Terms and Conditions – Privacy Policy
PLEASE READ THIS TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE OUT NOW TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES. BY USING THE OUT NOW TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, TERMS AND CONDITIONS AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF AGREEMENT, DO NOT USE THE TRAINING SOFTWARE AND/OR ASSOCIATED PRODUCTS AND SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU SHOULD NOT ENROL IN THE GAYCOMFORT PROGRAM ("GCP") NOR PURCHASE TRAINING CREDITS. IF YOU DO ACCEPT THESE TERMS AND CONDITIONS YOU AGREE TO BE BOUND BY THEM.
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IMPORTANT NOTE: This training software and/or associated products and services may never be used to reproduce materials. Access to GCP is licensed to you only for use online (or subject to a separate software use license as agreed between you and Out Now if applicable). By enrolling in GCP or accessing any element of GCP you gain no rights to reproduce, copy or otherwise recreate any element of the content of GCP. This training software and/or associated products and services may be used for remote access to GCP content on a single user account. Any attempt to copy or reproduce any GCP content in any form may render you liable to prosecution, and if you are uncertain about your liabilities that may arise under the law should you breach this agreement you should contact your legal advisor. Out Now will not be responsible or liable for the exercise or non-exercise of rights under these Terms and Conditions.
Terms and Conditions
1. By enrolling in the GayComfort™ program (GCP), you (as an individual, on behalf of your employer whom you may be reasonably said to represent, and all legal entities legally and reasonably able to be said to be associated with you for the terms of this agreement) agree to be bound by all Terms and Conditions of this program, including services license agreement, terms and conditions, privacy policy and other aspects of these terms.
2. By enrolling in the GayComfort ™ program (GCP) you agree to be bound by the terms of the Out Now GayComfort ™ Privacy Policy (GCPPP).
3. Out Now retains and asserts at all times all ownership/s of all content in GCP, in whatever form it is expressed, including, but without limitation, terms used to describe GCP, data, text, software, programming instructions, images (unless not subject to copyright), forms of expression and any and all other elements of GCP over which Out Now can assert such ownership and such ownership is asserted here by Out Now and agreed to by you. Any use made by you of any such materials owned by Out Now may render you in breach of this agreement and may make you liable to Out Now for damages and/or render you liable to prosecution.
4. You acknowledge that GCP software, and all aspects of GCP contains confidential and proprietary information and is subject to applicable intellectual property laws as well as other laws, and that Out Now owns all right, title and interest in and to GCP and the software provided through or in conjunction with GCP, including without limitation all Intellectual Property Rights where "Intellectual Property Rights" means any and all rights existing from time to time under various laws including but without limitation to trademark laws, unfair competition law, patents laws, copyright laws, trade secret laws, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (a) distribute, decompile, transfer, copy, sell, license, modify, adapt, translate, disassemble, prepare derivative works from, reverse engineer or otherwise attempt to derive source code from the Software, unless otherwise permitted, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in GCP, (c) use GCP or its software to copy, access, transfer, transcode or retransmit content in violation of any law or third party rights.
5. By participating in GCP you agree not to seek to copy, nor cause to be copied, reproduced, transmitted or otherwise accessed by any means any aspect of the GCP program for use outside the GCP program, unless granted express written permission by Out Now to do so.
6. You agree to make no commercial use of the GCP (unless expressly authorized by way of separate agreement between you and Out Now) nor to cause others to do so, as doing so may render you and your employer liable for breach of these terms.
7. Out Now can accept no liability whatsoever for any situation related to, at any time, whether reasonably foreseeable or unforeseeable, that might arise from your participation in GCP, including, but without limitation to, any claims or legal liabilities you may be subject to at any time.
8. Out Now gives no warranties, express or implied, regarding any aspect of GCP.
9. You agree to comply with all Out Now policies and guidelines for GCP, and you agree that you will not:
* interfere with or disrupt Out Now services or servers or networks connected to Out Now services, nor disobey any procedures, policies, regulations or requirements of networks connected to Out Now services;
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Out Now services or collect information about users for any unauthorized purpose;
* create user accounts under false or fraudulent pretenses; or
* transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
10. As the program may evolve over time, any aspect of the program may be continued, amended, or discontinued, including the prices paid for training, and annual enrollment fee. You agree that all expenditures made by you on the GCP program are non-refundable.
11. Out Now reserves the right to terminate the program at any time, or the access to the program of any individual or organization for any reason, or no reason, whatsoever.
12. Your continuing enrollment in GCP is subject to your full acceptances of these Terms and Conditions, and the Privacy Policy set out below. These Terms and Conditions and/or the Privacy Policy under which the GCP operates may change from time-to-time, and you agree to be bound by any future revisions in these.
13. Your payments made as part of your enrollment in the program entitle you to be listed in the program, subject to all other Terms and Conditions of GCP.
14. Out Now is a company based in the Netherlands and your agreement is subject to the operation of Dutch law.
15. You authorize Out Now to make public your involvement in GCP, and otherwise list your involvement in GCP as part of GCP and as part of these Terms and Conditions.
16. Your agreement with Out Now is governed by these Terms and Conditions and GCPP and no other documents or other media form part of this agreement.
17. You may terminate your involvement in GCP only by written notice to Out Now that you no longer wish to be part of GCP. Your rights automatically and immediately terminate without notice from Out Now if you fail to comply with any provision of these Terms and Conditions. In such event, you will no longer be a part of GCP and Out Now may immediately remove any and all references to your participation in GCP. To the maximum extent permitted by law, Out Now reserves the right to terminate this agreement at any time and for any reason.
18. You agree to hold harmless and indemnify Out Now and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of the Software (or any associated GCP products) or your violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Out Now will provide you with written notice of such claim, suit or action.
19. You expressly understand and agree that your use of GCP is at your sole risk. The software and all associated materials and services are provided on an "as is" basis and without warranty of any kind. To the maximum extent permitted by law, Out Now expressly disclaims all warranties and conditions of any kind, whether express or implied, including but without limitation the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
20. You expressly understand and agree that Out Now makes no warranty (i) that the software or any aspect of GCP will meet your requirements, (ii) that the software or any other aspect of GCP will be error-free or bug-free, (iii) regarding the security, reliability, timelines, or performance of the software or any other aspects of GCP, and (iv) that any errors in the software will be corrected.
21. No responsibility of any kind can be accepted by Out Now arising from your participation in GCP in which case the failure of any aspect of GCP could lead to death, personal injury, or severe physical or environmental damage.
22. Limitation of liability -- You expressly understand and agree that Out Now shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Out Now has been advised of the possibility of such damages).
23. Miscellaneous provisions
a) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Out Now relating to the Software and govern your use of the Software, superceding any prior or contemporaneous agreements between you and Out Now regarding the Software.
b) Choice of Law and Forum. These Terms and Conditions and the relationship between you and Out Now shall be governed by the laws of the Netherlands without regard to its conflict of law provisions. You and Out Now agree to submit to the personal and exclusive jurisdiction of the courts located within Netherlands.
c) Waiver and Severability of Terms. The failure of Out Now to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within three months after such claim or cause of action arose or be forever barred.
24. Any and all of these Terms and Conditions, and Privacy Policy, are subject to change at any time, and for the latest Terms and Conditions and Privacy Policy applicable at any time reference should be made to the appropriate section/s of www.GayComfort.com .
25. You agree to comply with any applicable policies or guidelines that Out Now may make available from time to time in its sole discretion.
GCP Privacy Policy (GCPPP)
Protecting your privacy is very important to Out Now.
1. By enrolling in GCP you agree to be listed in Out Now database records. You understand and agree that Out Now may list your involvement in the GCP in a publicly accessible listing -- showing you are registered in GCP and other such relevant information as Out Now may in its sole discretion decide to list.
2. Your data may also be kept by the third party service provider/s utilized by Out Now in collecting monies you expend on GCP and/or by those suppliers we use to host the GCP.
3. Except for points 1 and 2 of this PP, Out Now will not sell or provide your data to any third party unless required to do so by law, although your involvement in GCP is subject to the Terms and Conditions above.
4. You agree to receive email communications regarding GCP and other related Out Now business.
5. Out Now may contact you regarding other gay market development matters from time to time.
6. Out Now may also contact you by telephone, or email or other means using information provided by you as a result of your participation in GCP.
7. Your continuing enrolment in the program is subject to full acceptance of this PP.© 2007 - 2011 Out Now Consulting
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