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Thequeervillage.com Terms of Use Agreement ("Agreement")
Last amended on
February 14th 2010

These terms of use form the basis upon which you are entitled to access this website.

Please read this page carefully. If you do not agree with the contents of this statement, do not utilise this website.

Welcome to - thequeervillage.com, an online social networking site, dating site and online retailer, operated by Pretty Pink Pearl Limited ("Pretty Pink Pearl” or ”thequeervillage.com" or "we" or "us"), a company registered in England and Wales with company number 6232176 (VAT number 917 7517 01) whose registered office is 50 Gramfield Road, Crosland Moor, Huddersfield, HD9 5LY United Kingdom.

This legal notice applies to the entire contents of this website under the domain www.thequeervillage.com ("Website") and to any correspondence by e-mail between us and you. Please read these terms and conditions carefully before using this Website. Using this Website indicates that you accept these terms without modification regardless of whether or not you choose to register with us as a member and constitutes you being a party to this Agreement. If you do not accept these terms, do not use this Website.

Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of the thequeervillage.com service (the "Service").

The QueerVillage (Free Service)

1. Eligibility.

You must be thirteen (13) or over to register as a member of thequeervillage.com. Membership of the Service is invalid where it has been prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Registration, Subscription and Scope of Service.

You may become a member of the Service at no cost. As a member you will have the ability to participate in some, but not all, of the features and services available within the Service.

Subscription

In order to access additional features and services, including Qpid, Events and Venues, you must become a paying subscriber to the Service or purchase credits. Please see our Billing Details for a description of the current service rates for QPID and Credits Purchase for details of Events and Venues Charges. These rate lists are part of this Agreement. We can change the subscription fees or credits for the Service at any time but we will give you reasonable notice of this before we do so.

Scope of Service. The Service enables you to contact other members. Thequeervillage.com is not a marriage/relationship brokering service and is not obligated to successfully broker any other members for you.

3. Term and Termination.

This Agreement will remain in full force and effect while you are a member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the above Regulations.

You may terminate your FREE membership at any time, for any reason, via your account home. 

We may immediately terminate your membership and your access to the Service at any time because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, we will refund any pre-payments made by you less reasonable costs and losses we have incurred. We can terminate this Agreement at any time by giving you reasonable advance written notice.

If you terminate your subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination. In the case of violation of one or more of the terms of this Agreement by you (in particular Clauses 6 and 7), we may block your account(s), delete prohibited content, prevent publication of all or part of your profile. We may also block your access to all or part of the Service, either permanently or temporarily.

Thequeervillage.com may deactivate the accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless you are a paying subscriber.

4. Non Commercial Use by Members.

Thequeervillage.com website is for the personal use of individual members wishing to network, however there are certain sections where it may be used in connection with related commercial endeavours. Organisations, companies, and/or businesses may become business members of thequeervillage.com and may only post business information if their profile is listed as a business.  They may also pay to join gBay and purchase credits for the Events and Venues Section.

Illegal and/or unauthorised uses of thequeervillage.com, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

5. Proprietary Rights in Content on Thequeervillage.com. Thequeervillage.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other intellectual property and proprietary information of thequeervillage.com, Pretty Pink Pearl Ltd and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.

Intellectual property rights

Unless otherwise acknowledged by us, all proprietary and other intellectual property rights (including any copyright, trade mark, design right and database right) in this website, belong to us.

We grant to you, a non-exclusive, royalty free licence to access this website from a single computer at any one time, subject to these terms of use.

6. Content Posted on the Site and Prohibited Content.

  1. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. constitutes a profile or photographs of any third person used without their permission.
  3. harasses or advocates harassment of another person;
  4. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  5. promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libelous;
  6.  promotes an illegal or unauthorised 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 music or links to pirated music files;
  7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  11. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

7. Prohibited Activities. Thequeervillage.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

Links to this website by you

Any implied licence to access this website or its content by way of hypertext link, deep-linking, tagging or framing is explicitly revoked.  No party (including you) shall be entitled (nor shall you assist others) to set up links from any third party websites to this website, unless the said links are made directly to the home page of this website.

Third party links

This website contains hypertext links to third party websites. Such hypertext links are provided for reference purposes only.  We do not control or operate these websites, and shall not be responsible for their content, whatever that might be.  The inclusion of any hypertext links within this website shall not under any circumstances imply any such endorsement by us of the material on any such websites being linked too.

8. Account Security.

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Service, and you are fully responsible for all activities that occur under your username and password.

You agree to

(a) Immediately notify thequeervillage.com of any unauthorised use of your username or password or any other breach of security, and

(b) Ensure that you exit from your account at the end of each session. Thequeervillage.com will not be liable for any loss or damage arising from your failure to comply with this provision.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in.

9. Customer Service.

Thequeervillage.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees. For general customer services enquiries, please contact Customer Care.

10. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a signed statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. thequeervillage.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: legal@thequeervillage.com or the address listed below.

11. Member Disputes. You are solely responsible for your interactions with other thequeervillage.com and Qpid Members. Thequeervillage.com reserves the right, but has no obligation, to monitor disputes between you and other members.

12. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. The personal information (including sensitive personal information) you provide to us will be stored on our computers. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the Services. If you are located outside the United States, please note that the information you provide is being sent to the United States. PLEASE BE AWARE THAT THE LAWS OF UNITED STATES ARE GENERALLY NOT REGARDED AS PROVIDING 'ADEQUATE' DATA PROTECTION AS CONTEMPLATED UNDER ARTICLE 25 OF THE EUROPEAN UNION'S DATA PROTECTION DIRECTIVE (95/46/EC). BY BECOMING A MEMBER OF THE SERVICE, YOU ARE CONSENTING TO (i) THE TRANSFER OF YOUR PERSONAL INFORMATION TO THE UNITED STATES; (ii) USE IN THAT COUNTRY; AND (iii) TRANSFER OF YOUR PERSONAL INFORMATION TO THIRD PARTIES AS MAY BE INVOLVED IN THE PROVISION AND OPERATION OF THE SERVICES, IN ACCORDANCE WITH OUR PRIVACY POLICY.

13. Service Access.

While thequeervillage.com endeavours to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Liability

This website is provided "as is" and on an "as available" basis without any representations of any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

In no event shall we be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses or damage sustained and arising out of or in connection with use of this website including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, consequential or special loss.

We do not warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this website.

We do not seek to exclude liability for death or personal injury.

14. Disclaimers.

The material at this Website is provided as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Thequeervillage.com provides you with this Website on the basis that Thequeervillage.com excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Website and the Service. THIS LEGAL NOTICE AND THE FOREGOING DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.

15. Limitation on Liability.

Nothing in this legal notice shall exclude or limit Thequeervillage.com's liability for (i) death or personal injury caused by negligence [(as such term is defined by the Unfair Contract Terms Act 1977)]; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

Subject to the foregoing, Thequeervillage.com, and any of Pretty Pink Pearl Ltd group companies, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website.

Subject to the foregoing, Thequeervillage.com'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 Thequeervillage.com for the Service during the term of membership.

16. Modifications to this Agreement.

We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.

17. Ownership of rights.

All materials on the Website are copyrighted and are protected under treaty provisions and world-wide copyright laws. All rights reserved. Thequeervillage.com materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without thequeervillage.com's written permission. Except as expressly stated in the limited licence provisions in this Agreement, Thequeervillage.com does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property or proprietary information.

18. Release.

In the event that you have any claim or action against any other member arising from that member's use of our Website or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.

In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.

19. Severance.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

20. Assignment.

Thequeervillage.com. may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

21. Relationship.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and thequeervillage.com as a result of this agreement or use of this Website.

22.Disputes.

These terms of use shall be governed by the laws of England and you shall submit to the exclusive jurisdiction of the English courts.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

24. Other.

This Agreement, accepted upon use of the Website and further affirmed by becoming a member of thequeervillage.com Service, contains the entire agreement between you and Thequeervillage.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect

Unless otherwise specified, the materials on this website are directed solely at those who access this website from the United Kingdom.

We make no representation that any goods referred to on this website are appropriate for use in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

25. Contact Information. If you have any questions about the rights and restrictions above, please contact us at legal@thequeervillage.com or here.

Please contact us with any questions regarding this agreement. Thequeervillage.com is a trademark of Pretty Pink Pearl Ltd.

26. Terms and Conditions of Sale

Should you intend to purchase goods from us, please read Terms and Conditions of Sale and our Privacy Policy (together with the “Conditions”) before placing an order.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Thequeervillage.com, (“Thequeervillage.com”) is part of the Pretty Pink Pearl Ltd family of businesses.

Information we may collect

We may collect information that can identify you (“personal information”), such as your name and email address, (i) when you (or other users) provide it to us when using our website or in some other manner, and from other third parties. We may combine the personal information that we receive from different sources.

We also may collect other types of information in the following ways when you visit our website:

We do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children's Online Privacy Protection Act.

Information others may collect

We may allow third-party advertising companies or ad networks to display advertisements on our websites.

If you post information about yourself or others, or communicate with others using our website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information.

How we may use information we collect

We may use information to:

With whom we may share information we collect

We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:

We may share aggregated, non-personal information in any of the above situations and also with advertisers and others.

Your choices

You may choose:

Security

We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorised access, alteration, or disclosure.

Changes to our Privacy Policy

We may occasionally update our Privacy Policy to reflect changes in our practices and services. If we make material changes in the way we collect, use, or share your personal information, we will notify you by sending you an email to the email address you most recently provided to us and/or by prominently posting notice of the changes on our website.

How to contact us

If you have any questions about this summary, our Privacy Policy, or our information practices, please contact us by email or postal mail below:

Privacy Officer
Thequeervillage.com,
Pretty Pink Pearl Ltd, 50 Gramfield Road, Crosland Moor, Huddersfield, HD9 5LY
privacy@thequeervillage.com

© 2010 Pretty Pink Pearl Ltd. All rights reserved.

EXTRA INFORMATION

Cookies:

A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.

Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. When you sign in to your account on our website, we will record your user or member ID and the name associated with your user or member ID in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.

You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.

We may allow third-parties, including Pretty Pink Pearl companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect from you. The collection and use of that information is subject to the third-party's privacy policy. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).

Web Beacons:

Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the full stop at the end of this sentence.

Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may include web beacons in promotional (or other) e-mail messages or newsletters to determine whether messages have been opened and acted upon. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.


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