The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.
Hello. You should read these terms and conditions in full because they apply every time you visit DatinGay. However, just in case you ever need a reminder of the main points, here’s a quick summary:
DatinGay is a social media website and app designed as a forum for meeting new people, a place to have discussions and to share photos, news and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use DatinGay in a manner consistent with its purpose and which is in accordance with these terms and conditions (the “Terms”).
The Terms apply whenever you visit DatinGay, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on DatinGay (the “Services”) you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
DatinGay is a meeting place for adults. You may only use and become a registered member of DatinGay if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using DatinGay you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
You are able to post all kinds of things on DatinGay, including photographs, messages and other content (“Content”).
There are some rules about what is acceptable though, so when you are using DatinGay you may not post or send any Content which:
Please use your common sense when picking the Content that you choose to post on or send via DatinGay because you are solely responsible for, and bear all liability in relation to, such Content.
You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
You may only use other DatinGay user’s personal information to the extent that your use of it matches DatinGay's purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. DatinGay reserves the right to terminate your account if you misuse other users' information.
The short answer is no. Only you are authorised to access your account with DatinGay. You must not share your login details with anyone or let anyone else access your account as this jeopardises the security of all of the Content and personal information that you have submitted to DatinGay . You are responsible for keeping your login details secret and secure. If you don’t, DatinGay is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately and telling us of your suspicions or concerns. You must also immediately change your login details. DatinGay reserves the right to terminate your account if you violate our rules on keeping your login details secure.
When you upload Content to DatinGay it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can opt to use the private folders and select the person to whom you wish to give access. If you still do not want such Content to be viewed by others, then you should not upload it to DatinGay. If you decide to share your voting results (on other DatinGay users, or yourself) on other social networks, those social network users will be able to see these results. You can turn off this results sharing in your settings at any time. Remember to check those social networks’ terms and conditions to check you are happy with them. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to DatinGay without any incurring liability to you. We have no obligation to display any Content that you submit to DatinGay, nor to check the accuracy or truthfulness of any Content submitted to DatinGay, nor to monitor your use or the use of other users of DatinGay.
Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).
Please note though that by posting or sending Content on DatinGay you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
By submitting Content to DatinGay you are warranting that you are the exclusive author and owner of that Content and you agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
Us! All text, graphics, user interfaces, trademarks, logos, sounds and artwork on DatinGay are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Other than in relation to Content submitted by you to DatinGay, you do not have any rights in relation to the Content on DatinGay and you agree that you will not use any Content in any manner which may infringe any third party’s rights. Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the DatinGay site or the Content contained on it (other than the Content submitted by you) to anyone else.
DatinGay offers you the opportunity to pay for certain services offered on the site. DatinGay's premium services include various opportunities to find and meet additional people, to customise your profile and to boost your profile so more people find you. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time. Once you have paid for any premium services, they are non-refundable. You can change your Auto Top-up at anytime in your payment settings on your profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
Once you have requested a DatinGay premium service, you authorise DatinGay to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to DatinGay are made as well as how such payments may be changed or cancelled. Your subscription to DatinGay's premium services will automatically renew until you decide to cancel, and if you have enabled the auto top-up feature, your account will automatically be topped up until you decide to disable this feature.
No. We reserve the right to expire any unused credits after 6 months. If you delete your account or if your account is terminated by us due to a breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control, so DatinGay is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of DatinGay and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on DatinGay without notice and without incurring any liability to you.
You are responsible for making all the necessary arrangements to ensure you can access DatinGay (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing DatinGay through mobile services or any similar service currently known or developed in the future.
By accessing DatinGay or agreeing to receive messages or notifications from DatinGay through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
Non-registered users are able to access only that portion of DatinGay that is publicly available. They will not have a Profile or the ability to upload any Content. The extent of registered users’ access to DatinGay will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.
Sometimes people forget about the Terms and post Content or act in a way while on DatinGay which is not consistent with the purpose of the app or site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
We will try (but we are not obliged) to notify you if your access to DatinGay and/or your Profile is to be or has been suspended or terminated.
If you have registered on DatinGay, you can terminate your registration at any time.
We save your profile information in case you later decide to restore your account. Many users deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to DatinGay. You will therefore be able to restore your account and your profile in its entirety within 30 days of de-activating it. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to DatinGay.
Content that you have uploaded to DatinGay, other than your Profile (such as comments or email messages), may still appear on DatinGay following termination of your registration.
You can report any abuse or complain about Content on DatinGay by contacting us.You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of DatinGay, and expressly disclaim any liability for Content uploaded by you or by any other user.
Nothing in the Terms limits or excludes our liability for:
To the fullest extent permitted by law, DatinGay expressly excludes:
If we are sued as a result of your use of DatinGay then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of DatinGay, the uploading or submission of Content to DatinGay by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). DatinGay retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
DatinGay has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on DatinGay and provides that information on an "as is", "as available" basis. DatinGay does not give or make any warranty or representation of any kind about the information contained on DatinGay, whether express or implied. Use of DatinGay and the materials available on it is at your sole risk. DatinGay cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from DatinGay is free of viruses or other harmful components. You accept that DatinGay will not be provided uninterrupted or error free, that defects may not be corrected or that DatinGay, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. DatinGay is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms, you should stop using DatinGay immediately. Your continued use of DatinGay following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of DatinGay and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.
The Terms were last updated on: 1 January 2017.