In order to use any GayMediaExpress.com web site ("Site"), you must register as a client of the Site ("Client") and agree to be bound by these Terms of Use. This Agreement sets out the legally binding terms for your membership. GayMediaExpress.com may modify this Agreement from time to time, effective upon notice to you as a Client.

1. Eligibility. You must be the registered owner of your site, or have the authorization from your site's owner to enter into this agreement. By using this Site, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Client of GayMediaExpress.com. You may terminate your membership at any time upon receipt by GayMediaExpress.com of your written or email notice of termination. GayMediaExpress.com may have included you in current proposals and advertising orders. Upon notice of termination, GayMediaExpress.com will require you and your company to honor any advertising orders placed with your site for a period of 90 days upon termination.
   GayMediaExpress.com may terminate your access to the Site. GayMediaExpress.com may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to GayMediaExpress.com.

3. Commission Rate. GayMediaExpress.com will earn a commission of 15% on the Gross Sale Price of all advertising sold on your behalf. If you select the Advertising Agency option, then an additional 15% will be deducted from your ad revenues for all sales brought to us by these Advertising Agencies, in order to pay their commission fee. If you select NO to this option, we will simply add an additional 15% to the prices quoted to Advertising Agencies.

4. Advertising Sales. GayMediaExpress.com manages the entire transaction with the media buyer, including receiving all revenues. Ad revenue checks will be sent out on the 10th day of each month, paying you for advertising sales earned the previous month. If the amount is under $100, we will wait until your sales have accumulated to over $100 before sending out your check.

5. Order Verification. All advertising orders we receive on your behalf will be confirmed with you via e-mail. It is your responsibility to maintain the information in your GayMediaExpress.com profile so that we may represent you properly. GayMediaExpress.com is not responsible for any inaccuracies in the information you provide. This information will include lead time to place advertising, file size requirements you may have, your advertising guidelines, etc.

6. Proprietary Rights in Content on GayMediaExpress.com. GayMediaExpress.com owns and retains other proprietary rights in the GayMediaExpress.com Site and the GayMediaExpress.com Service. The Site contains the copyrighted material, trademarks, and other proprietary information of GayMediaExpress.com, Inc. and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

7. Privacy. Use of the GayMediaExpress.com Site and/or the GayMediaExpress.com Service is governed by our privacy policy.

8. Disclaimers. GayMediaExpress.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the GayMediaExpress.com Service, whether caused by Clients or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any Client of the GayMediaExpress.com Service whether online or offline. GayMediaExpress.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Client communications. GayMediaExpress.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Clients or to any other person's computer related to or resulting from participating or downloading materials in connection with the GayMediaExpress.com Site and/or in connection with the GayMediaExpress.com Service. Under no circumstances will GayMediaExpress.com, Inc. be responsible for any loss or damage resulting from anyone's use of the Site or the Service and/or any Content posted on the GayMediaExpress.com Site. The Site and the Service are provided "AS-IS" and GayMediaExpress.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GayMediaExpress.com cannot guarantee and does not promise any specific results from use of the Site and/or the GayMediaExpress.com Service.

9. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will GayMediaExpress.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the GayMediaExpress.com Service, even if GayMediaExpress.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GayMediaExpress.com, Inc's. liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GayMediaExpress.com, Inc. for the Service during the term of membership.

10. U.S. Export Controls. Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles.

12. Indemnity. You agree to indemnify and hold GayMediaExpress.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

13. Other. This Agreement, accepted upon use of the Site and further affirmed by becoming a Client of the GayMediaExpress.com service, contains the entire agreement between you and GayMediaExpress.com, Inc. regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

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