Terms Of Service
The following terms and conditions govern all use of the The website and all content
services and products available at or through the website, including, but not limited to, the Instermate hosting services ("Services"). The Services are provided by Instermate. Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Instermate Privacy Policy) and procedures that may be published from time to time on this Site by Instermate (collectively, the "Agreement" ).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any Services. If these terms and conditions are considered an offer by Instermate, acceptance is expressly limited to these terms. Services are available only to individuals who are at least 18 years old.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
Our Services display some content that is not Instermate. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt-out of some of those communications.
Your Account and Site
If you use our Services, you are responsible for maintaining the security of your account and the service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the service. You must not describe or assign keywords to your service in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Instermate may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Instermate liability. You must immediately notify Instermate of any unauthorized uses of your service, your account or any other breaches of security. Instermate will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Instermate (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services. Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Without limiting any of those representations or warranties, Instermate has the right (though not the obligation) to, in Instermate sole discretion (i) refuse or remove any content that, in Instermate reasonable opinion, violates any Instermate policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Instermate sole discretion. Instermate will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Contributors
If you operate a service, comment on service, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
The Content is illegal
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any
third party;
your service is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other forums and web sites, and similar unsolicited promotional methods;
your service is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your service's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Instermate or otherwise.
Fees and Payment
Optional premium paid services are available on the Services. By selecting a premium service you agree to pay Instermate the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Premium Services\
Fees; Payment
By signing up for a Premium Services you agree to pay Instermate hosting fees. Applicable fees will be invoiced starting from the day your Premium Services are established and in advance of using such services. Instermate reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Services can be canceled by you at anytime through the Instermate admin area.
Responsibility of Website Visitors
Instermate has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material's content, use or effects. By operating the Services, Instermate does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content has technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Instermate disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Instermate links, and that link to Instermate. Instermate does not have any control over those non-Instermate websites and webpages, and is not responsible for their contents or their use. By linking to a non-Instermate website or webpage, Instermate does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Instermate disclaims any responsibility for any harm resulting from your use of non-Instermate websites and webpages.
Copyright Infringement and DMCA Policy
As Gayquinox asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Instermate violates your copyright, you are encouraged to notify Instermate. Instermate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Instermate or others, Instermate may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, Instermate will have no obligation to provide a refund of any amounts previously paid to Instermate.
Changes
Instermate reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Instermate may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Gayquinox may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gayquinox account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Services are provided "as is". Gayquinox and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Gayquinox nor its suppliers and licensors, makes any warranty that the Services will be error free or that access there to will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
Limitation of Liability
In no event will Gayquinox, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gayquinox under this agreement during the twelve (12) month period prior to the cause of action. Gayquinox shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Services will be in strict accordance with the Gayquinox Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Gayquinox, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.