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2. The Terms of Service set out here, apply to all users of the itsallgay Website. The itsallgay Website may contain links to third party websites that are not owned or controlled in any way whatsoever by itsallgay. In addition, itsallgay will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve itsallgay from any and all liability arising from your use of any third-party website. Accordingly, itsallgay encourages the User to be aware and to have read the terms of service and privacy policy of each other website that you visit.
3. The content of this Website, excluding anything submitted by users , including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to itsallgay, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
4. itsallgay hereby grants you permission to use the Website as set out in these Terms of Service and Privacy Policy http://itsallgay.com/privacy provided that:
(i) You are not less than 18 years of age;
(ii) The Website as permitted is exclusively for your personal use, and is not for your commercial use;
(iii) You will not copy or distribute any part of the Website in any medium without itsallgay's prior written authorisation;
(iv) You do not alter the Website in whole or in part in any way whatsoever;
5. You acknowledge and agree that any discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos, opinions, advice, statements, services, offers or other user and member generated content on the Website are those of their respective authors who are solely liable for their content. itsallgay and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any content submitted to or posted on the Website, at anytime and without any further notice to you.
6. itsallgay's only obligation concerns responding to certain content, which has been brought to itsallgay's attention.
7. As a supplier of content to the Website, including but not limited to the user's Content, videos, photographs, comments, or articles, you are required to comply with any laws and regulations in force. You are responsible for ensuring your Content:
(a) does not violate the intellectual property rights of third parties (including video clips, photographs, television shows, animated and unanimated short, medium and/or feature-length films, and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties who hold the rights to the aforesaid);
(b) does not cause personal injury (including defamation, insults, abuse, etc.) or constitute an invasion of privacy;
(c) is not contrary to public policy, child protection and privacy laws, or accepted moral standards;
(d) contains no child pornography, dangerous or illegal acts (including, but not limited to, incitement to violence, animal abuse or drug abuse);
(f) is not per se illegal;
(g) does not contain or constitute unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) does not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites
(j) does not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to 219 of the Immigration and Nationality Act.
8. by uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorisation/s from the copyright owner/s.
9. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable content of any kind, including but not limited to, any content which encourages conduct that would constitute a criminal offense, violate the copyrights, trademarks, services marks or similar intellectual property rights or other rights, including invasion of privacy or rights of publicity, of others. To be clear, itsallgay neither wants nor tolerates such content. If your Content contains such material, do not upload it to this Website.
10. Failure to comply with these provisions will result in your Content being removed and/or your account being deactivated without prior notice. In addition, itsallgay reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and/or imprisonment), in addition to any applicable civil damages.
11. In order to access some of the features of the Website, you will have to create an account. itsallgay does not authorise a you to use another users account at anytime.to create a user account with us you must provide accurate and complete information in relation to the creation of a user account. You are solely responsible for any and all activities that occur on your account with us; You are advised to secure your password at all times. You must notify itsallgay immediately of any breach of security or unauthorised use of your user account.
12. You are responsible for all Content you submit through your user account with us and you agree to maintain a copy of what you submit as we cannot be responsible for any corruption, deletion of the Content.
13. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the itsallgay servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, itsallgay grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. itsallgay reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their submissions.
14. itsallgay is under no legal obligation to monitor your or any other Content transmitted via or stored on the Website by you or other users. Although itsallgay and its affiliates may, from time to time, monitor, review and/or delete discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos and other user and member generated content on the Website, neither itsallgay nor its affiliates is under any obligation to do so.
15. itsallgay and it's affiliates are not liable for your Content; you accept any and all responsibility for your respective Content.
16. The itsallgay Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, itsallgay does not guarantee any confidentiality with respect to any User Submissions.
17. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
18. In connection with User Submissions, you affirm, represent, and/or warrant without reservation or qualification that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize itsallgay to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
(ii) The User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
(iii) For clarity in relation to term 14(ii), the User retains all of his or hers ownership rights in the User Submission's submitted by the User. However, by submitting the User Submissions to itsallgay, the User as a result grants itsallgay a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User's Submissions in connection with the itsallgay Website and itsallgay\'s (and its successor\'s) business, including without limitation for promoting and redistributing part or all of the itsallgay Website (and derivative works thereof) in any media formats and through any media channels.
(iv) The User also hereby grants each other User of the itsallgay Website a non-exclusive license to access That User's Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by the User terminates once the User removes or deletes a User Submission from the itsallgay Website.
(v) All visual depictions displayed on this Web site, whether of actual sexually explicit conduct, simulated sexual content or otherwise, are visual depictions of consenting persons who were at least 18 years of age when those visual depictions were created.
19. itsallgay complies with the DMCA and its compliance and policy can be found here http://www.itsallgay.com/advertise.
20. The owners and operators of this Website are not the primary producer (as that term is defined in 18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of all the visual content contained on the itsallgay Web site.
21. In connection with User Submissions, The User further agrees that he or she will not: post and or allow another to post or be in any way involved in the posting of any material/s that depict/s or imply/ies person/s under the age of 18 in any way shape, form or other manifestation. Such use is banned and the User practicing such usage will be reported to the relevant authorities. itsallgay does not endorse any User Submission/s or any opinion/s, recommendation/s, or advice expressed therein, and itsallgay expressly disclaims any and all liability in connection with User Submissions.