Terms of Service - Queerclicke

This summary of our terms of service is written in "plain English" for your convenience. However, please remember that in order to use our service, you must still agree to and adhere to the complete legal terms outlined below.

Our Commitment to You:

Right to Access Our Services: You have the right to enjoy the services we provide as long as you agree to our terms and follow our community guidelines.
Protection of Your Data: We are dedicated to keeping your personal data safe and secure.
No Unwanted Software: We will never require you to install any unwanted software, such as toolbars.
No Selling of Personal Information: Your personal data will not be sold to third parties.
No Unwanted Emails: We promise not to send you spam.

Your Responsibilities:

Account Termination: You understand that we reserve the right to terminate your account at any time, without any prior notice, at our discretion.
Data Storage: You agree that we can store and keep all the information you provide to us, even after you choose to close your account.
Access to Your Data: You acknowledge that we may access your private and personal information, including your private messages, at our discretion.
Data Sharing with Authorities: You consent to us sharing some or all of your data with government or law enforcement agencies as required.
Risk of Errors: You accept that we may make mistakes that could result in your private data becoming publicly accessible.
Waiver of Legal Rights: You agree to waive your right to sue us for any reason.

Prohibited Uses of Our Services:

Harassment: Engaging in bullying or abusive behavior.
Spam: Sending unsolicited messages or promotional content.
Inappropriate Content: Posting pornographic or excessively vulgar material.
Misrepresentation: Falsely representing your gender, age, or impersonating another user.
Privacy Violations: Attempting to access or share another member's private information.
Bypassing Security: Trying to evade or circumvent any of our security measures.
Illegal Activities: Engaging in any unlawful behavior.

Definitions:

MbMedia Inc.: Refers to our company, which operates the website https://queerclicke.com (referred to as the "Service"). In this document, "we" and "us" refer to Queerclicke or any of its successors.
User: You, the individual using this website. You gain access to this website by adhering to the Terms of Use outlined below. As a User, you are also the Data Subject, meaning you are the individual whose personal data we collect.
Service(s): This encompasses any use you make of queerclicke.com for any purpose.
Account: This includes your login credentials and all information associated with your account.
Personal Data: Refers to any data that can identify a living individual (yourself or others) from the information we hold.
Usage Data: Automatically collected information generated by your use of the Service or from the Service's infrastructure, such as how long you spend on a page.
Cookies: Small data files stored on your device to enhance your experience.
Data Subject: Any living individual whose personal data we process.
Data Controller: The entity (in this case, us) that determines how and why your personal data is processed.
Data Processor (or Service Provider): Any entity (excluding employees of the Data Controller) that processes data on behalf of the Data Controller. We may utilize various service providers to process your data more efficiently.

Overview

This Terms of Use Agreement (referred to as the "Agreement") outlines the terms and conditions that govern your use of the Queerclicke.com website. By completing the subscription process, you acknowledge and agree to be bound by all the terms stated in this Agreement.

Eligibility

To access or use this website, you must be at least 13 years old. By visiting Queerclicke.com or agreeing to these Terms of Use, you confirm that you are 13 years of age or older and that you have the legal right, authority, and ability to agree to and comply with these Terms. You also confirm that your use of the website will comply with all applicable laws and regulations.

Privacy of Information

The Personal Information Protection Act (the "Act") governs how private sector organizations in the Netherlands collect, use, retain, secure, and disclose personal information. "Personal Information" refers to any information that can identify an individual.

Queerclicke collects personal information to create your online profile. We will not use or disclose your personal information for any purposes other than those outlined in this policy.

Queerclicke may partner with third-party companies to offer optional services on our website. If you choose to use these services, your computer's IP address may be shared with these third-party providers, and we may also use the details from your public profile to display relevant advertisements. Queerclicke is not responsible for the privacy practices of these third-party companies or for any external websites that are linked to or from our site.

If you have any questions regarding how we handle your personal information or if you wish to request access to or correct your personal data under our control, please contact us at: [email protected].

By using this service, you acknowledge the following:

We cannot guarantee the security or privacy of any information you transmit over the Internet or through email, and you release us from liability regarding any third-party use of such information.
We have no control over how others use information you provide to them, and you should be cautious when sharing personal information with others through the Service.
We are not responsible for the content of messages sent by other users and release us from any liability concerning any communications you may receive from them.
We do not assume responsibility for the accuracy or content of any user’s profile on the Service.
We cannot guarantee the accuracy of information provided by other users and assume no responsibility for verifying it.

User Agreement

This Agreement outlines your responsibilities when using Queerclicke. By becoming or remaining a user of the Service, you agree to comply with all of the terms and conditions set forth in this Agreement.

Right to Use

Your access to the Service is subject to any limitations, conditions, or restrictions we may impose at our sole discretion. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including access to features, databases, or content, without notice or liability. We may also limit certain features or restrict access to parts or all of the service.

Prohibition of Unlawful Use

You may not use the Service for any illegal purpose. We reserve the right to refuse usernames that impersonate others, are protected by trademark or other proprietary rights, or are deemed offensive, vulgar, or otherwise inappropriate, at our sole discretion.

Code of Conduct

By using the service, you agree to adhere to the following Code of Conduct:

You will treat information shared with you by other users as private and confidential and will not share it with anyone without their permission.
You will not use the service to engage in harassment or offensive behavior, including but not limited to posting private communications, photos, or recordings containing defamatory, abusive, racist, pornographic, or otherwise offensive content.
You will respect the privacy, property, and rights of others and refrain from submitting any fraudulent or illegal material.
You will not use the service to distribute, promote, or publish any solicitations for funds, advertising, or commercial content.
You will not distribute malicious code or take any action that may cause harm to the service or to other users’ systems.
You will not share contact details such as email addresses, instant messaging usernames, phone numbers, postal addresses, URLs, or full names through your publicly posted information.

While we reserve the right to permanently close any user account that violates this Code of Conduct, we cannot guarantee consistent or comprehensive enforcement.

Usage Restrictions

The following limitations apply when using the Service:

You must not create an account or use the Service if you are under 13 years old.
You must not create an account using false information, impersonate others, or act on behalf of anyone other than yourself.
You are prohibited from creating an account or using the Service if you are a convicted sex offender.
If you have been previously banned or removed by Queerclicke staff or moderators, you are not permitted to create a new account or access the Service.
Your account must not be used for any commercial purposes.
You must not use your account to promote, solicit, or send any form of commercial advertisements, including spam, chain letters, or repeated messages.
Your account must not be used to engage in illegal activities.
You may not sublicense, rent, lease, sell, trade, gift, or otherwise transfer your account or any associated virtual items (e.g., badges, credits) to a third party without Queerclicke’s explicit permission.
You are prohibited from accessing or using accounts or virtual items that have been transferred in any way from the original account holder.
Only the original account creator is allowed to use the Service through that account.
You are fully responsible for any unauthorized use of the Service connected to your account.

Personal Liability

You are solely accountable for all content and materials you submit to the Service. We do not assume responsibility or liability for any content posted by you or other users. Each user is responsible for the content they submit to the Service.

Monitoring of Information

We reserve the right to monitor all data you submit to the Service, including private communications, to ensure compliance with our content guidelines, code of conduct, and usage restrictions.

Removal of Information

While we do not routinely review every message or material posted by users, and we are not responsible for the content of such messages, we reserve the right—but are not obligated—to delete, move, or modify messages or materials (including profiles, public postings, and private messages) that we, at our sole discretion, deem to violate the Code of Conduct, content guidelines, or that we otherwise find unacceptable. You remain solely responsible for the content you upload to the Service, including profiles, public posts, and messages.

Termination of Access to Service

We reserve the right, at our sole discretion, to suspend or terminate your access to all or part of the Service at any time, with or without notice, for any reason, including, but not limited to, violations of this Agreement. Furthermore, any fraudulent, abusive, illegal activity, or actions that negatively impact others’ use of the Service or the Internet may result in the termination of your access. In such cases, we may also refer you to relevant law enforcement authorities.

Proprietary Information

The Service contains proprietary information belonging to us, our partners, and our users. We claim full copyright protection over the Service. Information posted by us, our partners, or users may be protected even if it’s not explicitly marked as proprietary. You agree not to alter, copy, or distribute any such information without first obtaining express written permission from the rightful owner.

Suspension of Service

You acknowledge that we are not liable for any interruptions or suspensions of the Service, regardless of the cause or duration.

Ownership of User-Contributed Content, Virtual Items, and Credits

Queerclicke owns or holds the rights to all content within the Service. Despite anything stated otherwise, you agree that you hold no ownership or title to any content displayed on the Service, including Virtual Items (such as Badges, Credits, etc.), whether these items are earned or purchased.

Queerclicke does not permit or recognize any transfers of Virtual Items outside of the Service, nor does it allow the sale, gifting, or trading of in-service items for real-world value (including money). Any attempt to sell or exchange Virtual Items for real-world currency or value, inside or outside the Service, is prohibited and invalid. Such actions will result in the termination of your account.

Account Security

Your account is personal and should not be shared with anyone else. You are responsible for all activity that occurs under your account, including any actions taken by third parties using your password.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOU USE QUEERCLICKE.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. QUEERCLICKE’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY QUEERCLICKE, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL QUEERCLICKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY QUEERCLICKE AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE QUEERCLICKE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE QUEERCLICKE.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER QUEERCLICKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF €10.00 EURO.

Indemnity

You hereby agree to indemnify, defend and hold harmless Queerclicke and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Queerclicke reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Changes to the Agreement

We reserve the right, at any time, to change or modify the terms and conditions applicable to your usage of the Service. Such changes will become effective upon its publication on the Queerclicke.com website. Your continued use of our service after being notified of such changes shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions.

You agree to review this Agreement periodically to be aware of any such revisions.

Miscellaneous

This Agreement represents the entire agreement between you and Queerclicke regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Netherlands. As a condition of using Queerclicke.com's services, each user agrees that any and all disputes and causes of action arising out of or connected with Queerclicke.com, shall be resolved through arbitration, with such arbitration to be held in the Netherlands Court.

Additionally, except where prohibited by law, as a condition of using Queerclicke.com services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Queerclicke.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Queerclicke. Queerclicke may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Queerclicke related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.