Terms of Use

Friday, 15 June 2012

Gender Spectrum Terms of Use

Effective as of June 1, 2012

The following describes the terms under which Gender Spectrum Charitable Fund, Inc., a nonprofit corporation (“Gender Spectrum,” “we,” “our,” or “us”) provides the http://genderspectrum.com and http://genderspectrum.org websites and forums (the “Gender Spectrum Service” or the “Service”) to users who have registered as members of the Service (“Members”) and to visitors to the http://genderspectrum.org website.

1. INTRODUCTION

Your use of this Service is expressly conditioned upon your acceptance of these Terms of Use and the following terms, conditions, and policies, including any future amendments (collectively, the “Agreement”):

Minors under the age of 13 not permitted. Users must be 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to view the website, use your forum account, or otherwise interact with the Service. Gender Spectrum will never knowingly solicit, nor will it accept, personally identifiable information from visitors or Members known to be under thirteen (13) years of age.

Use of the Service by Minors 13 and Older. If the laws of your country of residence so permit, minor children may utilize a forum account established by their parent or legal guardian, with such parent or guardian’s approval. If you permit your minor child or legal ward (“Child”) to use the Service, or if you establish a forum account for their use, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you. If you are a minor who does not feel comfortable asking your parent or guardian to sign up for an account on your behalf, please contact us directly at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will determine whether an accommodation can be made.

Changes and Modifications. Gender Spectrum reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Though Gender Spectrum may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from a link on our home page. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, Gender Spectrum grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links To Other Sites. The Service may contain links to other affiliated or independent third-party websites, or embedded content from such websites (“Linked Sites”) generated by us or by other forum users. These Linked Sites are provided solely as a convenience to our Members and visitors. Such Linked Sites are not under Gender Spectrum’s control, and Gender Spectrum is not responsible for – and does not necessarily endorse the content or practices of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

2. DESCRIPTION OF SERVICES

General Description. Gender Spectrum provides education and support to help create a safe, supportive and welcoming environment for adults and teens at least 13 years of age. In furtherance of its mission, Gender Spectrum provides informational materials on its website, and a forum including chat and private messaging features through which Members may communicate with one another.

3. CONDITIONS OF USE

As a condition of use, you agree to the following:

· To publish Content through the Service or otherwise make use of the forums, you will be required to create a Member account at the http://genderspectrum.org/lounge website. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your or your Child’s account. You agree to immediately notify Gender Spectrum of any unauthorized use of your account or password, or any other breach of security.

· You will not copy, transmit, disseminate, publish, or publicly display content made available in any area of the Service that is accessible only to Members (“Private Content”) to any publicly accessible portion of the Service or to any other website or copy, transmit, disseminate, publish, or publicly display the same by any other means.

· You agree to comply with the Community Participation Guidelines published at http://genderspectrum.org/community-guidelines, as well as any participation guidelines published within each individual forum or subforum.

· The Service allows Members to upload, transmit, publish, and disseminate text and other content (“Member Content”). Any Member Content contained on the Service represents the opinion of that Member only. No content made available through the Service, including Member Content, should be taken as a statement by or from Gender Spectrum, or its subsidiaries, directors, officers, employees, or licensors.

· You are solely responsible for any Member Content that is published or disseminated using your or your Child’s Member account.

· You will not use the Service to harass, threaten, impersonate, or intimidate anyone.

· You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

· You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.

· You will not distribute, publish, or otherwise reveal the real-life identity of any other Member.

· You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.

· You will not transmit any worms or viruses or any code of a malicious or destructive nature.

· You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.

· You will not violate any laws in your jurisdiction, and you will not use the Service for any illegal or unauthorized purpose.

4. CONTENT

When you upload or otherwise provide your own original Member Content to or through the Service, you retain ownership of any copyright (and any other rights) you already hold in your Member Content. You also represent and warrant that, with respect to all Member Content that you upload, transmit, publish, and disseminate through the Service, that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such Member Content in connection with the Service, and to grant to Gender Spectrum the licenses set forth in this Agreement; and (b) the Member Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party.

By submitting Member Content as set forth above, you hereby grant to Gender Spectrum and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform, the Member Content in any medium and by any means currently existing or yet to be devised – to the extent reasonably necessary for the Service to be delivered. You also hereby grant to each visitor to and Member of the Service a worldwide, non-exclusive license to access, view, copy, modify, distribute and/or publicly display your forum posts as permitted by these Terms of Use, the Community Participation Guidelines, and any guidelines applicable to the forum in which such content was initially posted.

Gender Spectrum makes Member Content available at its sole discretion and may disable access to any Member Content at any time and for any reason. By using the Service, you acknowledge and agree that Gender Spectrum does not guarantee access to and/or hosting of Member Content that is published or disseminated through the Service. For example, if Member Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of Member Content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled.

5. COPYRIGHT POLICY

If you believe that Gender Spectrum, or any Member using the Service, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and review our copyright policy, available at http://genderspectrum.com/copyright, for more details on how to properly notify us of a DMCA issue.

6. GENDER SPECTRUM’S INTELLECTUAL PROPERTY

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Gender Spectrum Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Gender Spectrum Content, contained in the Service is owned, controlled, or licensed by or to Gender Spectrum, and is protected by trade dress, copyright, patent, and/or trademark laws, and various other intellectual property and other rights. Your Member Content (as defined above) is owned by you, and is not Gender Spectrum Content.

Except as expressly provided in this Agreement or otherwise permitted by law, no Gender Spectrum Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Gender Spectrum’s express prior written consent.

7. VIOLATION OF THIS AGREEMENT - TERMINATION

You agree that Gender Spectrum may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. For example, it is Gender Spectrum’s policy to terminate the account of Members who harass others or repeatedly violate the copyrights of third parties.

If Gender Spectrum does take any legal action against you as a result of your violation of this Agreement, Gender Spectrum will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gender Spectrum. You agree that Gender Spectrum will not be liable to you or to any third party for termination of your access to the Service.

Any rights or licenses you grant to Gender Spectrum, or its visitors or Members, during the term of this Agreement – including, but not limited to, the license granted in connection with your publication of Member Content – shall survive termination of this Agreement.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENDER SPECTRUM AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (THE “GENDER SPECTRUM AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) MEMBER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED; and (f) INFORMATION YOU POST TO THE FORUMS WILL NOT BE DISCLOSED BY OTHER MEMBERS IN OTHER FORA WITHIN OR OUTSIDE OF GENDER SPECTRUM.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENDER SPECTRUM OR THROUGH THE GENDERSPECTRUM.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING MEMBER CONTENT, IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS PUBLICATION. NO SUCH CONTENT, INCLUDING MEMBER CONTENT, AND NO STATEMENT MADE BY, ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO GENDER SPECTRUM OR GENDER SPECTRUM AFFILIATES.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, (b) ANY CHANGES THAT GENDER SPECTRUM MAY MAKE TO THE SERVICE; (c) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (d) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY MEMBER CONTENT MAINTAINED THROUGH THE SERVICE; OR (e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES SHALL NOT BE LIABLE FOR ANY MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. INDEMNIFICATION

You will indemnify and hold Gender Spectrum and/or Gender Spectrum Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Gender Spectrum and/or Gender Spectrum Affiliates arising out of or in any way connected with your access to or use of the Service. For example, but not by way of limitation, this indemnity extends to any Member Content which you publish or disseminate using the Service or any claim arising out of your breach of the Agreement – including without limitation your publication of any Private Content to any publicly accessible portion of the Service or to any other website or your copying, transmission, dissemination, publishing, or publicly displaying the same by any other means. Gender Spectrum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. GENERAL TERMS

Entire Agreement. This Agreement is the whole legal agreement between you and Gender Spectrum. It governs your use of the Service and completely replaces any prior agreements between you and Gender Spectrum with respect to the Service.

Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in Alameda County, California, and waive any objection to such jurisdiction or venue.

Dispute Resolution. In the event of any controversy or dispute between Gender Spectrum and you arising out of or in connection with your use of the Service, Gender Spectrum will attempt, promptly and in good faith, to resolve the dispute. If Gender Spectrum is unable to resolve any such dispute within a reasonable time, each party to this Agreement agrees that any dispute or controversy arising between any of the parties to this Agreement, or any person or entity in privity therewith, out of the transactions effected and relationships created pursuant to this Agreement and each other agreement created in connection herewith, including any dispute or controversy regarding the formation, terms, or construction of this Agreement, regardless of kind or character, must be resolved through binding arbitration, which may be initiated by any party to this Agreement. In any such proceeding, Gender Spectrum, in its sole discretion, shall choose the arbitrator or arbitration panel. Each party to this Agreement agrees to submit such dispute or controversy to arbitration before the American Arbitration Association in Alameda County, California, and further agrees to be bound by the determination of an arbitrator or arbitration panel empanelled by the American Arbitration Association to adjudicate the dispute. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any such dispute or controversy in a court of competent jurisdiction and, further, may seek provisional or ancillary remedies, including temporary or injunctive relief in connection with such dispute or controversy in a court of competent jurisdiction, provided that the dispute or controversy is ultimately resolved through binding arbitration conducted in accordance with the terms and conditions of this Agreement. In any proceeding under this section of the Agreement, the non-prevailing party shall bear all costs, including reasonable attorneys’ fees.

Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim you may have under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred. Gender Spectrum may bring claims to enforce this Agreement at any time.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Gender Spectrum does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. Gender Spectrum may assign or delegate all rights and obligations under the Agreement, fully or partially.

Notices. Gender Spectrum may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. Gender Spectrum’s mailing address is 1271 Washington Ave. #834, San Leandro CA 94577. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or at our mailing address.

 

 
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