Web Services Agreement: Terms and Conditions
1. Binding Agreement: By signing this Web Services Agreement, Advertiser agrees that this document is a binding agreement and further agrees to the terms and conditions contained herein and at: http://www.gaytravel.com. This agreement is not binding as to GT, until signed by a duly authorized representative of GT.
2. Advertiser Warranties: Advertiser has the sole responsibility for the content of its Website, including, without limitation any e-mail addresses therein. Advertiser further warrants and represents that:
a. Advertiser is authorized to sell all products and/or services listed in its Website;
b. Advertiser has the right to use all content on its Website including trademarks, service marks, names, information, images, artwork and likenesses;
c. Advertiser has the right to use all copyrighted work to be reproduced in its advertising and Advertiser has the sole responsibility to register and protect the same; and
d. Advertiser’s advertising will not infringe any trademark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, nor will it constitute false, deceptive or unfair advertising or disparagement under applicable law; Subscriber’s Website complies with all applicable laws and/or regulations, including, for example, licensing requirements and administrative or professional rules and regulations; Any prices, discounts, or product availability quoted in Advertiser’s Website shall be complete, accurate and honored by Advertiser. Advertiser agrees to indemnify and hold harmless GT as to any attorney’s fees, expenses, losses, or damages, which we may sustain as a result of its Website or the content provided by Advertiser to GT.
3. Time is of the Essence: Advertiser acknowledges that its delay in providing content on a timely basis as required under this Agreement, including images, questionnaire responses, banner files, etc. may cause Advertiser to forfeit its right to receive all publications and promotions due to Advertiser as set out on Page 1 of this Agreement. No refunds are due to Advertiser or extensions of this Agreement term should Advertiser fail to provide said content on a timely basis.
4. Termination: Advertiser may terminate this Agreement at any time, however, in no event will a refund or credit be issued. GT may terminate this Agreement at any time, without notice, if: a. Payment is not made as required by this Agreement; b. Advertiser places a Google Adsense or similar program on its Website; c. Advertiser places an Third Party Booking Engine on its Website.
5. Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties hereto concerning the subject matter hereof; supersedes and replaces all prior agreements, arrangements and understandings between the parties; and may be amended, modified, superseded or canceled only by a written instrument executed by both parties and their duly authorized representatives
6. Limitation of Liability: GT will use all reasonable efforts to fulfill the deliverables of this Agreement as stated herein. GT does not warrant that the functioning of any Network will not affect the publics’ ability to view the GT Website. Any liability that we or any affiliate, employee, agent, may have due to errors and omissions with respect to this Agreement or any other obligation under this Agreement shall not exceed the amount of charges for the services rendered herein. This limitation of liability applies to all claims in contract, tort, and strict liability or otherwise and to any loss of business, profits, or additional costs incurred.
7. Force Majeure: If either party is prevented from performing any of its duties and obligations hereunder in a timely manner by reason of any act of God, strike, labor dispute, public disaster, equipment, software or technical malfunctions or failures, power failures or interruptions or any other reason beyond its reasonable control, such condition shall be deemed to be a valid excuse for delay of performance or for nonperformance of any such duty or obligation for the period during which such condition exists.
8. Disputes and Small Claims Court: The Parties agrees to resolve any dispute relating to this Agreement, which dispute cannot be resolved amicably, through the Small Claims Court system, in San Diego, California. The parties hereby agree that the Small Claims Court ruling shall be the final resolution of the dispute.
9. Final Approval: Content provided by Advertiser is subject to GT approval. GT reserves the right to revise content that violates its content and editorial guidelines. which revisions shall not be grounds for cancellation of this Agreement.