SERVICE AGREEMENT

Last Updated January, 2018

By accessing BigGayFamily.com, including a mobile application, you agree to be bound by this Service agreement, whether or not you register as a member of the Big Gay Family Social Program. If you wish to become a Member and make use of the BigGayFamily.com service, please read this Service Agreement.

This Service Agreement (the "Agreement") and the accompanying Privacy Policy together are a legal agreement between you and Family United, LLC. (the “Company”), the owner and provider of the BigGayFamily.com website. BigGayFamily.com is an online service (the "Service") that is one of many separate internet dating websites, each with their own membership database, owned and operated by the Company for adults who use the Service to meet online or in person with other adults of similar interests and backgrounds. For the purposes of this Agreement, members of BigGayFamily.com are referred to as a "Member," "Members" or "BigGayFamily.com Members."

For purposes of this Agreement, the term "Member" means a person who provides information to the Company on the Website or to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber. You acknowledge and agree that Members of BigGayFamily.com may be part an online community that includes other websites owned by the Company or its affiliates. Therefore, personal information on the Website may be used on other such websites and paying Members of one website may be able to communicate with other paying Members on all websites. This Agreement includes the Company’s (i) Privacy Policy and (ii) terms disclosed and agreed to by you if you become a paying Member or if you purchase or accept additional features, products or services we offer on the Website, such as state-specific terms and terms governing features, billing, free trials, discounts and promotions.

Please read this Agreement and the Privacy Policy carefully. Before accessing the BigGayFamily.com website or becoming a BigGayFamily.com Member. The term “Website” is deemed to refer to using of the service by means of a computer, a mobile device or a mobile application.

By using the Service, you consent to this Service Agreement. To withdraw this consent, you must cease using the Service and terminate your account.

Including Sundays and holidays, you will have until midnight on the thirtieth day after the date you enrolled to our Membership, to cancel your membership without any penalty of obligation to you. See Section 29 below for details on how to cancel during that thirty-day trial period, if you wish to terminate your membership at any time for any reason.

You may register at no cost and use some, but not all, of the features and services available on the BigGayFamily.com website. To access or use additional features and services, including but not limited to the ability to receive mails to and from other Members, training videos and introductions, you must become a paying Member. The policies and conditions set forth in this Agreement and the Privacy Policy are a part of this Agreement. Absent special offers, you acknowledge and agree that, if you are not a paying Member, you will not be able to use all the features and services available on the website, including but not limited to sending emails to other Members, training videos and introductions. Both paying and non-paying Members' profiles will not be posted on the website. Profiles will only be send during the introduction from one Member to the other, whether this Member is an active Member or not. You acknowledge that, although Members may view another Member's profile, you may not (even as a paying Member) be able to use the website to communicate with that Member.

If you become a Member, you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy for as long as you are a Member. If you do not agree to the terms and conditions, please do not access the BigGayFamily.com website. The terms and conditions of this Agreement and the Privacy Policy are subject to change at any time, effective upon notice to you by a posting on the BigGayFamily.com website of any such changes and your checking a box to indicate your acceptance of the changes (see provisions at the end of this Agreement).

This BigGayFamily.com website is part of a network of affiliated dating and networking websites ("Affiliates") that cater to professional, successful, and serious singles. (the "BigGayFamily.com Network"). The BigGayFamily.com Member database is owned and maintained by Family United LLC. Affiliate websites are landing pages which provide a portal to the BigGayFamily.com website, which potentially increases the number of individuals with whom you may have a match and get an introduction to. Affiliate websites within the BigGayFamily.com Network have different domain names, but all link to the BigGayFamily.com website.

BigGayFamily.com will create and maintain a profile in the BigGayFamily.com database. Your profile will be stored and used in our BigGayFamily.com database. Your profile will not be displayed on the BigGayFamily.com website or any other Affiliate websites. You are agreeing that your profile may be displayed only to Members to whom BigGayFamily.com is facilitating an introduction. Any BigGayFamily.com Member whom you will be introduced to, and who accesses the BigGayFamily.com website through an Affiliate landing page, can view your profile on the BigGayFamily.com website, unless you set your profile to invisible or restrict access to portions of your profile. No one, except to person you will be introduced to, will have access to your profile, either on the BigGayFamily.com website or from an Affiliate landing page. See, section 5.1 of this Agreement.

IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS IN THIS AGREEMENT OR THE PRIVACY POLICY, DO NOT ACCESS THE BIGGAYFAMILY.COM WEBSITE OR REGISTER TO BECOME A BIGGAYFAMILY.COM MEMBER. IF AT ANY POINT AS A BIGGAYFAMILY.COM MEMBER YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT OR THE PRIVACY POLICY, AS AMENDED FROM TIME TO TIME, YOU MAY TERMINATE YOUR MEMBERSHIP BY SENDING AN EMAIL TO [email protected].

 

  1. TERMS & CONDITIONS

1.1  The Service is provided to you under the terms and conditions of this Agreement and the Privacy Policy.

1.2  You must be at least 18 years of age to register as a Member of BigGayFamily.com or to use the BigGayFamily.com website. Membership in the Service is void where prohibited.

1.3  If you wish to obtain a copy of this Agreement in non-electronic form, please contact BigGayFamily.com at the address listed on the Contact page.

 

  1. MEMBER'S REGISTRATION INFORMATION

2.1  As a condition for using the Service, you agree to:

* provide true, accurate, current and complete information about yourself as prompted during the enrollment process, including but not limited to the Contact Information form and

* maintain and update this information to keep it true, accurate, current and complete.

2.2  If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, BigGayFamily.com has the right to terminate your account and refuse any and all current or future use of the Service.

 

  1. PROFILE SHARING AND DISTRIBUTION

3.1  Affiliate websites are merely landing pages that direct or link persons to the BigGayFamily.com website. A person cannot view your profile or private photos from any of our BigGayFamily.com or  Affiliate websites. Whether a person comes to the BigGayFamily.com website from an Affiliate website or is already on the BigGayFamily.com website, that person cannot view or  access your profile or private photos stored in the BigGayFamily.com database.

3.2  BigGayFamily.com may share information, including your personal information, with third parties (non-Members) that perform certain services on behalf of BigGayFamily.com including analytics, fraud prevention, customer service, member screenings, payment processing, and support of the BigGayFamily.com website functionality.

 

  1. CONTENT POSTED BY YOU

4.1  You hereby acknowledge, understand and agree that you have disclosed freely and knowingly all information provided by you to BigGayFamily.com and that any and all information posted in or on the BigGayFamily.com website will be used in furtherance of the services offered via the BigGayFamily.com Network. BigGayFamily.com will not knowingly or willfully disclose your information to any third party without your authorization as described in detail in the Privacy Policy, except as may otherwise be permissible by this Agreement or the Privacy Policy. Although we strive to maintain the necessary safeguards to protect your Personal Information, Financial Information (as those terms are defined in the Privacy Policy) and other data, you acknowledge and agree that we cannot ensure the absolute security or privacy of such information in the case of an unauthorized breach of those safeguards by a third party.

4.2  You acknowledge that by submitting any type of communications to BigGayFamily.com no fiduciary, confidential, contractually implied or other relationship is created between you and BigGayFamily.com, BigGayFamily.com or any of their subsidiaries or Affiliates other than those expressly set forth in this Agreement and in the Privacy Policy.

4.3  Limited License. You grant BigGayFamily.com a limited, worldwide, royalty-free, non-exclusive, non-transferrable license to use any content you upload through the BigGayFamily.com website, and only in connection with BigGayFamily.com providing you Services and with regard to any legal requirements or legal issues which may arise regarding your use of the BigGayFamily.com website. This license shall continue after you discontinue your membership with BigGayFamily.com. If you want to terminate this license at any time, please email [email protected] However, BigGayFamily.com reserves the right to terminate your membership if you terminate this limited license. Please note that, even after termination of any license granted hereunder, some content may continue to exist because of cached internet pages beyond the control of BigGayFamily.com.

4.4  By becoming a BigGayFamily.com Member, you agree that BigGayFamily.com, in its sole and absolute discretion and in compliance with all applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), has and reserves the right to and may remove from the BigGayFamily.com website any content that does not comply with the terms of use of this Agreement, or which BigGayFamily.com considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or otherwise unfit for use on the BigGayFamily.com website, regardless of whether such material is constitutionally protected.

4.5 By becoming a BigGayFamily.com Member you furthermore agree that BigGayFamily.com, in its sole and absolute discretion and in compliance with all applicable laws including but not limited to the Communications Decency act, 47 U.S.C.230©, has and reserves the right to and may terminate your Membership for communicating with other Members in a way that does not comply with the terms of use of this Agreement, or which BigGayFamily.com considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or otherwise unfit for use in communication among the BigGayFamily Members, regardless of whether such material is constitutionally protected.

 

  1. MEMBER INFORMATION & EMAIL

5.1  BigGayFamily.com considers non-public Member account information, including but not limited to information you provide during the registration process and e-mail communications transmitted by you through the Service, to be your private information. BigGayFamily.com will not disclose such information to any third parties without your consent, except for the Members to whom you will be introduced. However, you acknowledge and agree that BigGayFamily.com may disclose your profile information if BigGayFamily.com determines that disclosure is reasonably necessary:

* to comply with the law;

* to enforce this Agreement;

* to respond to claims that such content violates the rights of third-parties; and

* to protect the rights or interests of BigGayFamily.com and BigGayFamily.com Members.

5.2  You also understand and agree that BigGayFamily.com may access the content of your account and your Private Information to identify and resolve technical problems or service complaints by you or other Members, but without disclosing your Personal Information (as defined in the Privacy Policy) to other Members.

 

  1. MODIFICATIONS TO SERVICE

6.1  BigGayFamily.com may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement, including, but not limited to, by using the Website and Service for non-personal use, engaging in prohibited or inappropriate communications or activities, and any breach of your representations and warranties. Upon such termination or suspension, you will not be entitled to any refund of unused membership fees and, if applicable, all unpaid membership fee amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

If BigGayFamily.com discontinues providing the Service to you for reasons other than your breach of this Agreement, BigGayFamily.com will refund any unused membership fees.

6.2  You agree that BigGayFamily.com shall not be liable to you or to any third party for any discontinuation of the Service other than as stated in section 6.1 above, and that BigGayFamily.com will not be liable to you or to any third party for any sum more than the membership fee for which you paid. If any third party makes a claim against BigGayFamily.com based upon services provided to you, you agree to hold BigGayFamily.com harmless and to indemnify BigGayFamily.com for any and all losses, expenses or liability except for losses, expenses or liability which were solely caused by BigGayFamily.com's willful misconduct.

6.3 You agree that BigGayFamily.com shall not be liable to you or to any third party for any communication with the BigGayFamily.com Members, including but not limited to introductions to other Members. BigGayFamily.com and BigGayFamily.com provide a Service through your Membership, but cannot be held liable for any kind of communication between Members and Third Parties. If any Member of Third Party makes a claim against BigGayFamily.com based upon such communication, you agree to hold BigGayFamily.com harmless and o indemnify BigGayFamily.com for any and all losses, expenses or liability except for losses, expenses or liability which were solely caused by BigGayFamily.com’s willful misconduct.

 

  1. MEMBER CONDUCT

7.1  You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other BigGayFamily.com Members and that you and they will comply with the terms and conditions of this Agreement and the Privacy Policy.

7.2  You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the BigGayFamily.com Network or Service. You also agree not to interfere with the use and enjoyment of the Service by other Members.

7.3  You agree not to transmit on the Service or communicate with BigGayFamily.com Members through any obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable offensive, vulgar, racist, harmful, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or unfit way, for use on the BigGayFamily.com website or in communication between Members, regardless of whether such material or such communication is constitutionally protected.

7.4  You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.

7.5  You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of email, or to use the Service for any commercial purpose.

7.6  You agree not to engage in advertising or solicitation of other BigGayFamily.com Members, including but not limited to advertising to buy or sell any products or services, solicitations of any kind, or use of the BigGayFamily.com website for any commercial purpose. You agree not to send any chain letters, junk email, or product solicitations through the Service. Use of the Service for advertising is strictly forbidden unless expressly approved by BigGayFamily.com.

7.7  YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

The Company is not responsible for the conduct of any Member. As noted in and without limiting Sections above, in no event shall the Company, 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. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member.  You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

 

  1. 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 the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

 

  1. USE OF SITE

9.1  You agree not to interfere or attempt to interfere with the operation of the BigGayFamily.com website, the Service and/or software used to operate the BigGayFamily.com website and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means prohibited by any provisions of these terms and conditions.

9.2  You and/or any Member may not at any time attempt to use or act upon any software, robot, bot, spider and/or any other means of entering the BigGayFamily.com website and/or the Service. You may not post any type of service or URL for any reason.

9.3  You agree to include in your profile telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post any photos containing nudity or otherwise vulgar or offensive material in any areas on the BigGayFamily.com website or the Service, which are accessible to the public or to BigGayFamily.com's Members.

9.4  BigGayFamily.com reserves the right, but has no obligation, to reject or remove any content, profile or photo that does not comply with the letter or spirit of this Agreement.

9.5  Your membership in the Service is solely for your personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your membership or account to any other person or entity. You are responsible for protecting the privacy of your username and password and logging out of the BigGayFamily.com website if your computer is accessible to others to prevent unauthorized access to the BigGayFamily.com website and to your profile.

9.6  In addition to the types of Content described in Section 9.3 above, the following is a partial list of the kind of Content that is prohibited on the Website or as part of the Service. You may not post, upload, display, communicate or otherwise make available Content (either on or off the Website) that:

* constitutes or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* constitutes or advocates for harassment or intimidation of another person;
* requests money from, or is intended to otherwise defraud, other users of the Website or Service;
*involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or     "spamming" (or "spimming", "phishing", "trolling" or similar activities);
* promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
* promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
* contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
* contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
* provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
* provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
* contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
* impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
* provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
* disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
* publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the membership of such violators.

 

  1. PROHIBITED ACTIVITIES

The Company reserves the right to investigate and/or TERMINATE your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website. The following, in addition to the actions prohibited in Section 9.6 above, is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

* impersonate any person or entity, or misrepresent facts about any person or entity;

* solicit money, goods, or other property from any Members;

* post any Content or act in any manner that is prohibited by Section 9;

* “stalk", abuse, use profanity, send sexually oriented communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, publish illegal material, or otherwise harass any person;

* express or imply that any statements you make are endorsed by the Company without our specific prior written consent;
* ask or use Members to conceal the identity, source, or destination of any illegally gained money or products;

* use any robot, spider, 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 the Company's prior written authorization;
* use meta tags or code or other devices containing any reference to the Company, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) 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, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement; and

* sell, convey or transfer any rights, use of, or access to the Service.

 

  1. PAYMENT TERMS

11.1  For purposes of your use of the Service, you agree to provide BigGayFamily.com with true, accurate and complete information as required by the subscription process ("Subscription Data"), including your legal name, address, phone number, email address and other billing information (e.g., credit card number and expiration date), and to allow BigGayFamily.com to share your Subscription Data with third parties for the sole purpose of verifying the information you provide and billing your credit card or otherwise charging your account.

11.2  Payment for the Service may be made by credit card, PayPal, or other means authorized by BigGayFamily.com.

11.3  BigGayFamily.com's or its Affiliates’ Membership charges are subject to change with notice posted on the BigGayFamily.com website which you must accept or reject by checking the applicable box, which will be available after the changes are announced on the BigGayFamily.com website. You agree that you are solely responsible for checking the BigGayFamily.com website from time to time to determine if the Membership charges have changed. If you reject or do not accept those changes before the increased charges are due, BigGayFamily.com will terminate your membership.

11.4  You agree promptly to inform BigGayFamily.com of any and all apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your username or password. Until a Member notifies BigGayFamily.com by e-mail of a breach in security, the Member will remain liable for any unauthorized use of the Service.

11.5  If you initiate a chargeback or otherwise reverse a membership payment, BigGayFamily.com may in its sole discretion terminate your membership immediately. BigGayFamily.com also reserves the right to dispute any chargebacks and reversals.

 

 

 

  1. TERMINATION/SUSPENSION

12.1  You agree that Family United, LLC. as the owner of the BigGayFamily.com website, in its sole discretion, may terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or violation of the Privacy Policy as amended from time to time, or your attempt to assign or transfer your account to a third party. You acknowledge and agree that BigGayFamily.com may terminate your membership without prior notice and acknowledge and agree that BigGayFamily.com may immediately delete files in your account and bar any further access to your account. Based upon the foregoing, BigGayFamily.com may also impose limits on certain services and features or restrict your access to parts or the BigGayFamily.com website without notice or liability.

12.2  You acknowledge and agree that any suspected fraudulent, abusive or illegal activity (see section 10 above) may be grounds for termination of your membership and BigGayFamily.com may refer such grounds to law enforcement authorities.

12.3  Should you object to any terms and conditions of this Agreement or the Privacy Policy, or become dissatisfied with the Service in any way, your recourse is to immediately discontinue and terminate your membership by sending an e-mail to [email protected]

12.4  If you relocate your primary residence and can no longer access the Service, you may elect to terminate the Service by sending an email to [email protected]

12.5  Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If BigGayFamily.com terminates your membership, you will not be entitled to any refund of unused subscription fees, except as provided in Section 6.1 above. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

 

  1. DEALINGS WITH ADVERTISERS, VENDORS & OTHERS

13.1  You acknowledge and agree that any and all links from BigGayFamily.com and/or links from any and all other websites owned and/or operated by BigGayFamily.com do not constitute an endorsement from BigGayFamily.com or any of its partners, Affiliates, and/or other sites or services of those links. BigGayFamily.com provides these links solely for information, and each Member is responsible to evaluate the content and usefulness of any information from these links.

13.2  Because BigGayFamily.com may have no control over other websites and information, you acknowledge and agree that BigGayFamily.com is not responsible for the availability or content of such other websites or resources.

13.3  You agree not to hold BigGayFamily.com or its Affiliates liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, Affiliates, vendors or others available on or through the Service, or as the result of your dealings with others, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the BigGayFamily.com website.

13.4  You are solely responsible for your interaction with other Members of the BigGayFamily.com website and the BigGayFamily.com Network whether online or offline. BigGayFamily.com is not responsible or liable for the conduct of any user or Member, and, if you become a Member by checking the box below, you agree that any claims you may assert against BigGayFamily.com and its Affiliates will be resolved pursuant to the terms of this Agreement and that BigGayFamily.com's and its Affiliates’ liability for any losses or other damages you claim will be limited to refunding your membership fees and no more. BigGayFamily.com reserves the right, but has no obligation to monitor or become involved in disputes between you and other users or Members. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities.

 

  1. PROPRIETARY RIGHTS

14.1  You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by BigGayFamily.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by BigGayFamily.com, its Affiliates or advertisers, and you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. You agree to abide by any and all restrictions, rights, and/or copyright notices displayed on the BigGayFamily.com website.

14.2  To the fullest extent permitted by law and this Agreement, you acknowledge and agree that any material you send to BigGayFamily.com or BigGayFamily.com, by email or otherwise, including any suggestions and comments that you post on the BigGayFamily.com website, the Service and/or in any areas on the Service that are accessible to the public or BigGayFamily.com's membership, will be treated as non- confidential and non-proprietary and that BigGayFamily.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that BigGayFamily.com will not owe you a commission, fee, or any sum in return for its use of said non- confidential and non-proprietary information.

 

  1. WARRANTIES & REPRESENTATIONS

By posting or transmitting any file, data, photograph, or other content or communication to BigGayFamily.com, or on the Service, you represent and warrant as follows:

15.1  That the public posting and use of the file, message, data, photograph, or other content or communication by BigGayFamily.com and any Members of BigGayFamily.com will not infringe or violate the rights of any other party, including but not limited to any intellectual property rights.

15.2  That, prior to transmitting to BigGayFamily.com or posting or reproducing on the Service any file, message, data, photograph, or other content or communication in which another party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all required and necessary consent from that party or parties.

15.3  That you are using the Service in accordance with any and all applicable laws and regulations and this Agreement, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.

15.4  That you have never been convicted of a felony.

15.5  That you are not required to register as a sex offender with any government agency.

 

  1. DISCLAIMER OF WARRANTIES

16.1  The Service and the materials available on or through the Service and the BigGayFamily.com Network are provided "as is," "as available," and without warranties or conditions of any kind, either express or implied.

16.2  To the fullest extent permissible at law, BigGayFamily.com or its Affiliates, disclaim all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.

16.3  BigGayFamily.com and its Affiliates do not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the BigGayFamily.com website or the servers that make it available are free of viruses or other harmful components. BigGayFamily.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or error free.

16.4  BigGayFamily.com and its Affiliates do not represent or warrant that your Personal Information and Financial Information will not be disclosed to third parties in the case of an unauthorized data breach. BigGayFamily.com does not represent or warrant that third parties will not use your Personal Information and Financial Information in an unauthorized manner in the case of an unauthorized data breach.

16.5  BigGayFamily.com and its Affiliates do not conduct criminal background checks on its users or Members. BigGayFamily.com reserves the right, but does not assume the duty, to conduct any background checks of its Members or users at any time using any available public records.

16.6  BigGayFamily.com and its Affiliates are responsible for any of the information provided to BigGayFamily.com or BigGayFamily.com during the age, education, photo, occupation, income or any other verification process. In issuing any certification as to a Member's "verified" or "certified" status, you agree and accept that BigGayFamily.com has not done any due diligence on the materials or information provided, but has simply relied on the information submitted by the Member or user, which may or may not be accurate or truthful. The term "verified" or "certified" is not to be in anyway construed as a guarantee of any information provided by the Member to you or by the Member or user to BigGayFamily.com.

  1. NO PROFESSIONAL ADVICE

The information contained in or made available through our Sites (including but not limited to  information contained in text files, or in conversations) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters, In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparations by any person flowing the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable four your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

  1. LIMITATION OF LIABILITY

18.1  To the fullest extent permissible under applicable law, BigGayFamily.com and its Affiliates shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages including but not limited to lost profits that result from:

  • THE USE OF OR THE INABILITY TO USE THE SERVICE,
  • ANY CHANGES TO THE SERVICE,
  • DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
  • ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR
  • ANY TRANSACTIONS YOU ENTER INTO THROUGH THE SERVICE.
  • THE INTRODUCTIONS YOU ARE OFFERED THROUGH THE SERVICE.

18.2  You specifically agree that BigGayFamily.com and its Affiliates are not responsible or liable for any information on the BigGayFamily.com website which is obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal or otherwise objectionable offensive, vulgar, racist, harmful, or otherwise unfit for use on the BigGayFamily.com website or conduct of any other party or any infringement of another's rights, including intellectual property rights.

18.3  In no event, except in jurisdictions where such provisions are restricted, shall BigGayFamily.com and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees be liable to you or to any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the BigGayFamily.com website, the Service, any and all other sites, any and all services, advertising, banners, and/or any part of the BigGayFamily.com website and/or any service or services offered, even if BigGayFamily.com has been advised of the possibility of such damages. In the event of a claim by you against BigGayFamily.com or its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees, any and all damages, expenses, losses, costs or liability shall be limited to a refund of your membership fees.

18.4  You agree that BigGayFamily.com and its Affiliates shall never in any way be liable to you for more than the amount you paid for your membership fees and that, for any claim for breach of this Agreement or any other claim you may have with regard to the BigGayFamily.com website or Service, your sole and only form of compensation shall be a refund of your membership fees.

18.5  In no event shall BigGayFamily.com or its Affiliates be liable for any 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 Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users or Members of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person. You understand and agree that BigGayFamily.com and its Affiliates make no representations, guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should never provide your personal financial information (for example, your credit card or bank account information, SSN, etc.) to any other Member.

18.6  You acknowledge and agree that no website is 100% safe from intrusion by unauthorized hackers or other persons seeking to obtain the personal and financial information of users of that website, and the BigGayFamily.com website is no different. The BigGayFamily.com website and mobile application have security measures in place to protect against the loss, misuse and alteration of the information under BigGayFamily.com’s control. BigGayFamily.com utilizes secure server software (SSL) to provide secure commerce transactions for our members. BigGayFamily.com encrypts all of your Personal Information and Financial Information as it travels over the Internet, and BigGayFamily.com stores your Financial Information on its servers in encrypted form. Although BigGayFamily.com and BigGayFamily.com strive to maintain necessary safeguards to protect your Personal Information, Financial Information and other data, you acknowledge and agree that they cannot ensure the absolute security or privacy of such information in the case of a breach of those safeguards by a third party. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have laws which are as protective of your privacy as the laws in your country or jurisdiction. As a result, neither BigGayFamily.com nor BigGayFamily.com can provide you with a guaranty or absolute assurance that your information will not be compromised. By accessing and providing information through the BigGayFamily.com, and affiliated websites, you understand and agree that you have decided to accept the risks of doing so.

 

  1. INDEMNIFICATION

You agree to indemnify and hold harmless BigGayFamily.com and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees, from any loss, liability, claim, demand, or damage, asserted by any third party due to or arising from the content you transmit to or through the Service, as well as your conduct on or arising from your use of the Service, including but not limited to your use of the Service in violation of this Agreement.

 

  1. NOTICES

You agree that any notice to BigGayFamily.com shall be made via email to [email protected]. If the notice concerns your withdrawal from the Service or cancelation or termination of your membership, it will be effective within a reasonable time after BigGayFamily.com receives it and consistent with the terms of this Agreement and applicable laws. Your termination notice will not affect the legal validity or enforceability of this Agreement or the Privacy Policy.

 

  1. GENERAL

21.1  Regardless of where you live or from which physical location you access the BigGayFamily.com website, the substantive and choice of law provisions of the State of California shall apply to this Agreement, the Privacy Policy, and your access to and use of the BigGayFamily.com website or mobile application, and any action related thereto, without regard to California’s conflict of law provisions, but California law shall not apply to the arbitration provisions in Section 24 of this Agreement, which are governed solely by the Federal Arbitration Act.

21.2  BigGayFamily.com's failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision.

21.3  The section titles in the Agreement and the Privacy Policy are for convenience only and have no legal or contractual effect.

 

  1. PROFILE DISCLAIMER

BigGayFamily.com and BigGayFamily.com use all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. If at any time you suspect anyone of wrongdoing or if at any time you feel the need to contact BigGayFamily.com about a violation of this Agreement or the Privacy Policy and/or any other BigGayFamily.com policies, please contact BigGayFamily.com at [email protected].

 

  1. U.S. EXPORT CONTROLS

Any and/or all software from BigGayFamily.com and each of its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees is subject to United States export control laws and regulations. Under no circumstances may any software from this BigGayFamily.com website be downloaded or otherwise exported or re-exported:

  1. into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other country to which the U.S. has embargoed goods ("Embargoed Country"); or
  2. to anyone on the U.S. Treasury Department's Table of Denial Orders. By using this BigGayFamily.com website and any software and/or by downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Embargoed Country.

 

  1. OTHER DISCLAIMERS

24.1  BigGayFamily.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, Members and/or users and/or standard Member communications. This includes personal injury or damage to users, Members, standard Member, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with BigGayFamily.com and each of its services, its parents, subsidiaries, Affiliates, officers and employees.

24.2  BigGayFamily.com cannot guarantee and does not promise any specific results from use of the Service and/or the BigGayFamily.com website.

 

  1. DISPUTE RESOLUTION/WAIVER OF REPRESENTATIVE ACTION

25.1  By accessing the BigGayFamily.com website and entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the BigGayFamily.com website and/or the BigGayFamily.com Network, any and all such disputes shall be resolved by submission to binding arbitration in Denver, Colorado before a retired judge or justice with Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of any such dispute. You and BigGayFamily.com agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If the parties are unable to agree on a JAMS retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with JAMS by either of us, JAMS will follow the procedure in its Comprehensive Arbitration Rules and Procedures to name a retired judge or justice who will act as the sole arbitrator. Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. The ensuing judgment may also be appealed pursuant to applicable federal law. You acknowledge and agree that this Agreement involves interstate commerce and that this arbitration provision is governed by the Federal Arbitration Act.

25.2  Except as otherwise required under applicable law, (1) you and BigGayFamily.com expressly intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (2) you and BigGayFamily.com agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (3) each of you and BigGayFamily.com shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.

25.3  You are entitled to seek the advice of your own legal counsel before entering into this Agreement as well as at any time after you enter into this Agreement. If you enter into this Agreement by checking the box below, BigGayFamily.com will assume that you have either consulted with your own legal counsel or decided that you do not need to do so before entering into this Agreement.

 

  1. SPECIAL STATE TERMS

 

       The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please include your BigGayFaily.com username and email address in any correspondence or your refund may be delayed. If you cancel, BigGayFamily.com will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.

In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of BigGayFamily.com) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.

 

  1. MODIFICATIONS TO SERVICE AGREEMENT OR PRIVACY POLICY

IN ITS SOLE DISCRETION, BIGGAYFAMILY.COM RESERVES THE RIGHT TO MODIFY, CHANGE, ADD OR REMOVE ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE PRIVACY POLICY, IN WHOLE OR IN PART, AT ANY TIME. BIGGAYFAMILY.COM WILL PROVIDE YOU WITH WRITTEN NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT AND THE PRIVACY POLICY AND WILL GIVE YOU THE OPPORTUNITY TO ACCEPT OR NOT ACCEPT SUCH CHANGES. IF YOU DO NOT ACCEPT SUCH CHANGES, YOU WILL NOT THEREAFTER BE PERMITTED ACCESS TO THE BIGGAYFAMILY.COM WEBSITE AND YOUR MEMBERSHIP WILL BE TERMINATED.

 

  1. AUTOMATIC RENEWAL OF YOUR MEMBERSHIP

28.1  IN ORDER TO PROVIDE CONTINUOUS SERVICE, BIGGAYFAMILY.COM AUTOMATICALLY RENEWS YOUR MEMBERSHIP PACKAGE ON THE DATE SUCH SUBSCRIPTION EXPIRES. ONE YEAR MEMBERSHIP PACKAGES ARE NOT AUTOMATICALLY RENEWED.

28.2  BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ONE YEAR MEMBERSHIP WILL AUTOMATICALLY BE ACTIVATED AFTER THIRTY DAYS, AND YOUR ACCOUNT WILL BE SUBJECT TO THIS AGREEMENT. BECAUSE YOU DECIDE WITHIN THE THIRTY DAY PERIOD WHETHER TO CANCEL YOUR MEMBERSHIP OR NOT, YOU ARE ONLY OBLIGATED TO MAKE PAYMENTS ON A YEARLY BASIS.

28.3  THE MEMBERSHIP CHARGES TO YOUR ACCOUNT AS PART OF THE ENROLLMENT PROCESS WILL BE CHARGED AT THE MOMENT OF ENROLLMENT.  HOWEVER, THE AMOUNT OF THE YEARLY MEMBERSHIP CHARGE MAY CHANGE. YOU WILL BE MADE AWARE OF THAT CHANGE BY A NOTICE POSTED ON THE BIGGAYFAMILY.COM WEBSITE WHICH WILL REQUIRE YOUR AGREEMENT TO THAT CHANGE BY CHECKING A BOX ON THE NOTICE TO CONTINUE YOUR MEMBERSHIP. IF YOU DO NOT AGREE TO THAT CHANGE. YOU MAY TERMINATE YOUR MEMBERSHIP BY SENDING AN EMAIL TO [email protected] IF YOU DO NOT CHECK A BOX ON THE NOTICE ACCEPTING THAT CHANGE, BIGGAYFAMILY.COM WILL TERMINATE YOUR MEMBERSHIP.

28.4  IN THE EVENT THAT RENEWAL OF YOUR MEMBERSHIP IS CONTROLLED BY A THIRD PARTY, SUCH AS AN APP STORE, BIGGAYFAMILY.COM WILL PROVIDE YOU WITH DIRECTIONS ON HOW TO CANCEL THE AUTOMATIC RENEWAL FEATURE. PLEASE BE ADVISED THAT CANCELLATION UNDER THOSE CIRCUMSTANCES IS A MATTER OF YOUR AGREEMENT WITH THAT THIRD PARTY, OVER WHICH BIGGAYFAMILY.COM HAS NO CONTROL.

28.5  IF BY REASON OF DEATH OR DISABILITY YOU ARE UNABLE TO RECEIVE THE SERVICE PURSUANT TO THIS AGREEMENT, YOU OR YOUR ESTATE MAY ELECT TO BE RELIEVED OF THE OBLIGATION TO MAKE PAYMENTS FOR SERVICES OTHER THAN THOSE RECEIVED BEFORE DEATH OR THE ONSET OF DISABILITY. HOWEVER, IF A PHYSICIAN DETERMINES THAT THE DURATION OF YOUR DISABILITY WILL BE LESS THAN SIX MONTHS, BIGGAYFAMILY.COM MAY EXTEND THE TERM OF THIS CONTRACT FOR A PERIOD OF SIX MONTHS AT NO ADDITIONAL CHARGE TO YOU IN LIEU OF CANCELLATION.

 

  1. MEMBER'S RIGHT TO CANCEL CONTRACT

YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRTIETH BUSINESS DAY FOLLOWING THE DATE OF YOUR ENROLLMENT, INCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT DURING THAT THIRTY-DAY PERIOD, EMAIL A SIGNED AND DATED NOTICE WHICH STATES THAT YOU ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE SENT TO: BIGGAYFAMILY.COM AT [email protected]

 

  1. MEMBER’S AGREEMENT

30.1  YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY BY ENTERING THE BIGGAYFAMILY.COM WEBSITE.

30.2  BY COMPLETING THE REGISTRATION PROCESS, BY COMPLETING THE ENROLLMENT PROCESS , AND USING THE BIGGAYFAMILY.COM WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, YOU DO SO OF YOUR OWN FREE CHOICE, AND YOU WILL ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, WHICH MAY BE MODIFIED FROM TIME TO TIME.

30.3  BY ENTERING THE BIGGAYFAMILY.COM WEBSITE, YOU CONFIRM THAT OU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THE PRIVACY POLICY, WHICH MAY BE AMENDED FROM TIME TO TIME, AND YOU AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.

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