Terms of service
This service is for adults only (you must be at least 18 years old).
The gymbrella.com service Singles Social Portal is a way for adults to meet each other online.
This is a legal agreement ("Agreement") between you and gymbrella.com, Inc. Please read the Agreement carefully before registering for the gymbrella.com service. By registering for gymbrella.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the gymbrella.com service.
The Terms are subject to change by gymbrella.com, Inc. at any time, without notice, effective upon posting of a link to same on our website (gymbrella.com). Minors (under 18 years old) may not become members. When you register, and from time to time thereafter, gymbrella.com, Inc. will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Either you or gymbrella.com, Inc. may terminate your gymbrella.com membership at anytime, for any reason, effective upon sending written notice to the other party. gymbrella.com, Inc. reserves the right to immediately suspend or terminate your access to the gymbrella.com service, without notice, upon any breach of this Agreement by you which is brought to gymbrella.com, Inc.'s attention.
Your membership in the gymbrella.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
Online/Mobile Conduct
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the gymbrella.com service, or transmit to other gymbrella.com Members.
There is no tolerance for objectionable content. You will NOT post on the gymbrella.com service, or transmit to other gymbrella.com members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the gymbrella.com service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. gymbrella.com, Inc. reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other gymbrella.com members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other gymbrella.com members. gymbrella.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other members. Any infraction may lead to legal remedy on behalf of gymbrella.com, Inc.
Indemnity by Member
You will defend, indemnify, and hold harmless gymbrella.com, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the gymbrella.com Service, including, but not limited to, any breach by you of the terms of this Agreement.
Online Content
Opinions, advice, statements, offers, or other information or content made available through the gymbrella.com service are those of their respective authors and not of gymbrella.com, Inc., and should not necessarily be relied upon. Such authors are solely responsible for such content. gymbrella.com, Inc. does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will gymbrella.com, Inc. be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the gymbrella.com Service, or transmitted to gymbrella.com members.
WARNING - PLEASE READ: It is possible that other gymbrella.com members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the gymbrella.com Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. gymbrella.com, Inc. is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the gymbrella.com service or release to others.
gymbrella.com, Inc. reserves the right, but has no obligation, to monitor the materials posted in the public areas of the gymbrella.com Service. gymbrella.com, Inc. shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of gymbrella.com, Inc., you remain solely responsible for the content of the materials you post in the public areas of the Service and your private email messages. Emails sent between you and other gymbrella.com members that are not readily accessible to the general public will be treated as private by gymbrella.com, Inc. to the extent required by applicable law.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the code of conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may transmit or record to the Service or send to the users of the Service.
Proprietary Rights
gymbrella.com, Inc. owns and retains other proprietary rights in the gymbrella.com Service. The Service contains the copyrighted material, trademarks, and other proprietary information of gymbrella.com, Inc. and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of gymbrella.com, you automatically grant, and you represent and warrant that you have the right to grant, to gymbrella.com, Inc. and other gymbrella.com members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Information Supplied by Member
Except as provided otherwise in gymbrella.com's privacy policy, gymbrella.com, Inc. will keep confidential all information supplied by you to gymbrella.com, Inc., including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
Mobile Fees and Payments
Any questions or disputes regarding billing, fees or payments should be addressed to your third party mobile phone service provider.
Disclaimer of Warranty
gymbrella.com, Inc. provides the gymbrella.com Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with the Service or in connection with any communication with gymbrella.com, Inc. or its representatives, or otherwise with respect to the Service. gymbrella.com, Inc. specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. gymbrella.com, Inc. does not warrant that your use of the gymbrella.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. gymbrella.com, Inc. disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.
Limitation of Liability
In no event will gymbrella.com, Inc. be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the gymbrella.com Service, even if gymbrella.com, Inc. or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, gymbrella.com, Inc's. liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to gymbrella.com, Inc. for the Service during the term of membership.
In addition, gymbrella.com, Inc. disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the gymbrella.com Service.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
General Provisions
You agree that Florida law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Florida, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Florida in connection with the Service or this Agreement. This Agreement, accepted upon registering for the gymbrella.com Service, contains the entire agreement between you and gymbrella.com, Inc. regarding the use of the Service. This Agreement may only be amended upon notice by gymbrella.com, Inc. to you, or by a writing signed by you and an authorized official of gymbrella.com, Inc. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Refund Policy
gymbrella.com will issue a refund within 72 hours of an initial subscription provided that none of the Services have been utilized. Beyond these conditions, requests for refunds will be at the sole discretion of gymbrella.com and will be reviewed on a member to member basis.
Copyright Policy
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
