Terms of Service

Agreement and who may use the site

These Terms of Service are an agreement between you and The Gaygency ("we," "us"), a marketing and advertising agency based in New York, NY. By accessing thegaygency.com or submitting any form on it, you accept these terms and our Privacy Policy and Cookie Policy, which are part of them.

The site is intended for business use by people 18 or older. If you use the site on behalf of a company, you represent that you have authority to bind that company, and "you" includes it.

What the site is, and is not

The site describes our services, publishes marketing guides and reference material, and lets you contact us, request speaking engagements, join our Talent Network, apply for roles, and book discovery calls.

Everything published on the site — guides, the glossary, statistics, case studies, and commentary — is general information, not professional advice for your situation. Marketing results described anywhere on the site, including case studies and revenue figures, are real historical outcomes for specific clients; they are not a promise that your results will match. No agency relationship, engagement, or contract for services is created by using the site, submitting a form, or booking a call. Services are engaged only through a separately signed proposal, statement of work, or services agreement, and that document governs the engagement.

Discovery calls and the reservation fee

Booking a discovery call requires a five-dollar reservation fee, processed by Stripe. The fee exists to keep our calendar honest, and it is applied as a courtesy credit against your first engagement if we work together.

If we cancel your call or cannot offer you a time, we refund the fee. If you need to reschedule, use the link in your confirmation email and the fee carries over. If you simply do not attend, the fee is not refunded. Nothing in this section limits any non-waivable consumer rights you have where you live.

Your submissions

When you submit information through our forms, you promise it is accurate and yours to give. You keep ownership of your content. You grant us a non-exclusive license to use what you submit for the purpose you submitted it: answering your message, evaluating and staffing projects, considering your application, arranging speaking engagements, and maintaining our records.

Talent Network and careers submissions do not create an employment or engagement relationship, an obligation to cast or hire, or any entitlement to compensation. Ideas you volunteer about our business are non-confidential; we may use similar ideas we developed independently.

Acceptable use

You agree not to: use bots, scrapers, or automated tools to access the site or submit forms (our forms carry anti-automation defenses, and automated submissions are discarded); probe, overload, or interfere with the site's security or availability; submit false, unlawful, defamatory, or infringing content; misrepresent who you are or who you act for; use the site to send spam or harvest data about others; or attempt to access accounts, systems, or data that are not yours.

We may block, rate-limit, or discard traffic and submissions that violate this section, and may suspend access to the site at our discretion to protect it.

Intellectual property

The site and its content — text, guides, the glossary, case studies, design, graphics, code, photography, video, and the "The Gaygency" name, logo, and marks — belong to us or our licensors and are protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-transferable license to view the site for your own business evaluation and reference.

You may quote brief excerpts of our guides with attribution and a link. You may not republish substantial portions, use our content to train machine-learning models, frame the site, or use our marks without written permission. Client names and logos on the site identify real engagements and remain their owners' property. Embedded videos remain the property of their owners and are shown via the platforms' embed tools under those platforms' terms.

Third-party services and links

The site links to and embeds third-party services, including YouTube (campaign videos), Stripe (payments), and the review and certification bodies we reference. Those services have their own terms and privacy practices, which apply when you use them. We are not responsible for third-party sites or services.

Disclaimers

The site is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or secure, or that content is complete or current. Statistics and citations in our guides reflect the sources available when written and may age.

Some jurisdictions do not allow certain warranty exclusions; where that is the case, the exclusions apply to the fullest extent permitted.

Limitation of liability

To the fullest extent permitted by law: we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from your use of the site, even if advised of the possibility. Our total liability for all claims relating to the site in any twelve-month period is capped at the greater of one hundred dollars or the amounts you paid us through the site in that period.

This section does not limit liability that cannot be limited by law, including for fraud or willful misconduct. Liability arising under a signed services agreement is governed by that agreement, not these terms.

Indemnification

You will defend and hold us harmless from claims, damages, and reasonable costs (including attorneys' fees) arising from your violation of these terms, your submissions, or your misuse of the site, except to the extent we caused the harm.

Governing law and disputes

These terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Before filing any claim, you agree to contact us and give us thirty days to resolve the issue informally. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to their jurisdiction. Claims must be brought within one year of when they arose, where the law allows that limit.

Changes, severability, and contact

We may update these terms; the "Last updated" date reflects the current version, and material changes get a notice on the site. Continued use after a change means the updated terms apply. If any provision is found unenforceable, the rest remain in effect; a failure to enforce a provision is not a waiver.

Questions about these terms: use the contact form at thegaygency.com/contact. Mail: The Gaygency, New York, NY.