PlanetOut Partners USA, Inc. User Agreement

INTRODUCTION
We have updated our User Agreement. You are responsible 
for reviewing and becoming familiar with all of these 
new terms. Your use of the PlanetOut.com site and services 
(and your use of other sites operated or services performed 
by PlanetOut Partners USA, Inc.) following this 
notification constitutes your acceptance of these new 
terms of service, as well as the terms and conditions 
contained in the PlanetOut.com Privacy Policy 
(http://www.planetout.com/about/privacy/privacy.html) and 
the PlanetOut.com Community Guidelines 
(http://www.planetout.com/pno/myplanet/agreement.html). 
Our use of information you provide to us is governed by 
the PlanetOut.com Privacy Policy 
(http://www.planetout.com/pno/about/privacy/privacy.html). 
If you do not want the information you provided to us in 
the past used in the ways described in our Privacy Policy, 
please send us an email at optout@planetout.com.

PlanetOut Partners USA, Inc. (the "Company") currently provides 
online information, entertainment, shopping and communication 
services on the Web sites Gay.com ("Gay.com"), PlanetOut.com 
("PlanetOut"), Kleptomaniac.com ("Kleptomaniac"), 
OutandAbout.com ("Out & About") and in other locations 
(collectively, the "Network").  BY USING AND/OR REGISTERING TO 
BECOME A MEMBER OF THE NETWORK, YOU ARE STATING THAT YOU 
UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS 
OF THIS PLANETOUT PARTNERS USA, INC. USER AGREEMENT (THE 
"AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY.  IF YOU 
DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE 
THE NETWORK OR ANY SERVICES PROVIDED IN CONNECTION WITH THE 
NETWORK.

If you have any questions regarding this Agreement, please feel 
free to contact us at feedback@planetoutpartners.com. 

SERVICES
To use the Network, you do not have to register to become a 
PlanetOut, Gay.com, Kleptomanaic.com or OutandAbout.com member 
("Member").  As a Member, however, you will have access to 
various services to which non-Members do not have access, 
some of which will enable you and other Members to interact 
with each other ("Member Areas").  These Member Areas include, 
without limitation, the following:

* Gay.com or PlanetOut Member Profiles
* Gay.com or PlanetOut Messenger
* Gay.com or PlanetOut Message Boards
* Gay.com or PlanetOut Chat
* Gay.com Video Chat
* Gay.com or PlanetOut Personals
* Gay.com or PlanetOut Polls 
* Gay.com, PlanetOut or Kleptomaniac Newsletters
* Gay.com or PlanetOut Member Email
* Gay.com or PlanetOut Member Reviews

If you would like to register to become a Member, please complete 
the membership registration form for the appropriate web site.  
You agree to (a) provide true, accurate, current and complete 
information as prompted by the registration form and (b) maintain 
and update such information to keep it true, accurate, current, 
and complete at all times. If any information provided by you 
on the registration form is untrue, inaccurate, not current, 
or incomplete, or if we have reasonable grounds to so believe, 
we have the right to suspend or terminate your membership and 
to refuse to provide you with any future membership. If we have 
reason to believe that you have registered someone other than 
yourself, we will cooperate with any law enforcement 
investigation that may result from such misrepresentations 
and shall have the right, in our sole discretion, to disclose 
any information you provided to us in connection with such 
registration.

The Company makes a good faith effort to prohibit registration 
as a Member by, and will not knowingly collect or store 
personal information from, children under the age of 13.

We reserve the right to modify or discontinue, temporarily or 
permanently, the Network (or any part thereof) with or without 
notice. You agree that the Company shall not be liable to you 
or to any third party for any such action.

FEES
We reserve the right at any time to charge fees for access to 
new Network content or services or to portions of the existing 
Network content or services or to the Network as a whole.  In 
no event will you be charged for access to any Network content 
or service, or to the Network as a whole, unless we obtain your 
prior agreement to pay such charges.  If you do not consent to 
such charges, however, you may not have access to paid content 
or services.

NETWORK RULES 
Following are some basic rules that apply to the Network and 
that you agree to follow. If you violate any of the Network 
rules, or if we have reasonable grounds to so believe, we have 
the right to deny you access to the Network, to suspend or 
terminate your membership and to refuse to provide you with 
any future membership.

You agree not to use the Network to:

- upload, store, post, email or otherwise transmit any: (a) 
material that is inaccurate, unlawful, harmful, threatening, 
abusive, harassing, tortuous, defamatory, vulgar, obscene, 
libelous, invasive of another's privacy, hateful, racist, 
bigoted or otherwise objectionable, (b) material that you 
do not have a right to transmit under any applicable law or 
under contractual or fiduciary relationships, (c) material 
that infringes any patent, trademark, trade secret, copyright 
or other proprietary right of any party, (d) advertising, 
promotional materials, junk mail, spam, chain letters, pyramid 
schemes, or any other form of solicitation, except where 
specifically permitted, or (e) material that contains software 
viruses or any other computer code, files or programs designed 
to interrupt, destroy or limit the functionality of any computer 
software or hardware or telecommunications equipment;

- connect in an unauthorized manner (i.e., by means other than 
the chat and/or messenger clients provided by the Company) to 
the chat environment the Company provides for use by its Members 
on the Network or facilitate such unauthorized connections 
through the provision of software or other computer code 
specifically designed to allow a user to make such unauthorized 
connections to the Company's chat environment;

- copy, modify, create a derivative work of, reverse engineer, 
reverse assemble or otherwise attempt to discover any source 
code of the chat and/or messenger clients or any other software 
the Company provides for use by its Members;

- impersonate any person or entity or falsely state or otherwise 
misrepresent your affiliation with a person or entity;

- forge headers or otherwise manipulate identifiers in order 
to disguise the origin of any material transmitted through the 
Network;

- disrupt the normal flow of dialogue, cause a screen to scroll 
faster than other users of the Network are able to type (e.g., 
"flooding" chat), or otherwise act in a manner that negatively 
affects other users' ability to engage in real time exchanges;

- interfere with or disrupt the Network or servers, networking 
and computing equipment or networks connected to the Network, or 
disobey any requirements, procedures, policies or regulations of 
networks connected to the Network;

- initiate, facilitate, participate in or distribute a denial of 
service attack, exploit any documented or undocumented vulnerability 
in the Network and its component networking or computing equipment, 
or otherwise initiate, facilitate, or participate in any malicious 
action aimed at the Network;

- try to gain access to areas that are private to the Company or 
to other Network users;

- violate any applicable local, state, national or international 
law or any regulation having the force of law;

- stalk or otherwise harass another;

- harm minors in any way, including, without limitation, to 
establish unlawful contact with minors (whether on or off the 
Network);

- collect, intercept or harvest screen names; collect, intercept 
or store personal data about other users of the Network; or 
solicit or attempt to discover a user's password, screen name, 
or other registration information without the user's express 
knowledge and consent;

- engage in or run raffles, lotteries, contests, or sweepstakes;

- promote or provide instructions or information about how to engage 
in illegal conduct or commit illegal activities, promote physical 
harm or injury, or promote any illegal act; or

- store any information or use any Web page or directory you create 
on or through the Network as storage for remote loading or as a 
door or signpost to another Web page, whether inside or outside 
the Network.

You acknowledge that we do not pre-screen material posted or 
transmitted on the Network, but that we and our designees shall 
have the right (but not the obligation) in our sole discretion 
to review and edit, delete or refuse to post any material submitted 
for display or placed on the Network, including but not limited 
to message board posts, profiles, images, personals, and reviews.  
Without limiting the foregoing, we and our designees shall have 
the right to remove any material that violates this Agreement, 
that we believe in good faith may create liability for us, or 
that we deem is otherwise objectionable.  You acknowledge and 
agree that we may preserve material and may disclose material 
if required to do so by law or in the good faith belief that 
such preservation or disclosure is reasonably necessary to: 
(a) comply with legal process; (b) enforce this Agreement; 
(c) respond to claims that any material violates the rights 
of third parties; or (d) in our sole judgment, protect the 
rights, property, or personal safety of the Company, 
its users or the public.

PRIVACY 
Our Gay.com Privacy Policy states in full our policy regarding 
Gay.com Member privacy and out PlanetOut.com Privacy Policy 
states in full our policy regarding PlanetOut.com Member 
privacy; see the applicable document for more details. 

PUBLIC AREAS
A Public Area ("Public Area") of the Network is any area where 
you may submit material ("Submissions") for viewing by others 
or view Submissions of other users, such as bulletin boards, 
forums, personals, Member profiles, chat rooms or video chat 
rooms. In some of these areas, a Submission includes the name, 
ID, nickname, and/or other information that would be displayed 
with the submitted material, as applicable. You agree to use 
Public Areas in accordance with this Agreement and any policies 
for the Public Areas that are displayed on the Network. 

BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO 
INDEMNIFY THE COMPANY AND HOLD IT HARMLESS FROM ANY 
AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS 
FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT 
INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION. 

By making a Submission to any Public Area, you automatically 
grant the Company the royalty-free, perpetual, irrevocable, 
nonexclusive right and license to use, reproduce, modify, 
adapt, publish, translate, publicly perform and display and 
distribute the content of the Submission (in whole or in part) 
worldwide and/or to incorporate it in other works in any form, 
media, or technology now known or hereafter developed. You 
also permit any other user of the Network to access, view, 
store, or reproduce the Submission for that user's personal use. 

LINKS
Our provision of a link to any other site or location is for 
your convenience and does not signify our endorsement of such 
other site or location or its contents. The Company shall 
not be responsible for any information, software, or links 
found at any other World Wide Web site, Internet location, 
or source of information, for your use of such information,
or for e-commerce transactions conducted at or through 
any linked site or location. 

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE NETWORK, 
INCLUDING, WITHOUT LIMITATION, ANY MATERIAL AND/OR 
DATA DEVELOPED BY THE COMPANY OR BY THIRD PARTIES 
("INFORMATION PROVIDERS"), IS AT YOUR SOLE RISK. 
THE NETWORK, AND ANY CONTENT OR MATERIALS AVAILABLE 
THROUGH THE NETWORK, IS PROVIDED ON AN "AS IS" 
AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF 
ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE 
COMPANY AND THE INFORMATION PROVIDERS HEREBY 
EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, 
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR 
PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY 
AS TO RESULTS THAT MAY BE OBTAINED THROUGH USE 
OF THE NETWORK.  THE COMPANY DOES NOT REPRESENT 
OR WARRANT THAT THE NETWORK WILL FUNCTION WITHOUT 
INTERRUPTION, THAT THE NETWORK IS ERROR- OR 
DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL 
BE CORRECTED, OR THAT THE NETWORK AND THE SERVER(S) 
THAT MAKE THE NETWORK AVAILABLE ARE FREE OF VIRUSES 
OR OTHER HARMFUL COMPONENTS.  NO ADVICE OR INFORMATION, 
WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM 
THE COMPANY OR OTHERWISE THROUGH YOUR USE OF THE 
NETWORK SHALL CREATE ANY WARRANTY ON THE PART OF 
THE COMPANY OR THE INFORMATION PROVIDERS.  FURTHER, 
THE COMPANY AND THE INFORMATION PROVIDERS DO NOT 
WARRANT OR REPRESENT THAT THE USE OR THE RESULTS 
OF THE USE OF ANY CONTENT OR MATERIALS MADE 
AVAILABLE THROUGH THE NETWORK OR FROM THIRD 
PARTIES WILL BE CORRECT, ACCURATE, TIMELY, 
RELIABLE OR OTHERWISE.

LIMITATIONS ON LIABILITY 
IN NO EVENT SHALL THE COMPANY, THE INFORMATION 
PROVIDERS OR ANY OTHER PERSON OR ENTITY INVOLVED 
IN CREATING OR DISTRIBUTING THE NETWORK BE LIABLE 
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL 
OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND 
UNDER ANY THEORY OF LIABILITY (INCLUDING, 
WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE 
AND STRICT LIABILITY, BREACH OF CONTRACT OR 
BREACH OF WARRANTY), THAT RESULT FROM YOUR USE 
OF OR INABILITY TO USE THE NETWORK, ANY CHANGES 
TO THE NETWORK OR THIS AGREEMENT, UNAUTHORIZED 
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS 
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED 
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS 
ENTERED INTO THROUGH THE NETWORK.  THE COMPANY 
IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, 
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL 
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY 
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING 
INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE 
DISSATISFIED WITH THE NETWORK OR THE SERVICES, 
CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE 
NETWORK, YOUR SOLE AND EXCLUSIVE REMEDY IS TO 
DISCONTINUE USING THE NETWORK.  THE FOREGOING 
LIMITATIONS ON LIABILITY SHALL BE APPLICABLE 
EVEN IF THE COMPANY OR THE APPLICABLE THIRD 
PARTY KNEW OR SHOULD HAVE KNOWN OF THE 
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING 
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED 
REMEDY.  SOME JURISDICTIONS DO NOT ALLOW THE 
EXCLUSION OR LIMITATION OF INCIDENTAL OR 
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION 
OR EXCLUSION MAY NOT APPLY TO YOU.

ALLOCATION OF RISK 
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, 
LIMITATIONS ON LIABILITY, AND INDEMNIFICATION 
PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT 
AN AGREED UPON ALLOCATION OF RISK AND FORM AN 
ESSENTIAL PART OF THE BASIS OF THEIR BARGAIN, 
WITHOUT WHICH THE COMPANY WOULD NOT ENTER 
INTO THIS AGREEMENT OR PROVIDE THE NETWORK.

OWNERSHIP OF MATERIALS
The contents of the Network, including text, software, 
photos, graphics and all other audiovisual elements are 
copyrighted by the Company individually and as a collective 
work under the United States copyright laws. Except for 
material in the public domain, the Company and its 
licensors hold copyrights to all content appearing on 
the Network. The Company permits, without charge, the 
reproduction and distribution of PlanetOut materials 
contained on the Network for non-commercial educational 
and personal uses only, provided that such materials 
remain unaltered and are accompanied by a clearly visible 
copy of any copyright notice appearing on such materials. 
All other reproduction, distribution, retransmission, 
modification, public display, and public performance 
of such materials is prohibited without the prior written 
consent of the Company.  To obtain such consent, contact:

Copyright Administrator
PlanetOut Partners USA, Inc.
P.O. Box 500
San Francisco, CA  94104-0500
Fax:   (415) 834-6502
E-mail:copyright@planetoutpartners.com

REMOVAL OF MATERIAL FOR WHICH 
COPYRIGHT INFRINGEMENT IS CLAIMED

The Company respects the intellectual property rights of others. 
Pursuant to Title 17 U.S.C. § 512, as amended by Title II 
of the Digital Millennium Copyright Act (the "Act"), the 
Company has implemented procedures for receiving written 
notification of claimed copyright infringements and for 
processing such claims in accordance with the Act. If you 
believe your copyrights are being infringed by a PlanetOut.com 
or Gay.com Member, please fill out a Notice of Infringement 
Form (http://www.planetoutpartners.com/dmca.doc) and fax or 
mail it to the following agent of the Company 
for notice of claims of copyright infringement:

Copyright Administrator
PlanetOut Partners USA, Inc.
P.O. Box 500
 
San Francisco, CA 94104-0500
Fax: (415) 834.6502
E-mail: infringement@planetoutpartners.com

The information requested by the Notice of Infringement Form 
substantively complies with 17 U.S.C. § 512(c)(3)(A), 
which provides:

To be effective under this subsection, a notification of 
claimed infringement must be a written communication provided 
to the designated agent of a service provider that includes 
substantially the following:

(i)	A physical or electronic signature of a 
	person authorized to act on behalf of 
	the owner of an exclusive right that 
	is allegedly infringed.
	

(ii)	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.
	

(iii)	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.
	

(iv)	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.

	
(v)	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.
	

(vi)	A statement that the information in the 
	notification is accurate, and under penalty 
	of perjury, that the complaining party is 
	authorized to act on behalf of the owner 
	of an exclusive right that is allegedly 
	infringed.

Notification from a copyright owner or from a person authorized 
to act on behalf of the copyright owner that fails to comply 
substantially with the provisions above shall not be considered 
as providing actual knowledge or an awareness of facts or 
circumstances from which infringing activity is apparent.

Please provide a Notice of Infringement Form each time you wish 
to report alleged acts of infringement.
Please note that the Company will, in appropriate circumstances, 
terminate the account of any Member who repeatedly posts 
infringing material on the Network.

INDEMNIFICATION 
You agree to hold harmless the Company, its Information Providers 
and any other person or entity involved in creating or distributing 
the Network, as well as each of their respective parents, 
affiliates or subsidiaries and their respective directors, 
officers, employees and agents, from and against any and all 
claims, liabilities, damages, losses, costs, fees (including 
reasonable attorneys' fees) and expenses that such parties 
may incur as a result of or arising out of your (or, in the 
case of Members, anyone using your account's) use of, or 
conduct with respect to, the Network.

CHOICE OF LAW/JURISDICTION AND VENUE
You agree that the laws of the State of California and the United 
States will apply to all matters relating to this Agreement, as they 
would to agreements made and entered into entirely in California by 
California residents, notwithstanding your actual place of residence.  
You agree that all lawsuits arising out of this Agreement shall be 
brought exclusively in the Federal or State courts located in the 
Northern District of California, San Francisco County, and you hereby 
irrevocably submit to the exclusive personal jurisdiction of such 
courts for such purpose.

MODIFICATION OF AGREEMENT
You agree that the Company may change the terms and conditions of 
this Agreement, unilaterally, and at any time, by conspicuously 
posting notice of such change on the Network for a period of five 
(5) consecutive days. Continued use of the Network after such notice 
will constitute your acknowledgment and acceptance of the revised 
terms and condition.

GENERAL
This Agreement contains the complete and final statement of the 
understanding between you and the Company with respect to the 
subject matter of this Agreement and supersedes any and all 
prior or contemporaneous negotiations, agreements or communications, 
whether written or oral, between you and the Company concerning 
the subject matter of this Agreement. If any provision of this 
Agreement is rendered by a court or governmental agency of 
competent jurisdiction to be invalid, illegal, or unenforceable, 
such invalidity, illegality or unenforceability shall not affect 
the remainder of this Agreement which shall remain in full force 
and effect and be enforced in accordance with its remaining terms. 
The waiver by the Company of a breach or default of any of the 
provisions of this Agreement by you shall not be construed as a 
waiver of any succeeding breach of the same or other provisions; 
nor shall any delay or omission on the part of the Company to 
exercise or avail itself of any right, power or privilege that 
it has or may have hereunder operate as a waiver of any breach 
or default by you. You agree that, regardless of any statute or 
law to the contrary, any claim or cause of action that you may 
have arising out of or related to use of the Network or this 
Agreement must be filed within one (1) year after such claim or 
cause of action arose or be forever barred. The section titles 
in this Agreement are solely used for convenience and have no 
legal or contractual significance. All provisions of this 
Agreement that, by their nature, survive termination of this 
Agreement will survive termination including, without limitation, 
the Site Rules, Public Areas, Links, Disclaimer of Warranties, 
Limitations on Liability, Allocation of Risk, Ownership of 
Materials, Indemnification, Choice of Law/Jurisdiction and Venue 
and General sections of this Agreement.