Terms of Service - Gay Sex Positions Guide

Terms of Service

GaySexPositions.Guide provides its services to you subject to the following Terms of Service:

1. Acceptance of Terms

You must read, understand, and agree to all of these Terms of Service before using GaySexPositions.Guide ("we" or "us"). This user Terms of Service describes the terms and conditions applicable to your use of our services at GaySexPositions.Guide. We may amend this Terms of Service at any time by posting the amended terms on our website. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on our website. You are responsible for checking this website for any posted changes to the Terms of Service.

You must be at least eighteen (18) years of age to use GaySexPositions.Guide. Our services are not available to minors. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our services.

GaySexPositions.Guide contains images that may be sexually explicit and/or offensive to some people. If you do not wish to view sexually explicit images or are prohibited from viewing sexually explicit images in your area, you may not use GaySexPositions.Guide. GaySexPositions.Guide is an Internet-based service reaching throughout the world, so the standards of acceptability in your community are very likely different than standards of decency in other communities where GaySexPositions.Guide may be accessed. You should not view material that is not acceptable in your community. You agree to use GaySexPositions.Guide at your own risk.

2. Our Services

GaySexPositions.Guide provides users with access to a collection of resources. You understand and agree that our services are provided "AS-IS" and that GaySexPositions.Guide assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications, personalization settings, or information.

3. Privacy Policy

Certain information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy. Our Privacy Policy is incorporated by reference. We may change our Privacy Policy from time to time, and our changes are effective immediately after we post the changes on the website.

4. Content We Host

1. You may find some material objectionable or erroneous: You may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
2. Our content is for general informational purposes only: This content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent, professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained within GaySexPositions.Guide.
3. Headings are for reference purposes only: Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

5. Copyright Infringement

GaySexPositions.Guide does not tolerate copyright infringement and will promptly remove all infringing material. If you are a copyright holder or hold intellectual property rights and believe that any material on GaySexPositions.Guide has violated your intellectual property rights, please submit a DMCA notice to connect@gaysexpositions.guide with the following information:

1. an electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. a description of the material that you claim is infringing and where that material may be accessed within GaySexPositions.Guide;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All copyright infringement notices will be promptly reviewed, and content will be removed upon receipt of a DMCA notice pending further investigation.

6. Third-party Websites and Resources

This website links to other websites that have their own specific Terms of Use or Terms of Service, which you also agree to accept by using those websites and/or ordering products.

GaySexPositions.Guide may provide, or third parties may provide, links to other websites or resources. Because GaySexPositions.Guide has no control over such websites or resources, you acknowledge and agree that GaySexPositions.Guide 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, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that GaySexPositions.Guide 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 use of or reliance on any such content, goods, or services available on or through any such website or resource.

Our services may include advertisements, and these advertisements are necessary for GaySexPositions.Guide to provide our services. You accept that GaySexPositions.Guide is not responsible for the content of advertising on our services or any representation of advertisers, linked websites, or third parties.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our services, 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 advertiser. You agree that GaySexPositions.Guide shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our services.

You also may be subject to additional terms and provisions that may apply when you use advertisers' websites, links, affiliate or third-party services, websites, content, or software.

7. Termination

You can stop using our services any time. We reserve the right to suspend or end our services, terminate these Terms of Service, block your access, or ban you as a user, at any time, with or without cause, and with or without notice. GaySexPositions.Guide may modify or discontinue, temporarily or permanently, any part or all of our services, links, or webpages at any time without notice to you.

All provisions of these Terms of Service that by their nature should survive termination will survive termination, including without limitation, provisions related to intellectual property, warranty disclaimers, general releases, limitations of liability, indemnity, arbitration, governing law, and the general provisions.

8. Governing Law

These Terms of Service and your relationship with GaySexPositions.Guide under these Terms of Service shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the Commonwealth of Virginia, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Service.

9. Binding Arbitration and Class Action Waiver

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF GAYSEXPOSITIONS.GUIDE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY, OR INTERPRETATION OF THESE TERMS OF SERVICE (EACH, A “CLAIM”), SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at https://www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County of Arlington, Virginia. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction in the Commonwealth of Virginia.

Before submitting a Claim to arbitration pursuant to this Section 9, you must first submit the Claim to GaySexPositions.Guide for informal resolution through connect@gaysexpositions.guide or another mechanism specified by GaySexPositions.Guide. You and GaySexPositions.Guide agree to work in good faith to resolve the Claim within sixty (60) days. If you and GaySexPositions.Guide are unable to resolve the Claim informally within sixty (60) days, then we each may submit the Claim to arbitration.

WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF GAYSEXPOSITIONS.GUIDE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF VIRGINIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS, OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any Claim or cause of action you might have arising out of or related to use of our services or these Terms of Service must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such Claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

10. Disclaimers

WE PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

At the GaySexPositions.Guide, we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Service.

Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and 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. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

11. Limitation on Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES, OR THIS TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE).

The GaySexPositions.Guide will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

12. Other Terms

These Terms of Service do not create an employment, agency, partnership, or joint venture relationship between you and us, the GaySexPositions.Guide. If you have not signed a separate agreement with us, these Terms of Service are the entire agreement between you and us. If there is any conflict between these Terms of Service and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on GaySexPositions.Guide.

If in any circumstance, we do not apply or enforce any provision of these Terms of Service, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us.

If any provision or part of a provision of these Terms of Service is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Service will remain in full force and effect.

You agree that this Terms of Service and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Should GaySexPositions.Guide prevail in any action or proceeding to enforce rights under these Terms of Service, it will be entitled to recover its costs and attorneys' fees from you.

The provisions of these Terms of Service will be binding upon and will inure to the benefit of the parties, their heirs, administrators, successors, and assigns.

You may not assign these Terms of Service or the rights and obligations hereunder to any third party under any circumstances.

You will be solely responsible for all costs and expenses incurred arising out of or relating to these Terms of Service.

You agree that you are subject to the terms and provisions contained in these Terms of Service and any additional policies applicable to our services, which may be posted from time to time. All such posted policies or rules are effective immediately upon posting and are hereby incorporated by reference into these Terms of Service.

If you have any questions regarding these Terms of Service, email us at connect@gaysexpositions.guide. Do not use GaySexPositions.Guide unless you have read and understood all of these Terms of Service and agree to them in their entirety. If you do not agree or do not understand these Terms of Service, do not use this website until you have read, understand, and agree to all of the Terms of Service.