TERMS AND CONDITIONS OF

GAY ELEGANCE

GAY ELEGANCE is an online subscription service (the "Service") owned and operated by MLB. These Terms and Conditions constitute a binding agreement (the "Agreement") by and between our company and persons who elect to become subscribers to the Service (the "Subscribers"). Consequently:

PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS PRIOR TO BECOMING A SUBSCRIBER TO GAY ELEGANCE.
  1. As a Subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement (the "Agreement"). This Agreement may be modified or amended by GAY ELEGANCE at any time, and changes are effective upon notice to each Subscriber. Notices by GAY ELEGANCE to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by mail.
  2. Subscribers will be charged a subscription fee for the Service, in accordance with GAY ELEGANCE's then-current billing terms. Except as otherwise provided herein, subscription fees are non-refundable.
  3. Until such time as this Agreement is terminated in accordance with its provisions, Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes GAY ELEGANCE to charge Subscriber's credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service.
  4. Subscriber agrees to immediately inform GAY ELEGANCE of any of the following changes in his/her/its credit card account: Change in home or billing address; card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to GAY ELEGANCE of same, Subscriber will remain liable to GAY ELEGANCE for any and all charges for unauthorized use of the Service .
  5. Subscriber's subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless GAY ELEGANCE is notified via email 3 days prior to membership expiration, or you may go here to cancel yourself automatically.
  6. Subscription to the Service may be terminated at any time, and without cause, by either GAY ELEGANCE or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone; provided, however, that subscription fees are NOT refundable when termination is requested by a Subscriber. Subscribers are liable for charges incurred by them until termination of service.
  7. This site has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items.
  8. Upon becoming a Subscriber to the Service, GAY ELEGANCE will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by GAY ELEGANCE in the form of a revocable license and remain the property of GAY ELEGANCE and constitute proprietary information and are the property of GAY ELEGANCE. IDs and passwords are non-tranferrable. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, GAY ELEGANCE will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law.
  9. Subscriber hereby swears and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age (21 in some jurisdictions) and has the legal capacity to enter into agreements of this nature.

  10. Under no circumstances, including, but not limited to, negligence, shall GAY ELEGANCE or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that GAY ELEGANCE is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to GAY ELEGANCE for the preceding twelve (12) months.

11. GAY ELEGANCE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFOMORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. GAY ELEGANCE, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, GAY ELEGANCE MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

12. Subscriber agrees to indemnify and hold harmless GAY ELEGANCE, BNR, its managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneysí fees) arising out of Susbscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or GAY ELEGANCE relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of the State of Virginia.
  1. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by GAY ELEGANCE, or is licensed under copyright by GAY ELEGANCE, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of GAY ELEGANCE.
  2. The Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
  3. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement.
  4. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
  5. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Subscriber hereby acknowledges and agrees that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
  6. Notices by GAY ELEGANCE to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.

19. This Agreement sets forth the full and complete understanding between Subscriber and GAY ELEGANCE with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by GAY ELEGANCE to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Virginia for contracts entered into and wholly performed within that State. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.