way which could make the service less efficient, or in any way which could affect the functionality of the service;
(c) in order to spread, send or upload computer viruses or other types of harmful files or programmes;
(d) in order to spread, send or upload material that slanders, offends or that in any kind of way has an obscene or threatening nature, or for any other reason may cause irritation, inconvenience or anxiety;
(e) in any way that constitutes interference or makes infringe with the rights of any (legal) person (including, but not limited to, copyright or right of confidentiality);
(f) in order to spread or send out any kind of material for the purpose of publicity, promotion and/or advertising without a prior written consent from Gay.eu, unless such spreading/distribution or sending is explicitly requested by another user of the service;
(g) with the purpose to create a false identity with the intent to deceive others in subject of the identity of the sender and the origin of the message; and
(h) with the intention to distribute, send out, upload, mail, or in any other way make any unsolicited or unauthorized advertising, promotion material, “junk-mail”, “spam”, chain letters, pyramid games or any duplicative messages available;
(i) if User has not reached the legal age of at least 16 years.
6.2 Gay.eu has no control regarding the information that ends up on the website via the users and for that reason the service cannot provide any guarantee the accuracy, integrity or the quality of such information. By using the service, the user acknowledges that he may be confronted with information that is offensive, improper, obscene or detrimental. â€¨â€¨6.3. Gay.nl is not liable for any information or any damage resulting from the use of the information provided to the service (sent, emailed or otherwise distributed).
6.4 The user acknowledges that the information sent and spread by users of the service is not controlled nor is it viewed in advanced by the Gay.eu team. However, Gay.eu does have the right (but not obliged) to change or delete information that is available via the service. â€¨â€¨
7. SPAM/HARVESTâ€¨â€¨7.1 Usage of the service as well as usage of the information on the Site is solely permitted with the attention to communicate and discuss with other users on the site, which means that the nature of the communication cannot serve any commercial purposes. Under no circumstances is it allowed to use the personal data for any other purpose. Among things that are forbidden:
a) (Unsolicited) initiating any form of commercial communication by e-mail, fax, SMS, MMS, mail, via the Gay.eu messenger, via the Gay.eu forum, on the user’s profile or otherwise with users, at least directly or indirectly of goods, services, or image of a company, organization or person, regardless of whether such products/services (indirectly) seems relevant to the nature of the service or a possible interest of the user;
b) any other form of unsolicited communication;
c) collecting the email addresses of other users in order to serve whatever purpose. â€¨â€¨7.2 If the user (partially) contravenes this article, user forfeits - without further warning or notice and without any judicial intervening – an immediately payable fine of €500, - (five hundred euro) per incident. The sending of a not permissible expression to a user counts as one incident.
8.1 The user commits to - in case of a pretension, claim or reclamation towards another user as a consequence of the use of the service of Gay.nl – pursue the realization of such pretension, claim or reclamation independently of Gay.eu and without liability towards Gay.nl.
8.2 The user shall under every circumstances keep Gay.eu indemnified and safeguard the site against all claims, pretences, demands, compensation, costs and expenses, including legal expenses which could arise from a breach of this agreement or any other use of the service. â€¨â€¨8.3 The user acknowledges that Gay.eu expresses no control over the nature of the content of information or the program that is sent or received by the user who makes use of the service and that Gay.eu in no way considers in which way the user uses the service. â€¨
8.4 The user consents to fully reimburse Gay.eu in regards to all claims and legal procedures many by any other person again Gay.eu as a result of using the service of Gay.eu by the user.
9. INTELLECTUAL PROPERTY
The user acknowledges that all copyright, trademarks and other intellectual property rights that are part of the service, or that are part of Gay.eu’s present or future possession will remain property of Gay.eu or its licensors.
10. SUSPENSION AND TERMINATION
Gay.eu has the right to terminate this agreement immediately and/or to prorogue the service if the user violates these terms and conditions. â€¨
In article 10 it is described how Gay.eu handles registration information. Gay.eu collects the following registration information: the name of the user, his last name, email address and date of birth. That together with gender and postcode. If the user uses the profile system (see Article 2), he also agrees with to with the terms and conditions applicable in respect of the service, and he also agrees that Gay.eu will be collecting registration information and potentially also additional information.
How we collect and use your personal information
We collect your information in different ways. First, we collect the information, which you provide us with yourself (for example when you fill out information about yourself, when you sign up, take part in a contest or promotional action or when you make use of the profile system (see Article 2)). Generally, the information you provide us with is used to process orders or applications, to let you participate in contests or promotions, or to let you use the profile system (if you have indicated to have interest herein) in order to find out what your personal preferences are and thereby link products and services that could correspond to these preferences. In addition, we use the information for purposes for interacting with us (as described as above). With your permission, we (and, where appropriate, our partners or other trusted third parties) use your information for marketing activities, market research analysis and related purposes. It is up to you to decide to what extent you give us permission to make use of your information for these purposes.
Under such purposes includes for example:
(a) Communicating via email and by mobile (via SMS messages or, in case of having a mobile with EMS- or MMS messaging or similar technologies), or by post, containing information, offers, newsletters for which you have registered and any other material of which you might have interest in.
(b) The provision of your information to trusted partners and third parties for the same purposes as described above. In case that these parties are established in a non-European country, where less stringent laws and rules regarding protection of your privacy apply, we will inform you on this in advance, in order for you to either allow or deny the use of your information.
(c) The making of market research by for instance to ask you to participate in a study on a current topic or certain themes that are carried out by either us or trusted partners or third parties. Before partaking in a research, the user shall always be kept notified about what is going to happen to the information user provides for the research.
(d) Making it possible for us or a third party that works on our behalf to analyse your information, where the issue does not regard identifying the user, but to obtain statistics, so that we can determine trends regarding the use of our sites and thereby improving these trends on the basis on the statistical information.
Automatically collected information
Apart from the information we collect about you as described in the above-mentioned paragraph, we also collect, like many other websites, by using so-called zgn cookies. With help from cookies we collect information, amongst others, the following information:
[log in information; email address; password; Internet Protocol (IP)-address that was used to connect your computer to the internet; the typer of browser; the operating system and the platform used in order to make connection; cookie number; The parts of the site you have visited and when; the Uniform Resource Locators (URLs) of sites through which you visited our site and via what page you left our site, including time and date]. In most browsers you can click Help in the toolbar for information to consult how to change settings on your computer, for example, to set that you receive a message every time you receive a cookie, or that all cookies are refused. However, if you reject all cookies, some parts of our site may not work.
Adverts from an advertising company can occur when using the service. This company may use information regarding your visit to the site in order to display any kind of adds concerning products or services that could be of interest for you. For the proffer of such advertisements on our website, the concerning company can send a unique cookie to your browser.
Change or delete your information
Via the menu ‘My Account’ and ‘My Profile’, you can change or delete the personal information you have provided us with – this menu is placed under the logo once you have logged in.
In case of wanting to pass on changes such as personal info, or questions or comments regarding privacy issues related to transfer, you can always send the helpdesk a message (helpdesk @ gay.nl)
Gay Group BV reserves the right to provide herself access to your personal information and to make them public in order to comply with applicable laws and regulations, in order to respond to legitimate requests from governments, organizations per individuals engaged in law enforcement or parties whose request we consider to be justifiable in relation to any allegations by any party regarding abuse of the service.
We have taken measures to ensure the security of your personal information by, amongst other measures, having limited the number of people who have physical access to our database servers, and by using electronic security systems and access code in order to prevent unauthorized access to the information itself. â€¨â€¨Transferral
In the unlikely event of selling our business – whole or partly – to another party, or otherwise getting rid of it, we reverse the right to pass on your information to the new owner(s) as a part of the company assets.
We strive to inform any policy changes that have substantially affect on the way we use your information. However, we encourage users to adopt a responsible way to deal with their privacy. Therefore, check the policy regularly for any changes in order to adjust to their preferences. â€¨â€¨
12. AMENDMENTS OF THE SERVICE’S TERMS AND CONDITIONS
Gay.eu reserves the right to change the user agreement from time to time, by adjusting the articles of this file. When the user continues to use the service after being notified of such adjustments, it shall be considered that he agrees with the corresponding adjustment(s). It is of the responsibility of the user to read this file regularly to determine whether the conditions or provisions of this agreement have changed. If the user does not wish to agree with the alternated conditions or provisions of this agreement, the usage of the site/service shall be stopped immediately and the membership on the site shall be annulled. Gay.eu reserves the right to change the service from time to time to update or otherwise adapt.
Any provision of this agreement that excludes or limits liability - should be interpreted separately – applies even if for any reason one or more of these provisions should be considered either inapplicable or unenforceable in certain circumstances, shall remain in force despite termination of this agreement. â€¨
No waiver of Gay.eu shall be interpreted by as a waiver regarding a prior or following infringement.
15. APPLICABLE LAW:
The agreement is governed by Dutch law and the parties hereby irrevocably submit to the exclusive jurisdiction of the Dutch courts.