This is a legally binding agreement. You should carefully read the Terms of Use below before using this Gay Tomato website. By using GayTomato.com, 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 Website. Any questions in relation to these Terms of Use should be sent to .
DEFINITIONS
- "Intellectual Property" includes, without limitation, copyright, design, patents, trademarks, service marks, goodwill and reputation.
- "Material" means all entries made on the Website by you.
- "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.
- "Privacy Policy" means the privacy policy issued by Gay Tomato and WorkHart Enterprises, which is incorporated by reference into these Terms of Use.
- "Service(s)" means the services and information provided by Gay Tomato and/or WorkHart Enterprises through the Website, such services and information being subject to change at the sole discretion of Gay Tomato and/or WorkHart Enterprises.
- "Terms of Use" means these terms and conditions of use.
- "Trademark" means those trademarks or service marks listed in GayTomato.com / WorkHart Enterprises Intellectual Property.
- "We", "Us" and "Our" means WorkHart Enterprises and/or Gay Tomato including it's corporate parent(s) and affiliates, and the directors, officers, agents and employees thereof.
- "Website" or "Site" means the website at the URL http(s)://gaytomato.com and all related web pages.
- "You" or "Your" meaning persons, businesses, advertisers, or anyone using this site.
USE OF WEBSITE
We grant you a non-exclusive, non-transferable license to access and use the Website. You may not disseminate any portion of the Website through electronic means, including mail lists or electronic bulletin boards, without the prior written consent of Gay Tomato and WorkHart Enterprises. Except as expressly permitted in these Terms of Use, the Website or any part of it may not be reproduced, transmitted, or distributed without Our written permission. You may not commingle any portion of the Website with any other information and shall not edit, modify, or alter any portion. Anyone wishing to link with the Website should obtain the prior written permission from Us. Inquiries should be directed to .
OUR RIGHTS AND OBLIGATIONS
We: shall provide you with reasonable access to the Website; may at Our absolute discretion, terminate any or all use of any or all parts of the Website at any time without notice; and We may, but are not obligated to, monitor any Material residing on or transmitted to Our servers. We may, without notice, change or remove any Material residing on or transmitted to Gay Tomato servers that We, at Our sole discretion, believe is unacceptable or violates the law or these Terms of Use.
YOUR RIGHTS AND OBLIGATIONS
You; will use the Website in accordance with these Terms of Use; accept that the Website is provided on an "as is, as available" basis; are solely responsible for the content of the Material transmitted to Our servers by You; will not access, or enable others to access, parts of the Website which You are not authorized to access, including personal information of other users or Advertisers of the Website; will not, by your use of the Website, pass off or infringe any Intellectual Property rights of Gay Tomato and/or WorkHart Enterprises or any third party, including, but not limited to any third party advertising on the Website; must not post, upload, publish, reproduce, send, transmit or otherwise distribute any Material on or through the Website that: 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; You do not have the right to post, upload, publish, reproduce, broadcast, transmit or otherwise distribute; passes off or infringes upon any copyright, trademark, service mark, patent or other Intellectual Property right of another person or business; is in contempt of any legal proceedings; is false or misleading; 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, color, religion, beliefs, ethnic or national origin, sex, marital status, sexual orientation, gender identity, gender expression, disability, political opinions or age; is offensive, or of an indecent, obscene or menacing character; is likely to cause, or is for the purpose of causing, annoyance, inconvenience or needless anxiety to another; is defamatory; impersonates any person or misrepresents your relationship with any person or authority; contains unsolicited or unauthorized advertising; contains viruses, worms, Trojan horses or other code with contaminating or destructive properties; 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 Website, the Internet or any network; You must also not use the Website in a manner or for any purpose prohibited by law (including without limitation, to send or communicate messages, conduct activities or otherwise use the Service in contravention of the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1988, or the Human Rights Act 1981); or 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; You should be aware that Gay Tomato and WorkHart Enterprises will fully co-operate with any regulatory authority, law enforcement authorities or court order requesting or directing Gay Tomato and/or WorkHart Enterprises to disclose the identity of anyone posting any such information or Materials.
YOUR INDEMNITY
You agree to indemnify Gay Tomato and WorkHart Enterprises from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which We, Our 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 Website. We reserve the right to assume the exclusive defense and control of any such matter for which You have agreed to indemnify Us, in which event You shall have no further obligation to indemnify with respect to that particular matter.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not make any guarantees or warranties as to the accuracy or completeness of, or results to be obtained from, accessing and using the Website, the Website content, nor any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the Website. 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. We 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 thereof. In no event will We 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 Gay Tomato and/or WorkHart Enterprises 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 Website. Statements relating to services or goods provided by Us or the prices at which any services or goods may be offered are provided as informational only and do not construe any offer or acceptance of contract and may be changed by Us at anytime, without notice. We do not guarantee, represent or warrant that this Website 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. All material displayed by Us on the Website, whether created by Us or its users is for information only and is no substitute for specific advice or inquiry. Where We provide hypertext links on the Website to other sites We do so for information purposes only, and such links are not endorsements by Us of any products or services in such sites and We accept no liability nor do We make any endorsement of or approval of the same. We will not be responsible or liable to You for any losses or damages resulting from Your use of links to or from external Websites or for any dealings with such third parties.
PRIVACY
WorkHart Enterprises operates the Gay Tomato Website and 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 Us on this Website, 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 Website. By using the Website, You agree with the terms of the Privacy Policy. We reserve the right to change or remove the Privacy Policy at Our sole discretion. You may contact Us at if you have any comments or questions about the Privacy Policy or if You want to report any violations of the Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property rights in the Website either belong to Us or are lawfully licensed to Us by their owners. Maps on the Website are the Intellectual Property of the map producers and are protected by their own copyrights. Use of Trademarks on the Website, GayTomato.com, is authorized under license from WorkHart Enterprise. You may not in any way modify, copy, distribute, republish or upload anything on the Website without prior consent in writing from Us. No Intellectual Property rights or other rights are transferred to You. Although We do not assume the responsibility for monitoring the use of Intellectual Property rights of third parties, we may, at Our 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 Website contains unauthorized reproductions of Your copyrighted work, or links to Websites containing unauthorized reproductions of Your copyrighted work, You may notify us at .
LISTINGS
Gay Tomato services, on behalf of WorkHart Enterprises, publishes the listings and ads on this Website. If your Listing is inaccurate or you want it removed, please contact Gay Tomato: in writing, at 777 S. Camino Real #5, Palm Springs, CA. 92264; by email to ; by submitting the information through Our Contact page; or by calling +1 (760) 464-9418.
MISCELLANEOUS
Gay Tomato™ is a division of WorkHart Enterprises whose place of business is 777 S. Camino Real #5, Palm Springs, CA. 92264 and telephone number is +1 (760) 464-9418. The tomato globe logo design and “Gay Tomato” are trademarks of WorkHart Enterprises. Unauthorized use of the Gay Tomato logo or easily confused design, in whole or in part, is a violation of international copyright and trademark laws and will be prosecuted.
These Terms of Use contain the entire understanding between Gay Tomato, WorkHart Enterprises and You with respect to the Website and no representation, statement, inducement oral or written, not contained in these Terms of Use shall bind either Gay Tomato, WorkHart Enterprises or You. 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. We may at any time revise these Terms of Use. By using the Website, 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. Should We 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. This site is created and controlled by WorkHart Enterprises in Palm Springs, California, United States of America. As such, the laws of California 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 Riverside County California for any litigation arising out of or relating to use of the Website (and agree not to commence any litigation relating to it except in the State of California, Riverside County courts).