glbtq, Inc.
(referred to hereinafter as "glbtq", "we", "us", or "our"), an
Illinois Corporation, operates an Internet site at www.glbtq.com (the
"Web site" or the "site"). The site provides information, electronic
newsletter, and communication services. These Terms of Service define
both the terms and conditions under which we provide these services
and your rights and obligations in using them. These Terms of Service
are the entire agreement between us relating to the subject matter
herein. BY USING THIS SITE IN ANY WAY, YOU SIGNIFY THAT YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DISAGREE
WITH ANYTHING IN THE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE.
We reserve the right, at our discretion, to change, modify, add, or
remove portions of these Terms of Service at any time. When such
modifications are made, they will be posted on the Internet in revised
editions of these Terms of Service. If you continue to use the site
after such changes, modifications, additions, or deletions are made,
such use signifies that you accept them.
USE RESTRICTIONS
Except for materials in the public domain, all content, images, Web
site design elements, text, graphics, logos, buttons, icons, other
material, the presentation, selection and arrangement thereof, and all
software on the site are the copyrighted property of glbtq or of
third-party licensors, manufacturers, or suppliers. All trademarks and
trade names are the property of glbtq or of third-party licensors,
manufacturers, or suppliers. No material from the site may be
republished, copied, uploaded, posted, rewritten, transmitted,
printed, photocopied, broadcast, publicly displayed, or distributed in
any way without our prior written permission except that you may view
many of the site's pages with a Web browser and you may print a single
copy of those pages for your personal, noncommercial, home use. You
may not display any material from the site on any other Web site or
store significant portions of the site's contents on any computer
system. Any and all uses of the site's material not mentioned here are
expressly prohibited unless we provide prior written consent. To
obtain such consent, please contact:
Copyright and Licensing
glbtq, Inc.
1130 West Adams Street
Chicago, IL 60607
licensing@glbtq.com
You agree not to transmit information to or through the Web site
that contains any computer programming that is intended to damage or
interfere with any aspect of this site. You further agree, without
limitation, not to:
(a) provide any incomplete, false, or inaccurate biographical
information or other information to our Web site;
(b) delete or revise the personal information of any other visitor
to our site;
(c) take any action that imposes an unreasonable or
disproportionately large load on our site's infrastructure;
(d) use any device to interfere or attempt to interfere with the
proper working of our site or any activity being conducted on this
site;
(e) use or attempt to use any device to navigate or search our site
to harvest or otherwise collect information to be used for any
commercial purpose;
(f) attempt to decompile or reverse engineer any of the software
making up a part of our site.
You further agree not to violate or attempt to violate the security
of the Web site, including, without limitation:
(a) accessing data not intended for you or accessing an account
that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of our
site or to breach security or authentication measures, unless properly
authorized;
(c) attempting to interfere with service to any user, host, or
network;
(d) forging any TCP/IP packet header or any part of the header
information in any e-mail or posting. Violations of system or network
security may result in civil or criminal liability.
MEMBERSHIP AND DISCUSSION BOARDS
You do not have to be a member of the site to view many of the
site's pages with a Web browser. Membership registration is required
if you wish to post messages on the site's discussion boards or view
members-only content. Should you choose to become a member, you agree
to provide true, correct, complete information on the site's
registration form, and you agree to maintain your membership
information so that it is always current. The site's
Privacy Policy
governs the uses we make of the information you supply on the
registration form. We may deny or cancel membership at our sole
discretion.
The site's discussion boards exist to foster safe communities
characterized by civility. If, in our opinion, your participation in
the discussion boards is inconsistent with that mission, your posting
privileges, your membership, and your future opportunity to be a
member may be terminated at our sole discretion. Offenses that justify
membership termination include, but are not limited to:
- Misrepresenting your identity or impersonating someone else
- Using the discussion boards for an illegal purpose or to
encourage illegal activity
- Posting off-topic messages
- Posting commercial messages except where they are explicitly
permitted
- Using the discussion boards to harm others or to distribute
viruses or other harmful code
- Posting messages that infringe on others' copyrights,
trademarks, or other intellectual property or proprietary rights
- Posting bigoted, libelous, defamatory, pornographic, harassing,
obscene, discourteous, deceptive, or inflammatory messages
- Violating, or causing glbtq to violate, any local, state,
federal, or international law or regulation.
By posting a message on the discussion boards, you automatically
grant us a non-exclusive, royalty-free, perpetual, irrevocable right
to use the message or any portion of the message in any way that we
see fit. This right includes, but is not limited to, the rights to
reproduce, distribute, translate, incorporate, and publish the message
or any portion of it throughout the universe in any medium that now
exists or is invented.
The content of any discussion board message you post is your sole
responsibility. You agree to indemnify and hold harmless glbtq against
any claim arising from your post including, but not limited to, libel,
slander, invasion of privacy, and copyright infringement, including
without limitation reasonable legal and accounting fees.
When using and reading the discussion boards, beware that posters
are not necessarily who they say they are, that they may not possess
the expertise they claim, and that they may be dishonest. Information
posted on a discussion board may not be reliable and should not be
assumed to be true or well informed. We cannot and do not endorse any
message posted on the site's discussion boards, and warn that all such
postings appear without editorial oversight. Any information you
disclose on discussion boards is visible to the public, so people you
do not know can collect it and use it in ways that you don't
anticipate. Any disclosure you make is at your own risk.
You are solely responsible for maintaining the confidentiality of
your password and log-in name, and are solely responsible for all
activities that occur under your password or log-in name. You agree to
immediately notify us of any unauthorized use of your password or
account or any other breach of security.
We reserve the right but do not have the obligation to edit or
delete any message for any reason.
THE GLBTQ STORE
The glbtq store ("store") is an electronic service of glbtq, Inc.
available to the general public at
www.glbtq.com
. The store provides access to products manufactured and supplied by
third parties. While glbtq makes a reasonable effort to provide
access to quality products, product guarantees and warranties, if any,
are provided by product manufacturers or suppliers. glbtq, Inc.
does not warrant or guarantee any product made available in the store.
While glbtq, Inc. makes a reasonable effort to deliver products you
order from the store in a timely manner, we are at the mercy of third
parties to deliver merchandise and do not guarantee delivery dates. While we try to be as accurate as possible, glbtq, Inc. does not
warrant that glbtq store product descriptions are accurate, complete, reliable,
current, or free of errors. If a product you order from the
store does not match the description the store provides, your sole
warranty is to return the product to the store in an unused condition
and suitable for resale in exchange for a refund of the amount you
paid for the product.
The glbtq store is governed by a Shipping and Return Policy which
can be viewed by clicking on the "Shipping and Returns" link located
near the bottom of the store's home page. We reserve the right
to decline orders and delete Customer Profiles for any reason or no
reason whatsoever. You must be 18 years old or older to purchase
from the glbtq store.
FEES
We may charge fees for any service of the site or for the site as a
whole. If fees are instituted, you will not be charged for your use of
the site or its services until we have notified you of the initiation
of such fees and you have agreed to pay them.
PRIVACY
We are committed to maintaining the privacy of our visitors,
members, and customers. This commitment is fully explicated in our
Privacy Policy
.
SUBMISSIONS
"Submissions" means all comments, feedback, suggestions, photos,
surveys, reports, e-mail, and other information or materials that you
submit to glbtq. Submissions will not be confidential and will become
the property of glbtq, upon submission to us. By providing any such
Submissions, you agree to assign to glbtq, at no charge, all worldwide
rights, title and interest in copyrights and other intellectual
property rights to the Submissions. You represent and warrant that any
Submission you provide to us will be complete and accurate. You
acknowledge that you are responsible for the Submissions that you
provide, and that you, not glbtq, have full responsibility for the
Submissions, including their legality, reliability, appropriateness,
originality, and copyright. We do not prescreen or monitor any
Submissions as a matter of policy.
LINKS
Our provision of a link or reference to another web site or
information source ("third-party site") does not indicate or imply
that we endorse or have investigated the third-party site. Third-party
sites are outside of our control, and such sites may not adhere to the
provisions of our Privacy Policy or our Terms of Service. You agree
that it is your sole responsibility to investigate third-party sites
before trusting them, using them, paying them, or providing them with
personal, financial, or any other information. We do not assume any
responsibility for the contents of any linked site.
Except as otherwise permitted in these Terms of Service, linking to
this Web site (other than to the home page www.glbtq.com) without the
express written permission of glbtq is strictly prohibited. To request
permission to link to specific content on this site, please contact us
in writing. Internet search engines available to the public are
granted the limited right to use glbtq.com's meta data and to link to
pages within www.glbtq.com, other than the site's home page, for the
sole purpose of responding to online search requests performed by
users of the search engine. glbtq reserves the right to cancel and
revoke any permission it may give to link to any content on the glbtq
site at any time, for any reason, without any prior notice, and
without any liability to you or any other person. Framing, mirroring,
scraping, or data mining any content on this site in any form and by
any method is strictly prohibited.
DISCLAIMER
THE MATERIALS AND SERVICES OF THE SITE ARE PROVIDED "AS AVAILABLE"
AND "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT
LIMITATION, IMPLIED, STATUTORY, AND EXPRESS WARRANTIES. YOU
SPECIFICALLY AGREE THAT YOUR USE OF THE SITE, ITS CONTENTS, OR ITS
SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, GLBTQ AND THIRD-PARTIES WHO PROVIDE MATERIAL TO IT DISCLAIM ALL
WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF
RESULTS THAT MAY BE ACHIEVED BY USING THE SITE OR ITS SERVICES. WE DO
NOT WARRANT THAT THE MATERIALS AND SERVICES AVAILABLE ON THE SITE ARE
FREE FROM ERROR, THAT ERRORS WILL BE CORRECTED EVEN IF WE KNOW OR
SHOULD KNOW OF THEM, THAT THE SITE OR ITS SERVICES WILL BE
UNINTERRUPTED, OR THAT THE SITE AND THE SERVERS THAT MAKE THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU AGREE
THAT YOU ASSUME ALL RESPONSIBILITY FOR THE ENTIRE COST OF ALL
SERVICING, REPAIR, OR CORRECTION THAT IS NECESSITATED BY YOUR USE OF
THE SITE OR ITS SERVICES. NO ORAL OR WRITTEN COMMUNICATION FROM US OR
FROM ANY THIRD PARTY SHALL CREATE ANY WARRANTIES FROM US OR FROM
THIRD-PARTIES WHOSE MATERIALS ARE POSTED ON THE SITE. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT
LIMITATION, TORT [INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT
LIABILITY], BREACH OF CONTRACT OR BREACH OF WARRANTY) FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR MATERIALS OR
SERVICES OF THE SITE, EVEN IF WE KNOW, SHOULD KNOW OF, OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE OR
LIABLE FOR ANY OBSCENE, THREATENING, HARASSING, DEFAMATORY, LIBELOUS,
OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS BY SUCH A PARTY, INCLUDING, BUT NOT
LIMITED TO, INTELLECTUAL PROPERTY RIGHTS. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR USING ITS
SERVICES.
INDEMNIFICATION
You shall defend and indemnify glbtq and its officers, directors,
employees, and agents from and against any claim, cause of action or
demand, including without limitation reasonable legal and accounting
fees, brought by third parties as a result of your use of this site.
TERMINATION
You may terminate this Agreement at any time by discontinuing use
of the site. This Agreement may be suspended or terminated by us (i)
automatically upon any violation of this Agreement, with or without
prior notice to you at our sole discretion; or (ii) at any time, for
any reason, or no reason at all, with or without prior notice to you.
Upon any termination by us, you agree to discontinue any efforts to
access the site.
JURISDICTION
The site is controlled and operated by glbtq from its offices in
Chicago, Illinois. These Terms of Service shall be governed and
construed in accordance with the laws of the State of Illinois. You
agree that any legal action arising from or relating to glbtq, the
site, or the Terms of Service shall be filed only in state or federal
courts located in Chicago, Illinois.
LIMITATION OF CLAIMS
You agree that regardless of any applicable law to the contrary,
you cannot file a claim or cause of action arising out of or related
to the Web site or these Terms of Service more than one (1) year after
such claim or cause of action arose.
RELATIONSHIP
Your use of this site is independent of glbtq and not as an
employee, agent, partner, or joint venturer with glbtq for any
purpose.
SEVERABILITY
If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining provisions.
ENTIRE AGREEMENT
These Terms of Service, together with those incorporated herein or
referred to herein constitute the entire Agreement between us relating
to the subject matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the subject matter,
and may not be amended or modified except in writing or by making such
amendments or modifications available on this site.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the copyrights of others. The site will terminate
posting privileges of site members who repeatedly violate others'
copyrights. We do not interfere with standard methods such as digital
watermarking that copyright owners use to protect works they own.
If you believe that your copyright is being infringed on the site,
please notify our Agent Designated to Receive Notification of
Copyright Infringement. To be effective, such notification must be in
writing and must include:
- The name, address, and physical or electronic signature of the
complaining party
- The name or other identifying information that identifies the
copyrighted work
- The nature of the alleged infringement
- The location (web address or URL) where the infringement is
alleged to have occurred
- A statement by the owner of the copyright that it has a good
faith belief that there is no legal basis for the use of materials
complained of
- A statement that the notification is accurate and that the
complaining party is or is authorized to act on behalf of the
copyright owner.
The Agent Designated to Receive Notification is Andrew E. Wikholm.
Notification of Copyright Infringement may be delivered to:
Andrew E. Wikholm
glbtq, Inc.
1130 West Adams Street
Chicago, IL 60607
Fax: (312) 243-8533
E-mail:
wik@glbtq.com