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GRUNTSNGROANS.COM TERMS OF USEGnG Media ("GnG Media", "GruntsnGroans.com", "us", or "we") provides in connection the GnG Media website, located at http://www.gruntsngroans.com, and all subdirectories or subextensions thereof (collectively, the "Website") services that allow users join a web-based community of individuals or businesses with similar tastes and interests, and access services, features, and functionality through the Website (the "Services").These GnG Media Terms of Service ("Agreement"), along with GnG Media's Privacy Policy, located at http://www.gruntsngroans.com/privacy.php ("Privacy Policy"), set forth the legally binding terms for your use of the Services. By accessing and using the Services through the Website, you agree to comply with and be bound by this Agreement and the Privacy Policy, whether you are a "Visitor" (meaning you are simply browsing the Website) or you are a "GruntsnGroans.com Member" (which means that you have registered with us for an account and have created a “GruntsnGroans.com Profile” in the account). The term "User" refers to a Visitor or a GruntsnGroans.com Member. This Agreement may be amended by GnG Media from time to time. If we make material changes to the Agreement, we will send you notice of the changes by sending an email to the email in your account. You agree that such amended Agreement will be effective 15 days after posting the revised Agreement, or if there are material changes, 15 days after the notice is sent to you, and your continued access to the Website or use of the Services after that time shall constitute your acceptance of the amended Agreement. If you object to any changes we make, your sole and exclusive remedy is to stop using the Website and Services, and if applicable, to terminate your account with us. 1. GRUNTSNGROANS.COM ACCOUNT 1.1 Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your GruntsnGroans.com Profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements. 1.2 Password. When you sign up to become a GruntsnGroans.com Member, you will also be asked to choose a username for your GruntsnGroans.com Profile, and a password that you may change. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the GruntsnGroans.com Profile, username, or password of another GruntsnGroans.com Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your GruntsnGroans.com Profile or access to your password. 1.3 Fees. You acknowledge that we reserve the right to charge for the Services, or parts thereof, and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your GruntsnGroans.com Profile. 1.4 Term. This Agreement shall remain in full force and effect while you use the Services or are a GruntsnGroans.com Member. You may delete your GruntsnGroans.com Profile and end your membership at any time (thereby terminating this Agreement), for any reason by logging into your account, navigating to your account settings and choosing “Delete Account.” We may terminate your membership and this Agreement for any reason, effective upon sending notice to you at the then-current e-mail address in your GruntsnGroans.com Profile. 1.5 Effects of Termination. You understand that termination of this Agreement and your GruntsnGroans.com Profile may involve deletion of your GruntsnGroans.com Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your GruntsnGroans.com Profile or related deletion of your information. Upon termination, you will no longer have access to the Service. Finally, when an account is terminated, we reserve the right to re-issue the username they had selected (for the now deleted account). 2. WEBSITE The Website and Services are made available to you for your personal, internal use only. You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with the Website, without first obtaining written permission from GnG Media. Additionally, you may not use the Website or Services for the benefit of third parties. Furthermore, you may not use the Website in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not use the Website in an automated manner), nor may you use Website in any manner that could interfere with any other party's use and enjoyment of the Services. You may not use any third party toolbars, software, or scripts to access the Website or the Websites underlying technology or software. 3. INTELLECTUAL PROPERTY. 3.1 Ownership. You acknowledge that GnG Media owns all right, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. 3.2 Content. We do not claim ownership in any postings, e-mails, messages, recommendations, comments, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other content that you or other Users of the Services post on, deliver to, or otherwise make available to the Services (“Content”), but to be able to legally provide you with and promote the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights to the Content that we (or our licensors) own and use to provide the Services to you and other Users, as set forth below. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person. 3.3 Your Content. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, publish, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world in connection with the Service or our business. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings. 3.4 Restrictions. Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to (i) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and Services; and (ii) rent, lease, loan, or sell access to the Services; (iii) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you. You also agree to not remove, obscure, or alter GnG Media's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Website. You will not: (i) cover or obscure the banner advertisements on your GruntsnGroans.com Profile page, or any GruntsnGroans.com page via HTML/CSS, scripting, or any other means, if any or (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. 3.5 Objectionable Content. We reserve the right to remove Content (including websites) that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, untrue, obscene or otherwise objectionable, or that is Prohibited Content. Any account posting or hosting objectionable content or Prohibited Content, or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service. 4. ACCEPTABLE USE AND CONDUCT You are solely responsible for any and all Content that is published or displayed ("posted", as used herein) by or through your GnG Media Profile on the Services, including any e-mail, and for your interactions with other Users. 4.1 Prohibited Content. You represent that you will not post any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (viii) otherwise violates the terms of this Agreement or creates liability for us. Additionally, you may not use any functionality of the Services or communication platforms within the Services to send SPAM (unsolicited communications). You will comply with all applicable law while you are using the Service or Website. 4.2 Breach. Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, GruntsnGroans.com Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. 4.3 Enforcement by Us. We have the right (but not the obligation) to monitor, investigate, or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. 4.4 Antivirus Software. You are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies, and GnG Media is not responsible for third-party websites that contain or deliver viruses, spyware, malware, or other harmful content or code. 4.5 Prohibited Conduct. You may not sell advertisements on the Service or Website. You may not sell access to the Service. 5. THIRD PARTIES AND OTHER USERS 5.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. By choosing your preferences, you can designate types and categories of content you prefer to access, but GnG Media cannot guarantee that you will only access the types and categories of information you designate. Some of the content served by us will be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to GnG Media. 5.2 Responsibility. Your interactions with other Users on the Services or with advertisers, including business transactions, discussions, or payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users. 5.3 Third-Party Websites and Partner Communities. The Services may contain links to third-party websites ("Third-Party Websites") (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities ("Partner Communities") or use other means to connect the GruntsnGroans.com Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 6. COPYRIGHT POLICY It is our policy to terminate membership privileges of any GruntsnGroans.com Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: GnG Media email: copyright AT gruntsngroans.com 7. DISCLAIMER OF WARRANTIES GnG Media DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF SERVICES. GnG Media DISCLAIMS ANY RESPONSIBILITY FOR HARM RESULTING FROM YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GnG Media AND THE GnG Media LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. GnG Media AND THE GnG Media LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. 8. LIMITATION OF LIABILITY 8.1 Disclaimer. UNDER NO CIRCUMSTANCES SHALL GnG Media BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF THE SERVICES, INCLUDING INTERACTIONS OR TRANSACTIONS YOU MAKE WITH OTHER USERS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GnG Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. 8.2 Limitation. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. 8.3 Release. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS FROM CLAIMS, DEMANDS ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM (I) ANY INTERACTIONS WITH OTHER USERS, OR (II) YOUR PARTICIPATION IN ANY OF OUR OFFLINE EVENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 9. COMMENTS If you have comments on the Website or ideas on how to improve it, please contact us at http://www.gruntsngroans.com/feedback.php Please note that by doing so, you also grant GnG Media permission to use and incorporate your ideas or comments into the Website without further compensation. 10. RESOLUTION OF DISPUTES Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Colorado without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against GnG Media must be resolved by a court located in Denver, Colorado. You agree to submit to the personal jurisdiction of the courts located within Denver, Colorado for the purpose of litigating all such claims or disputes. 11. INDEMNITY To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GnG Media, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination or the Agreement and your use of the Service. 12. MISCELLANEOUS PROVISIONS If for any reason a court of competent jurisdiction finds any provision or portion of these Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. Sections 2-5, 7, 8, 10, 11, and 12 of this Agreement will survive any termination of this agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Agreement will be effective only if in writing and signed by GnG Media. This document was last revised August 22, 2010. Discover gay wrestling content from around the web, found and shared by our membersFind real-time gay wrestling matches • cyber wrestling • videos • video chat • web linksWhich men do you want to take on?
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