Last updated: 6/30/15.
The following describes the terms under which Gender Spectrum Charitable Fund, Inc., a nonprofit corporation (“Gender Spectrum,” “we,” “our,” or “us”), provides its genderspectrum.org website, online community and forums (the “Lounge”), and other online services (collectively, the “Gender Spectrum Service” or the “Service”) to users who have registered as members of the Service (“Members”) and to visitors who have not registered as Members (“Visitors”). For avoidance of doubt, forum moderators, Group Admins, and all other users of the Lounge are Members within the meaning of this Agreement.
Your use of this Service is expressly conditioned upon your acceptance of these Terms of Service and the following terms, conditions, and policies with are expressly incorporated herein by reference, including any future amendments (collectively, our “Agreement” with you):
Intellectual Property / DMCA Policy
You hereby agree to abide by the terms of our Agreement. You are solely responsible for any activity that takes place using your Member account, including but not limited to the publication or dissemination of any Member Content (as defined below) that is published or accessed using your account. If you register as a Member on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization.
General Description. Gender Spectrum’s mission is to help create gender sensitive and inclusive environments for all children and teens. In furtherance of its mission, Gender Spectrum provides informational materials on its website. Gender Spectrum also provides a forum, including private messaging features, through which Members may communicate with one another (the “Lounge”).
Changes and Modifications. We may change or amend this Agreement from time to time. If we make material changes, we will notify you either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such changes become effective will constitute your consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service; otherwise, the new terms will apply to you. As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be accessed and 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 independent third-party websites (“Linked Sites”). For example, the Service, or users of the Service, may provide links to Twitter or Facebook. The Service, or users of the Service, may also conduct or refer you to discussions taking place via a Google Hangouts, Skype, or the like. These Linked Sites are provided solely as a convenience to our Visitors and Members. Such Linked Sites are not under our common ownership or common corporate control, and we are not responsible for and do not necessarily endorse the content, practices or privacy policies of such Linked Sites, or other users of the Service. Please be aware that your participation in certain Linked Sites may involve the submission of content that is, or becomes available to, the public. You will need to make your own independent judgment regarding your interaction with these Linked Sites, and with other users of the Service.
Minors Under the Age of 13 Not Permitted. You must be thirteen (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 Service, use your 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 13 years of age.
Use of the Service by Minors 13 and Older. If the laws of your jurisdiction so permit, minors between thirteen (13) and seventeen (17) years of age may utilize a Service account established by their parent or legal guardian, with the consent and approval of such parent or guardian. If you permit your minor child or legal ward (“Authorized Minor”) to use the Service, or if you establish an account for their use, you and your Authorized Minor both hereby agree to this Agreement on behalf of both yourself and your Authorized Minor. 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 lounge[at]genderspectrum.org and we will determine whether an accommodation can be made.
Conditions of Use
As a condition of using the Service, and of the rights and licenses granted to you herein, you agree to the following:
To publish Member Content (as defined below) through the Service, or otherwise make use of the forums or messaging features of the Service, you will be required to create a Member account. 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 account and (if applicable) your Authorized Minor’s account. You agree to immediately notify Gender Spectrum of any unauthorized use of your account or password, or of any other breach of security.
If you are selected to be a forum moderator or administrator, you further agree to comply with the Group Admin Agreement, available online here. Gender Spectrum may revoke your Member status or Group Admin status at any time and for any reason.
The Service allows Members to upload, transmit, publish, and disseminate text, photos, 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.
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 may already hold in your Member Content. You also represent and warrant, 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 and our Service users the licenses set forth in this Agreement; and (b) the Member Content will not infringe or otherwise violate the copyright, trademark, privacy, 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, and (after removing personally identifiable information) for other purposes including without limitation for internal or external training, for educational and promotional purposes, and in connection with grant applications and fundraising activities. You also hereby grant to each Visitor and Member a worldwide, non-exclusive license to access, view, copy, modify, distribute and/or publicly display your Member Content as permitted by this Agreement, the Community Participation Guidelines, and any guidelines applicable to the portion of the Service in which such content is 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 this Agreement, 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.
Be kind, understanding and constructive in your participation in our community.
You agree to comply with the Community Agreement, available online here, as well as any participation guidelines published within each individual group or forum.
You agree not to distribute, publish, or otherwise reveal the real-life identity of any Member – or to publish any information regarding any Member that might violate the rights of that Member, including their right to privacy – whether you learn that information through the Service or otherwise.
You agree not to copy, transmit, disseminate, publish, or publicly display content made available in any area of the Service that is accessible only to Members, including but not limited to Member Content (collectively, “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. For example, you agree not to republish the content of any post made to The Lounge to any other location.
Some forums or groups within the Service have their own content rules, which may, among other things, prohibit posting content from one forum or group to another forum or group. You agree to familiarize yourself with and abide by the content rules applicable to each forum or group.
You agree not to use the Service, or any other service, to harass, threaten, impersonate, or intimidate anyone.
You agree not to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, sexually explicit or profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
You agree not to 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 agree not to 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 agree not to transmit any worms or viruses or any code of a malicious or destructive nature.
You agree not to 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 agree not to violate any laws in your jurisdiction, and you will not use the Service for any illegal or unauthorized purpose.
Intellectual Property Infringement
Gender Spectrum responds expeditiously to complaints of intellectual property infringement. If you believe that content on our Service violates a copyright, trademark right, or any other intellectual property right you claim in your work, please contact us at copyright[at]genderspectrum.org. Please review our DMCA / intellectual property policy, available online at ___, for details on how to properly notify us of an intellectual property issue.
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.
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.
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 for any reason or for no reasons, including 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.
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 (COLLECTIVELY, “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) PRIVATE CONTENT WILL REMAIN PRIVATE AND WILL NOT BE PUBLISHED OUTSIDE THE SERVICE; (e) 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; (f) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED; AND (g) INFORMATION YOU POST 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.
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, UNAUTHORIZED, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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.
You agree to indemnify, defend, and hold Gender Spectrum and/or the Gender Spectrum Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Gender Spectrum and/or the 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.
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. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law 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. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by confidential binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Alameda County, California. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
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.
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, sublicense, 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 this Agreement, please contact us in writing at lounge[at]genderspectrum.org or at our mailing address.