Terms of Use

Acceptance of Terms of Use and Amendments:
Each time you use or access this web site you agree to be bound by these Terms of Use. If you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services which shall be incorporated by reference into these Terms of Use. Our Privacy Policy forms part of these Terms of Use and should be read in conjunction.

Our Service:
The Gay Destination website is provided for your use. You agree that the owners of this web site exclusively reserve the right, and may at any time, without notice and any liability to you, modify or discontinue this web site, its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

Your Responsibilities and Registration Obligations:
You do not have to register in order to use the Gay Destination web site. However, if you do, you agree to be at least eighteen (18) years of age or older and provide truthful information when requested. Those found to be in breach will be removed immediately.

Privacy Policy:
Registration and other information that we may collect is subject to the terms of our Privacy Policy.

Your Conduct:
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the content. You agree that our web site may expose you to content that may be considered offensive or objectionable. We shall not be responsible to you in any way for the content that appears on this web site nor for any error or omission. You explicitly agree that in using this web site or any service provided, that you shall not:
(a) provide any content or perform any act that maybe considered unlawful, illegal, threatening, harmful, abusive, defamatory, libelous, vulgar, obscene, offensive and objectionable;
(b) infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law including child pornography;
(c) impersonate or misrepresent your association with any person or entity, forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(d) collect or harvest any data about other users;
(e) provide or use this web site and any content or service in a manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(f) provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law including but not limited to intellectual property, copyright, trademark and patents.

Submission of Content on this Web Site:
By providing any content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this section;
(c) you acknowledge and agree that we shall have the right (but no obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice.

Third Party Services:
Goods and services of third parties may be advertised and/or made available on or through this web site.
Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

Indemnity:
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders from any claim or demand that may be made by any third party that is due to or arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of Use or any other violation of the rights of another person or party.

Disclaimer of Warranties:
You agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. We expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable of any quality, nor that any content is safe in any manner for download. You further agree that neither our website or any participant in the service, provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

Note: Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

Limitation of Liability:
By the use of this website you agree we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of:
(a) the use of or the inability to use the service,
(b) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service,
(c) unauthorized access to or alteration of your data transmissions,
(d) statements or conduct of any third party on the service;
(e) any other matter relating to the service.

Note: Some jurisdictions may not permit limited liability and therefore such limitations may not apply to you.

Reservation of Rights:
We reserve all rights including but not limited to any copyrights, trademarks, patents, and any other proprietary right that we may have in our web site, its content, and the goods and services that maybe provided. The use of our rights and property requires our prior written consent. We are not providing you with any licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

Notification of Copyright Infringement:
If you believe that your property has been used in any way that would be considered an infringement of copyright or a violation of your intellectual property rights, we maybe contacted by the following methods:
(a)       Byte Media 
            PO Box 629 
            Civic Square ACT 2608

(b)      enquiry@gaydestination.net.au

Competitions:
Gay Destination is currently promoting a Chance Draw in conjunction with it’s Lifestyle Survey. The Draw is bound by the following conditions:
(a) entry is available to all Australian Residents who complete the Gay Destination Lifestyle Survey in Full via: www.gaydestination.net.au
(b) only one entry per person is permitted. The use of automated software to generate entries is prohibited;
(c) the Draw opens 1 June 2010 and concludes 28 November 2010 at 11.59pm;
(d) there will be four prizes available consisting of a gift voucher to the value of $100. The first four entries drawn will be deemed the winners;
(e) the Draw will take place at 12noon on Tuesday 30 November 2010;
(f) the winners of the Draw will be notified by email and arrangements made to deliver their prize;
(g) the winners of the Draw will be published online at: www.gaydestination.net.au unless the winners have requested their name not be published.

Applicable Law:
You agree that any dispute arising out of your use of this web site or our products or services shall be governed by and in accordance with the Laws of the ACT. By registering or using this web site and service you consent and submit to the exclusive jurisdiction of ACTand where applicable, Australia. You further agree that:
(a) in the event that these Terms conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provisions will be interpreted to reflect the original intentions of the parties in accordance with the applicable law and the remainder of these Terms will remain valid and intact;
(b) the failure of either party to assert any right under these Terms shall not be considered a waiver of any of that party's right and that right will remain in full force and effect;
(c) without regard to any statue or contrary law, any claim or cause arising out of this web site or its services must be filed within three (3) months after such claim or cause arose or the claim shall be forever void;
(d) we may assign our rights and obligations under these Terms and we shall be relieved of any further obligation.