Terms of Use Agreement

 
 
WELCOME
 
Welcome to g-romance, a computerized matchmaking service that connects single men and women of the Lesbian, Gay, Bi-sexual, Transgender, and Queer (LGBTQ) community. g-romance is designed to be an inclusive site for all members of the LGBTQ community hoping to meet the partner of their dreams. It takes information that you provide as part of a brief character survey and uses a computer program to identify other individuals who share compatibility components. It offers a social environment to exchange user-generated content, such as photos, letters, film, and music. While we can't promise eternal love, we hope to create an environment where you can at least increase your chances!
 
 
WHO WE ARE
 
This web site, g-romance.com (the "Site"), is owned and operated by g-romance, LLC, a Michigan limited liability company with offices at 1008 Devonshire Road, Grosse Pointe Park, Michigan 48230.
 
In these Terms of Use ("TOU" or "Agreement"), g-romance, LLC is sometimes referred to as
"g-romance", "we", or "us".
 
The visitors to the Site are referred to as Users or "you", and Users who join g-romance are referred to as "Members".
 
 
PURPOSE OF G-ROMANCE; MEMBER SERVICES; FEES
 
There are a lot of web sites that claim to be social networking sites targeted to the LGBTQ community. This one is different. It is intended to give people the opportunity to find a more serious relationship - perhaps even a life partner. It is expressly not for those looking for superficial relationships or a "one night stand.".
 
Your commitment to this sort of relationship is part of the terms of this Agreement. It is one of the reasons g-romance gathers personal information about you for use with its computer-based matchmaking service.
 
Our services are as follows ("Services"):
 
▪  You complete an intake form.
▪  You select the term of your membership (from one month to one year, renewable) and pay the applicable,  nonrefundable, membership fee.
▪  You provide us a photo (face only).
▪  We provide you a survey, which you complete accurately and completely and return to us.
▪  We use a computer program to locate individuals whoseem to be a good match, and send you information about those individuals.
▪  You decide whether to contact those individuals, and theydecide whether to respond to you.
▪  You will not be able to access our web bank of Members or  our survey results.
▪  Fees are subject to change and are stated in U.S. dollars in our Pricing Terms, posted to the g-romance web site and  incorporated into this Agreement.

We cannot, of course, guarantee that our matchmaking efforts will find a partner for you. Success depends upon many factors, including the number of Members, the accuracy and completeness of information provided, the commitment of Members to the goals of the Site, and the complex world of relationships.  We do hope, however, that our approach will improve the chances that you can meet someone with whom you share certain core values. Please let us know of ways that we can improve the Site or our Services.

Now onto more legal terms. They are important in ensuring that you are a good fit for the goals of this Site, and for setting out the terms of our business relationship.

 
 
ACCEPTANCE OF TERMS OF USE
 
THIS IS A LEGAL DOCUMENT AND IS BINDING UPON YOU AND G-ROMANCE. IF YOU DO NOT AGREE WITH EACH AND EVERY ONE OF THE LEGAL AND BUSINESS TERMS, DO NOT USE THE SITE AND DO NOT JOIN AS A MEMBER.
 
 
PRIVACY POLICY
 
This Agreement incorporates g-romance's Privacy Policy ("Privacy Policy"). Please note that g-romance collects personal information, including the information you provide pursuant to the Member questionnaire, and uses it in connection with its provision of Member Services.
 
Please note that g-romance may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend g-romance's, or a third party's rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including a Member) is threatened.
 
 
CHANGES TO AGREEMENT
 
This Agreement may be revised from time to time. We will give you notice in writing of any changes, either by email or by posting to the Site. If you do not accept the revised Agreement, your Membership will terminate. Your continued use of the Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
 
 
YOUR PROMISES TO G-ROMANCE
 
There are certain promises you make to g-romance that are critical to your entitlement to join as a Member, to remain as a Member, and to fulfill your obligations as follows:
 
(a) Minimum Age. You are at least eighteen (18) years of age. If you are not at least eighteen years old, you must exit this Site and may not become a Member.
 
(b) Marital Status. You are not married. If you are separated, but not yet legally divorced, you may not use the Site or Services.
 
(c) No Criminal History. You have never been convicted of a felony and are not required to register as a sex offender with any government entity.
 
(d) Exclusive Use. Your account is for your personal use only. You will not authorize others to use your account, and you will not assign or otherwise transfer your account to any other individual or entity.
 
(e) Account Security. You are responsible for maintaining the confidentiality of your account information and keeping your password secure.
 
(f) No False Information. All the information you provide to g-romance, and to any of its Members, will be accurate and truthful. You will not provide inaccurate, misleading, or false information to g-romance or to any other Member. If information previously provided subsequently becomes inaccurate, misleading, or false, you will promptly notify g-romance of such change.
 
(g) No Advertising or Commercial Solicitation. You will not advertise or solicit any Member to buy or sell any products or services through the Site or Services.
 
(h) Information or Content Posted. You own all rights, including intellectual property rights (or otherwise have sufficient legal rights) in all content posted to or transmitted through the Site, or to another Member as a part of the Services. You are solely responsible, and assume all liability for, the information and content you post, transmit, publish, or otherwise make available on the Site or through the Services. You agree not to post or transmit content that is intended to threaten, harm, mislead, or offend others.
 
(i) Prohibited Content. This section of the Agreement is somewhat lengthy, and intentionally so. Over the past several years, we have seen certain conduct take place at social networking and matchmaking sites; not all if it is lawful or, in the opinion of g-romance, appropriate. g-romance is taking the high road, and its Members must understand and agree to an ethical standard of conduct. Accordingly, you agree not to engage in certain conduct or to post Prohibited Content, including conduct/content that:
 
▪  promotes racism, bigotry, hatred;
 
▪  promotes the physical, mental, or psychological harm of   any person or group of persons;
 
▪  harasses, annoys, threatens, or intimidates any other person;
 
▪  collects or solicits personal information about anyone under the age of 18 years;
 
▪ exploits another person, in particular in a manner that is  emotional, sexual, psychological, financial, or physical;
 
▪ contains under age nudity, violence, or offensive subject matter;
 
▪ contains a link to an adult website;
 
▪ is defamatory, inaccurate, abusive, profane, offensive, pornographic, obscene, or otherwise objectionable in the opinion of a Member or in the opinion of  g-romance;
 
▪ promotes or enables unlawful activities;
 
▪ disseminates another person's personal information  without his or her permission;
 
▪ collects or solicits another person's personal information for any purpose other than in connection with g-romance's  Services;
 
▪  impersonates, or otherwise misrepresents affiliation, association, or connection with, any person or entity;
 
▪  contains video, audio, or photographs of another person without his or her permission;
 
▪  contains others' copyrighted material unless without obtaining permission first;
 
▪  violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person.
 
▪  is in any way used for or in connection with "spamming","spimming", "phishing", "trolling," chain letters,unsolicited communications, or similar activities.
 
(j)Reporting of Violations. You agree to promptly report to g-romance any conduct of others that you believe violates this Agreement.
 
 
INVESTIGATIONS; POSSIBLE ACTIONS BY G-ROMANCE
 
g-romance reserves the broadest rights allowable under law and this Agreement to take actions it deems appropriate with respect to the content and conduct at the Site.
 
Members may contact g-romance to complain, in writing, of any conduct that they believe is inconsistent with the obligations of Members under this Agreement./td>
 
You understand and acknowledge that g-romance may take actions with which you disagree, and it may (by way of example and not limitation) remove content, destroy electronic files that you have posted or transmitted, report content to law enforcement, notify third parties of the content posted, and terminate your Membership.
 
g-romance does not currently require the conduct of criminal background screenings on its members. However, g-romance reserves the right to conduct a criminal background check, at any time, and you agree to provide g-romance with personal information necessary to allow it to conduct such a background check.
 
 
INDEMNIFICATION
 
You hereby indemnify, hold harmless, and agree to defend g-romance, its officers, directors, employees, members, agents, and third parties, for any damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of (1) conduct by you inconsistent with your representations and warranties under this Agreement, (2) your misuse of the Site or Services, (3) any content postings or transmissions by you, (4) your conduct with respect to any other Member, or (5) your violation of any applicable laws, rules or regulations. g-romance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with g-romance in asserting any available defenses.
 
 
ASSUMPTION OF THE RISK; WAIVER AND GENERAL RELEASE
 
Although g-romance reserves the right to take certain actions (above) it has no legal duty to review or delete content or to terminate Membership services. Any Member believing that another Member is acting in a manner inconsistent with the terms of this Agreement has the right to terminate its receipt of future Services. This right of termination is the sole remedy available to Members from g-romance.
 
To the greatest extent permitted by law, you (for yourself and any person or representative claiming through you) waive, and generally release g-romance from, any claims that you may have against g-romance whether known or unknown, relating to the Site, this Agreement, and your Membership. "Claims" means all liabilities, demands, costs, attorneys' fees, causes of action, and damages. g-romance includes its business members, successors, assigns, directors, officers, employees, agents, and attorneys.
 
 
TERMINATION; EXCLUSIVE REMEDY
 
Either you or g-romance may terminate your account at any time for any reason. Your obligation to pay Membership fees (if any) terminates upon conclusion of your membership; provided that you are obligated to pay through the end of the Membership term for which you signed up, unless you demonstrate that g-romance has failed to provide the Services described in this Agreement. All decisions regarding the termination of accounts will be made by the sole discretion of g-romance. g-romance is not required to provide you notice prior to terminating your account. g-romance is not required to disclose a reason for the termination of your account.
 
You hereby accept, as the sole and exclusive remedy for any claim by you of improper termination by g-romance, a refund of the Membership fees paid by you in the preceding three (3) months and discharge of your obligation to pay through the balance of the then-current Membership term. All terms that by their nature may survive termination of this Agreement will be deemed to survive such termination.
 
PROPRIETARY RIGHTS
 
Ownership of Proprietary Information. Your use of copyrighted material, trademarks, or other proprietary information of third parties at this Site must be either with the prior written consent of the owner of such proprietary rights, or as permitted by law.
 
License to Posted Information or Content. By posting information or content to any area of the Site, or by transmitting it to a Member in connection with the Services, you grant g-romance an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use the Content in connection with its operation of the Site and implementation of this Agreement.
 
 
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
 
▪ Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be  submitted to the following g-romance Designated Agent:
 

   Copyright Agent
   g-romance, LLC
   info@g-romance.com
 
To be effective, the notification must be a written communication that includes the following:
 
▪ A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
▪ Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.;
 
? Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
 
? Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
 
? A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
 
? A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining partyis authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
▪ Any other requirements under U.S. law.
 
g-romance may give notice to g-romance's Users by means of a general notice on this Site, electronic mail to a user's e-mail address on g-romance's records, or by written communication sent by first-class mail to a User's address on g-romance's records.
 
 
DISCLAIMER
 
TO THE EXTENT PERMITTED BY LAW, OTHER THAN ITS REPRESENTATIONS REGARDING ITS SERVICES, G-ROMANCE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
 
 
LIMITATION OF LIABILITY AND ACTIONS
 
Incidental Damages. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT WILL G-ROMANCE BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE OR SERVICES FOR ANY: (A) INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 USD).  ANY CLAIM RELATED TO THE SITE OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST G-ROMANCE.
 
No Liability for non-g-romance Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL G-ROMANCE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES.
 
 
GENERAL PROVISIONS
 
Michigan Law. In order to ensure consistency in the interpretation and enforcement of this Agreement and g-romance's rights in the Site, this Agreement will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.
 
Jurisdiction and Forum for Dispute Resolution. You expressly agree that any litigation arising between you and g-romance related, in any way, to the Site or this Agreement, or any and all disputes, actions, claims, or causes of action related thereto, will be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts and waive any assertion of forum non conveniens.
 
Entire Agreement. This Agreement, together with the Privacy Policy and the Services Policy and any other legal notices published by g-romance on the Site, will constitute the entire agreement between you and g-romance concerning the g-romance Site and Services.
 
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, and all other provisions of this Agreement will remain in full force and effect.
 
Waiver. The failure of g-romance to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by g-romance in writing.