Commercial Membership Terms and Conditions
Gaydar has been providing a safe place for men to meet for over 14 years, so we can assure you that you're in good hands. We'd like to draw your attention to our Acceptable Usage; Clause 6 of which ensures Gaydar remains a safe and enjoyable environment for everybody.
Commercial Members are reminded that they must not:
» Solicit in non-Commercial chat rooms
» Attract attention in non-Commercial chat rooms with winks and off topic posts
» Send unsolicited messages to Gaydar Guests and Members
» Leave unnecessary or persistent Tracks
» Send unsolicited messages to Guests and Members who leave Tracks
» Mislead customers with false information
» Misrepresent yourself with misleading photographs
These Membership Terms and Conditions apply where you choose to register Your business, company or enterprise as a member ("Commercial Member") of this website (the "Site"). This Site and the related Gaydar and associate URLs, and GaydarGirls are offered to you ("Your"/"You")
by CPC Connect Limited (P.O. Box 71067, London, SE1P 5FH) and its subsidiary
companies. Registered in England and Wales. Registration Number: 8449494. Registered Office: 26 Red Lion Square, London, WC1R 4AG, United Kingdom
Please read these Commercial Membership Terms and Conditions carefully before registering on the Site as a Commercial Member. If You do not agree to these Commercial Membership Terms and Conditions, then You SHOULD NOT register as a Commercial Member.
1. Acceptance of Membership Terms and Conditions
- 1.1 By clicking "Accept" to register You will be deemed to have consented to these Commercial Membership Terms and Conditions.
- 1.2 We reserve the right to change or update these Commercial Membership Terms and Conditions from time to time. Any revisions to these Commercial Membership Terms and Conditions will be notified to You the next time that You log on to the Site as a Commercial Member.
2. Description of Membership and Subscription
- 2.1 As a Commercial Member, You can post profiles on the Site to be viewed by Site users.
- 2.2 Payments can be made in UK Sterling, Euros or US Dollars. For a full description of the services offered on this Site and the subscription options for Members, please follow and consult the Benefits of Membership page.
- 2.3 Please note that any Commercial Member profile posted is subject to a minimum contractual period reflecting the duration of the membership purchased, subject to Your rights under paragraph 8.
- 2.4 Our VAT number is GB 161 247722.
3. Age of Consent
- 3.1 You must be 18 years or over to register as a Commercial Member on behalf of Your enterprise of business. If We discover or have any reason to suspect that You are not over 18 years of age, then We reserve Our right to suspend or terminate Your Commercial Membership to this Site immediately and without notice.
4. Password Commercial Member Name and Security
- 4.1 Upon registration as a Commercial Member, You will select a Password and Profile Name that You can use to access Your Commercial Member Account and Profile.
- 4.2 You are responsible for maintaining the confidentiality of Your Password and Commercial Member Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Commercial Members' area of the Site and will not be liable where Your Password or Commercial Member Name are used by someone else.
- 4.3 You agree to notify Us immediately of any unauthorised use of Your Password or Commercial Member Name or any other breach of security of which You become aware.
5. Your warranties
5.1 You warrant that:
- 5.1.1 as an individual registering Your company or enterprise, you are over 18 years of age and have authority to enter into these Commercial Membership Terms and Conditions on its behalf;
- 5.1.3 You will comply with these Commercial Membership Terms and Conditions including, without limitation, the restrictions relating to acceptable use set out at section 6 below.
- 5.2 You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from Your use and Commercial Membership including, without limitation, from any breach or suspected breach of these Commercial Membership Terms and Conditions by You or Your violation of any law or the rights of any third party or otherwise arising from or in relation to or arising from the contents of Your profile postings.
6. Acceptable Use
6.1 We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site under normal circumstances. We seek to balance this aim with Our obligations to other users of the Site and at law however. We do therefore review all profiles entered onto the Site by Commercial Members, check instant messages where certain keywords are triggered and log chatroom exchanges in order to ensure compliance with these terms, and to comply with or investigate any enforcement agency or police request or complaints. We may edit Your profiles from time to time at Our discretion where we deem them to be contrary to these Commercial Membership Terms and Conditions or otherwise inappropriate. We also require that You do not:
- 6.1.1 say or do anything that would cause annoyance, inconvenience, harassment
or needless anxiety to others;
- 6.1.2 actively solicit users of the Site in relation to Your products or services or those of third parties including by way of the distribution of 'spam' mail;
- 6.1.3 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
- 6.1.4 make insulting remarks to or about other Commercial Members or other users of the Site ("flaming");
- 6.1.5 jump in and out of Site forum rooms ("frogging");
- 6.1.6 distribute illegal, copyright infringing, indecent or offensive material
or any messages or content that may incite disorder or encourage illegal
activities or that causes or may cause harm to minors;
- 6.1.7 impersonate another person or Commercial Member or Us;
- 6.1.8 transfer files that contain viruses, trojans or other harmful programs;
- 6.1.9 use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
- 6.1.10 access or attempt to access the accounts of other Commercial Members or other Site user, or to penetrate or attempt to penetrate the Site security measures;
- 6.1.11 have more than one Commercial Member Account at any time.
- 6.1.12 solicit in non-Commercial chat rooms
- 6.1.13 attract attention in non-Commercial chat rooms with winks and off topic posts
- 6.1.14 leave unnecessary or persistent Tracks
- 6.1.15 send unsolicited messages to Guests and Members who leave Tracks
- 6.1.16 mislead customers with false information
- 6.1.17 misrepresent yourself with misleading photographs
6.2 We may take any or all of the following action at Our discretion:
- 6.2.1 remove or amend any Commercial Member posting or profile (including photographs) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal, may subject Us to liability or which may violate these Commercial Membership Terms and Conditions or where required to do so by law;
- 6.2.2 issue Commercial Members with verbal or written warnings and may take such further action as We deem appropriate under this paragraph 6.2 if such warnings are not heeded;
- 6.2.3 suspend or terminate a Commercial Member's access to the Site or a Commercial Member's Account without notice at any time;
- 6.2.4 inform the appropriate authorities and provide them with information
regarding any suspected illegal activity; or
- 6.2.5 bring legal action against a Commercial Member or other user of the Site in relation to any breach of these Commercial Membership Terms and Conditions or any illegal or suspected illegal activity.
We will determine what action is appropriate to be taken against a Commercial Member on a case by case basis.
- 6.3 You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Commercial Members without further notice to You.
- 7.1 Your Commercial Membership services commence immediately when You submit Your registration, and/for each payment for a profile posting. This means that, subject always to Your right to terminate as set out below, You will not be able to cancel the services after this point.
8.Termination of Membership
- 8.1 Subject to paragraph 8.2 below, You can terminate Your Commercial Membership at any time by notifying Us at email@example.com. You can remove or amend Your profile or posting at any time by following the "My Gaydar"/"My Account"
- 8.2 Please note that any Commercial Member payment paid by You for a profile posting is subject to the minimum contractual period reflecting the duration of the membership purchased. This means that, where You choose to terminate Your Commercial Membership or to remove Your profile or posting before the expiry of this period, You will not receive any refund in respect of this minimum contractual period.
- 8.3 No refunds will be paid by Us where Your Commercial Membership is terminated by Us as a consequence of Your breach of these Commercial Membership Terms and Conditions.
8.4 A non-recurring Membership expires automatically at the end of the last day of the period purchased (midnight UTC).
For example, if you purchase a 1 month membership some time on the 23rd of June, you will have access to all of the additional areas of the site as soon as we are notified of the successful payment. You can enjoy the additional benefits of a Membership up until 23:59:59 UTC on the 23rd of July.
8.5 In some territories and with some payment methods You can purchase a recurring Membership subscription. At the end of the Membership subscription period You will automatically be re-billed for the next subscription period. The amount that You are billed may vary between subscription periods, depending on which Membership subscription offer You purchase.
8.6 The minimum contractual period for a recurring Membership subscription is the duration of each subscription period purchased.
For example, if you purchase a 1 month recurring membership, the minimum contractual period is 1 month. If you purchase a 3 month recurring membership, the minimum contractual period is 3 months.
8.7 You can cancel a recurring Membership subscription at any time, but the cancellation is subject to the minimum contractual period. Recurring Membership cancellations must be requested by you a minimum of 3 working days, based on the UK calendar, prior to the date that the next payment is due to be taken. We cannot guarantee that cancellations done later than this will be actioned before the next payment is taken.
9. Copyright and Other Intellectual Property Rights
- 9.1 Your use of the Site grants no rights to You in relation to copyright,
trade marks or other of Our intellectual property rights or the intellectual
property rights of third parties.
- 9.2 You may not, without limitation, copy, reproduce, republish, download,
post, broadcast, record, transmit, commercially exploit, communicate to
the public, or otherwise use the content included in or provided via the
Site except for Your own personal, non-commercial use. Subject to the above,
You may download insubstantial excerpts of this content to Your hard disk
for the purpose of viewing it provided that no more than one copy of any
information is made.
10. Limitation of Liability
- 10.1 Whilst We will use all reasonable endeavours to correct any errors
or omissions as soon as practicable once they have been brought to Our attention,
We do not warrant that the Site will be available uninterrupted and in a
fully operating condition nor that the information on and provided via the
Site will be free from errors or omissions.
- 10.2 Access to this Site and its contents may be suspended temporarily and
without notice in the case of system failure, necessary maintenance or repair
or for reasons beyond Our control.
- 10.3 Save that nothing in this paragraph 10 shall restrict Your statutory rights, all content and services on this Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other users or Commercial Members. Any decision made or action taken by You including, without limitation, any contract entered into with any other person pursuant to Your use of this Site is at Your sole discretion and risk.
- 10.4 Due to the fact that many technical aspects of the Site and the content
provided herein is supplied by or otherwise dependent on third parties,
We do not give any warranty as to the accuracy, suitability, reliability,
completeness, performance, satisfactory quality, fitness for a particular
purpose, or freedom from viruses, or other harmful programs of the content
contained in or accessed through this Site.
- 10.5 We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by You or other users of the Site that is in contravention of these Commercial Membership Terms and Conditions or is not directly attributable to Our negligence. Where We are liable for direct loss this will be limited to a maximum of the total price of the Commercial Member payments paid to Us by You in the 2 months prior to the claim.
- 10.6 Nothing in these Terms and Conditions shall exclude or limit Our liability
for death or personal injury caused by Our negligence.
11. Security and Privacy
- 12.1 We shall not be liable for any failure for any suspension, or termination
of access to the Site or any content arising out of a force majeure event.
A force majeure event shall include, without limitation, failure of infrastructure,
government intervention, wars, civil commotion, hijacking, fire, flood,
accident, storm, strikes, lockouts, terrorist attacks, or industrial action
affecting Us or Our suppliers.
- 12.2 If any of these Commercial Membership Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- 12.3 These Commercial Membership Terms and Conditions shall be governed by and interpreted in accordance with the laws of England. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Complaints and Feedback
- 13.1 If You have any complaints about another Commercial Member or user of the Site or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing: firstname.lastname@example.org or writing to us at the address set out at the top of these terms.
Membership Terms and Conditions