Superbia.lgbt Terms of Use Agreement
Last revised on May 24, 2018
Welcome to Superbia.lgbt, a free service in which single lesbian, gay, bisexual, and transgender adults can meet each other online. This website is operated by Superbia.lgbt Inc., ("Superbia.lgbt").
Please read this Agreement carefully before registering for the Service. By registering for the Service, you become a Superbia.lgbt member (“Member”), and agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY SUPERBIA.LGBT, AT ANY TIME, EFFECTIVE UPON NOTICE TO MEMBERS WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.
You should also read the Superbia.lgbt Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Superbia.lgbt Privacy Policy, do not use the Website or the Service.
Acceptance of Terms of Use Agreement.
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a "Member." For purposes of this Agreement, the term "Member" means a person who provides information to Superbia.lgbt on the Website or who participates in the Service provided by Superbia.lgbt in any manner. This Agreement includes Superbia.lgbt’s (i) Privacy Policy, (ii) any and all policies and/or terms disclosed and agreed to by you if you purchase or accept additional features, products or services offer on the Website, and terms governing features, billing, free trials, discounts and promotions.
By accessing the Website and/or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please send a letter and self-addressed stamped envelope with sufficient postage to: Superbia.lgbt, 4398 Roger B Chaffee Dr., Suite 300, Grand Rapids, MI 49548. This Agreement may be modified by Superbia.lgbt from time to time, such modifications to be effective upon posting by Superbia.lgbt on the Website.
By using the Service, you consent to receive this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account with Superbia.lgbt.
By accessing the Website and/or using the Service, you acknowledge and agree that no agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations on Superbia.lgbt’s behalf or bind Superbia.lgbt in any manner
Eligibility.
You must be at least 18 years of age to access and use the Service. You must also be single or legally divorced or legally separated from your legally recognized spouse to use the Service. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you are not required to register as a sex offender with any government entity and that you have never been convicted of a felony. Using the Service may be prohibited or restricted in certain locations. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory and/or country from which you access and/or use the Website and/or Service.
Membership.
There is no cost to becoming a Member, but you will be required to create a Member profile, which may remain posted on the Website even if you are not actively using the Service. Members acknowledge that although a Member’s profile may be viewed, it may not be possible to use the Service to communicate with that Member if that Member is not then actively using the Service.
Term and Termination.
This Agreement will remain in full force and effect while you use the Service and/or are a Member.
You may cancel your membership at any time and for any reason, by written notice to: Superbia.lgbt, 4398 Roger B. Chaffee, Suite 300, Grand Rapids, MI 49548, or on line at by email notice to support@superbia.lgbt. Superbia.lgbt reserves the right to inquire as to your reason for your cancellation. If you cancel your membership, Superbia.lgbt requires a reasonable amount of time to process the cancellation.
Superbia.lgbt may terminate or suspend your membership in the Service at any time without notice if it is believed that you have breached this Agreement. Superbia.lgbt is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your membership.
If your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature would expire with the termination or that have become fully satisfied.
Non-commercial Use by Members.
The Website and Service is for personal use only. Members may NOT use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any Member to buy or sell any products or services not offered by Superbia.lgbt or its affiliates or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Members of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other Member without that Members prior explicit consent.
Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Superbia.lgbt of any disclosure or unauthorized use of your username or password or any other breach of security.
Interactions with Other Members.
You are solely responsible for your interactions with other Members. You understand that Superbia.lgbt currently does not conduct Criminal background checks on its Members. Superbia.lgbt does not inquire into the personal backgrounds of its Members or attempt to verify the statements of its Members. Superbia.lgbt makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. Superbia.lgbt reserves the right to conduct any criminal background check or other screenings (such as sex offender registry searches) at any time.
Superbia.lgbt is not responsible for the conduct of any Member. As noted in Sections 15 and 17 below, in no event shall Superbia.lgbt, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. Members agree to take all necessary precautions in all interactions with other Members, particularly if the decision is made to communicate off the Website or meet in person, or if you decide to send money to another Member. Members understand that Superbia.lgbt makes no guarantees, either express or implied, regarding compatibility with individuals you might meet through the Service. Members should not provide financial information (for example, credit card or bank account information), or wire or otherwise send money, to other Members.
Proprietary Rights.
Superbia.lgbt owns and retains all proprietary rights in the Website and the Service, and in all trademarks, trade names, content, service marks and other intellectual property rights related thereto. Members agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of Superbia.lgbt or, if such property is not owned by Superbia.lgbt, the owner of such intellectual property or proprietary rights. Members agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Content Posted by Members on the Website.
Members are solely responsible for the content and information that they post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter referred to as, "post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false. You may not post on the Website or as part of the Service, or transmit to Superbia.lgbt or any other Member, any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, slanderous, illegal material, any requests for money or financial information, or any material that infringes or violates another person’s rights. If it is reported that You have violated this restriction, Superbia.lgbt will investigate the reported violation and if found to be a violation of this policy, Superbia.lgbt shall remove the offending communication from the Website or Service and terminate the membership of the violator(s) within 24 hours of the violation being reported.
You understand and agree that Superbia.lgbt has the right but not the responsibility to, monitor or review any Content posted on the Website or as part of a Service. Superbia.lgbt may delete any Content, in whole or in part, that in the sole judgment of Superbia.lgbt violates this Agreement or may harm the reputation of Superbia.lgbt or Website.
By posting Content on the Website or as part of the Service, Members grant to Superbia.lgbt, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. Members represent and warrant that any posting and use of Content posted by Members Superbia.lgbt will not infringe or violate the rights of any third party.
Member use of the Website and Service, including all Content posted through the Service, must comply with all applicable laws and regulations. It is agree that Superbia.lgbt may access, preserve and disclose account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of Superbia.lgbt or any other person.
The following shall not be posted in areas of Member profiles that may be viewed by other Members; telephone numbers, street addresses, last names, URLs or email addresses. Members acknowledge and agree that any Content placed on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.
Prohibited Activities.
Superbia.lgbt reserves the right to investigate and/or terminate any membership if Superbia.lgbt, in its sole discretion believes that a Member has misused the Service or behaved in a way Superbia.lgbt regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve Members who have met through the Service. The following is a partial list of the type of actions that Members may not engage in with respect to the Service:
impersonate any person or entity.
solicit money from any Members.
post any Content that is prohibited by Section 9.
"stalk" or otherwise harass any person.
express or imply that any statements you make are endorsed by Superbia.lgbt without the specific prior written consent of Superbia.lgbt.
ask or use Members to conceal the identity, source, or destination of any illegally gained money or property.
use any site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents.
collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
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.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
"frame" or "mirror" any part of the Service or the Website, without Superbia.lgbt's prior written authorization.
use meta tags or code or other devices containing any reference to Superbia.lgbt, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of Superbia.lgbt) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Website or the Service other than information obtained solely in connection with your use of the Service in accordance with this Agreement.
Customer Service.
Superbia.lgbt provides assistance and guidance through its customer care representatives. Customer care representatives can be contacted at, support@superbia.lgbt. When communicating with our customer care representatives, Members agree to treat such customer care representatives with respect and to not behave in any inappropriate manner. Telephone calls between Members and our customer care representatives may be recorded for quality assurance purposes. If Superbia.lgbt feels that a Members behavior towards any of our customer care representatives or other employees is at any time inappropriate threatening or offensive, Superbia.lgbt reserve the right to immediately terminate that Members membership.
12. Modifications to Service.
Superbia.lgbt reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. Members agree that Superbia.lgbt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company Superbia.lgbt reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website or Service.
Communications and Test Profiles.
When becoming a Member, you agree and consent to receive email messages from Superbia.lgbt and its affiliates. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party affiliates. Please see the Superbia.lgbt’s Privacy Policy for more information regarding these communications. From time to time, employees of Superbia.lgbt or affiliated companies may create test dating profiles for the purpose of testing the functionality of our Service and website processes to improve service quality for our Members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
Disclaimers.
Members acknowledge and agree that neither Superbia.lgbt nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SUPERBIA.LGBT PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SUPERBIA.LGBT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, Superbia.lgbt may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. SUPERBIA.LGBT DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL SUPERBIA.LGBT OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Superbia.lgbt makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service.
Links.
The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Superbia.lgbt is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Members further acknowledge and agree that Superbia.lgbt shall not be 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 upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL SUPERBIA.LGBT, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SUPERBIA.LGBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUPERBIA.LGBT 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUPERBIA.LGBT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Arbitration and Governing Law.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website, shall be BINDING ARBITRATION administered by the American Arbitration Association. Members acknowledge and agree that under no circumstances will Members commence or maintain against Superbia.lgbt any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, Members agree to the above arbitration agreement. In doing so, they give up their right to go to court to assert or defend any claims between you and Superbia.lgbt members also give up the right to participate in any and all class action and/or class proceeding. Member’s rights will be determined by a neutral arbitrator, not a judge or jury. Members are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but Superbia.lgbt should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Superbia.lgbt shall only be commenced in the federal or state courts located in Kent County, Michigan. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and Superbia.lgbt, shall be governed by the laws of the state of Michigan without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnification.
Members and users of the website agree to indemnify and hold Superbia.lgbt, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Member or user’s breach of or failure to comply with this Agreement (including any breach of representations and warranties contained herein), any postings or Content Members post on the Website or as a result of the Service, and the violation of any law or regulation by any Members and/or user. Superbia.lgbt reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification. In such circumstance, Members and/or user agree to fully cooperate and assist Superbia.lgbt in connection with any such defense.
Notice.
Superbia.lgbt may provide notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, text message, Skype or postings on the Website. Such notices may not be received if Members violate the terms of this Agreement. Members agree that they are deemed to have received any and all notices that would have been delivered had Member not violate the terms of this Agreement.
Entire Agreement; Other.
This Agreement, with the Privacy Policy, and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between Members and Superbia.lgbt regarding the use of the Website and/or the Service.
Severability. Failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Members and Superbia.lgbt nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these terms and conditions will remain in full force and effect.
Amendment.
This Agreement is subject to change by Superbia.lgbt at any time. Any revised terms will be effective upon posting on the Website and Members use of the Service after such posting will constitute acceptance of the revised Agreement.