Welcome to the biggest, baddest and best LGBT media website in the entire uni-verse: Unicorn Booty!
We like to play fair, and you should to. It is essential that we outline the rules and expectations governing this website, so please read user agreement before using and interacting this wonderful website. By continuing to use UnicornBooty.com (“UB”), you agree to abide by the conditions of this agreement.
We are a community, first and foremost. If you are not respectful, you will be banned. Plain and simple. Below these Terms, you will find out Community Guidelines. By continuing to use UnicornBooty.com, you agree to abide by these guidelines. Also, anything posted in the comments section are solely the opinion of the writer and not necessarily that of UB. In addition, content contributed by guest writers and contributors are the opinions of the author and not necessarily those of UB. Some content is Sponsored, and will be under “Today’s Partner.” Some links may be affiliate links.
We also reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing the Terms. Your continued use of the Site and Services constitutes your agreement to all such Terms.
Big love and Booty,
Nick, Kevin and the UB Team
1. Agreement to Our Terms. Welcome to Unicorn Booty! (“Site”). By using this Site, you agree to be bound by all of the terms of this Agreement and by our Commenting Guidelines. The Site is currently free to all users. We reserve the right to change the terms of this Agreement or to modify any features of this Site at any time. By registering for this Site and/or continuing to use this Site after the posting of Notices regarding such changes, you agree to be bound by such changes.
2. Commenting Guidelines. By using our Site, you represent that you have read and agree to abide by the following UnicornBooty.com Commenting Guidelines. UB welcomes user comments on our stories and posts. However, don’t be a troll! Trolls will be banned and sent to the virtual shredder.
Comments should be used by our readers as a forum for civil, respectful, thought-provoking and high-quality public discussion. Please register for an account using your real name – this helps deliver accountability for comments’ content. UB may remove postings that use foul language, personal attacks, libelous attacks, or words inciting hate or sexual harassment — however, removal of such comments at our discretion alone. User comments may be reviewed by moderators and may be included or excluded at our discretion. Excessive commenting, mean spirited, hateful or personal attacks will not be tolerated in any form.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
You are also responsible for all statements or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
3. Our content is copyrighted, in all media, forever. This Site (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Site. We reserve the right to take legal action against anyone who posts our content without permission.
4. Don’t steal our content! (a) Except for content you have posted on the Site, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may download material from this Site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. For more information on our Rights & Permissions policy, please email nick [at] unicornbooty [dot] com. Using our RSS feed to re-post our content is expressly forbidden, and re-posting any post in its entirety is not allowed without our express written permission.
(b) Why you can’t steal our content. We’ve designed UB to beautifully present our content in an appearance that is consistence and easy to use. Unauthorized uses of our content means that we cannot control its presentation, because it is viewed in a setting created by a third party that includes advertising or other materials that we have not expressly authorized. Neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of our rights, including copyright that has not been authorized by us.
(c) Respecting other people’s copyrights. Just as we require our readers to respect our copyrights, we also strive to always respect the copyrights of others. We always link back to original stories, and post the photographer’s name whenever possible on images. If you believe in good faith that we have infringed on your copyrighted work, please see our Notice of Takedown Procedure at the end of this document.
5. Subscriptions. At the moment, UB.com is a free service, supported by ads. (Please support our sponsors!) If we do begin to charge for content, we will post said charges on our homepage.
6. We are not liable. You agree to indemnify and hold harmless UB.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or our Community Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. What you see is what you get. This Site is available “as is.” We cannot guarantee anything about the site. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Site. We are not responsible for the availability or content of other Sites that may be linked to this Site. Third party links are out of our control. Like the Internet in general, use your best judgement when clicking! We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Site or any information or goods that are available or advertised or sold through this Site.
We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Site or available though links in this Site. We reserve the right to correct any errors or omissions in this Site but are under no obligation to do so. We do not guarantee or warrant that this Site or materials that may be downloaded from this Site do not contain viruses, worms or other destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Site and any materials available through this Site, you do so solely at your own risk.
8. AGAIN, WE ARE NOT LIABLE! UNICORNBOOTY.COM, ITS PARENT COMPANY, AND ANY AFILLIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THIS Site OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THIS Site (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THIS Site.
9. All disputes are brought forth in King County, Washington. This Agreement shall be governed by the laws of the United States and the State of Washington. If you have a problem, all disputes connected with the Site or this Agreement shall be resolved individually, according to the laws of the State of Washington, without resort to any form of class action, by the appropriate court located in the State of Washington. Any action to enforce this Agreement shall be brought in the federal or state courts located in King County, Washington. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
10. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
14. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
16. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
17. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the WA, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of WA, by accessing this site both of us agree that the statutes and laws of the State of WA, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of WA with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at Skyfish Media LLC 1425 Broadway #427 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
19. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
21. Contact Information
Terms and Conditions of Sale
1. Sale and Purchase of Goods
Skyfish Media LLC (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
Everything on this site is the sole opinion of each post’s writer, and may or may not represent the views of the company. We take no responsibility for taking words or content out of context, and the onus is on the user to be a responsible, analytical and intelligent consumers of content.
The warranty shall last for 1 second..
The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Virginia, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Virginia and hereby waives any objection to such jurisdiction and venue.
Skyfish Media LLC (“We” or “Us” or “Our”) offers the use of its blogging and message board services (along with the content posted thereon, the “Services”) subject to the terms and conditions of use (the “Terms”) contained herein. All references herein to “We,” “Us,” or “Our” are intended to include Skyfish Media LLC and any other affiliated companies. By accessing, creating or contributing to any blogs or messages hosted by us (the “Blog”), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.
1. Disclaimer of Company Responsibility for Blog Content
You understand that all content posted to the Blog (the “Content”) is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 (“minor children”) through the Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.
6. Unauthorized Use of Materials
7. Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
8. Disclaimer of Warranties
9. Limitation of Liability
10. Acceptance and Acknowledgement of Terms
We pride ourselves in a direct, open and respectful community. We encourage comments, especially those that add to the dialogue by being constructive, positive, civil, respectful, and intelligent.
Some core tenets:
- Give the benefit of the doubt and don’t always assume the worst of people — other commenters included.
- Respect that other people have different points of view, opinions, and life paths. Respect the time they took to leave a comment.
- Trolls are not welcome, so don’t be one! If you’re feeling troll-y, step away from the computer and go outside for goodness sakes! And if you encounter a troll, do not engage. Feeding trolls only makes them stronger. Walk. Away.
- Keep it legal. Don’t get yourself into trouble by defaming others, posting porn, ticket scalping, plotting illegal activities, or posting other people’s private information.
- Use common sense, as this is a public forum and we reserve the right to not delete comments that you regret posting.
- Keep it civil, as discriminatory and derogatory dialogue is not accepted. We do not tolerate offensive behavior based on: race, colour, ethnicity, nationality or physical characteristics; gender or sexual orientation; religion or non-religious viewpoints (i.e. secular humanism, atheism); political opinion; socio-economic status; age; physical, mental or intellectual disability/impairment; the ways people express themselves (this is a global community, with many different cultures!)
- Do not defame, harass or be an ass. We’re just repeating that for good measure.
- Do not respond to every comment in a thread. We encourage insightful discourse and love to see readers’ responses. But replying to nearly every comment in a thread is the equivalent of talking over everyone else in the room. Say your peace and then sit back. Excessive and repeated comments will be deleted at our discretion.
- Don’t mistake your own differing opinion for license to troll. We get it. You disagree. That’s not an invitation to reply to ten people who DO agree with us, or push your view on our readers.
- Also, no advertising, spam or impersonating another person. You can’t use this website to promote a commercial business or personal/commercial website. Comments designed to only promote yourself, or drive traffic to your website, are not allowed. If you’re smart enough to read Unicorn Booty, you are smart enough to come up with a viable marketing strategy!
- Profanity is generally discouraged. We have a wide cross-section of people on this website, so just remember that even if you don’t find it offensive, others might! That being said, if something really triggers a big response in you, go for it. Just remember that we reserve the right to remove any excess profanity, lewd comments or other inappropriate content – and we can see who you are, even if other members can’t!
- Social media is also a community forum, so our Guidelines and Terms apply there as well. We reserve the right to remove any content that we deem inappropriate or that could be found offensive by other members of our social media communities.
- Emails to Unicorn Booty are not considered private, so please think about what you write before pressing that send button!
We are as transparent when it comes to how, why and where we use your information.
We strive to protect your information; however, it is not always possible to protect our website from dedicated and savvy hackers and unsavory individuals. So please use caution and never reveal private information to anyone on the site!
Information Collection: We track how our visitors use this site so that we can see what people like and don’t like. We also analyze and aggregate information about use patterns and share the aggregated data with our advertisers (for example, we keep track of how many users see and click on particular advertisements). We may also collect personal information about you via registration for newsletters, commenting, donations, membership and other areas. Where you have an opportunity to supply information about yourself you may chose not to provide requested information but in such cases you may not be able to use certain functions on this website.
We will not release your name, e-mail address or any other personal information to anyone outside UB without your consent, unless we are under a legal order to do so, or there is an emergency involving danger to a person or property. We will not provide our advertisers or anyone else outside UB with any information specific to you unless we have your consent.
If you chose to provide your personally identifiable information for the purposes of a third-party contest, survey or newsletter, your consent shall be deemed to be given for the release of your personally identifiable information with regard to that third party only, in addition to UB. Only authorized UB employees or consultants are allowed access to personal information about you. Any employee or consultant who violates our privacy and security policies is subject to disciplinary action.
We occasionally have service contractors, third party agents, subsidiaries, affiliates, and joint ventures that perform functions on our behalf, including but not limited to credit card processing and website hosting. They have access to personal information needed to perform their functions, and are contractually obligated to maintain the confidentiality and security of the data. They are restricted from using or altering this data in anyway other than to provide the requested services to UB. In addition, we may always share, disclose, and transfer all information, postings, and any and all other personal and non-personal information we have collected to a successor-entity in the case of the sale of the assets of Unicorn Booty, corporate reorganization, merger, change in control, or other similar transaction.
We consider our e-mail accounts to be public areas, as they are publicly visible and available for the world to see and use. As such, we reserve the right to republish your email in full or in part, including your email address. We take this responsibility very seriously, and will only republish emails that we deem particularly newsworthy, offensive or otherwise necessary to the mission of the Unicorn Booty site to provide news, culture and commentary to the LGBT community and their allies.
Use and Disclosure of Anonymous Information: Anonymous Information is any information other than Personally Identifiable Information, including aggregate information derived from Personally Identifiable Information.
UB may use this information:
- To improve the UB website and service, to monitor traffic and general usage patterns, and for other general business purposes.
- To inform publishers as to what content is appealing to readers, to inform advertisers of the usage habits or characteristics of the interested audience, and to advise potential donors so that they may better understand UB’s user base.
Cookies: A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Each web site can send its own cookies to your browser if your browser’s preferences allow it, but (to protect your privacy) most browsers only permit a web site to access the cookies that the same web site has already sent to you, not the cookies sent to you by other sites.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags to measure advertising effectiveness. All computers and servers on the Internet use IP addresses to recognize and communicate with each other. We collect IP addresses to administer and analyze our site and report aggregate, non-personal information (such as how many visitors we have). When you call up our site on your computer, our servers enter the IP address of that computer into a log. To maintain our users’ anonymity, we do not associate IP addresses with records containing personal information.
Security: UB employs a number of security methods designed to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. Your personal data will be stored within a database that is located behind a firewall for added security. We work tirelessly to prevent an embarrassing and potentially harmful release of private data; however, we cannot guarantee the security of any information stored on our servers.
No data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. We are not liable for the illegal acts of any third party.
We do not encrypt normal web sessions, however any transmission to the UB website or service of credit card information uses SSL encryption to help protect the data.
Links to Other Sites: We link to other websites as part of our everyday editorial. UB provides these links as a convenience to users, but it does not operate or control such sites. UB also disclaims any responsibility for the information on those sites and any products or services offered there, and cannot vouch for the privacy policies of such sites. UB does not make any warranties or representations that any linked sites, or this site, will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses and other problems that can harm your computer.
Regarding corrections related to unique content which UB, or its contributors, generated, we work on a case-by-case basis. To request a correction, please e-mail the URL, story name, and alleged inaccuracy/desired correction to booty [at] unicornbooty [dot] com.
We aim to respond to these quickly, but sometimes we get busy so please be patient!
Children: UB is not directed to children (persons under the age of 13), and we do not knowingly collect, either online or offline, Personally Identifiable Information from children. If you believe that we have received information from a person under 13, please contact us at booty [at] unicornbooty [dot] com.
DMCA NOTICE AND TAKEDOWN PROCEDURE:
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices, making it as straightforward as possible to submit claims while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of Unicorn Booty will comply with applicable copyright laws. However, if we receive proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or possibly terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Unicorn Booty’s Designated Agent to receive notification of alleged infringement under the DMCA is:
nick [at] unicornbooty [dot] com
Physical Mail: 1425 Broadway #427 Seattle, WA, 98122
Upon receipt of proper notification of claimed infringement, UB will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Registered Agent (listed above) the following information in a written communication (overwhelmingly preferably via email):
- Identification of the copyrighted work claimed to have been infringed, or, if 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 us to locate the material – a URL is sufficient, in addition to description of content;
- Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I have 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”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringment may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide the Registered Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]“;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unicorn Booty will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Unicorn Booty will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that we determine are reasonable under the circumstances.