- Term. This Agreement will remain in full force and effect while you use the Site and/or are a Client of GayLinkContent.com. You may terminate your membership at any time upon receipt by GayLinkContent.com of your written or email notice of termination. GayLinkContent.com may terminate your access to the Site. GayLinkContent.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 GayLinkContent.com.
- Sales Payouts.
Sales Payout checks will be sent out on the 10th day of each month, paying you for sales earned the previous month, less our commission of 35% (paying you 65%). If the amount is under $100, we will wait until your Sales Payout have accumulated to over $100 before sending out your check.
Full reports will be e-mailed to you monthly, detailing all orders for your content, including what companies purchased it and for what use.
- Proprietary Rights in Content on GayLinkContent.com. The Site contains the copyrighted material, trademarks, and proprietary information of its licensors. Except for that information which is licensed by a registered media buyer for which the media buyer has been given permission on a specific body of work, a person or company may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
GayLinkContent.com owns and retains other proprietary rights in the GayLinkContent.com Site and the GayLinkContent.com Service, in terms of its own programming and design.
- Rights of Licensor.
Any and all works posted for licensing from GayLinkContent.com are the specific property of you, the Licensor. GayLinkContent.com makes no claim whatsoever to these works, nor does GayLinkContent.com request or require any exclusivity with these works.
For licensors having a print AND online version of their publication, they may publish your work to both mediums at no additional charge. The licensee DOES NOT have the right to resell your work to any 3rd party. If licensee would like to use your work on other media entities that are owned by the licensee, they may do so only with prior written approval by GayLinkContent.com and you, the licensor. The choice of charging an additional fee for such use is your decision, not ours, and we will process the transaction for you.
In addition, you DO NOT have the right to negotiate a separate contract with the licensee that excludes GayLinkContent.com, without prior written agreement by GayLinkContent.com.
- Rights Granted By Licensor To Licensee.
Licensee may make excerpts of Licensor's articles available to other entities or media outlets. For written works, excerpts are defined as 100 words or less, or 10% of the total number of words of the work, whichever is less. Licensor understands that Licensor will not be paid a syndication fee by the licensee unless Licensor's article is used with more words than what is spelled out in the excerpt definition above.
Licensor represents that Licensor's licensed works are and will always be original, and that Licensor is and will always be the sole author/creator of the works submitted to GayLinkContent.com. In addition, Licensor represents that Licensor has the PUBLISHING & SYNDICATION RIGHTS to works submitted to GayLinkContent.com. For photos used with any works, Licensor represents that Licensor has the rights to use these photos for syndication on GayLinkContent.com.
Licensor represents that Licensor will have obtained the consent of all persons interviewed for inclusion in any article submitted to GayLinkContent.com.
- Use by H.I.M.. Hyperion Interactive Media (H.I.M.) is the parent company of GayLinkContent.com, and may acquire and own websites and/or magazines. As Licensor, you agree to make your content available for license by H.I.M. or any of its subsidiaries and joint ventures at 50% of the retail price (instead of the normal 65% we pay out).
H.I.M. currently owns, is a joint venturer or holds equity in GayWebMonkey.com, GaySports.com, GayWork.com, ProudParenting.com, Navigaytion.com, GayWired.com, LesbiaNation.com and 365gay.com.
In addition, H.I.M. will be paying the licensing fee only once, but may use the content in more than one site when appropriate.
- Use of Free Content GayLinkContent.com makes free content available for use, royalty-free, as well. Free content may have some stipulations, including crediting the author, site or magazine which posted the free content. These stipulations must be abided to in order to use this free content.
- Freelance Requests GayLinkContent.com is set up to allow editors and other content buyers the opportunity to contact you, the content creator, directly from our site in order to inquire and potentially commission you to develop a story or other body of work for them. Our rates for such freelance work commissioned through GayLinkContent.com are 10% of the total price paid to you for such work.
- Privacy. Use of the GayLinkContent.com Site and/or the GayLinkContent.com Service is governed by our privacy policy.
- Disclaimers. GayLinkContent.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the GayLinkContent.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 GayLinkContent.com Service whether online or offline. GayLinkContent.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. GayLinkContent.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 GayLinkContent.com Site and/or in connection with the GayLinkContent.com Service. Under no circumstances will GayLinkContent.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 GayLinkContent.com Site. The Site and the Service are provided "AS-IS" and GayLinkContent.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GayLinkContent.com cannot guarantee and does not promise any specific results from use of the Site and/or the GayLinkContent.com Service.
In addition, GayLinkContent.com is not responsible for unauthorized use of licensors work in any medium (print, television, Internet, etc.) GayLinkContent.com will help the licensor in any way it can to prevent such unauthorized use, but the actual enforcement of any copyright or trademark violations will be the responsibility of the licensor.
- Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will GayLinkContent.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 GayLinkContent.com Service, even if GayLinkContent.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GayLinkContent.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 GayLinkContent.com, Inc. for the Service during the term of membership.
- 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.
- 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.
- Indemnity. You agree to indemnify and hold GayLinkContent.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.
- Other. This Agreement, accepted upon use of the Site and further affirmed by becoming a Client of the GayLinkContent.com service, contains the entire agreement between you and GayLinkContent.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.
