This is a legal Agreement (the "Agreement") between you and Transgenderdate.com ("Transgenderdate.com"). Transgenderdate.com is owned and operated by Transgenderdate, a company organized under the laws of New York. Please read this Agreement carefully before registering for the Transgenderdate.com service. Transgenderdate.com is a service provided to adults who are members of the transgendered or related communities through out the world and for those who admire them (the "Members"). Through Transgenderdate.com members can meet other adults with similar interests and backgrounds online (the "Service").
By registering for Transgenderdate.com, you become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the Transgenderdate.com Service. The terms of this Agreement are subject to change by Transgenderdate.com at any time, effective upon notice to you, which notice shall be deemed to have been provided upon Transgenderdate.com's posting of the current version of this Agreement on the Service. Your use of the Service after such posting will constitute acceptance by you of such changes.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
| a. | The Service is provided to you under the terms and conditions of this Agreement and the Transgenderdate.com's Privacy Policy. |
| b. | You must be at least 18 years of age to register as a Member of Transgenderdate.com or use the Site. Membership in the Service is void where prohibited. |
| c. | By completing the registration process, clicking the checkbox labeled "I am over 18 and have read, understood and agree to the terms and conditions of Transgenderdate.com" and using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions in the Agreement. |
| d. | If you wish to obtain a copy of this Agreement in non-electronic form, please fill out the online form found on the Contact Us page of Transgenderdate.com, making sure to indicate that you wish to obtain a copy of this Agreement. |
2. MEMBER'S REGISTRATION INFORMATION
| a. | As a condition for using the Service, you agree to:
i. provide true, accurate, current and complete information about yourself as prompted during the registration process; and
ii. to maintain and update this information to keep it true, accurate, current and complete. |
| b. | If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, Transgenderdate.com has the right to terminate your account and refuse any and all current or future use of the Transgenderdate.com Service. |
3. CONTENT POSTED BY YOU
| a. | You hereby acknowledge, understand and agree that all information disclosed by you to Transgenderdate.com, has been disclosed freely and knowingly, and that any and all information posted in or on the Transgenderdate.com Site will be used in furtherance of the services Transgenderdate.com offers. The information will not be disclosed knowingly or willfully to any third party without your authorization as described in detail in the Transgenderdate.com Privacy Policy, except as may otherwise be permissible by this Agreement and required by the Services offered by Transgenderdate.com. |
| b. | You acknowledge that by submitting any type of communications to Transgenderdate.com, no fiduciary, confidential, contractually implied or other relationship is created between you and Transgenderdate.com or its affiliates other than those expressly subject to these terms and conditions. |
| c. | Anytime you as a Member and/or Guest upload files, messages, enter data or engage in any other form of communication, individually or collectively, within the Site, you grant to Transgenderdate.com a perpetual, world wide, irrevocable, unrestricted, non-restricted, non-exclusive, royalty-free license to use, including but not limited to promotional and advertising purposes, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitations, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. |
| d. | Transgenderdate.com has and reserves the right to remove anything that it deems, in its sole and absolute discretion and in compliance with relevant laws, does not comply with the terms of use, or is offensive, vulgar, racist, harmful, or otherwise unfit. |
4. MEMBER INFORMATION & EMAIL
| a. | Transgenderdate.com considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. Transgenderdate.com shall not disclose such information to any third parties without your consent. However, you acknowledge and agree that Transgenderdate.com may in good faith disclose such information if it is reasonably necessary:
i. to comply with the law;
ii. to enforce the Agreement;
iii. to respond to claims that such content violates the rights of third-parties; and
iv. to protect the rights or interests of Transgenderdate.com and its users. |
| b. | You understand and agree that Transgenderdate.com keep data outside of your profiles on its website. This includes, but is not limited to blogs, forums, events and groups. |
| c. | You understand and agree that Transgenderdate.com may access the content of your account in order to identify and resolve technical problems or service complaints. |
5. MODIFICATIONS TO SERVICE AGREEMENT
Transgenderdate.com reserves the right, at its sole discretion, to modify, change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Such changes will have been deemed effective and accepted by when posted on the Transgenderdate.com Site, and your use of the Service after such posting will constitute acceptance by you of such changes. Changes in these terms and conditions will be effective from the time they are posted on the site. Your continued use of the Service after Transgenderdate.com has posted such notice constitutes your acceptance of any such changes.
6. MODIFICATIONS TO SERVICE
| a. | Transgenderdate.com reserves the right to modify or discontinue, temporarily or permanently, the Transgenderdate.comService with or without notice to you. |
| b. | You agree that Transgenderdate.com shall not be liable to you or any third party for any modification or discontinuation of the Service. |
7. MEMBER CONDUCT
| a. | You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other Transgenderdate.com members. |
| b. | You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Transgenderdate.com Service. You also agree not to interfere with the use and enjoyment of the Service by other members. |
| c. | You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually racially and/or religiously offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. |
| d. | You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. |
| e. | You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of email, or to use the Transgenderdate.com Service for any commercial purposes. |
8. USE OF SITE
| a. | You agree not to interfere or attempt to interfere with the operation of the site (the "Site"), Service and/or Software use to operate the Site and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means expressly prohibited by any provisions of these terms and conditions. |
| b. | You and/or any Member and/or Guest may not at any time attempt to use or act upon any software, robot, and bot, spider and/or any other means of entering the Site and/or Service. You may not post any type of service or URL for any reason on your member profile. |
| c. | You agree not to include in your member profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Site or the Service, which are accessible to the public or Transgenderdate.com's general membership. |
| d. | Transgenderdate.com reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement. |
| e. | Your membership in the Transgenderdate.com Service is for your sole personal use. You are responsible for personal unauthorized access of your member profile. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for logging out if your computer is accessible to others. |
9. NO RESALE OF SERVICE
You agree not to resell the Transgenderdate.com Service or use of or access to the Service.
10. PAYMENT TERMS
| a. | Transgenderdate.com is a Freemium Service. |
11. TERMINATION
| a. | You agree that Transgenderdate.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or your attempt to assign your account to a third party. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that Transgenderdate.com may immediately delete files in your account and bar any further access to it. Transgenderdate.com may also impose limits on certain services and features or restrict your access to parts or the entire Site without notice or liability. |
| b. | You acknowledge and agree that any suspected fraudulent, abusive or illegal activity may be termed as grounds for termination of your account and may be referred to appropriate law enforcement authorities. |
| c. | Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership with the Service; and then notify Transgenderdate.com of termination by sending an e-mail to cancel@transgenderdate.com or submit your request through the Contact Us page. |
| d. | Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If Transgenderdate.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. |
12. DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
| a. | You acknowledge and agree that any and all links from Transgenderdate.com and/or the Internet, to other sites do not constitute an endorsement from Transgenderdate.com or any of its partners, affiliates, and/or other sites or services. These links are provided as an information service only. It is the responsibility of the Member to evaluate the content and usefulness of information from these links. |
| b. | You acknowledge and agree that Transgenderdate.com is not responsible for the availability or content of such external sites or resources. |
| c. | You agree not to hold Transgenderdate.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the Transgenderdate.com Site. |
13. PROPRIETARY RIGHTS
| a. | You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by Transgenderdate.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by Transgenderdate.com, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without prior express written authorization. You agree to abide by any and all information, restrictions, and/or copyright notices displayed on the site. |
| b. | To the fullest extent permitted by law, you acknowledge and agree that any material you send to Transgenderdate.com, by email or otherwise, including any suggestions and comments on Transgenderdate.com, the Service and/or the Software or that you post in any areas on the Service that are accessible to the public or Transgenderdate.com's general membership, will be treated as non-confidential and non-proprietary and Transgenderdate.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that no commission or money will be exchanged in return. |
14. WARRANTIES & REPRESENTATIONS
By posting or transmitting any file, data, photograph, video or other content or communication to Transgenderdate.com or on the Service, you represent and warrant as follows:
| a. | That the public posting and use of the file, message, data, photograph, video or other content or communication by Transgenderdate.com and any Members will not infringe or violate the rights of any third party, including but not limited to any intellectual property rights. |
| b. | That, prior to transmitting to Transgenderdate.com or posting or reproducing on the Service any file, message, data, photograph, video or other content or communication in which a third party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all necessary consent from that third party or parties. |
| c. | That you are using the Service in accordance with any and all applicable laws and regulations, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph, video or other content or communication. |
15. DISCLAIMER OF WARRANTIES
| a. | The Service and the materials available on or through the Transgenderdate.com Service are provided "as is" and "as available" and without warranties or conditions of any kind, either express or implied. |
| b. | To the fullest extent permissible under applicable law, Transgenderdate.com disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. |
| c. | Transgenderdate.com does not represent or warrant that the Transgenderdate.com Service will be uninterrupted or error-free, or that defects will be corrected, or that this Site or the server that makes it available, are free of viruses or other harmful components. Transgenderdate.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise. |
| d. | Transgenderdate.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. Further, Transgenderdate.com has not and does not conduct criminal background checks on its users. |
16. LIMITATION OF LIABILITY
| a. | To the fullest extent permissible under applicable law, Transgenderdate.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from:
i. the use of or the inability to use the Transgenderdate.com Service,
ii. any changes to the Service,
iii. unauthorized access to or alteration of your transmissions or data,
iv. any material or data sent or received or not sent or received, and/or
v. any transactions entered into through the Service. |
| b. | You specifically agree that Transgenderdate.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. |
| c. | In no event, except in jurisdictions where such provisions are restricted, shall Transgenderdate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees be liable to you or any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, the Service, Transgenderdate.com, any and all other sites, any and all services, advertising, banners, and/or any part of the Site and/or any service or services offered, even if Transgenderdate.com has been advised of the possibility of such damages. |
| d. | At all times Transgenderdate.com and all of its other services and companies shall never in any way be liable to you for more than the amount paid for the subscription service. |
17. INDEMNIFICATION
You agree to indemnify and hold harmless Transgenderdate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, from any loss, liability, claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from your use of the Transgenderdate.com Service and your use of the Service in violation of this Agreement and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth within this Agreement.
18. NOTICE
Any notice to Transgenderdate.com shall be made via email or submission through the Contact Us section on the Site. If the notice concerns your withdrawal from the Service as specified in section 11c, it will be effective within a reasonable time after Transgenderdate.com receives it. Your withdrawal notice will not affect the legal validity or enforceability of the Agreement provided to you and electronically signed by you prior to the effective date of your withdrawal.
19. GENERAL
| a. | The Agreement and the relationship between you and Transgenderdate.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Transgenderdate.com agree to submit to the personal and exclusive jurisdiction of the state courts located in Richmond County, Staten Island, New York or the United States District Court for the Eastern District of New York. |
| b. | Transgenderdate.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. |
| c. | 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 the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. |
| d. | The section titles in the Agreement are for convenience only and have no legal or contractual effect. |
20. PROFILE DISCLAIMER
Transgenderdate.com posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. At any time you suspect anyone of wrongdoing or if at any time you feel the need to contact Transgenderdate.com about a violation of its policy and/or policies please contact Transgenderdate.com through email at abuse@transgenderdate.com , or the Report Abuse link found on the bottom of each page or through the Contact Us section of the Site.
21. U.S. EXPORT CONTROLS
Any and/or all software from Transgenderdate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, is further subject to United States export control laws and regulations. Under no circumstances can any software from this Site be downloaded or otherwise exported or re-exported:
| a. | into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other Country to which the U.S. has embargoed goods; or |
| b. | to anyone on the U.S. Treasury Department's Table of Denial Orders. By using this Site and any Software and/or by downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Country or on any such list. |
22. DISCLAIMERS
| a. | Transgenderdate.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or guest communications. This includes personal injury or damage to users, members, guest, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with Transgenderdate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees. |
| b. | Transgenderdate.com cannot guarantee and does not promise any specific results from use of the Service and/or the Site of Transgenderdate.com |
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.
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