Hey, all and welcome to adamgaynor.net! Sorry that I have to do this, but my lawyers tell me I have to include these Terms and Conditions (the “Agreement”) on my website (the “Website”). Please take a quick read through this Agreement and my Privacy Policy that is on a separate page before you enjoy the site and the company of fellow members. As a reminder, this Privacy Policy will be effective on March 6, 2005.

By logging onto adamgaynor.net, you agree that you have read and understood this Agreement, and that your use of shall conform to this Agreement. If you register with this site to use the chat room, this Agreement includes and incorporates additional terms. The additional terms will be presented to you for your acceptance when you register to use our chat room. We reserve the right to change or amend this Agreement, from time to time, without notice.

 

A. Acceptance of Terms of Use and Registration

  • Complying with Agreement. In this Agreement "you" refers to the person who registers to become a member of adamgaynor.net. You agree that all information you provide in registration or otherwise is true, accurate, and complete. We reserve the right to refuse to grant access to any person for any reason.
  • Password Security. You are responsible for maintaining the confidentiality of the Screename (the “Screename”) and password, and are fully responsible for all activities that occur under your Screename or password. You agree to immediately notify adamgaynor.net of any unauthorized use of your Screename or password or any other breach of security. You also agree to exit from your account at the end of each session. Adamgaynor.net cannot and will not be liable for any loss or damage arising from your failure to do so. For more information on security, see our Privacy Policy.

 

B. Adamgaynor.net Privacy Policy

We recognize the importance of ensuring your privacy and protecting your identity. Any registration, personal, or other information you share with us is securely managed and safeguarded. To review the Privacy Policy, please click here to read it over.

 

C. Member Conduct

By accepting this Agreement and in using adamgaynor.net, you agree to comply with the rules of the Website as stated here.

 

D. Copyright Proprietary Rights of adamgaynor.net

The operators and owners of this Website have put a significant amount of time, effort, and money in the creation of adamgaynor.net. By accepting this Agreement, you understand that adamgaynor.net is the exclusive owner and/or licensee of all information included on the Website including all, data, images, sounds, recordings, audio/visual clips, and all other contents provided herein.

Adamgaynor.net is copyrighted and owns the copyright in the entire collection of the images viewed on this Website as well as all text and other content as mentioned above, except for that information specifically noted as belonging to another party. No copyrighted material or other Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or in this Agreement without express written permission of adamgaynor.net or permission of the copyright owner. Any modification of the content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of adamgaynor.net’s copyrights and other proprietary rights. All trademarks are owned or licensed by adamgaynor.net

 

E. Termination

  • Termination for Breach. This Agreement (and therefore your license granted herein) shall terminate automatically and immediately if you fail to comply with any of the limitations described in this Agreement. No notice shall be required from adamgaynor.net to effectuate such termination.
  • Terminationation for Any Reason. In addition, adamgaynor.net reserves the right to terminate this Agreement and discontinue access to the Website at any time for any reason upon posting notice thereof on the Website.

 

F. Indemnity

You shall, at your own expense, defend adamgaynor.net, its suppliers and affiliates against any third party claim, suit or proceeding (“Third Party Claim”) brought against adamgaynor.net, its suppliers and/or affiliates which arises out of, results from or is related to any breach by you of this Agreement. You shall indemnify and hold adamgaynor.net, its suppliers and its affiliates harmless from any damages (including reasonable attorney’s fees) resulting from a Third Party Claim.

 

G. No Warranty

You acknowledge that the Services are provided “AS IS” and “WITH ALL FAULTS.” Adamgaynor.net, its suppliers and affiliates make no warranty as to the Website and the entire risk is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ADAMGAYNOR.NET, ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

H. Exclusion of Damages; Limitation on Liability

IN NO EVENT SHALL ADAMGAYNOR.NET, ITS SUPPLIERS OR ITS AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF ADAMGAYNOR.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ADAMGAYNOR.NET, ITS SUPPLIERS OR AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

I. General Provisions

You may not assign or otherwise transfer in any way any of the rights and obligations arising out of this Agreement without the prior written consent of adamgaynor.net, which may be withheld in its sole and absolute discretion. Adamgaynor.net may assign this Agreement in whole or in part upon written notice to you.

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.