1. ACCEPTANCE OF TERMS
Thank you for registering with LezCruise! We provide service
to you subject to the following Terms of Service ("TOS"), which we may update
from time to time without notice to you. You can review the most current version
of the TOS at any time on this page. In addition, when using particular LezCruise
owned or operated services, you and LezCruise shall be subject
to any posted guidelines or rules applicable to such services, which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. LezCruise may also offer other services that are
governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
LezCruise provides users with access to a variety
of resources, including forums, search services, personalized content and travel
information (the "Service"). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for
LezCruise to provide the Service. You also understand and agree that the Service
may include certain communications from LezCruise, such as service announcements,
administrative messages and the LezCruise Newsletter, and that these
communications are considered part of LezCruise membership and you will not be
able to opt out of receiving them unless an opt-out policy is specifically
described on the LezCruise site. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release of
new LezCruise properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that LezCruise assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining access
to the Service, and that access may involve third-party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to
access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (the
"Registration Data") and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or LezCruise has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, LezCruise has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
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is concerned about the safety and privacy of all its users, particularly children.
For this reason, parents of children under the age of 13 who wish to allow their
children access to the Service must create a LezCruise Family Account. When you
create a LezCruise Family Account and add your child to the account, you certify
that you are at least 18 years old and that you are the legal guardian of the
child/children listed on the LezCruise Family Account. By adding a child to your
LezCruise Family Account, you also give your child permission to access many areas
of the Service, including, email, message boards and instant messaging (among others).
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether
any of the Service areas and/or Content (as defined in Section 6 below) are
appropriate for your child.
4. LEZCRUISE PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information, see our full privacy policy
at http:/www.lezcruise.com/PrivacyPolicy.aspx.
You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for
storage, processing and use by LezCruise and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify LezCruise of any
unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
LezCruise cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that you, and not LezCruise,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. LezCruise does not control the
Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will LezCruise be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: a. upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way; c. impersonate any person or entity, including, but not
limited to, a LezCruise official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity; d. forge headers
or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service; e. upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); f. upload, post,
email, transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
party; g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation; h. upload,
post, email, transmit or otherwise make available 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; i. disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges; j. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service; k. intentionally
or unintentionally violate any applicable local, state, national or international
law, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or resources) to
any organization(s) designated by the United States government as a foreign terrorist
organization pursuant to section 219 of the Immigration and Nationality Act; m.
"stalk" or otherwise harass another; and/or n. collect or store personal data about
other users in connection with the prohibited conduct and activities set forth in
paragraphs a through m, above.
You acknowledge that LezCruise may or may not pre-screen Content, but that
LezCruise and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or move any Content that is available
via the Service. Without limiting the foregoing, LezCruise and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any Content
created by LezCruise or submitted to LezCruise, including without limitation
information in LezCruise Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that LezCruise may access, preserve and
disclose your account information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third parties; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal safety of
LezCruise, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices. You understand that the Service and software embodied within the
Service may include security components that permit digital materials to be
protected, and that use of these materials is subject to usage rules set by
LezCruise and/or content providers who provide content to the Service. You may
not attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
LezCruise does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
LezCruise the following worldwide, royalty-free and non-exclusive license(s),
as applicable:
* With respect to photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service, the
license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purpose for which such
Content was submitted or made available. This license exists only for as long as
you elect to continue to include such Content on the Service and will terminate at
the time you remove or LezCruise removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the Service,
the perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part)and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the LezCruise
network of properties that are intended by LezCruise to be available to
the general public. By way of example, publicly accessible areas of the Service
would include LezCruise Community Boards and LezCruise Reviews. However, publicly
accessible areas of the Service would not include private communications such as
emails, or areas off of the LezCruise network such as portions of
World Wide Web sites that are accessible via hypertext or other links but are not
hosted or served by LezCruise.
9. INDEMNITY
You agree to indemnify and hold LezCruise and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion of the Service
(including your LezCruise ID), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that LezCruise may
establish general practices and limits concerning use of the Service, including
without limitation the maximum number of days that message board
postings or other uploaded Content will be retained by the Service, the maximum disk
space that will be allotted on LezCruise's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that LezCruise has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that LezCruise reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that LezCruise
reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
LezCruise reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that LezCruise shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that LezCruise may, under certain circumstances and without
prior notice, immediately terminate your LezCruise account and access to the
Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you, (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, (g) engagement by you in fraudulent or
illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services.
Termination of your LezCruise account includes (a) removal of access to all
offerings within the Service, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any
part thereof), and (c) barring of further use of the Service. Further, you agree
that all terminations for cause shall be made in LezCruise's sole discretion and
that LezCruise shall not be liable to you or any third party for any termination
of your account or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that LezCruise shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because LezCruise has no control over such sites
and resources, you acknowledge and agree that LezCruise is not responsible for the
availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products or other materials
on or available from such sites or resources. You further acknowledge and agree
that LezCruise shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through any such
site or resource.
16. LEZCRUISE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by LezCruise or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. LezCruise grants
you a personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative work from,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is
provided by LezCruise for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. LEZCRUISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. B. LEZCRUISE
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. C. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEZCRUISE
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS. E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU,
OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEZCRUISE AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 LEZCRUISE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO
YOU.
20. SPECIAL ADMONITION FOR INFORMATION RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no Content included
in the Service is intended for trading or investing purposes. LezCruise and its
licensors shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions
based on such information.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided
in this TOS, there shall be no third-party beneficiaries to this agreement.
22. NOTICE
LezCruise may provide you with notices, including those regarding changes
to the TOS, by email, regular mail or postings on the Service.
23. TRADEMARK INFORMATION
The LezCruise logo and LezCruise trademarks and service marks and other
LezCruise logos and product and service names ("LezCruise Marks")are trademarks
of The Marylis Corporation. You agree not to display or use in any
manner the LezCruise Marks without LezCruise's prior permission.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
LezCruise respects the intellectual property of others, and we ask our
users to do the same. LezCruise may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide LezCruise the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest; 2. a
description of the copyrighted work or other intellectual property that you
claim has been infringed; 3. a description of where the material that you claim
is infringing is located on the site; 4. your address, telephone number, and
email address; 5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
LezCruise can be reached as follows: By mail: LezCruise, 4803 SE Woodstock
Blvd #155, Portland, OR, 97206; By phone: (503) 419-6248;
By fax: (503) 821-7789; By email: info@lezcruise.com
25. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
LezCruise and governs your use of the Service, superseding any prior
agreements between you and LezCruise with respect to the Service. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain other LezCruise services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and LezCruise
shall be governed by the laws of the State of Oregon without regard to its conflict
of law provisions. You and LezCruise agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Multnomah, Oregon.
Waiver and Severability of Terms. The failure of LezCruise to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your LezCruise
account is non-transferable and any rights to your LezCruise ID or contents within
your account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
deleted.
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 Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in the TOS are
for convenience only and have no legal or contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to LezCruise. By mail: LezCruise,
4803 SE Woodstock Blvd #155, Portland, OR, 97206; By phone: (503) 419-6248;
By fax: (503) 821-7789; By email: info@lezcruise.com