GauchoGuys Terms of Service and Privacy Policy

0. Contact

Contact us, email: s1nd4id2nsad4u4t2kdhj0qnav4lf@proton.me

Please read the TOS prior to contacting us.


NOTE: Too many requests have been made to delete reviews that the user regretted making. We were lenient in removing these at first, but from now on, we will only remove reviews that go against guidelines. Otherwise, you will be required to claim the account and take it down yourself. Future requests like this will be ignored.

1. Introduction

This policy is issued by GauchoGuys.com, referred to herein as "we," "us," "GauchoGuys," or "our."

Welcome to GauchoGuys.com, we are a platform that revolutionizes dating in Isla Vista by putting the power back in women's hands; our platform offers an anonymous experience for women to share insights about Isla Vista men to stay safe, do proper research, and share their experience with others. By using our services, you agree to abide by the following Terms of Service and Privacy Policy. If you do not agree with these terms, you should not use the platform. We reserve the right to modify these terms at any time, so please review them periodically.

2. Protocol for Submitting a Cease and Desist Letter

If you wish to submit a cease and desist request, please email the PDF with the subject line “[LEGAL]”. Be sure to specify the law you believe is being breached and include details of the specific violation. We are open to addressing niche legal concerns that may have been overlooked. We encourage you to read the entire Terms of Service before submitting any requests.

3. Not Subject to GDPR or CPRA

We are NOT subject to the General Data Protection Regulation (GDPR) as we do not operate within the European Union.

We are NOT subject to the California Privacy Rights Act (CPRA), as we do not meet any of the following criteria:

SEE HERE

4. No Affiliation with UCSB

GauchoGuys is not affiliated with the University of California, Santa Barbara (UCSB). The use of the term "Gaucho" refers to the traditional Argentinian horseman and is not related to the university.

5. Legal Precedents

We draw inspiration from platforms such as the Lulu app, which allowed women to rate men anonymously, and RateMyProfessor, which allows students to leave reviews without mandatory sign-ins. Both platforms have established precedents for anonymous reviews and defamation management.

6. Clause Against Doxxing

We take doxxing seriously. Users are prohibited from exposing personal identifying information in reviews or on profiles. Reviews must be based solely on the information a user already knows. GauchoGuys will not provide missing details or assist in finding profiles based on incomplete data.

We do not publicly disclose PII that the user does not already know.

7. Proximity Restrictions

Your IP address must be in the Isla Vista area for you to use the platform, otherwise it is prohibited use. Services may be rejected otherwise.

8. Community guidelines: Speech and Unprotected Speech

We respect your right to free speech. However, reviews that include unprotected speech, violate community guidelines, or are flagged for defamation risk will be removed. Reviews may NOT:

if you believe that a review violates the guidelines, report it via the email at the top of this page.

By submitting a review, you confirm that your statement is truthful and accurate. Your review will be recorded along with the submission date and your IP address for verification purposes in the event of an investigation.

9. CalOPPA Compliance

California Online Privacy Protection Act (CalOPPA) only applies to personally identifiable information (PII) collected from users, not to data submitted by users about other individuals. We collect the following information:

This data will not be shared or sold to third parties. However, it may be disclosed to government officials if required by law.

10. Review Removal and Account Claiming

Users who wish to remove reviews that violate guidelines may request a free review removal. Alternatively, users may pay to claim their account, which grants the ability to remove any review.

11. Limitation of Liability

GauchoGuys is not liable for any damages arising from the use or inability to use the platform. Users are responsible for their own actions while interacting with the platform, including any legal claims made based on content provided.

12. Governing Law

These Terms of Service and Privacy Policy are governed by the laws of the state of California. Any disputes will be resolved in the appropriate courts in California.

10. Prohibited Uses

You agree not to use the Service in any of the following ways:

11. Disclaimers and Limitation of Liability

The Service is provided "as is" and without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. GauchoGuys does not guarantee that the Service will be error-free, secure, or available at all times.

In no event shall GauchoGuys or its affiliates be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to the use or inability to use the Service, even if GauchoGuys has been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless GauchoGuys and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with your use of the Service or your violation of these Terms of Service.

13. Promotional Material

By submitting reviews to the platform, you consent to the possibility of that content being used as promotional material for GauchoGuys.

14. Eligibility for Use

You are eligible to use GauchoGuys only if you are located in the Isla Vista or Goleta area. If you are outside this region, please refrain from making further requests to the server.

15. Platform Liability and Content Moderation (47 U.S.C. § 230)

GauchoGuys operates under the protections of Section 230 of the Communications Decency Act, which shields the platform from liability for content posted by users. While we are not responsible for user-generated content, we are committed to moderating all reported content in good faith. Despite the potential conflict of interest arising from the ability to pay for review removal, we pledge to maintain impartiality in our moderation process.

Content that violates the law, including but not limited to defamatory, abusive, or otherwise unlawful material, will be reviewed and removed as necessary. We strive to ensure a fair and consistent approach to moderation, prioritizing legal compliance and platform integrity.

16. Legal Entity Information

GauchoGuys is registered as an anonymous Limited Liability Company (LLC) in the state of New Mexico. This structure allows the platform to maintain operational privacy while adhering to all applicable laws and regulations. For any legal inquiries, please reach out to the provided contact information in our Terms of Service or Privacy Policy.

23. Force Majeure

GauchoGuys will not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, power outages, or interruptions to our services.

24. Legal Precedent for GauchoGuys

GauchoGuys is a platform that facilitates anonymous, user-generated content, similar to other widely accepted platforms such as RateMyProfessor, Lulu, and social media networks like Facebook, Instagram, Twitter, and YikYak. These platforms all allow individuals to express opinions, share experiences, and communicate openly with others, and as such, GauchoGuys operates within the same legal framework of free speech and user-generated content protections.

Comparison to RateMyProfessor

Like RateMyProfessor, which allows students to rate and comment on their professors' teaching abilities, GauchoGuys offers a space for individuals to share opinions about others in their social circles. RateMyProfessor has been legally recognized as a platform that protects users' rights to express their opinions, provided that the content does not violate laws related to defamation or harassment. The same legal framework applies to GauchoGuys, as it is intended to facilitate opinions and experiences, rather than promote defamatory statements or harassment.

Comparison to Lulu

Lulu is a social platform that permits anonymous ratings and reviews of individuals' behavior in relationships and social settings. Much like Lulu, GauchoGuys enables anonymous ratings of individuals, which does not inherently violate legal standards of free speech or privacy, as long as the content does not fall into illegal categories such as slander or defamation. The platform allows individuals to share experiences without exposing their identity, promoting freedom of expression.

Social Media Platforms: Facebook, Instagram, Twitter, and YikYak

Social media platforms like Facebook, Instagram, Twitter, and YikYak provide ample opportunities for users to discuss, critique, or express opinions about others, including public figures or people in their personal lives. These platforms are legally protected by the First Amendment, as they fall under the category of free speech, provided they adhere to basic legal principles and avoid unlawful content such as threats or harassment. Similarly, GauchoGuys operates within the framework of free speech, focusing on user-generated content that is designed to allow individuals to anonymously share opinions about their social experiences.

Regarding paying to claim your account to have control over reviews written about you, Facebook has a similar feature where you can disable reviews.

Personal Identifying Information (PII) and GauchoGuys

Users are prohibited from disclosing PII in GauchoGuys reviews. Full names are not considered PII as long as they are not accompanied by high-risk information.

Legal justification: Posting someone's name on Facebook or Twitter, even if they are not on the platform, is still protected as free speech.

Conclusion

GauchoGuys functions similarly to platforms like RateMyProfessor, Lulu, and popular social media networks by providing a space for anonymous expression and opinion sharing. As long as the platform maintains safeguards against illegal content, such as defamation, harassment, and privacy violations, it remains within the bounds of free speech protections under U.S. law. Just as social media and rating platforms are not held responsible for individual user-generated content unless they are directly involved in illegal activity, GauchoGuys is similarly protected, provided it ensures compliance with relevant laws and community guidelines.

25. Review Accuracy Disclaimer

Please note that the reviews presented on a profile may not always represent an accurate or complete depiction of an individual. Some profiles may have been claimed by their owners, and as a result, certain reviews may have been deleted. By using the platform, you acknowledge that the reviews you see may be incomplete or selectively removed, and that they may not fully reflect the individual's history or reputation. GauchoGuys does not guarantee the accuracy, completeness, or validity of any reviews presented, and users should exercise caution when interpreting such content.

26. Profile Ownership and Representation

By claiming a profile on this platform, you attest that you are the individual who is represented by the profile in question.

27. Non-Discrimination and Equal Access

This platform is committed to providing a welcoming and inclusive environment for all users, regardless of gender, gender identity, or gender expression. All individuals are permitted to use the platform in any manner that complies with our guidelines and terms of service. Discriminatory behavior, harassment, or any actions that violate our community standards will not be tolerated. By using this platform, you agree to respect and adhere to these principles, fostering a space of mutual respect and fairness for everyone.

28. Email Communication Consent

By signing into GauchoGuys, you acknowledge and consent to receiving emails from us. These emails may include, but are not limited to, important updates regarding your account, notifications about changes to our Terms of Service or Privacy Policy, transactional emails, and promotional content relevant to our services.

Last updated: 1/9/25