Last update date: 2007-12-11

BearCity

www.bearcityweb.com

TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

BearCity welcomes you. BearCity (also known as Bearcityweb.com) provides its Service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of our TOS at any time at by going to the BearCity website.
By registering as a member with or accessing BearCity or by exchanging information and/or data with third parties on BearCity, you are entering into an agreement with BearCity that is subject to the TOS described herewith.

2. DESCRIPTION OF SERVICE

BearCity is only available to members. Access to BearCity membership is through an email and profile validation procedure. BearCity provides members with access to an extensive range of on-line resources, including, various communication methods, online discussion areas, personalised information and video conferencing through access to the website, this is the "Service". All new developments implemented by BearCity to extend or enhance the Service, are subject to the TOS. You agree that the Service provided by BearCity is "as is" and that BearCity assumes no responsibility for the timeliness, removal, non-delivery or failure to save any user information or settings. Please be aware that BearCity has created certain areas on the Service that are only accessible to supporter members.

There are two levels of membership.

Guest Membership
This level of membership is free of charge; it allows members to create their BearCity profile. Access to the range of BearCity resources will be limited. BearCity reserves the right to vary the level of access to BearCity made available to this category of member without notice.

Supported Membership
This level of membership carries a membership fee; it allows members to create their BearCity profile. Access to the range of BearCity resources is unlimited. BearCity reserves the right to vary cost of the membership fee without notice.

3. YOUR OBLIGATIONS

As a member of the BearCity community you agree:
  1. To use the Service only for the purposes for which it is designed as stated within this TOS
  2. Not to use this Service in relation to fraudulent activity of any kind
  3. Not use this Service for any kind of illegal or subversive activity or any activity other than the sole purposes for which it is designed as described in this TOS
  4. To be 18 (eighteen) years of age or older, and of a legal age in your country, state, district, or locale of residence to access any adult content as such provided by this site. Where BearCity has any doubt about your age, you agree to provide appropriate evidence to confirm this
  5. Not to register with or access BearCity if you live in a country or city, which does not allow you to obtain or view adult material that may contain sexual content
  6. That your Membership with BearCity is not transferable and you will not share your Username and Password or pass your Username and Password to any third party whether freely or for financial or any other form of gain
  7. That by registering for Membership with BearCity, the user confirms to have read and irrevocably agree with this Disclaimer and the BearCity Terms of Service
  8. Not to register multiple profiles without justification, failure to provide such justification or to provide justification that is consequently deemed unreasonable by BearCity will result in the deletion or suspension such profiles and/or Membership
  9. That Profiles removed and/or Membership cancelled for contravening the BearCity Terms of Service will not be eligible for a refund of any subscription fees paid
  10. That you understand some of the material, which can be accessed in the members area of BearCity may contain adult material of a sexual and/or strongly verbal nature and that you are not offended by such material
  11. To access material, contained therein, for your own personal use and not to distributed it in any form or use it in a commercial or professional manner
  12. Not to use your "Member Profile" to spam other members or to solicit goods, services or publish any material containing advertising without the written consent of BearCity. Failure to obtain such permission will be seen as advertising without consent and BearCity will reserve the right to remove the profile from the BearCity Community listing
  13. Not to upload pictures onto your profile that advertise or communicate any kind of personal information, web links or contact details
  14. Not to publish on your profile or communicate through any of the media resources available on BearCity, anything that could have an adverse influence on other members’ perception of the BearCity community
  15. Not to upload Material or Content onto BearCity that contains naked or obscene images of minors (that is persons under the age of eighteen years of age) or makes any reference to any obscene acts or activities involving minors. BearCity will report all such incidents immediately and directly to the Police
  16. Not to upload Material or Content onto BearCity that contains obscene images of sexual activity with animals or refers to any obscene acts or activities involving animals. BearCity will report all such incidents immediately and directly to the Police.
  17. Not to interfere with another user’s enjoyment of the BearCity community nor to discriminate against any user based on their race, ethnicity, gender, disability, religion, sexual orientation or any other preferences
  18. To remain polite and decent with the other users at all times. The BearCity community is an environment that allows only civilized and pleasant exchanges of information, ideas and views
  19. Not to upload, post, email or otherwise transmit any content, which is: unlawful; protected by copyright; confidential; infringed by any patent, trademark or trade secret; harmful; of a sensitive nature; threatening; vulgar; defamatory; obscene; abusive; harassing; libellous; tortuous; invasive of the privacy of another user; hateful or racially, ethnically or otherwise objectionable
  20. Not to impersonate any user of the BearCity community or BearCity official or falsely state or otherwise misrepresent your affiliation with a person or entity
  21. Not to upload, post, email or otherwise transmit any unsolicited or unauthorized: advertising; promotional material; "junk email"; "spam"; "chain letters"; "pyramid schemes" or any other form of communication, except in those areas that are designated fit for purpose and with the express permission of BearCity
  22. Not to upload, post, email or otherwise transmit any material that contains 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
  23. Not to "stalk", harass or collect and store personal information on other BearCity members or users of the BearCity community
  24. Not to download data from the BearCity web site using any automated means including: crawlers, prowlers or the like
  25. That BearCity has no obligation to remove any Material or Content that a user or member may find offensive.

Failure to abide by the obligations described herewith will result in the immediate cancellation of the BearCity Membership and blocking of the BearCity Username and Profile without prior notice or explanation by BearCity. At this point BearCity is absolved of any obligation to the member or user in question and is not liable for the repayment of any fees or part-fees relating to the cancelled Membership.

4. DISCLAIMER

BearCity will at no time be liable; or where applicable refund the “Membership Fee”, particularly but not solely where:

  1. A member can no longer gain access to the worldwide web and thus BearCity
  2. A member loses a username and/or password which prevents access to BearCity
  3. There is inappropriate communication by a third party through accessing BearCity
  4. A member’s email account is suspended or withdrawn which prevents subsequent communication with BearCity
  5. There is damage to hardware or software resulting from the downloading of material from BearCity.

At no time whatsoever, does BearCity purport to make guarantees to any member or user of BearCity that accessing this Service will meet their needs, desires or wishes.

5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Any information sent or uploaded to BearCity by whatever means will be retrieved and will become BearCity property. By uploading or submitting content/information via any means, you grant BearCity an infinite, world-wide, royalty free and non-exclusive license(s) to: use; distribute: reproduce: modify: adapt: publicly perform and publicly display the aforementioned content/information.

6. INDEMNITY

You agree to indemnify and hold BearCity, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7. PRIVACY POLICY

Membership data and other information about you, is subject to the BearCity Privacy Policy. For more information read the BearCity Privacy Policy at:
http://www.bearcityweb.com/privacy/

8. NO RESALE OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or professional purposes, any portion of the BearCity Content or Service.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that BearCity may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that it will retain personal messages, profiles and images by the Service.
You agree that BearCity has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
You acknowledge that BearCity reserves the right to delete or modify any Content at any time.
You further acknowledge that BearCity may modify these General Practices at any time and without notice.

10. MODIFICATIONS TO SERVICE

BearCity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BearCity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION OF MEMBERSHIP BY BEARCITY

You agree that BearCity may, under certain circumstances and without prior notice: cancel your Membership; Username and Profile in addition to deleting Content. Cause for such cancellation and deletion shall include, but not be limited to:

  1. Breaches or violations by you of the TOS or other incorporated agreements or guidelines
  2. Requests by the police or other government agencies
  3. A request by you (a self-initiated deletion request)
  4. Discontinuance or material modification to the Service (or any part thereof)
  5. Unexpected technical or security issues or problems
  6. Your engagement in fraudulent or illegal activities
  7. Non-payment of any Membership fees owed in connection with the Service
  8. Direct and/or indirect promotion and/or advertisement of other online gay dating related products or services.

12. TERMINATION OF MEMBERSHIP BY BEARCITY MEMBER

Termination of Supporter Membership
Any member of the BearCity community may cancel their BearCity Supporter Membership at any time. Upon receipt of such notification, BearCity will reset the member’s Personal Profile to Guest Membership status immediately. Any fees already paid to BearCity at the time of cancellation are non-refundable.

Termination of Guest Membership
Any member of the BearCity community may cancel their BearCity guest Membership at any time. Upon receipt of such notification, BearCity will delete the member’s Profile (including all personal information), Username and Password within twenty-four hours.

13. DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of the BearCity Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. BearCity expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

BearCity makes no warranty that:

  1. The Service will meet your requirements
  2. The Service will lead to any kind of acceptable outcome between yourself and a third party
  3. The Service will be uninterrupted, timely, secure, or error-free
  4. The results that may be obtained from the use of the Service will be accurate or reliable
  5. The quality of any products, services, information, or other material obtained by you through the Service will meet your expectations
  6. Any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

14. LINKS

BearCity or third parties may provide links to other World Wide Web sites or resources. BearCity has no control over such sites and resources, therefore, you acknowledge and agree that BearCity is not responsible for the availability of such external sites or resources; nor does not it endorse or is responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BearCity is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource. BearCity will not be liable for any damage to hardware or software caused through accessing any links provided.

15. LIMITATION OF LIABILITY

You expressly understand and agree that BearCity will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages relating directly or indirectly to the use of its Services.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to this Agreement.

17. NOTICES

BearCity may provide you with notices, including those regarding changes to the TOS, by email.