Terms and Conditions of Use
TSAGN.com (our "Site"), provides a fun way for you to interact with
other men around the world, a way for men to meet each other, the
opportunity to view and rate how others look as well as various
other services (our Site and such services, collectively, our
"Service"). Your use of our Service is subject to the following
Terms and Conditions of Use (these "Terms"). WE RESERVE THE RIGHT TO
MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF OUR
SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY,
YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
1.
USER CONDUCT
A. In your use of our Service, you agree to act responsibly in a
manner demonstrating the exercise of good judgment. For example and
without limitation, you agree not to: (a) violate any applicable law
or regulation, (b) infringe the rights of any third party, including
without limitation, intellectual property, privacy, publicity or
contractual rights, (c) use the information available through our
Service for any unauthorized purpose, (d) interfere with or damage
our Service, including, without limitation, through the use of
viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or
technology, (e) use our Service to transmit, distribute, post or
submit any information concerning any other person or entity,
including without limitation, photographs of others, personal
contact information or credit, debit, calling card or account
numbers, (f) use our Service in connection with the distribution of
unsolicited commercial email ("Spam") or advertisements, (g) "stalk"
or harass any other user of our Service, (h) collect or store any
information about any other user other than in the course of the
permitted use of our Service, (i) use our Service for any commercial
purpose whatsoever or (j) assist any third party in doing any of the
foregoing. B. You are solely responsible for your interactions with
other users of our Service. We will not be responsible for any
damage or harm resulting from your interactions with other users of
our Service. We reserve the right, but have no obligation, to
monitor interactions between you and other users of our Service and
take any other action in good faith to restrict access to or the
availability of any material that we or another user of our Service
may consider to be obscene, lewd, lascivious, filthy, excessively
violent, harassing or otherwise objectionable.
2. PRIVACY
We understand the concerns that you may have about your privacy and
respect your right to protect your personal information while
online. However, our Service is designed to allow users to post
photographs and information about themselves for public review and
comment. Accordingly, by submitting your photograph and/or any
personal information, you thereby waive any privacy expectations you
have with respect to our use of your likeness or personal
information provided to us. If you do not wish to have your picture
or information about yourself viewed by or disclosed to others, do
not use our Service. We may collect certain other personal
information from you that we do not post on our Site. In most cases,
we do not intentionally transfer this information to unaffiliated
third parties without your consent. However, we reserve the right to
transfer such information without your consent to prevent an
emergency, to protect or enforce our rights, to protect or enforce
the rights of a third party or in response to a court order or
subpoena as otherwise required or permitted by law. In addition, we
provide this personal information to third-party service providers
who help us maintain our Service and deliver information and
services to you and other users of our Service.
3. USER CONTENT
A. By submitting any content (including without limitation, your
photograph) to our Site, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free right and license to use, reproduce,
display, perform, adapt, modify, distribute, have distributed and
promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose. B.
You are solely responsible for any content that you submit, post or
transmit via our Service. You agree not to post or submit any
content that: (a) is libelous, defamatory or slanderous, (b)
contains sexually explicit content (including nudity), (c) may
denigrate any ethnic, racial, sexual or religious group by
stereotypical depiction or otherwise, (d) exploits images or the
likeness of individuals under 18 years of age, (e) encourages or
otherwise depicts glamorized drug use (including alcohol and
cigarettes), (f) makes use of offensive language or images, (g)
characterizes violence as acceptable, glamorous or desirable, or (h)
contains any of your personal contact information other than your
email address. C. We have no obligation to post any content that you
or anyone else submits. In addition, we may, in our sole and
unfettered discretion, edit, remove or delete any content that you
post or submit.
4. THIRD PARTY CONTENT
In your use of our Service, you may access content from third
parties ("Third Party Content"), either via our Service or through
links to third party web sites. We do not control Third Party
Content and make no representations or warranties about it. You
agree that by using our Service, you may be exposed to Third Party
Content that is false, offensive, indecent or otherwise
objectionable. Under no circumstances will we be liable in any way
for any Third Party Content, including, without limitation, any
errors or omissions in any Third Party Content or any loss or damage
of any kind incurred as a result of the use of any Third Party
Content posted, stored or transmitted via our Service. You agree
that you must evaluate, and bear all risks associated with, Third
Party Content, including without limitation, profiles of other users
of our Service.
5. PROPRIETARY RIGHTS
A. You agree that all content
and materials available on our Site are protected by rights of
publicity, copyright, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. Except as expressly
authorized by us, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from
materials or content available on our Site. Notwithstanding the
above, you may use the content and materials on our Site in the
course of your normal, personal, non-commercial use of our Service.
B. You agree not to systematically retrieve data or other content or
any materials from our Site to create or compile, directly or
indirectly, a collection, compilation, database, directory or the
like, whether by manual methods, through the use of "bots" or
otherwise. You agree not to use of any of our trademarks as metatags
on other web sites. You agree not to display any of our Site in a
frame (or any of our content via in-line links) without our express
written permission, which may be requested by contacting us at
copyright@tsagn.com. You may, however, establish ordinary links to
the homepage of our Site without our written permission.
6. USERNAME
AND PASSWORD
You will select a
username and password when completing the registration process. You
are solely and fully responsible for maintaining the confidentiality
of your username and password, and are solely and fully responsible
for all activities that occur under your username and password. You
agree to: (a) immediately notify us of any unauthorized use of your
username and password or any other breach of security and (b) ensure
that you log off from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section.
7. TERMINATION
You agree that we, in our sole and unfettered discretion, may
terminate your access to our Service for any reason, including,
without limitation, your breach of these Terms. You agree that any
termination of your access to our Service may be effected without
prior notice, and acknowledge and agree that we may immediately
deactivate or delete any of your accounts and all related
information and files in such accounts and/or bar any further access
to such files or our Service. Further, you agree that we will not be
liable to you or any third party for any termination of your access
to our Service.
8. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue,
temporarily or permanently, any portion of our Service with or
without prior notice. You agree that we will not be liable to you or
to any third party for any modification or discontinuance of our
Service.
9. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the
full power and authority to enter into and perform under these
Terms, (b) your use of our Service will not infringe the copyright,
trademark, right of publicity or any other legal right of any third
party, (c) you will comply with all applicable laws in using our
Service and in engaging in all other activities arising from,
relating to or connected with these Terms, including, without
limitation, contacting other users of our Service and (d) you own or
otherwise have all rights necessary to license the content you
submit and that the posting and use of your content by us will not
infringe or violate the rights of any third party.
10. DISCLAIMER OF
WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL
MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY
OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS,
(E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED
TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE
CORRECTED. C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE
OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK.
YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN
CONNECTION WITH SUCH ACTIONS. D. NO DATA, INFORMATION OR ADVICE
OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM
OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS.
11. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED
WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF
REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR
OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C)
DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT,
(D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR
OTHER THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING
FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS. B.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER
THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES
BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES,
GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS,
HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS
OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. C. IN NO EVENT
WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER
ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE
TERMS EXCEED THE SUM OF TWENTY (£20) POUNDS. D. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT
APPLY TO YOU.
12. INDEMNITY
You agree to defend, indemnify and hold us harmless from any claim,
demand, action, damage, loss, cost or expense, including without
limitation, reasonable attorneys’ fees, incurred in connection with
any suit or proceeding brought against us arising out of your use of
our Service or alleging facts or circumstances that could constitute
a breach of any provision of these Terms by you. If you are
obligated to indemnify us, we will have the right, in our sole and
unfettered discretion, to control any action or proceeding and
determine whether we wish to settle it, and if so, on what terms.
It is your responsibility to check these terms and conditions each
time you access this web site. |