Terms of Service Agreement

Terms of Service Agreement

JW Publishing, Inc. provides services to you, subject to this Terms of Service Agreement, which may be updated by us at any time without notice to you. The most current version of this Terms of Service Agreement is available for your review at any time at: http://www.jwpublishing.com/TermsofServiceAgreement.html. All terms, rules, instructions and conditions published on any form you submit are hereby incorporated by reference into this Terms of Service Agreement.
This document was last changed on May 8, 2008.

Statement of Ownership. JW Publishing, Inc., we and us, as used throughout this Terms of Service Agreement are JW Publishing, Inc. JW Publishing, Inc. is a privately held corporation incorporated under the laws of the State of Florida and the United States of America. Our mailing address is: JW Publishing, Inc., PO Box 46, Inglis, Florida 34449-0046. Our telephone number is 1-888-788-5885.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Your use of our directories, pages and listings is at your own risk. Our directories, pages and listings are provided on an as is and as available basis. JW Publishing, Inc. expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to any implied warranties of merchantability or fitness for any purpose.
JW Publishing, Inc. Makes No Warranty That (A) Our Directories, Pages And Listings Will Meet Your Requirements, (B) Our Directories, Pages And Listings Will Be AVAILABLE, Or Error-Free, (C) The Quality Of Any Products, Services, Information, Or Other Material Purchased Or Obtained By You Through Our Directories, Pages And Listings Will Meet Your Expectations.
Any Material Downloaded Or Otherwise Obtained From any source through The Use Of Our Directories, Pages And Listings Is Done At Your Own Risk And That You Will Be Solely Responsible For Any Damage To Your Computer System Or Loss Of Data That Results From The Download Of Any Such Material.
No Advice Or Information, Whether Oral Or Written, Obtained By You From JW Publishing, Inc. Or from any other source Shall Create Any Warranty Not Expressly Stated In this Terms Of Service Agreement.
You expressly understand and agree that JW Publishing, Inc. shall not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if jw publishing, inc. has been advised of the possibility of such damages, resulting from: (A) the use or the inability to use our directories, pages and listings; (B) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into with third parties through our directories, pages and listings; (C) any other matter relating to our directories, pages and listings.

Entirety of Agreement. This Terms of Service Agreement constitutes the entire agreement between you and JW Publishing, Inc. and govern your use of our directories, pages and listings. This Terms of Service Agreement supercedes any prior agreements between you and JW Publishing, Inc.. If any provision of this Terms of Service Agreement is found by a court of competent jurisdiction to be invalid, the other provisions of this Terms of Service Agreement remain in force and effect. You and JW Publishing, Inc. agree that the that the court should endeavor to give effect to the parties' intentions as reflected in the provision of this document should the court find any provisions invalid.

Choice of Law. This Terms of Service Agreement and the relationship between you and JW Publishing, Inc. shall be governed, without regard to conflict of law provisions, by the laws of the State of Florida. You and JW Publishing, Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Levy, Florida.

Editorial Approval. Our editors will verify that the topic and or location of publication requested is appropriate for the listing and the web page or site, it's purpose, organization, product or service.

Prohibited Listings. The site must not promote any product, service, activity or contain information promoting any product, service or activity that, in JW Publishing, Inc.'s sole determination, may be illegal under any applicable law, statute, ordinance or regulation; or that may infringe on or violate anyone's rights, or is inflammatory, offensive, or otherwise inconsistent with the purposes of the directories, indexes or search engines in which the listing is to be included.

Removal of Listings. You agree that JW Publishing, Inc., in its sole discretion, may remove your listing, or any part thereof, from our directories, pages and listings, or any part thereof, for any reason, including, without limitation, if JW Publishing, Inc. believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service Agreement. Your listing will be removed if any of the following occur:

You request the listing be removed. It may take several weeks for the listing to be removed.
Your server returns an Error or Warning Code or does not respond or can not be reached. All listings are checked at regular intervals. URL's returning an Error Code or Warning Code are rechecked several times over several days. If all attempts to access the URL fail, the listing will be removed.
We determine changes made to your site are so substantial that our listing no longer accurately describes your site. For example, if a personal site becomes so popular it is sold or turns into a casino site, we will remove the original listing.
The url submitted forwards or redirects to another url or site which is inconsistent with the original description.
Without limitation, JW Publishing, Inc., in our sole discretion, shall have the right to remove any listing that violates this Terms of Service Agreement.

Termination of Listings. JW Publishing, Inc. may in its sole discretion and at any time discontinue providing our directories, pages and listings, or any part thereof, with or without notice. You agree that any termination of your listing may be effected without prior notice, and acknowledge and agree that JW Publishing, Inc. may immediately suspend or delete your listing and all related information and bar any further submissions from you or related companies and websites. Further, you agree that JW Publishing, Inc. shall not be liable to you or any third-party for any termination of your listing.

Limitation on Publicity. Any and all public announcements, including but not limited to press releases, related to your inclusion in our directories, indexes and pages, including the method and timing of such announcements, must be approved in advance and in writing by JW Publishing, Inc.. JW Publishing, Inc. reserves the right to withhold approval of any public announcement, for any reason, in its sole discretion.

Privacy of Submitted Information. JW Publishing, Inc. maintains information about your submission, including all information provided on the submission form. We agree not to use such information for any marketing or other promotional purposes unless you give us permission. You agree that JW Publishing, Inc. may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or a legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of JW Publishing, Inc. or others. No personally identifiable information is sold, lent, rented or otherwise distributed to any party for any reason other than as expressly stated above.

Limitation on our Liability. You understand and agree that our directories, pages and listings are provided "AS-IS." You understand that by using our directories, you may be exposed to content that is offensive, indecent or objectionable. JW Publishing, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, our directories, pages and listings (or any part thereof) with or without notice. You agree that JW Publishing, Inc., and its affiliates, officers, agents, and employees shall not be liable to you or to any third party for any modification, suspension or discontinuance of our directories, pages and listings. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our directories, pages and listings or this Terms of Service Agreement must be filed within one (1) year after such claim or cause of action first manifest or be forever barred.

Your Obligation of Due Diligence. You acknowledge that JW Publishing, Inc. does review listings, but can not control subsequent changes to content of any website we list. JW Publishing, Inc. does not control the content of any websites we list and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will JW Publishing, Inc. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any information, services or products described, promoted or sold on any website. JW Publishing, Inc. shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our directories, pages and listings, and shall not be responsible or liable for any financial transaction, purchase, trading or investment decisions made based on such information.

JW Publishing, Inc. provides links to other World Wide Web sites and resources. Because JW Publishing, Inc. has no control over such sites and resources, you acknowledge and agree that JW Publishing, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JW Publishing, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You agree that you must evaluate, and assume all risks associated with, the use of any listed website, including the accuracy and completeness of such content. In this regard, you acknowledge that you may not rely on any content created by JW Publishing, Inc. or submitted to JW Publishing, Inc. or published by JW Publishing, Inc..

You understand and agree that your correspondence or business dealings with any third party found on or through our listings, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that JW Publishing, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties listing or advertisement on our directories, pages and listings.

Hold Harmless. You are responsible for your actions. You agree to indemnify and hold JW Publishing, Inc., and its affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through our directories, pages and listings, or your use of our directories, pages and listings, or your violation of this Terms of Service Agreement, or your violation of any rights of another. This means if you do something that causes someone else to sue us, you agree to pay all of our expenses resulting from your actions.

End User License. JW Publishing, Inc. grants you a personal, non-transferable and non-exclusive right and license to use our pages, directories and listings on a single computer; provided that you do not copy, modify, create a derivative work of or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights. You agree not to access or attempt access our listings, directories or pages, by any means other than hypertext transfer protocol, http.

No Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our directories, pages and listings. You agree not to sell, resell or exploit for any commercial purposes the use of our directories, pages and listings. You agree not to sell, resell or exploit for any commercial purposes access to our directories, pages and listings.

Trademark and Copyright Information. Gayscape, Gayscape.com, Gayscpape.net, ManQuest, ManQuest.com, NotVanilla, NotVanilla.com, GayTampa, GayTampa.com, GayTampaBay, GayTampabay.com, and other logos and service names appearing within our directories are trademarks of JW Publishing Inc. Without JW Publishing, Inc.'s prior permission, you agree not to display or use in any manner, the JW Publishing, Inc. Marks. You acknowledge and agree that our publications, contain proprietary and confidential information that is protected by applicable intellectual property and other laws of the United States of America and other countries, such as copyrights, trademarks, service marks or other proprietary rights and laws. All content of our site is protected intellectual property of JW Publishing, Inc. and may not be incorporated into any other works. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our publications, in whole or in part.

Notices. Any notices to you may be made via either email or regular mail at our discretion. We may also provide notices of changes to this Terms of Service Agreement or other matters by displaying such notices or links to notices to you on our directories, pages and listings. We can not be responsible for non-delivery of any electronic correspondence. Electronic correspondence from you shall only be considered to have been delivered if you receive a reply from us.

Failure to Enforce. The failure of JW Publishing, Inc. to exercise or enforce any right or provision of this Terms of Service Agreement shall not constitute a waiver of such right or provision.

Titles. Titles used for paragraphs in this Terms of Service Agreement are for convenience only and have no legal or contractual effect.