TERMS AND CONDITIONS OF USE

You must read and agree to these terms and conditions before using gayradio.com's services as a subscriber, caller, broadcast host, or advertiser. Please read them carefully.

1. You hereby agree to be bound by all the terms and conditions set forth in this agreement. The parties to this agreement are you, known as the "user", and gayradio.com. You hereby affirm that you are currently 18 years or greater in age and are capable of lawfully entering into this agreement for use of the gayradio.com site.  This agreement is subject to change by gayradio.com at any time, and changes are effective upon notice by email, posting at or via hyperlink to gayradio.com, or by mail.
    
2. Visitors: Visitors to gayradio.com have access to all public areas of the site, which are unrestricted by password protection.  Visitors remain subject to the terms and conditions of this agreement where applicable.
    
3. Callers: All callers who have been invited or scheduled to appear on or who call in anonymously during gayradio.com's live broadcasts are subject to the terms and conditions of this agreement.  The location from which the call is made must be identifiable by a viewable telephone number on standard caller-id equipment, even if the name of the caller remains unknown.  Gayradio.com reserves the right to block or refuse to answer any call or to disconnect any call at its discretion. 
    
4. Hosting MyRadio and GAYRADIO^tm:  Users may be invited or scheduled to co-host one of the featured GAYRADIO^tm programs or may host their own talk radio broadcast as a MyRadio show by calling into our live broadcast at a previously scheduled time.  All hosts remain subject to the terms and conditions of this agreement.  User hosts may be charged a prepaid fee for their air-time depending on the type, content, purpose and frequency of their broadcasts.  User hosts may or may not be gayradio.com subscribers.  All live broadcasts will be monitored live by gayradio.com staff, and gayradio.com reserves the right to refuse air-time to anyone, as well as interrupt or stop any broadcast at its discretion.
    
5. Advertising:  Gayradio.com offers prepaid advertising space as follows: (a) 60-second  prerecorded commercials, aired during broadcasts; (b) 60-minute live or prerecorded infomercials, aired as MyRadio segments; (c) banners on the gayradio.com web site.  All advertisers and their materials remain subject to the terms and conditions of this agreement.  Gayradio.com reserves the right to refuse advertising space to anyone.
    
6. Subscribers/Members: Users may become members as Free Access subscribers or Total Access subscribers.  The type of subscription will determine their access to gayradio.com features, including live and on-demand broadcasts, podcasts, blogs, forums and personal profiles.  Subject to the terms and conditions set forth in this agreement, gayradio.com agrees to provide to all gayradio.com subscribers all the privileges available to subscribers in good standing.
    
7. Some or all of the following fees and charges may be incurred by the subscriber:

   a. Subscription Fees.  As a Total Access subscriber, you are responsible for paying subscription fees according to the then-current billing terms.  Subscription fees are non-refundable, and you must be 18 years of age or older to receive a subscription to gayradio.com. For your convenience and satisfaction, all subscriptions are subject to recurrent billing and will automatically renew upon expiration unless your subscription is cancelled at least 24 hours prior to expiration. For subscriptions remaining in good standing, cost of renewal will not be affected by any increase in gayradio.com subscription rates as long as your subscription remains continuous and uninterrupted. All subscription cancellations can take place by accessing the "Contact Us" service area and clicking the "Cancel My Subscription" link.

   b. Other fees and/or charges for goods and services ordered at, through and/or from gayradio.com and its licensees.
    

8. Subscriptions may not be assigned or transferred to any other person or entity. You must promptly inform gayradio.com of the following: changes in the expiration date of any credit card used in connection with gayradio.com; changes in home or billing address; any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a user ID or password. Until gayradio.com is notified of a breach in security, by accessing http://www.ccbill.com, you will remain liable for any unauthorized use of gayradio.com. Upon request, you will be given access to billing records that support charges for your use of gayradio.com membership services.
    
9. Subscription to gayradio.com may be terminated at any time, and without cause, by either gayradio.com or the subscriber upon notification of the other by telephone, through the web site or by email. You agree to be personally liable for all charges incurred by you during or through the use of gayradio.com. Your liability for such charges shall continue after termination of your membership for any reason. 
    
10. "GAYRADIO" is a trademark of gayradio.com.  All rights are reserved. You acknowledge and agree that all materials contained at gayradio.com are proprietary and constitute valuable intellectual property. You acknowledge and agree that as such, you may only access, view, download, receive and otherwise use available materials only as authorized by gayradio.com. You agree that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the gayradio.com does not authorize such access, viewing, downloading, receipt or other use.  You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from gayradio.com, in which you are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in any manner violating this Terms And Conditions Of Use agreement shall constitute intentional infringement(s) of gayradio.com's and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of gayradio.com's trademark and other rights, including, but not limited to, rights of privacy.
     
11. All materials, including webcasts, podcasts, messages, and other communications, contained at gayradio.com are intended for the distribution exclusively to consenting adults in locations where these materials do not violate any federal, state, or local law. You hereby acknowledge that materials presented at and/or downloadable from gayradio.com may at times include visual, audio, and/or textual depictions of nudity and homosexual, heterosexual, bi-sexual, and/or transsexual situations of a sexual nature, that you are familiar with materials of this kind, and that you are not offended by such materials. You hereby acknowledge and agree that no materials from any parts of gayradio.com are authorized, and no materials are intended, by gayradio.com to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas where adult content material is prohibited by law.
     
12. Subject to the terms and conditions set forth herein, gayradio.com hereby grants you a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with authorized subscriber use of gayradio.com. Gayradio.com provides these materials during the period in which you are a current subscriber in good standing. You may use the materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if downloadable copies of the materials are made available by gayradio.com, you may make only a single copy of such materials for your personal use and enjoyment. You may not remove any propriety notices from materials at any time. You may make no use of materials not expressly authorized herein or by prior express written authorization from gayradio.com. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the materials; (2) modifying, translating, reverse engineering, recompiling, disassembling the materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the materials except as provided herein; (4) renting, leasing, or transferring any rights in the materials; (5) removing any proprietary notices or labels on or from the materials; and (6) making any other use of the materials. This license does not grant you any rights to any software enhancements or updates of any kind.
     
13. Except for public domain material or material otherwise licensed to gayradio.com for electronic dissemination, all materials available through gayradio.com are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of gayradio.com.  All editions of gayradio.com, and all materials and other matter used directly or indirectly in, at, by, through and/or with gayradio.com are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations.  All rights are reserved.  All intellectual property and other rights in and to the materials and other matter at gayradio.com shall at all times remain in gayradio.com, its parent, subsidiaries, licensees and assigns.  All intellectual property and other rights in and to any intellectual property content accessed through the materials is the property of the applicable content owner, which may be gayradio.com, its parent, subsidiaries, licensees and assigns, or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this agreement, cease, for any reason, to be a subscriber in good standing, or are notified of its termination by gayradio.com or its authorized agents.
     
14. You are responsible for providing all personal computer and communications equipment necessary to gain access to gayradio.com.  Access to and use of gayradio.com subscriber areas of the web site is through the use of a password. You must keep your password strictly confidential. Unauthorized access to gayradio.com is a breach of this agreement. 
     
15. You agree that materials and all other services provided to you by gayradio.com are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the materials and all services provided by gayradio.com is borne by you. Should the materials or any other service provided by gayradio.com prove defective and/or cause any damage to your computer or inconvenience to you, you, and not gayradio.com, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall gayradio.com, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of materials or other use of gayradio.com.
     
16. Gayradio.com shall not be liable for, including without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, power failures, communications line failure, "Acts of God" consequences, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action.  Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
     
17. Gayradio.com is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, data, advertisement or other communication at or through gayradio.com.
     
18. No warranty is made by gayradio.com regarding any information, services, materials or products provided through or in connection with gayradio.com. Views expressed at gayradio.com, whether written, broadcast, audible or visible, are not necessarily the views of gayradio.com, its managers, owners, associates or affiliates. Viewer and listener discretion is advised. Gayradio.com hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
     
19. Gayradio.com does not screen or endorse the validity or veracity of advertisements or communications submitted to gayradio.com by third-party licensees, advertisers, or subscribers for electronic dissemination through gayradio.com. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of gayradio.com prior to purchasing goods and/or services described at gayradio.com or otherwise responding to any communication at gayradio.com.
     
20. Gayradio.com's broadcast and database formats enable users to communicate with and otherwise share information with other users or persons providing any kind of services via gayradio.com.  As a user, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, or illegal material while connected to or otherwise directly or indirectly using gayradio.com or other services provided to you by gayradio.com. Transmission of such material or any material from the United States or anywhere else in the world that violates any federal, state, or local law in that locale of origin, is strictly prohibited and shall constitute a material breach of this agreement entitling gayradio.com to immediately terminate all rights to access gayradio.com. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through gayradio.com, even if a claim should arise after termination of service. You agree that all messages, posts, broadcasts, and other communications by you shall be deemed to be readily accessible to all other users who are authorized to access gayradio.com and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether gayradio.com provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all communications which you submit to gayradio.com by email, telephone or correspondence can be read by the operators and/or other agents of gayradio.com, whether or not they are the intended recipients. As a user of gayradio.com's services, you agree to acquaint yourself with our Privacy Policy and support all efforts of gayradio.com to protect the personally identifiable information associated with your use of our services as well as that of your fellow users.
     
21. Notices from gayradio.com to subscribers may be given by means of email, by general posting on gayradio.com, or by conventional mail. Communications from you to the gayradio.com may be made by email, telephone, or via the gayradio.com web site. All questions, complaints, or notices to gayradio.com may be sent in the following manner:

a. Regarding billing inquiries or cancellations via http://www.ccbill.com/.

b. General questions, complaints, or notices by emailing customercare@gayradio.com.

22. This agreement contains the entire agreement between the user and gayradio.com regarding your use of gayradio.com, materials and all materials directly and indirectly related thereto. This agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by gayradio.com, globally or personally. This agreement shall be governed by and construed under the laws of the State of California and the United States.