The Gay Publishing Company

  Our Terms of Use Agreement

Your use of this Web site,

or "network," which includes any and all Web sites and online properties operated and administered by The Gay Publishing Company, constitutes your acceptance of this Terms of Use Agreement, as well as the terms and conditions contained in our Privacy Statement and our Community Content Policy. You are responsible for reviewing and becoming familiar with the terms on all three of these pages and for acting in accordance with the guidelines and rules in them.

Last Revised: July 31, 2009

Acceptance of Terms

This user agreement (hereafter known as the "Agreement") applies to all products and services offered by The Gay Publishing Company (hereafter known as the "Company" or "we" or "our"). Your use of this Web site and any adjoining and accompanying sites (hereafter known as the "network") is conditioned on your acceptance without modification of the terms and conditions contained herein. When using any of the products or services offered, you will be subject to any guidelines or rules applicable to such use that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. BY ACCESSING AND USING THIS NETWORK, YOU ARE STATING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO USE THIS NETWORK IN A RESPONSIBLE MANNER THAT IS IN FULL COMPLIANCE WITH THIS AGREEMENT, YOUR LOCAL LAWS AND REGULATIONS, FEDERAL U.S. LAWS AND REGULATIONS, AND INTERNATIONAL LAWS AND REGULATIONS, INCLUDING ANY ASSOCIATED IMPORT/EXPORT RESTRICTIONS AND INTELLECTUAL PROPERTY PROTECTIONS. IF YOU DISAGREE WITH ANY TERMS IN THIS AGREEMENT, PLEASE LEAVE THE SITE NOW. Otherwise, you agree that the Company may change the terms and conditions of this Agreement at any time by posting such changes in this Agreement; further, you agree that your continued use of this site after any such posting will constitute your renewed acknowledgment and acceptance of the revised terms and conditions.

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Network Content

You acknowledge that this network may contain illustrations and a variety of artwork, graphics, photographs, video, and other images; text; music, voice recordings, and other sounds; and other information, materials, and services (collectively known hereafter as "content") and that this content is provided by the Company with protection by copyrights, trademarks, and other intellectual property and proprietary rights (collectively known herafter as "rights"). By choosing to use this network and continuing its use in the future, you acknowledge that these rights are valid and protective of all media and technologies existing now or later developed and that, except as explicitly provided otherwise, this Agreement, applicable rights, and other laws govern your use of the network's content. In agreeing to use this content, you alone must evaluate and bear the risk associated with its safety, accuracy, completeness, or usefulness.

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Member/Subscriber Obligations

To use this network and any affiliated Web sites, you may not have to register to become a member or subscriber. As a non-member or non-subscriber, however, you may not have access to a variety of services and products that members and subscribers do, some of which will enable you and others to interact with each other. If you would like to subscribe at any time, please subscribe at our blog site for free updates and announcements or purchase a paid subscription to our virtual or print magazine.  In doing so, you (a) agree to provide true, accurate, current and complete information as prompted by the forms and (b) promise to maintain and update such information to keep it true, accurate, current, and complete at all times. If you provide any information that is found to be untrue, inaccurate, not current, or incomplete, or if the Company has reasonable grounds to believe you have done so, we have the right to suspend or terminate your participation without any right on your part for refund of any fees paid. We also reserve the right to refuse to provide you with any future participation.

You are responsible for maintaining the confidentiality of any password(s) you establish or are given to access the network, in whole or in part, and for protecting your account—you are fully responsible for all activities that occur under your password or account. Should you discover that your password has been deciphered or that your account has been accessed or that you have been responsible for any other breach of security, you agree to notify the Company immediately. 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 exploration or subscription by unsupervised minors and will not knowingly collect or store personal information from children under the age of thirteen. Users must be aware that certain areas of the Web site may contain adult or mature content. Readers must proclaim that they are at least eighteen years of age to access such areas.

Finally, in recognition of the Internet's global nature, you agree to comply with all local rules regarding online conduct and posting acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

All member information received or collected by the network is the property of the network. By uploading, e-mailing, posting, publishing, or otherwise transmitting information or submitting content to the network (in any communities, forums, personals, profiles, discussion rooms, or video conferencing rooms, for example), you (a) automatically grant the Company and its affiliates and licensees the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and otherwise distribute the content of that transactional data, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or to be hereafter developed; (b) permit any other user to access, view, store, or reproduce the transactional data for that user's personal use; and (c) represent and warrant that public posting and use of that transactional data by the Company and its affiliates and licensees will not infringe or violate the rights of any third party. Without limiting the foregoing, the network shall have the right to remove any content that violates said rights or is otherwise determined as objectionable.

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Network Fees

We reserve the right to, at any time, charge fees for access to existing content or services as well as new content or services. In no event will you be charged for access, to the network as a whole or a part thereof, 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.

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Modifications to the Network

We reserve the right to modify from time to time or interrupt, temporarily or permanently, any product or service offered by the Company (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 issues arising from any such action, modification, suspension, or discontinuance.

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Network Rules

In addition to general practices and limits concerning use of its network, the Company has also established some basic rules for the use of its network. If you violate any of these rules or if we have reasonable grounds to believe you have done so, we have the right, in addition to pursuing any and all legal remedies available, to deny you further or future access, to suspend or terminate your subscription without any right of refund to you, and to refuse to provide you with any future benefits. By using this site, you agree not to

1. upload, store, post, e-mail, or otherwise transmit (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, 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;
2. access the network by any means other than through the interface that is provided by the Company for use in accessing the network or connect in any unauthorized manner (i.e., by means other than the technology provided by the Company) to the environment provided by the Company for the use of its writers, readers, or other participants 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 community environment;
3. copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of any technology or any other software the Company uses or provides; you also agree not to allow any third party to do so;
4. sell, assign, sublicense, grant a security interest in or otherwise transfer any technology or software;
5. modify any technology or software in any manner or form, or to use modified versions of the software, including without limitation for the purpose of obtaining unauthorized access to the network;
6. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity for the purpose of misleading others;
7. forge headers or otherwise manipulate identifiers in order to falsify or disguise the origin of any material;
8. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type (e.g., "flooding"), or otherwise act in a manner that negatively affects other users' abilities to engage in real time exchanges;
9. interfere with or disrupt any Company or third-party or contracted servers, networking and computing equipment, or interconnected networks, or disobey any requirements, procedures, policies, or regulations of any connected networks;
10. initiate, facilitate, participate in, or distribute a denial of service attack; exploit any documented or undocumented vulnerability in the Company's network and its component networking or computing equipment; or otherwise initiate, facilitate, or participate in any disruptive action aimed at the Company's network or the Internet in general;
11. retain, copy, distribute, publish, or use any portion of the network's logo or other design elements including but not limited to icons, fonts, color schemes, and design effects;
12. try to gain access to areas that are private to the Company or to other users;
13. violate any applicable local, state, national, or international law or regulation;
14. stalk or otherwise harass another;
15. harm minors in any way, including, without limitation, to establish unlawful contact with minors, whether online or offline;
16. collect, intercept, or harvest member names; collect, intercept, or store personal data about other users; or solicit or attempt to discover a user's password, member name, or other registration or usage information without the user's express knowledge and consent;
17. engage in or run raffles, lotteries, contests, or sweepstakes;
18. promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to the Company's network or the Internet in general;
19. intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
20. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
21. store any information or use any Web page or directory, including any member profile or posting in or to a public area, as storage for remote loading or as a door or signpost to another Web page, whether inside or outside the Company's network.

You acknowledge that we do not pre-screen member/subscriber-submitted material that is posted or transmitted on the Company's network. IN PARTICULAR, WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE PRE-SCREEN MEMBERS OR SUBSCRIBERS FOR FELONY OR SEX OFFENSE CONVICTIONS. PLEASE TAKE APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH MEETING SOMEONE YOU HAVE MET THROUGH THE USE OF ANY COMPANY PRODUCTS OR SERVICES.

You also acknowledge that the Company and its designees shall have the right (but not the obligation) in our sole discretion to review, edit, delete, or refuse any material submitted for display or placement in the Company's network, including but not limited to messages, profiles, images, postings, comments, reviews, and other uploaded content. Without limiting the foregoing, the Company and its designees reserve the right to remove any material (a) that we believe violates this Agreement, (b) that we believe, in good faith, may create liability for the Company, or (c) that we deem is otherwise objectionable.

Furthermore, you acknowledge and agree that we may preserve material and disclose information 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 any 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.

In addition, you acknowledge that the Company may impose certain limitations:

• on the maximum number of days that messages, postings, or other uploaded content will be retained by the network,
• on the maximum number of messages, postings, or other uploaded content that may be sent from or received by an
        account on the network,
• on the maximum size of any messages, postings, or other uploaded content that may be sent from or received by an
        account on the network,
• on the maximum disk space that will be allotted on Company servers on your behalf,
• on the maximum number of times (and the maximum duration for which) you may access the network in a given
        period of time.

As a result, you agree that the Company has no responsibility or liability for the deletion or failure to store any messages, postings, or other uploaded content and other communications or other content maintained on or transmitted over the network. You acknowledge that the Company reserves the right to log off accounts and to deactivate user names that are inactive for an extended period of time.

Finally, you acknowledge that the Company reserves the right to modify these network practices and limits from time to time.

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Privacy

Our Privacy Policy states in full our policy regarding how we handle information that we automatically collect about you or that you choose to submit to us.

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Advertisers and Third-Party Links

Your correspondence or business dealings with or participation in any promotions of third parties, including users, advertisers, affiliates, and sponsors, found on or through the Company's network—including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings—are made solely between you and that third party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Company's network or next-generation links from those third-parties. You also agree and accept that, just as your use of older products and services continues to be subject to this Agreement, as new products and services become available on or through the network, your use of those newer products and services will be subject to this Agreement.

Third parties who are not advertisers or sponsors may be linked from the Company's network for the purpose of providing a convenient method of connecting you to additional information, products, services, and/or forms of enrichment or enlightenment. When provided, such links to other World Wide Web sites or resources do not signify our endorsement of the non-network site or its contents or the contents and offers of any next-generation links on that non-network site. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for any information, software, or other links found at any non-network site or for any transactions conducted at or through any linked non-network site or location. Availability of such links to external sites and resources does not demonstrate an endorsement of any content, products, services, or information on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such links, sites, or resources or any failures and/or disruption to your computer system that results from your use of any such links. You should always locate and review the agreements and policies posted at those third-party Web sites before you use them.

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DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY'S NETWORK IS AT YOUR SOLE RISK. ANY MATERIAL, INFORMATION, SOFTWARE, PRODUCT, AND SERVICE INCLUDED IN OR AVAILABLE THROUGH THE NETWORK, INCLUDING BUT NOT LIMITED TO ANY CONTENT THAT IS DOWNLOADED AT YOUR OWN DISCRETION, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER—YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCEPTANCE OF THAT RISK, INCLUDING WITHOUT LIMITATION HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED WITHOUT—AND THE COMPANY, ITS SUBSIDIARIES, AND LICENSORS HEREBY EXPRESSLY DISCLAIM—ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT.

THE COMPANY, ITS SUBSIDIARIES, AND LICENSORS DO NOT REPRESENT OR WARRANT

• THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS,
• THAT RESULTS OBTAINED FROM THE USE OF THE NETWORK WILL BE ACCURATE OR RELIABLE,
• THAT THE NETWORK IS SECURE AND/OR WILL FUNCTION WITHOUT INTERRUPTION,
• THAT THE NETWORK IS ERROR- OR DEFECT-FREE OR THAT ANY SUCH DEFECTS OR ERRORS
  WILL BE DETECTED AND CORRECTED IN A TIMELY OR EFFICIENT MANNER, OR
• THAT THE NETWORK AND 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, ITS SUBSIDIARIES, LICENSORS, OR OTHERWISE THROUGH YOUR USE OF THE NETWORK SHALL CREATE ANY WARRANTY. FURTHER, THE COMPANY, ITS SUBSIDIARIES, AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETWORK WILL BE SECURE, CORRECT, ACCURATE, TIMELY, RELIABLE, COMPLETE, OR LEGAL OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS NETWORK WILL MEET YOUR EXPECTATIONS AND NEEDS.

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EXLUSIONS AND LIMITATIONS ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES OR IN ANY EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR MAKING THE NETWORK ACCESSIBLE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES REGARDLESS OF HOW OR WHEN SAID DAMAGES RESULTED. DAMAGES INCLUDE BUT ARE NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR LOSS OF OTHER INTANGIBLES, AS WELL AS INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE NETWORK. IN ADDITION, UNDER NO CIRCUMSTANCES OR IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR MAKING THE NETWORK ACCESSIBLE, BE LIABLE UNDER ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION TORT [INCLUDING NEGLIGENCE AND STRICT LIABILITY] BREACH OF CONTRACT, OR BREACH OF WARRANTY) THAT RESULTS FROM

• YOUR USE OR MISUSE OF OR INABILITY TO USE THE NETWORK;
• YOUR RELIANCE ON ANY OF THE NETWORK'S PRODUCTS AND SERVICES;
• ALTERATION OF MEMBER/SUBSCRIBER-SPECIFIC WEB PAGES OR OTHER MEMBER/SUBSCRIBER-SPECIFIC CONTENT, LOSS OF ACCESS TO MEMBER WEB PAGES OR OTHER CONTENT, OR DELETION OF OR ALTERATION OF MEMBER/SUBSCRIBER-SPECIFIC WEB PAGES OR OTHER CONTENT
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NETWORK;
• ANY CHANGES TO THE NETWORK OR THIS AGREEMENT;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
• ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE NETWORK.

SIMILARLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES OR IN ANY EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR MAKING THE NETWORK ACCESSIBLE, BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE OR ANY OTHER FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION INTERNET-WIDE FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

THE COMPANY, ITS SUBSIDIARIES AND LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR MAKING THE NETWORK ACCESSIBLE ARE 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 ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES INCLUDED IN OR AVAILABLE 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 OR HAD BEEN ADVISED 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.

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Indemnification

You agree to indemnify and hold harmless the Company, its licensors, and any other person or entity involved in creating or distributing the network, including respective parents, affiliates, subsidiaries, co-branders, or other partners and their respective directors, officers, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including attorneys' fees), and expenses that such parties may incur as a result of or arising out of your use of the network, your conduct with respect to the network, or the network's use by anyone using your account or as a result of or arising out of any content you submit, post, transmit, or otherwise make available through the network, your use of the network, your connection to the network, your violation of this Agreement, or your violation of any rights of another. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.

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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 THAT THEY FORM AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, WITHOUT WHICH THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE THE NETWORK.

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Proprietary Rights

You acknowledge and agree that any software used in connection with the Company's network consists of proprietary and confidential information and trade secrets that have protection under copyrights, trademarks, service marks, patents, and other intellectual property rights and laws. You further acknowledge and agree that all content contained in and presented on or made available through the network is also protected by copyrights, trademarks, service marks, patents, and other intellectual property rights and laws.

With said acknowledgment, you understand that you are granted a personal, non-transferable and limited license to view and enjoy the contents of the network. As part of that license, you may print or download one copy of the materials or content on the network on any single computer for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible citation and copyright or other proprietary notice. You may not ever republish, retransmit, reproduce, or otherwise use the materials or content. Systematic retrieval of data or other content from the network to create or compile a collection, compilation, database, or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Except as expressly authorized by the Company or its officially designated legal team, you agree not to ever edit, modify, or adapt or to distribute, copy, reproduce, or otherwise duplicate with the intent to sell, license, rent, loan, lease, trade, transmit, publicly display or perform or otherwise publish, create variations or derivative works, or otherwise exploit any posted materials or content you do not own, in whole or in part. To obtain such authorization, contact the Company, who will forward your request to its legal team.

The Company name and its logo are trademarks and service marks of The Gay Publishing Company. Without the Company's express, written permission, you agree not to display or use either in any manner.

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Suspected Infringement

The Company respects the intellectual property rights of others, and we ask our users to do the same. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act of 1998 (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 work has been copied and is accessible through this Company's network in a way that constitutes copyright infringement, please contact the Company with enough information to investigate the original material and contact the actual copyright owner or his or her legal representative. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate accounts and prohibit further use of the network by certain users who are known to be or may be repeat infringers.

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Choice of Law & Jurisdiction and Venue

You agree that the laws of Florida and the United States will apply to all matters relating to this Agreement as they would to agreements made and entered into entirely in Florida by Florida residents, notwithstanding your actual place of residence. You agree that all lawsuits arising out of or relating to this Agreement shall be brought exclusively into the appropriate Federal or State courts in the state of Florida and you hereby irrevocably submit to the exclusive personal jurisdiction of such Florida courts for such purpose.

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General Considerations

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 this network or this Agreement must be filed within one year after such claim or cause of action arises 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. You may receive unsolicited official notices by e-mail, surface mail, or postings on the network.

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Contests

If, for any reason, any contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company and if such events corrupt or affect the administration, security, fairness, integrity, or proper conduct of the contest, the Company reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the contest.  Any individual, group, or organized effort found to be associated with any such event or with any form of tampering with the entry process will be disqualified and prosecuted to the fullest extent of any applicable laws.

In addition, the Company assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission due to any communications line failure, theft, destruction, or unauthorized interference with or alteration of entries.  The Company is not responsible for any problems or technical malfunctions of any access points, online systems, servers, or providers, other computer equipment, or software. Nor does the Company assume any responsibility for any failure of any entry to be received due to technical problems, human error, traffic congestion on the Internet or any one Web site, or any combination thereof. The Company assumes no consequence for any injury or damage to participant’s or other person’s computers relating to or resulting from downloading any materials in or for the contest, making application or entry for the contest, or otherwise participating in a contest.  

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE, BYPASS RULES FOR WINNING, OR OTHERWISE SABOTAGE OR UNDERMINE THE LEGITIMATE OPERATION OF SELECTING PRIZE WINNERS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.  

In the event of a dispute as to identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry.  “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

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Modifications to Agreement

Due to changes in legislation, best practices, or enhancements in functionality and content, we may make occasional modifications to this Terms of Use Agreement. Those changes will be reflected on this page, and you will be responsible for its periodic review. If we make any significant changes to these terms or conditions or any information that is relevant to or impactful of any terms or conditions in this Agreement, we will inform you of such changes via e-mail to the primary address on record or by posting a prominent notice on relevant areas of the network. If no such notification is made within a one-year period, an e-mail announcement or posted notice will provide an annual reminder to review this agreement, as well as the Privacy Statement and the Community Content Policy. If you have any questions about this agreement, please feel free to contact the Company.

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