Please read these Terms of Service (‘Terms’, ‘Terms of Service’) before using the gayvillager.com website (the ‘Service’) operated by GayVillager (‘us’, ‘we’, or ‘our’). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
If you believe your Account may have been compromised or misused, contact us immediately at GayVillager Customer Support.
Using Gay Villager Services. You will post in the appropriate category or area and will refrain from any of the following:
- violate any laws;
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm GayVillager or the interests or property of GayVillager users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the GayVillager;
- copy, modify, or distribute any other person’s content;
- use any robot, spider, scraper or other automated means to access GayVillager and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to GayVillager.
Abusing GayVillager Services. Please inform us of any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off GayVillager if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off GayVillager or not, we do not accept any liability for monitoring GayVillager or for unauthorized or unlawful content on GayVillager or use of GayVillager by users.
Fees and Services. Using GayVillager Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in US Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we will remove or restrict access to any advertised service or product. It is your responsibility to keep your method of payment up to date and accurate.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on GayVillager.
Content. GayVillager Services contains information from us, you, and other users. You agree not to copy, modify, or distribute GayVillager Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify GayVillager Customer Service and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. The following steps are for reporting a listing to GayVillager that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through GayVillager. If you have a good faith belief that a listing on any of the GayVillager Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is use the contact GayVillager form, and send it with details to GayVillager. . We reserve the right to share, in accordance with applicable law, the completed contact form with the third party that originally posted the potentially infringing listing.
Disclaimers and Limitations of Liability. The GayVillager Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the information on GayVillager comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of GayVillager, even if you advise us. All issues must be taken up with the advertiser, or other party when issues arise from the use of their products or services. We offer a service to connect parties for purposes or business, entertainment or other uses, and have no control or interest in events that occur after contact has been established. You agree to hold GayVillager harmless from any liability that may occur between yourself and another advertiser, or user of this service.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 50 US Dollars.
Indemnification. You will indemnify and hold harmless GayVillager and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the GayVillager Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Personal Information. By using GayVillager Services, you agree to the collection, transfer, storage and use of your personal information by “Paypal”, Marktplaats BV (the “data controller”) on servers located in the United States and in the European Union.
General. These terms and the other policies posted on GayVillager constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content.
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner.
Mobile Devices Terms
Application Use. GayVillager grants you the right to use any GayVillager Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the GayVillager website. You download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of any GayVillager Application.