End User Licence Agreement
LESBIGAY GROUP PTY LTD ABN 53 633237 386 End User License Agreement. This application is owned and operated byLESBIGAY GROUP PTY LTD ABN 53 633 237 386. In this document, “we” and “us” meanLesbigay and “you” means you, the User or application visitor. Your acceptance
You cannot use Lesbigay if:·
You are under 13 years of age;·
We have previously disabled your account for breaches of our Terms or Policies;·
You are prohibited from using our services or software under applicable laws;·
You are a convicted sex offender and/or are a registered sex offender
You agree to be bound by these Terms by: clicking to accept the Terms, where this option is made available to you when you sign up as a User;or using or accessing any part of the Application. If you do not agree to these Terms, you are not permitted to access and use the Application and you should immediately cease using the Application.
Lesbigay may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Application will be governed by the most recent Terms posted within the Application or on our website at www.lesbigay.com (Website). By continuing to use the Application, you agree to be bound by the most recent Terms. It is your responsibility to check the Terms regularly which can be accessed via the Application or on the Website for updated versions of the Terms.
Lesbigay is committed to ensuring that the Application is efficient and up-to-date. As such, the Application is subject to change at anytime and for any reason without notice and may contain errors. Such change may also include Application update(s) from time to time without notice. The Application is currently available through the major app stores (and for any additional systems we decide to extend the availability of the Application to), and you will need to download the updates to continue using the Application. We give no guarantee that such update(s) will always work with your version that you have installed on your device.
Lesbigay is designed for your entertainment. We are not responsible for any decisions and actions that you take, based on what you write and read on Lesbigay. Lesbigay is not intended for trading, so any transactions that you take on yourself are your responsibility. You cannot use Lesbigay to sell and buy any products or services. Lesbigay developed and maintained for legitimate use only. You cannot use Lesbigay to violate the law,violate the confidentiality, intellectual property of any person or organization.
User registration and passwords
To use the application, you must create an account that includes the user name (login), the real user name, email and password ("your account"). User while using the Lesbigay are prohibited:
Users while using the Lesbigay are prohibited to:
Register as a user on behalf of another person (false account) orto register a group (Association) of individuals or legal person as the User,it is possible to register in the name and on behalf of another natural person or legal entity subject to obtaining the necessary authority in the manner and form prescribed by the legislation of you country;
Confuse the users with your identity using the username and password of another the registered User;distort information about yourself, your age or your relations with other persons or organizations;
Download, store, publish, distribute, make available or otherwise use any information that:
Is hateful, threatening,defamatory, insulting, demeaning to a person’s honour and dignity or business reputation or violates the privacy of other Users or third parties regardless of sexual orientation, gender identity, religious beliefs or other personal attributes.
Contains vulgar or obscene,contains foul language, pornographic images and texts or scenes of a sexual nature involving minors;
Contains scenes of violence or inhumane treatment of animals;
Contains a description of the means and methods of suicide, any instigation to commit, promote and/or promote racial, religious, or ethnic hatred or enmity, fascism or the ideology of racial superiority;
Contains extremist materials;
Contains advertising or describes the appeal of narcotic substances, including "digital drugs" (audio files affecting the human brain through binaural beats), information on the distribution of drugs, their recipes and tips on usage;
Is fraudulent in nature;
Illegally download, store, publish, distribute, and provide access or otherwise use the intellectual property Users and third parties;
User is solely responsible for any information posted on the Lesbigay, according to other Users, as well as any interactions with other Users, at their own risk.
In case of disagreement with these Rules or their updates, the User must stop using it and inform the Administration of the Lesbigay in the prescribed manner.
Obligations of the User Lesbigay:
Comply with the provisions of the current legislation of you country, these Rules and other special documents of the Administration of the Lesbigay;
Provide accurate, complete and timely data, follow their actualization;
Inform the Customers about unauthorized access to the personal page and/or unauthorized access and / or use of the password and the login ofthe User;
Do not place on a personal page of information and objects(including links), which may violate the rights and interests of other persons;
Before placing the information and objects (including but not limited to images of other persons, strange texts of different contents, audio recordings and videos) to review the legality of their distribution;
Also there are mechanisms for:
You can block the accounts of other users of violators (spam,insults, pornography, copyright infringement, etc.)
You can tell us about the users-violators (spam, insults,pornography, copyright infringement and other)
We retain all rights to make available any advertisements we deem fit on the Application on our own behalf and on behalf of any third parties.You agree for data to be sent to third parties and advertisements to be displayed on your Application when you use or access any part of the Application.
Lesbigay is a free application to use. You can purchase gifts and upgrade your account, In order purchase you can find the Gifts and Upgrades in the Application and any applicable taxes or charges (including any credit card fees or merchant fees) which may be levied on the transaction, goods or services,which will be charged with a one off fee to your credit card.
You acknowledge and agree that lesbigay will not refund any of the Gifts and Upgrades that has been charged on your nominated credit card whether in part or in whole to you from the time that you have clicked to purchase the Gifts and Upgrades. You acknowledge and agree that we work with third party suppliers to process your payments for the payments. Unless specified otherwise, all dollar amounts specified on the Website and Application are in Australian Dollars.
Application license and use
Subject to the restrictions specified in the Terms, Lesbigay grants you a worldwide, non-exclusive and non-transferable licence to download,use and access the Application for your own personal use in accordance with the Terms. By using and accessing any part of the Application, you acknowledge and agree that any services and Product Content made available to you is provided to you solely for the purpose of relaying your information to the police for emergency purposes only when any of the Application’s smart triggers have been activated. All rights pertaining to any information, photo, video, comment,review, content, communication, text, or other material that you post and submit to the Application (User’s Content) belongs to you. However, you acknowledge and agree that you are responsible for the User’s Content that you post and submit to the Application and by posting, linking or submitting your User’s Content to the Application, you grant to Lesbigay a worldwide,non-exclusive, non-transferable and royalty free licence to download, use,access, copy, reproduce, distribute, transfer and publish the User’s Content it deems fit including without limitation, to carry out the services provided under the Application, to distribute to any media and for legal purposes.User’s Content that you post on the Application or otherwise provide or communicate to Lesbigay will be treated as non-confidential and non-proprietary information. Lesbigay has the right, but not the obligation, to monitor any User’s Content made available by you on the Application. Lesbigay reserves the right, in its absolute discretion, to block, modify or remove any User’s Content contained on the Application without notice, and will not be liable in any way for possible consequences of such actions.
Except as otherwise expressly permitted by Lesbigay, you must not:use the Application for inappropriate or illegal purposes, for example, prank calling or false claims of an emergency; copy, modify or make derivative works of the Application and the Product Content or any portion of the Application or the Product Content; reverse engineer or attempt to extract the source code of the Application; make available the Application or Product Content to any third parties without our prior written approval, for example, by sub licensing, leasing,assigning, redistributing publishing, transferring or selling; engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods; impersonate or falsely claim to represent a person or organisation; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; upload, post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Application in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or post, link to, or otherwise distribute any information, material or item which contains a virus, Trojan horse, worm or other harmful or disruptive component.
Unauthorised and inappropriate use of the Application may give rise to the following:
· a claim for damages and/or may result in legal proceedings being taken against you;
· and/or suspension and/or termination of your use of the Application in accordance with the Terms.
Lesbigay provides no warranties and cannot guarantee that any file, program, access or use of the Application is free from viruses, malware or other harmful technology or material which could damage or infect your data,hardware, software or other equipment. By accessing and using the Applicationyou assume all risk in this regard and you release Lesbigay from all applicableliability and responsibility.
The Application may contain links to other websites or applications. Lesbigay provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those websites, their operators, the goods, services or content that they describe.
Access and communication
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Lesbigay does not warrant that you will have continuous access to the Application. Lesbigay will not be liable in the event that the Application is unavailable to you dueto device or service limitations, malfunctions, upgrades, preventative orremedial maintenance activities or interruption in telecommunications supply. Lesbigay does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication(including electronic mail) is vulnerable to interception by third parties and Lesbigay does not guarantee the security or confidentiality of these communications orthe security of the Application. Lesbigay does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Application and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise. Details contained on the Application relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. Lesbigay does not warrant that the goods or services available on this Application; or the Application and its Product Content comply with the laws of any other country.It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction. If you access and use the Application or its Product Content from outside Australia you do so at your own risk.
Intellectual property rights
All intellectual property rights, including copyright and patents in the Application, Lesbigay goods and services, and all components of them are owned or licensed by Lesbigay or any of its related entities. You must not copy,modify or transmit any part of the Application. The Application contains trademarks,logos, service names and trade names of Lesbigay or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Application. You acknowledge that certain ProductContent is provided under licence from third parties, which may be subject tointellectual property rights owned by those third parties.
Suspension and Termination
You may terminate your account at any time without written notice to Lesbigay. Lesbigay may at any time immediately suspend or terminate your access to the Application or any feature of the Application for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination. Where reasonably able to do so, Lesbigay will provide reasonable notice to you if it intends to discontinue your access or use of the Application. Unless provided otherwise, upon any suspension or termination, the rights and licences granted to you in these Terms will end and you must stop using the Application.
Disclaimer of warranties and limitation of liability
To the full extent permitted by law, lesbigay excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Application, quality,completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Application, the Product Content, the User’s Content, the conduct of any users, all links to or from the Application and the goods and services listed, advertised or accessible on the Application. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) Lesbigay excludes all liability for any loss,damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Application, the Product Content, the User’s Content and all links to or from the Application. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) Lesbigay excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services listed,advertised, accessible or made available on the Application.
We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any services you receive after using the Application or for any acts, omissions, errors or defaults of any third party in connection with that service.
Whilst every effort is made to ensure the Product Content information provided on the Application is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any information on the Application is not an endorsement of any organisation,product or service.
You agree to fully indemnify Lesbigay, its directors, officers, employees,consultants, agents and affiliates in respect of all loss, damage, costs,expenses (including legal fees on a full indemnity basis), fines, penalties,claims, demands and proceedings howsoever arising, whether at common law(including negligence) or under statute, in connection with any of the following:
a. any breach of these Terms by you;
b. your access or use of the Application;
c. or your communications with Lesbigay or any other third party.
Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms,their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
The above Terms constitute the entire agreement of the parties and supersedes any and all preceding and contemporaneous agreements between you and Lesbigay. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Lesbigay.