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Affinity Terms and Conditions
For Gayther.lgbt
Welcome to the Terms and Conditions for Gayther.lgbt, also known as Gayther Affinity. This document describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at www.gayther.lgbt (the “website” or “site”) and should be read in conjunction with the Privacy Policy. If you do not agree to be bound by these Terms, you may not use or access our services. Please take your time to carefully read these terms and conditions as they form a legal agreement between you and Ovester Limited (trading as Gayther).
CONTENTS
1. INTRODUCTION
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
1.6 You will be asked to give your express agreement to these terms and conditions before you create an account or order on our website.
2. INTERPRETATION
2.1 In these terms and conditions:
2.1.1 “we” means Ovester Limited registration number 06250776 trading as Gayther (and “us and “our” should be construed accordingly);
2.1.2 “you” means a visitor, our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
2.1.3 “website” means the website or any part thereof which is accessible from https://www.gayther.lgbt (and “site” should be construed accordingly);
3. COPYRIGHT AND TRADEMARK NOTICE
3.1. COPYRIGHT
3.1.1. Copyright (c) 2019 Ovester Limited, trading as Gayther.
3.1.2. Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.2. TRADEMARKS
3.2.1. Gayther and Ovester trade marks, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
3.2.2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
4. LICENCE TO USE WEBSITE
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages for caching in a web browser;
(c) download any content that has been clearly indicated as available to download from our website to your personal computer or device;
(d) stream audio and video files from our website; and
(e) use our website services of which include the directory listings, specialist content and guides by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. RSS FEED
5.1 You may access our RSS feed using an RSS reader or aggregator from any of the Gayther websites.
5.2 By accessing our RSS feed, you accept these terms and conditions.
5.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 5.3.
5.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
5.5 We may revoke any licence set out in this Section 5 at any time, with or without notice or explanation.
7. OTHER SOCIAL MEDIA PLATFORMS
7.1 Our website includes features that enable users to interact with other social media platforms including Twitter, Facebook, Reddit, Telegram and WhatsApp directly from our website.
7.2 Using the social media features on our website, you may:
(a) share data or content from our website; and
(b) like or upvote content from our website; and
(c) like or upvote content from our website.
7.3 You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.
7.4 Subject to Section 19.1, we will not be liable to you for any loss or damage arising out of:
(a) your use of any third party social media platform; and
(b) any act or omission of any third party social media platform operator.
7.5 When using social media features on our website, the social media platforms may collect information about you and your use of our website and those feature, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our privacy notice .
8. ACCEPTABLE USE
8.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(h) violate the directives set out in the robots.txt file for our website;
(i) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(j) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(k) decrypt or decipher any communications sent by or to our website without our permission;
(l) use our website except by means of our public interfaces;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
8.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
8.3 You must not use data collected from our website to contact individuals, companies or other persons or entities.
9. USE ON BEHALF OF ORGANISATION
9.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise
10. REGISTRATION AND ACCOUNTS
10.1 To be eligible for an account on our website under this Section 10, you must 18 years old or older.
10.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
10.3 You must not allow any other person to use your account to access the website.
10.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
10.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
11. USER LOGIN DETAILS
11.1 If you register for an account with our website, you will be asked to choose a user ID and password.
11.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 24; you must not use your account or user ID for or in connection with the impersonation of any person.
11.3 You must keep your password confidential.
11.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
11.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
12. ACCOUNT SUSPENSION OR CANCELLATION
12.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole discretion with or without notice to you.
12.2 We will usually cancel an account if it remains unused for a continuous period of 12 months.
12.3 You may cancel your account on our website using your account control panel on the website.
13. SOCIAL NETWORKING
13.1 Registered users will have access to such additional features on our website as we may from time to time determine, which may include:
(a) facilities to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website;
(b) facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
(c) the facility to send private messages via the website to particular groups or individuals registered on the website; and
(d) the facility to post and publish text and media on the website.
13.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 19.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
13.3 You agree to the publication of posts relating to you, by others, on our website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 19.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
14. PERSONAL PROFILES
14.1 All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
14.2 You must keep your personal profile on our website up to date.
14.3 Personal profile information must also comply with the provisions of Section 8 and Section 16.
15. YOUR CONTENT: LICENCE
15.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
15.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
15.3 You grant to us the right to sub-license the rights licensed under Section 15.2.
15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.
15.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
15.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
15.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
16. YOUR CONTENT: RULES
16.1 You warrant and represent that your content will comply with these terms and conditions.
16.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
16.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
16.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
16.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
16.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
17. REPORT ABUSE
17.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
17.2 You can let us know about any such material or activity by email (dpo@ovester.com) or using our abuse reporting form.
18. LIMITED WARRANTIES
18.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
18.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
18.3 To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
19. LIMITATIONS AND EXCLUSIONS OF LIABILITY
19.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:
(a) are subject to Section 19.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
19.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
20. INDEMNITY
20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
21. BREACHES OF THESE TERMS AND CONDITIONS
21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
22. THIRD PARTY WEBSITES
22.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
22.2 We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
24. VARIATION
24.1 We may revise these terms and conditions from time to time.
24.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
24.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
25. ASSIGNMENT
25.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
25.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
26. SEVERABILITY
26.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
26.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
27. THIRD PARTY RIGHTS
27.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
27.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
28. ENTIRE AGREEMENT
28.1 Subject to Section 19.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
30. STATUTORY AND REGULATORY DISCLOSURES
30.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
30.2 These terms and conditions are available in the English language only.
30.2 These terms and conditions are available in the English language only.
31. OUR DETAILS
31.1 This website is owned and operated by Ovester Limited registration trading as Gayther.
31.2 We are registered in England and Wales under registration number 06250776, and our registered office is at 2 Ambleside Avenue, London, SW16 6AD, United Kingdom.
31.3 Our principal place of business is at Gayther, 124 City Road, London, EC1V 2NX, United Kingdom.
31.4 You can contact us:
- by post, using the address Gayther, 124 City Road, London, EC1V 2NX, United Kingdom, United Kingdom;
- using our website contact form (found in the main or footer menus);
- by email, using info@gayther.com;
- by telephone on +44 (0)20 7043 9820.
If you have any questions in relation to the Affinity Terms and Conditions, please contact us
IMPORTANT DISCLAIMER: The information displayed on this page is for illustrative purposes only and does not constitute advice. It is essential that before travelling that you independently establish information relating specifically to your requirements and circumstances. Though we endeavour to keep all information across the site updated, we do not guarantee the accuracy and completeness of any information displayed. The languages and terms featured on this page are literal translations and have not been validated or verified. The service is provided free of charge, and by using it, you accept that you are doing so at your own risk. This page may contain external links to third party websites; Gayther provides these links for your convenience and does not endorse, warrant or recommend any particular products or services. By clicking on any external links, you will leave Gayther and be taken to the third-party website, which you do so at your own risk and by accessing the site, you will be required to comply with the external third party’s terms and conditions of use and privacy policies
