Terms of Service for Gay Tomato Advertising

THESE ARE THE TERMS & CONDITIONS OF SERVICE FOR ADVERTISING ON GAYTOMATO.COM. IF YOU HAVE DIFFICULTY READING THESE TERMS AND CONDITIONS AND WOULD LIKE A COPY OR HAVE ANY QUESTIONS, PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT OR (760) 464-9410.

OUR SERVICE AGREEMENT

The legal agreements set out below govern Your use of Services on GayTomato.com. This agreement is collectively referred to as the "Terms" and may be modified from time to time by Us. The Terms consist of this agreement and any Order(s) You place with Us, whether online or through our Sales Department. If You do not agree to these Terms You may not use Our Services.

Publisher reserves the right at any time to modify this Agreement and to impose new or additional Terms or Conditions on Your use of the Service. Such modifications and additional Terms and Conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.

The failure of either Party to insist upon the strict observance and performance of the Terms of this Agreement shall not be deemed a waiver of other obligations hereunder, nor shall it be considered a future or continuing waiver of the same Terms.

Any attempt by Advertiser to resell, assign, transfer or delegate Advertiser’s rights under this Agreement without Our prior written consent shall constitute a breach of this Agreement and shall be of no force or effect.

REQUIREMENTS FOR USE OF THE SERVICES

Use of the Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of web browser(s) is recommended to access the Services and may be required for certain transactions or features. You agree that these requirements, which may change from time to time, are Your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee You access to the Services.

DEFINITIONS

• "Action(s)" means how Advertising is accessed, viewed or otherwise interacted with by the end users of the Site, including any clicks, calls, searches, views, impressions or other items or actions.
• "Addendum" means any Service(s) specific terms and conditions accepted by Gay Tomato in connection with an Order, which terms and conditions shall thereafter be incorporated into the Terms with respect to such Service(s).
• "Ads" refers to banner, display, click-thru, tile or regional advertisements that may or may not be related to Advertiser Listing(s), and are independent of any other Advertiser Listing(s).
• "Advertising" means, individually and collectively, items of an advertising or promotional nature specified on an Order or posted by Advertiser, which has been accepted for placement on the Gay Tomato Site. The term Advertising includes both graphical elements, as well as any related /or informational elements.
• "Advertiser", "You", and "Your" means the business(es), person(s) or other legal entity (or entities) shown as Advertiser or "Customer" on any Account(s) or Order(s), it's (their) owners and successors.
• "Fulfill" or "Fulfillment" means, with respect to Advertising and/or Services, all actions reasonably necessary for or in furtherance of design, display, publishing or otherwise placing the Advertising into the Site and/or executing upon the Service commitments contained in an Order.
• "Listing" means any published Advertising submitted and accepted by Us either: (1) by You through Your online Account and Post a Listing link(s) or (2) by Us to fulfill an Order You have placed with Our Sales Department.
• "Media" means any website, search platform, mobile platform or other means, utilized by Gay Tomato for the distribution and display of Advertising.
• "Order" means any Advertiser order for Advertising (including any Addendum) in a form officially approved for use by Gay Tomato.
• "Publisher", "Us", and "Our" means WorkHart Enterprises and/or Gay Tomato services including it’s corporate parent(s) and affiliates, and the directors, officers, agents and employees thereof.
• "Site" means the website at http(s)://gaytomato.com and all related web pages.
• "Service" means any Advertising product and/or any related service(s) offered to You by Us, including Advertising products or services governed by these Service Terms.
• "Term" means the calendar period for which the Advertising is to be displayed on the Site.

OBJECTIONABLE MATERIAL

You understand that by using the Service, You may encounter material that You may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, You agree to use the Service at Your sole risk and We shall have no liability to You for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and You agree that We do not guarantee their accuracy.

PAYMENTS, CANCELLATIONS AND REFUNDS

Gay Tomato accepts these forms of payment: Visa, MasterCard, American Express, checks drawn on U.S. banks and cash in U.S. currency. All prices are in US Dollars. Billing occurs at the time of or shortly after Your transaction. You must agree to these Terms of Service in order to place Your Order(s). Your credit card statement will reflect Your charges at GayTomato.com as "WorkHart Enterprises", Our parent company. You agree that You will pay for all products You purchase through the Site or by Order with Our Sales representative, and that WorkHart Enterprises may charge Your credit card for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with Your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time You purchase the product. We will charge tax only in states where digital goods and services are taxable.

All sales of products and services are final. If a product becomes unavailable or technical problems prevent or unreasonably delay posting of Your Advertising, Your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Gay Tomato.

Prices for products offered through the Site may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

We are not responsible for lost or stolen coupons or codes. We reserve the right to close Your Accounts and request full, non-discounted payment if a Coupon, Code, or Allowance is fraudulently obtained or used on the Service(s).

Any cancellation or termination, in whole or in part, or any breach of this Agreement, including failure to make payments on a timely basis, by Advertiser shall immediately extinguish and invalidate any Preference(s) reserved for Advertiser. Gay Tomato shall be entitled to rely upon Advertiser’s verbal expression of termination, without requirement of written confirmation thereof.

When pre-ordering certain products, You are authorizing Us to charge Your Account for the Advertising specified and post the Advertising when the date of the Order is reached. You may cancel Your pre-order(s) prior to the deadline provided on the applicable Order; provided, however, that if no deadline is specified the deadline will be TWENTY (20) DAYS from execution / authorization of the applicable Order. You may withdraw a particular Order by calling Our Sales Department at the number specified on the Order, prior to the deadline specified.

We reserve the right to require partial or full payment in advance as a condition of Fulfillment or to charge You a reasonable fee beyond anything specified on the Order for requests that exceed Our customary Services, including, for example, excessive content changes or design development.

This Agreement is effective when executed by You and delivered to Us or Our agents, either in writing, by electronic signature or when You voice verify an oral request for Advertising; provided, however, that effectiveness remains conditioned upon acceptance / rejection by Gay Tomato as described herein. If more than one person/entity requests Advertising under this Agreement, all such persons/entities will be jointly and severally liable for all charges due and payable.

You will be liable to Us for any returned check fees and any other fees allowed by law. You further agree to pay attorneys’ fees and costs that We or Our agents incur in collecting any unpaid amounts. In the event of late payment, nonpayment or any other breach of this Agreement by You, We may, in Our sole discretion, remove or cause to be removed any Advertising, in whole or in part and whether covered by this Agreement or any other contract or agreement You may have with Us, from any Media and suspend all Services hereunder if payment is not received.

DENIAL / SUSPENSION OF ADVERTISING

Notice: WorkHart Enterprises and Gay Tomato does not discriminate against advertisers or persons on the basis of race, color, religion, beliefs, ethic or national origin, sex, marital status, sexual orientation, gender identity, gender expression, disability, political opinions, or age (provided the applicant has the capacity to enter into a binding contract).

If any Order for Advertising is denied, You have the right to a written statement of the specific reasons for the denial. To obtain the statement, You may contact Us, within 60 days from the date You are notified of Our decision, at Gay Tomato, 777 S. Camino Real #5, Palm Springs, CA 92264, Attention: Listings Manager. We will send You a written statement of reasons for the denial within 30 days of receiving Your request for the statement.

Any suspension of Services by Us under this Agreement shall not, in and of itself, act to cancel or otherwise terminate this Agreement and We shall still be entitled to enforce the remainder of any Term for Advertising or Services, including any Renewal Term.

Unless otherwise specified in the Order, Listings shall be tracked and administered upon the Issue Date, including any extension or Renewal Term. If You choose to have any Advertising removed from the Site and/or discontinued prior to the end of the current Term of such Advertising, any paid balance for the entire current Term will become immediately forfeit.

TERMINATION

If You fail, or Publisher suspects that You have failed, to comply with any of the provisions of this Agreement, Publisher, at its sole discretion, without notice to You may: (i) terminate this Agreement and/or Your Account, and You will remain liable for all amounts due under Your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

We reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to You, and We will not be liable to You or to any third party should We exercise such rights.

COLLECTIONS

If You fail to make payments as specified, You agree to pay reasonable attorney fees and other legal expenses associated with collection of Your Account(s), and to pay Our reasonable collection costs associated with collection of the amount(s) due.

If You receive incentive pricing for any Advertising based on a commitment by You regarding any other Advertising or Services purchased from Us, including Advertising purchased under a separate Order, and You subsequently cancel or fail to meet Your commitment regarding any such Advertising, the incentive pricing will revert to, and You will be obligated to pay, the full undiscounted charge for the Advertising for which incentive pricing was received. Gay Tomato may create, revise or cancel a discount or promotional offering at any time prior to the effective date of any Order on which such offer may appear. No discount offered to You obligates Us to offer any future discount.

All charges associated with this Agreement are fully due and payable, notwithstanding any change of, or transfer of ownership of any advertised business, telephone number(s), website or e-mail address, tagline, license number(s) or descriptions associated with Advertising, and will not, by itself, have any effect on the Term and You acknowledge that such original listed number, URL or e-mail address will continue to be reflected in the Advertising in the same way until You have corrected, replaced or discontinued such Advertising.

TERM / RENEWAL

The Term of any Advertising and/or Service shall be set forth on the Order and shall be governed by the Terms which relate to such Advertising and/or Service. Unless otherwise specified on the Order or in the applicable Terms, the Term of any Order shall commence upon the posting of the Advertising addressed therein and shall continue until the Term of the Order with which the Advertising is associated has been reached, withdrawn, superseded or replaced with a subsequent Order.

All Services provided during a Renewal Term will be subject to the then-current Terms, pricing and other terms for the applicable Advertising, which rates may be higher than the rates set forth on the previous Order. You agree to pay for such Advertising for each Renewal Term at Our then standard rates for such Renewal Term for the applicable Advertising. Unless otherwise specified, Advertiser is responsible for the renewal of any particular Advertising by either (i) logging into Your account and renewing the Advertising or; (ii) calling Publisher’s Customer Service Office at the number specified on the Order.

ADVERTISER'S REPRESENTATIONS AND WARRANTIES / INDEMNITY

You hereby represent and warrant that: (i) You are at least eighteen (18) years old; (ii) You are a business, either for-profit or non-profit; (iii) Your policies include sexual orientation, gender identity and gender expression as classes Your business does not discriminate against; (iv) You are solely responsible for ensuring that Advertising is accurate and properly communicate all relevant information, including compliance with all applicable requirements of licensing or licensing bodies, taxing authorities or other regulatory bodies. (v) You comply and will continue to comply with all applicable laws, rules, regulations, and licensing requirements; (vi) You are authorized to be and are engaged in the business of providing the product(s) and/or service(s) corresponding with the heading under which You wish to advertise; (vii) You are authorized to advertise and display the business(es), product(s) or service(s) which appear in Your Advertising; (viii) You will honor any promise, offer or other statement set forth in the Advertising during the entire life of the Advertising, or until an expiration date stated in the Advertising and (ix) You are solely responsible to update Your information shown in all Advertising and Accounts held with Us.

With respect to any Advertising or Services, You warrant that You have the necessary rights to provide and to use all information provided under this Agreement and/or any related documents and that all such information and all claims, statements, products and services contained or referenced therein to which the Advertising refers or link(s): (i) do not violate any law, statute, ordinance, treaty or regulation; (ii) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) do not violate the rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) are not false, deceptive or misleading; (v) are not defamatory, libelous, slanderous or threatening; (vi) will be free of all computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and/or (vii) will not contain content of an adult or obscene nature.

You will not and will not allow anyone working for You to: (i) engage or cause others to engage in any form of spamming or improper or malicious (as reasonably determined by Us) clicking, impression, e-mailing, texting or marketing activities; (ii) access any Publisher network or systems for any purpose other than for internal use to access Services and/or manage Your Accounts(s); (iii) interfere or attempt to interfere with the proper working of any Publisher network or systems; (iv) use any data from any Publisher network or systems for external commercial purposes; and/or (v) attempt to access Advertiser account(s) for which You are not authorized to do so.

You acknowledge that: (i) You are purchasing all Advertising or Services for Your own benefit; (ii) You will not share any special pricing or coupon codes with other businesses or Advertisers without written permission from Us; (iii) errors, omissions or delays will sometimes occur in processing a request for advertising or in the publication or fulfillment of advertising, and that We do not guarantee that Advertising will be published and/or displayed without error, omission or delay.

You shall be solely responsible for all fees, royalties and other amounts of any kind or nature payable in connection with the Advertising, to any and all third parties with respect to any Advertising and/or use of compositions or any copyrighted materials.

ADVERTISER AGREES TO INDEMNIFY AND HOLD HARMLESS PUBLISHER, IT’S PARENT(S), AFFILIATES AND DISTRIBUTORS, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AGAINST ALL CLAIMS, ACTIONS, LOSSES, EXPENSES, DAMAGES, COSTS AND/OR LIABILITIES, INCLUDING ATTORNEY FEES AND OTHER EXPENSES INCURRED IN THE DEFENSE OF ANY CLAIMS, ARISING FROM THIS AGREEMENT. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD PUBLISHER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY PUBLISHER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED, INCLUDING WITHOUT LIMITATION: (1) BREACHES OF ANY REPRESENTATION AND WARRANTY MADE HEREIN, AND/OR (2) ADVERTISER’S ADVERTISING AND/OR SERVICES. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PUBLISHER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PUBLISHER’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

PUBLISHER'S DISCLAIMERS / LIABILITY LIMITATION

PUBLISHER MAKES NO WARRANTY OF PERFORMANCE TO ADVERTISER AND DISCLAIMS ANY SUCH WARRANTY. ADVERTISER REPRESENTS THAT ADVERTISER HAS NOT RELIED UPON ANY SUCH WARRANTY AND ASSUMES ALL RISKS CONCERNING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE ADVERTISING. PUBLISHER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PUBLISHER MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY PUBLISHER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL PUBLISHER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PUBLISHER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

PUBLISHER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PUBLISHER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

PUBLISHER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PUBLISHER DISCLAIMS ANY LIABILITY RELATING THERETO.

If Publisher breaches any obligation hereunder to Fulfill any Advertising, or in the event of any error or omission with respect to Advertising, We will make commercially reasonable efforts, at Our sole discretion, to either: (i) Fulfill such Advertising at a later date; or (ii) otherwise reasonably correct the error and cure such breach; or (iv) if an error that cannot reasonably be corrected, cancel the Advertising and return any amounts paid by You toward such Advertising from the time You brought the error to Our attention. We will not be liable for any error, omission or other default or claim with respect to any item for which no charge is assessed.

UNDER NO CIRCUMSTANCES WILL PUBLISHER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, WHETHER AS A RESULT OF ERRORS OR OMISSIONS, THE REJECTION OR REMOVAL OF ANY ADVERTISING, ANY DELAY IN DISPLAYING OR PUBLISHER’S FAILURE TO DISPLAY ADVERTISING, OR PUBLISHER’S FAILURE TO PERFORM SERVICES. OUR ACCEPTANCE OF THIS AGREEMENT AND THE RATES CHARGED FOR THE ADVERTISING AND OTHER SERVICES ARE BASED UPON OUR LIMITATION OF LIABILITY AS SET FORTH HEREIN AND UPON YOUR AGREEMENT TO ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT. THE FOREGOING CONSTITUTES OUR SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY US OF THIS AGREEMENT, ANY ERROR AND/OR ANY OMMISSION (EITHER DIRECTLY OR THROUGH A FAILURE OF PERFORMANCE).

FORCE MAJEURE

Publisher will not have any liability to You and You will remain responsible for all moneys owed to Us should there be an interruption in the distribution and/or delivery of any Media, in Our Site or Service, and/or in any other Media or third party site or service or other interruption in the Services hereunder for any period of time, whether as a result of acts of God, labor disputes, terrorist acts, other force majeure events or otherwise. We may, in Our sole and absolute discretion, issue credits or extend the term of this Agreement in the event of interruptions lasting several days or longer.

INTELLECTUAL PROPERTY

You agree that the Service, including but not limited to products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Us and/or Our licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and You shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Gay Tomato and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising any part of the Service at any time without notice. In no event will We be liable for making these changes. We may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by WorkHart Enterprises and/or it’s licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, nor any use of such trademarks.

OWNERSHIP AND USE OF DATA AND INFORMATION

Performance Data. You acknowledge and agree that We may, subject to applicable Privacy Policies, collect detailed data ("Performance Data") with respect to Actions and/or how end users interact with any Advertising and/or Media. We shall be the exclusive owner thereof and You shall not have any right to any part of the Performance Data. You hereby authorize the collection of such Performance Data and waive or assign to WorkHart Enterprises and/or Gay Tomato any rights You may have with respect thereto. You agree that WorkHart Enterprises and/or Gay Tomato is free, subject only to compliance with the Privacy Policy, to use the Performance Data at Our sole and absolute discretion and without the need to seek any additional consent or permission from You.

Advertiser Information. You agree that We may retain and use, subject to the terms of the Privacy Policy, all information You provide, including but not limited to demographics and contact and billing information associated with any Advertising or Service, for any purpose We deem appropriate. You further agree that, subject only to compliance with the Privacy Policy, We may share non-personally-identifiable information about You and/or Your Advertising, including URLs, Advertising specific statistics and similar information collected by Us, with other advertisers or vendors. So long as the manner of use is truthful and does not imply endorsement, You agree that We may use Your name, logo and/or advertising in presentations, marketing materials, customer lists, financial reports, website listings of advertisers, search results pages, and/or complimentary trials of new Services.

We reserve the right to take steps We believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that We have the right, without liability to You, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as We believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Publisher’s right to cooperate with any legal process relating to Your use of the Service and/or products, and/or a third-party claim that Your use of the Service and/or products is unlawful and/or infringes such third party's rights).

LIMITED INVENTORY ADVERTISING

The Service Terms contained herein apply with respect to Ads that are limited in availability and/or quantity, including but not limited to "Banner Ads", "Regional Listings" and "Tile Ads" on the Site ("Limited Inventory Advertising" or "LIA"). With respect to LIA: "Renew/Cancel Date" means the date by which Gay Tomato must receive written notice of Your decision to either renew or cancel LIA, if applicable. You are solely responsible for obtaining the Renew/Cancel Date for any LIA.

Our acceptance of any order for LIA shall be wholly contingent upon availability of the LIA and such other factors as We may determine. In the event the LIA becomes available, We will duly consider awarding the LIA to You. However, We shall have no obligation to award the LIA to any Advertiser and may, in Our sole and absolute discretion, award the LIA to another advertiser who has also placed an order for LIA. You understand and agree that We may accept more than one order for the same item of LIA and that, in awarding the LIA, We may consider, among other factors, the rate Advertiser has agreed to pay for the LIA. In the event We award the LIA to You, You shall pay the agreed upon rate. Failure to award the LIA shall not otherwise have any effect on any Order or Your obligations with respect to any other Advertising.

In the event that We determine that any particular LIA is not available, We may offer a refund or credit to You, or a corresponding adjustment to any subsequent payment obligations.

You shall have a limited right to renew LIA for the next succeeding LIA term provided that You sign a new Order for that particular LIA on or before the Renew/Cancel Date for such succeeding Term at the rate(s) established by Gay Tomato and that such right is not otherwise cancelled or extinguished pursuant to the Terms. Gay Tomato has the right to cancel any right of renewal without further obligation to You if, without limitation: (i) You do not agree to pay the rate(s) established by Us; (ii) You have been past due as to any item of Advertising; (iii) You owe past due advertising charges as of the Renew/Cancel Date; (iv) Your LIA does not comply with Our policies, specifications and guidelines; and/or (v) We discontinue the LIA.

Due to the nature of LIA, You shall have no right to cancel an Order for LIA as to the initial Term specified on the Order. With regard to any subsequent Term, notice of cancellation must be received on or before the Renew/Cancel Date established for the subsequent Term.

For avoidance of doubt, Gay Tomato has no responsibility to remind You of any impending Renew/Cancel Date or to initiate contact with You in respect to any renewal or cancellation.

ADDITIONAL TERMS AND CONDITIONS

Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor nor Publisher or any of its content providers guarantees the availability, accuracy, completeness, reliability, location data or any other data displayed by any Services.

You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Publisher is not any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, Services and third party materials that may be accessed from, displayed on or linked to from the Site are not available in all languages or in all countries or regions. Gay Tomato makes no representation that such Services and materials are appropriate or available for use in any particular location. To the extent You choose to use or access such Services and materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. We may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

OUR LISTING SERVICES

Account Creation. In order to access Listing Services, You are asked to create a User Account (an "Account"). In connection with this Account, You must provide certain information ("Registration Data") and answer all inquiries that are "required." You agree: (i) that the Registration Data You provide will be true, accurate, current and complete at the time You provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that We may contact You and require You to confirm some or all of Your Registration Data before publishing certain Listings. We reserve the right to terminate the Account and all related Advertising, and to refuse to provide You with any and all current or future use of the Services if in Our sole discretion, We determine or are of the opinion that any of Your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete.

Account Security. You are responsible for maintaining the confidentiality of Your Account credentials and for all activities, charges and/or liabilities that occur from Your Account, whether or not authorized by You. You must immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware. We will not be liable for any loss or damage arising from Your failure to comply with this section.

Content You Provide or Transmit. In the course of using the Services, You may transmit or otherwise make available certain content (including information about Yourself and/or links to third-party content) on areas of the Site accessible and viewable by other users of the Site and the public. You agree that any materials submitted by You, shall be Your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You agree to provide accurate and complete information in connection with Your submission of any materials on the Services. Any content provided or transmitted by You will be treated in accordance with our Privacy Policy. We have the right, but not the obligation, to monitor the Listing Services; however, We do reserve the right to monitor and review any content You submit while using the Service, and to edit or refuse to post any content You add to Your Listing, in whole or in part, in Our sole discretion without notice or liability, and to investigate any reported or apparent violation of this Agreement, and to take any action that We deem appropriate, including, without limitation, termination. In the event that You lose rights to any content You added to Your Listing(s) for any reason, You hereby agree that You will use the relevant Actions link(s) to remove such content from Your Listings.

Add Content to Your Listing Services. This section only applies to Your use (if any) of any Service which allows You to publish Your e-mail address, phone number(s), or other content in order to supplement or modify a Listing We publish that identifies You. By using the Service, You understand and agree that You may receive unsolicited email, phone calls, and/or text messages from Our users, which may cause You to incur messaging, data, and other rates and fees per Your cellular service plan. If You wish to keep such information private, You must not supply it on the Post Listing form. We will only handle such information (the "User Account Information") in accordance with Our Privacy Policy and as necessary to facilitate Your Account.

MISCELLANEOUS

Gay Tomato services will use reasonable efforts to Fulfill the Advertising as described in each applicable Order, subject to compliance with the applicable Terms. This shall constitute Our sole commitment to You and no other commitment may be assumed or inferred from any other source or document.

Gay Tomato does not allow Listings that, according to the laws of the United States and California: (i) Advertise escort services or prostitution; (ii) Advertise "Chat Lines" or websites with a purpose of sexual services or hook-ups; (iii) Show sexually explicit images or language; (iv) Advertise or incite criminal, offensive, obscene or menacing behavior; (v) Are politically based or motivated; or (vi) Are organizations, clubs or businesses that allow or indicate discrimination or an intention to discriminate against any person or class of persons, because of race, place of origin, color, ethnic or national origins, sex, marital status, disability, religion, beliefs, sexual orientation, gender identity or political opinions.

Gay Tomato reserves the right not to publish any Advertising that does not meet Our applicable specifications or publication standards ("Specifications and Standards") or that We otherwise deem unacceptable in Our sole discretion. Instead of rejecting Advertising in its entirety We may, but are not required to, change a portion of the Advertising with or without notice or obligation to Advertiser. We may change Our Specifications and Standards at any time and without notice or obligation to You. You agree that We shall have no liability, and You shall not be entitled to any credit, reduction or refund, for any changes which We may make to Advertising in order to bring it into compliance with Our practices and procedures.

Unless otherwise expressly agreed on the Order, You acknowledge that Fulfillment of Advertising may include distribution to Media which may not generate all of the content. You acknowledge that it is not possible to avoid placing Advertising which may display or promote adult oriented content; have adult-oriented domain names, titles or headings; that are primarily intended to promote or engage in gambling; or which might otherwise be objectionable to You. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OF ANY TYPE OR NATURE AS A RESULT OF ANY SUCH PLACEMENT.

We may position Listing in any sequence and in association with any category heading(s) We deem appropriate unless otherwise specifically noted in the Order. We have the right to introduce new advertising products that may result in a change in the position of Advertising. Gay Tomato does not and will not guarantee exclusivity of any kind for any Advertising. We may publish Advertising of any other party at any time.

If We determine that Fulfillment of Advertising will be delayed after an Orders’ Term is to begin, due to Advertiser’s delay, We reserve the right to begin Fulfillment of Advertising using a place marker or other suitable copy chosen by Us. Your obligation to pay is not contingent upon receipt and/or approval of a proof copy, regardless of whether a proof copy is requested for the Advertising. Notwithstanding the foregoing, We may require Your approval of a proof copy of any Advertising as a condition of publication of such Advertising.

Gay Tomato does not provide: (1) the names of particular search engines and/or search engine networks to which Advertising will be submitted; and/or (2) the source (including URL and/or IP address) from which Actions are made.

The Service is operated by WorkHart Enterprises from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to Your use of the Service. All transactions on the Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Publisher or relating in any way to Your use of the Service resides in the courts of the State of California. No Publisher employee or agent has the authority to vary this Agreement.

We may notify You with respect to the Service by sending an email message to Your Account email address or a letter via postal mail to Your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.

This Agreement constitutes the entire agreement between You and Publisher and governs Your use of the Service, superseding any prior agreements between You and Us. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.