GAY & LESBIAN YELLOW PAGES INC. ("GLYP") WEB SITE TERMS OF USE

You should carefully read the Terms of Use below before using the GLYP Web Site. By using the GLYP Web Site, you agree to be bound by the Terms of Use. If you do not agree with the Terms of Use you should not access or use the Web Site.

Any questions in relation to these Terms of Use should be sent to Publisher@glyp.com.


1. DEFINITIONS

1.1. "GLYP" means Gay & Lesbian Yellow Pages, Inc. whose place of business is at 1712 Montrose Boulevard, in Houston, TX 77006 and telephone number is 713-942-0084.

1.2 "Intellectual Property" includes, without limitation, copyright, design right, patents, trade marks, goodwill and reputation;

1.3 "Material" means all entries made on the Web Site by you;

1.4 "Personal Information" means personally identifiable information such as (but not limited to) your name, street address, telephone number, credit card information, screen name and e-mail address;

1.5 "Privacy Policy" means the privacy policy issued by GLYP, which is incorporated by reference into these Terms of Use and which is set out this page;

1.6 "Service(s)" means the services and information provided from time to time by GLYP through the Web Site, such services and information being subject to change at the sole discretion of GLYP;

1.7 "Terms of Use" means these terms and conditions of use;

1.8 "Trade mark" means those trade marks listed in GLYP's
Intellectual Property;

1.9 "Web Site" means the web site at the URL
www.GayYellow.com.


2. THE TERMS OF USE

2.1. This is a legally binding agreement.

2.2. You should carefully read these Terms of Use before using the Web Site. By using the Web Site, you agree to be bound by these Terms of Use.

2.3. If you do not agree with the Terms of Use then you should not access or use the Web Site.


3. USE OF WEB SITE

3.1. GLYP grants you a non-exclusive, non-transferable license to access and use the Web Site.

3.2. You may not disseminate any portion of the Web Site through electronic means, including mail lists or electronic bulletin boards, without the prior written consent of GLYP.

3.3. Except as expressly permitted in these Terms of Use, the Web Site or any part of it may not be reproduced, transmitted, or distributed without GLYP?s written permission. You may not commingle any portion of the Web Site with any other information and shall not edit, modify, or alter any portion.

3.4. Anyone wishing to link with the Web Site should obtain the prior written permission of GLYP. Inquiries should be directed to the 
Publisher@glyp.com.


4. RIGHTS AND OBLIGATIONS OF GLYP

4.1. GLYP:

4.1.1. shall provide you with reasonable access to the Web Site;

4.1.2. may in its absolute discretion, terminate any or all use of any or all parts of the Web Site at any time without notice; and

4.1.3. GLYP may, but is not obligated to, monitor any Material residing on or transmitted to GLYP?s server. GLYP may, without notice, change or remove any Material residing on or transmitted to GLYP?s server that GLYP, in its sole discretion, believes is unacceptable or violates the law or these Terms of Use.


5. YOUR RIGHTS AND OBLIGATIONS

5.1 You:

5.1.1 will use the Web Site in accordance with these Terms of Use;

5.1.2 accept that the Web Site is provided on an "as is, as available" basis;

5.1.3 are solely responsible for the content of the Material;

5.1.4 will not access, or enable others to access, parts of the Web Site which You are not authorized to access, including personal information of other users of the Web Site;

5.1.5 will not, by your use of the Web Site, pass off or infringe any Intellectual Property right of GLYP or any third party, including, but not limited to any third party advertising on the Web Site;

5.1.6 must not post, upload, publish, reproduce, send, transmit or otherwise distribute any Material on or through the Web Site that:

5.1.6.1 is likely to give rise, or to encourage conduct that would give rise to criminal or civil liability or that would otherwise violate any law;

5.1.6.2 you do not have the right to post, upload, publish, reproduce, broadcast, transmit or otherwise distribute;

5.1.6.3 passes off or infringes any copyright, trade mark, patent or other Intellectual Property right of another person;

5.1.6.4 is in contempt of any legal proceedings;

5.1.6.5 is false or misleading;

5.1.6.6 is intended to incite or is likely to excite or promote ill will or hostility against any section of the public, or indicates 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 or political opinions;

5.1.6.7 is offensive, or of an indecent, obscene or menacing character;

5.1.6.8 is likely to cause, or is for the purpose of causing, annoyance, inconvenience or needless anxiety to another;

5.1.6.9 is defamatory;

5.1.6.10 impersonates any person or misrepresents your relationship with any person or authority;

5.1.6.11 contains unsolicited or unauthorized advertising;

5.1.6.12 contains viruses, worms, Trojan horses or other code with contaminating or destructive properties; and

5.1.6.13 alters, steals, corrupts, destroys, interrupts or interferes with or adversely affects any file, database, network, software or hardware of us or others, or the use by us or others of the Web Site, the Internet or any network;

5.1.7 you must also not use the Web Site:

5.1.7.1 in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages, conduct activities or otherwise use the Service in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1988, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981); and

5.1.7.2 to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999) to persons with whom or which you have no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records;

5.1.8 should be aware that GLYP will fully co-operate with any regulatory authority, law enforcement authorities or court order requesting or directing GLYP to disclose the identity of anyone posting any such information or materials.

6. YOUR INDEMNITY

6.1 You agree to indemnify GLYP from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which GLYP, their affiliates, employees, and authorized representatives may incur as a result of your breach of these Terms of Use or your use of, or inability to use, the Web Site.

6.2 GLYP reserves the right to assume the exclusive defense and control of any such matter for which you have agreed to indemnify GLYP, in which event you shall have no further obligation to indemnify with respect to that particular matter.


7. EXCLUSIONS AND LIMITATIONS OF LIABILITY

7.1 GLYP does not make any guarantees or warranties as to the accuracy or completeness of or results to be obtained from, accessing and using the Web Site, the Web Site content, nor any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the Web Site. The Services are provided on an "AS IS, AS AVAILABLE" basis without warranty of any kind, either express or implied, including, but not limited to, any warranty of merchantability, warranty of fitness for a particular purpose, warranty that the Services will be provided on a continuous basis or at any given time, or warranty that any transaction made or requested using the Services will be completed within a specified time.

7.2 GLYP shall not be liable to you or anyone else for any inaccuracy, delay or interruption in the Services, error or omission, regardless of cause, or for any damages resulting therefrom. In no event will GLYP be liable to you or any third party for any actual, special, exemplary, direct, indirect, incidental, reliance, punitive, consequential or any other damages, or for any loss, cost or expense of any kind or nature whatsoever, whether arising under contract, tort, strict liability or otherwise, regardless of the foreseeability thereof and even if GLGLYP has been advised of the possibility thereof, including, but not limited to, loss of time, loss of profits, loss of business opportunity, loss of goodwill, loss of revenue or other economic loss with respect to any use of the Web Site.

7.3 Save as specifically provided herein, nothing in this Web Site shall be construed as an offer by GLYP to enter into a contract with you. Statements relating to services or goods provided by GLYP or the prices at which any services or goods are provided are an ?invitation to treat?.

7.4 GLYP does not guarantee, represent or warrant that this Web Site and its contents will be free from any virus or other elements that may cause damage to equipment ("Damaging Element") used by you. You have sole responsibility to ensure that such Damaging Elements do not cause it damage.

7.5 All material displayed by GLYP on the Web Site, whether created by GLYP or its users is for information only and is no substitute for specific advice or enquiry.

7.6 Where GLYP provides hypertext links on the Web Site to other sites it does so for information purposes only, and such links are not endorsements by GLYP of any products or services in such sites and GLYP accepts no liability nor does it make any endorsement of or approval of the same. GLYP will not be responsible or liable to you for any losses or damages resulting from your use of links to or from external web sites or for any dealings with such third parties.


8. PRIVACY

8.1 GLYP operates the Web Site.

8.2 GLYP is committed to protecting your personal privacy and subscribes to the provisions of the Standard for Electronic Transactions issued under the Electronic Transactions Act 1999. The Privacy Policy outlines the type of information that is collected by GLYP on this Web Site, and how it is used and protected. The Privacy Policy also tells you what to do if you do not want Personal Information collected when visiting the Web Site.

8.3 By using the Web Site, you agree with the terms of the
Privacy Policy.

8.4 GLYP reserves the right to change or remove the Privacy Policy at its sole discretion.

8.5 You may contact GLYP at
Publisher@glyp.com if you have any comments or questions about the Privacy Policy or if you want to report any violations of the Privacy Policy.


9. INTELLECTUAL PROPERTY RIGHTS

9.1 All Intellectual Property rights in the Web Site either belong to GLYP or are lawfully licensed to GLYP by their owners. Maps of on the GLYP Web Site are the Intellectual Property of the map producers and are protected by their own copyrights. Reproductions of portions of the GLYP on the Web Site are the Intellectual Property of GLYP. Use of the Trade Marks on the Web Site by GLYP is authorized under license from the Gay & Lesbian Yellow Pages, Inc. ("GLYP").

9.2 You may not in any way modify, copy, distribute, republish or upload anything on the Web Site without prior consent in writing of GLYP.

9.3 No Intellectual Property rights or other rights are transferred to you.

9.4 Although GLYP does not assume the responsibility for monitoring the use of Intellectual Property rights of third parties, GLYP may, at its discretion, remove, suspend, terminate access or take other action against you or third parties who infringe or pass off the Intellectual Property rights of others. If You believe that the Web Site contains unauthorized reproductions of your copyrighted work, or links to web sites containing unauthorized reproductions of your copyrighted work, you may notify GLYP at
Publisher@glyp.com.


10. LISTINGS

10.1 The listings and ads on the Web Site are published by GLYP on behalf of GLYP. If your listing is inaccurate or you want it removed please contact GLYP, in writing, at 1712 Montrose Blvd., Houston, TX 77006 or call 713-942-0084.

10.2 If your GLYP listing on the Web Site is inaccurate or you want it removed please contact GLYP at 713-942-0084.

11. MISCELLANEOUS

11.1 These Terms of Use contain the entire understanding between GLYP and you with respect of the Web Site and no representation, statement, inducement oral or written, not contained in these Terms of Use shall bind either GLYP or you.

11.2 Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

11.3 GLYP may at any time revise these Terms of Use by updating this posting. By using the Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

11.4 Should GLYP fail to enforce strict performance of any provision in these Terms of Use, that failure will not be construed as a waiver of such provision or any right.

11.5 This site is created and controlled by GLYP in Houston, Texas. As such, the laws of Texas will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Texas for any litigation arising out of or relating to use of the Web Site (and agree not to commence any litigation relating to it except in such courts).

Copyright © 2007 Gay & Lesbian Yellow Pages, Inc. All rights reserved.


LIST OF TRADE MARKS

Gay & Lesbian Yellow Pages®
Gay Yellow Pages®
The directory that reaches the heart of the community?
Share the Pride?
From Gay to Z?
GLYP.com®
GayYellow.com®
GAY TELEPHONE DIRECTORY?
THE ORIGINAL GAY YELLOW PAGES?
There's Only One?
T
he One Our Community Uses?
Gay Phone Book?






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