Gay Buffet USA ("Website") is a LGBTQ social networking site that allows members to generate profiles online in order to locate and correspond with other LGBTQ members. The service is operated by Rainbow Entertainment LLC, and the terms "Gay Buffet USA" and "Rainbow Entertainment LLC" are used interchangeably in this document. By using the Gay Buffet USA Website you agree to be bound by these Terms and Conditions (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and make use of the Gay Buffet USA services ("the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally-binding conditions for your use of the Website and your Membership in the Service. Rainbow Entertainment LLC may modify this Agreement at any time. The amendment shall be effective upon posting by Rainbow Entertainment LLC on the Gay Buffet USA Website. By using the Website you agree to be bound to any modifications to this Agreement when you use the Service after the modification is posted. This Agreement includes Gay Buffet USA's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Gay Buffet USA's Privacy Policy.
Please carefully consider the information you post on Gay Buffet USA and that you provide to other Members. Any pictures posted by you may not contain violence or offensive subject matter. Information provided by other Gay Buffet USA Members (for instance, in their Profile) may contain erroneous, inappropriate or offensive matter. Rainbow Entertainment LLC assumes neither responsibility nor liability for this material. Gay Buffet USA reserves the right, at our discretion, to repudiate, decline to post, or delete any posting or message by you. Gay Buffet USA may restrict, suspend, or cease your access to all or any part of the Website and/or Services at any occasion, for any or no grounds, with or devoid of preceding notice, and without liability.
By involving yourself in any official (Gay Buffet USA-initiated) or unofficial (Member(s)-initiated) offline Gay Buffet USA event, meeting, or encounter, you hold Gay Buffet USA unaccountable from any and all losses, damages, rights, claims, and actions of any kind. These include, without restriction, personal injuries, death, and property damage, either directly or indirectly associated to or arising from your participation in any such official or unofficial offline Gay Buffet USA event, meeting, or encounter.
Terms of Use
1) Your Exchanges.
You are solely responsible for your interactions and communication with other Members. You recognize that Gay Buffet USA does not by any means screen, check backgrounds, or verify posted information for any of its Members. Gay Buffet USA makes no guarantees as to the behavior of Members or their compatibility with other Members. Gay Buffet USA recommends that Members perform background checks on any Member with whom they choose to exchange intimate information or meet in person.
In no event shall Gay Buffet USA (Rainbow Entertainment LLC) be legally responsible for any damages whatsoever, whether direct, indirect, common, unique, compensatory, consequential, and/or incidental, arising out of or relating to the behavior of you or anyone else in association with the use of the Service, including without limitation, bodily injury, emotional harm, property damage, and/or any other damages ensuing from exchanges or assembly with other registered o nonregistered users of this Service or persons you encounter through this Service.
2) Eligibility.
Membership in the Service is void where prohibited. By using the Website and the Service, you guarantee that all registration information you present is ingenuous and correct and that you agree to uphold the precision of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Gay Buffet USA will not break any law or regulation. Your profile may be deleted without forewarning if it is found that you are a minor misrepresenting your age. Your Membership is exclusively for your individual use. You shall not consent to others using your account in any manner. You are solely accountable for all content published, posted, sent, or exhibited through your account, including any messages, and for your exchanges with other Members. If you break these terms and conditions, your profile may be deleted without notification. In such instances, no repayment for any membership dues rendered will be provided.
3) Term/Fees.
This Agreement shall remain in complete effect at any time that you use the Website and the Service, whether or not you are a basic or premium Member. You may terminate your membership at any time. Gay Buffet USA reserves the authority to terminate your membership for any grounds, effective upon notifying you at the email address you provided in your Membership application or any other email address you may consequently supply to Gay Buffet USA. By using the Service and by becoming a Member, you acknowledge that Gay Buffet USA reserves the right to charge for the Service and has the right to terminate a Member's Membership if Member should infringe on this Agreement or fail to pay for the Service as required by this Agreement.
4) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in correlation to any business activities (associated with the Member or unrelated to the Member) apart from those that are explicitly endorsed or permitted by Rainbow Entertainment LLC. Illicit and/or unauthorized use of the Website will be investigated. This includes the collection of usernames and/or email addresses of Members in order to send unsolicited messages. This also includes unauthorized posting of commercial advertisements, affiliate links, and other forms of solicitation. These postings may be removed from any location on the Website without notice and may result in termination of membership privileges. Suitable legal action will be taken by Gay Buffet USA for any illegal or unauthorized use of the Website by any Member(s) or nonmember(s).
5) Proprietary Content Rights of Gay Buffet USA.
Gay Buffet USA owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Gay Buffet USA and its licensors. Excluding information which is in the public domain or for which you have been given explicit written authorization, you may not duplicate, alter, distribute, broadcast, distribute, perform, present, or sell any such proprietary information.
6) Content Posted on the Site.
a. You concur that Gay Buffet USA may assess and remove any content, messages, blogs, forums, chat messages, photos or profiles (collectively, "Content") that in the solitary opinion of Gay Buffet USA violate this Agreement or which may be offensive or illegal. Gay Buffet USA reserves the right to delete any content that in any way harms, threatens, or violates the rights of any Member(s).
b. You are exclusively accountable for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you convey to other Members.
c. By posting any Content to the communal areas of the Website, you hereby grant to Gay Buffet USA the non-exclusive, fully paid, worldwide license to employ and present said Content on the Website.
d. The following is an incomplete list of Content that is illegal or forbidden on the Website. Gay Buffet USA reserves the right to investigate and take fitting legal action in its sole judgment against any Member(s) or nonmember(s) that do not adhere to this provision, including without restriction, eradicating the aberrant Content from the Service and terminating the membership of such infringers. Forbidden Content includes Content that:
i. Is deliberately offensive and promotes racism, intolerance, hatred or physical injury of any kind against any group or individual;
ii. Harasses or promotes harassment of another person, Member or nonmember;
iii. Involves the communication of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. Promotes information known to be false or disingenuous or promotes criminal behavior or conduct that is abusive, intimidating, obscene, libelous or defamatory;
v. Promotes an illegal or unauthorized copy of another person's copyrighted work in any manner or occasion
vi. Contains restricted or password-only access pages or concealed pages or images (those not linked to or from another accessible page);
vii. Provides material that exploits minors under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 years of age;
viii. Provides instructional information about any illegal or prohibited activities;
ix. Solicits passwords or private identifying information for commercial or illegal purposes from other users; or
x. Involves business activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must utilize the Service in an approach consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not spread any chain letters or junk email to other Members. Although Gay Buffet USA cannot supervise the conduct of its Members off of the Website, it is also a infringement of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Gay Buffet USA reserves the right to limit the number of emails that a Member may send to other Members in any 24-hour period to a quantity that Gay Buffet USA considers suitable in its lone discretion.
g. You may not cover, obliterate, or obscure any advertisements on your individual profile page, or any Gay Buffet USA page using any means.
h. Any automated use of the Website or Service is prohibited.
i. You may not endeavor to pose as another Member or as any person who is not a member of Gay Buffet USA.
j. You may not use the account, username, or password of another Member at any time nor may you divulge your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise reassign your profile.
7) Copyright Policy.
You may not post, dispense, or duplicate in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Gay Buffet USA to cease membership privileges of any member who continually infringes copyright upon notification to Gay Buffet USA by the copyright owner or the copyright owner's legal agent.
8) Member Disputes.
You are exclusively answerable for your contacts, messages, and relations with other Gay Buffet USA Members. Gay Buffet USA reserves the authority, but has no requirement, to observe, supervise, and monitor disputes between you and other Members.
9) Disclaimers.
Gay Buffet USA is not liable for any incorrect or inaccurate substance posted on the Website or in correlation with the Service provided, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. Gay Buffet USA is not responsible for the behavior, whether online or offline, of any user of the Website or Member of the Service. Gay Buffet USA assumes no accountability for any error, oversight, disruption, erasure, deficiency, hindrance in operation or transmission, communications line malfunction, theft or destruction or unauthorized access to, or revision of, any user or Member communication. Gay Buffet USA is not responsible for any problems or technical failures of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in relationship to the Website and/or in connection with the Service. Under no conditions shall Gay Buffet USA be liable for any fathomable loss or damage, including personal injury or death, ensuing from use of the Website or the Service or from any Content posted on the Website or broadcasted to Members, or any relations between users of the Website, whether online or offline. The Website and the Service are provided "As-Is" and Gay Buffet USA expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Gay Buffet USA cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Service interruptions may occur at times, and Gay Buffet USA is not responsible for reimbursement of the fraction of a Member’s membership that may have proven unusable.
10) Indemnity.
You agree to indemnify and hold Gay Buffet USA, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
