glbtq: an encyclopedia of gay, lesbian, bisexual, transgender & queer culture
home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
   member name
  
   password
  
 
   
   Forgot Your Password?  
   
Not a Member Yet?  
   
JOIN TODAY. IT'S FREE!

 
  glbtq Books
  Advertising Opportunities

  Press Kit

  Permissions & Licensing

  Terms of Service

  Privacy Policy

  Copyright

 
  Editors and Contributors
Site Credits
Site Guide
glbtq Books
Press Kit
Advertising and Sponsorships
Copyright and Licensing
Privacy Policy and Terms of Service
Contact Information
   
Privacy Policy & Terms of Service

 
  Privacy Policy
>Terms of Service
 


 

 
   
 

Terms of Service

   
  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

   

 

www.glbtq.com is produced by glbtq, Inc.,
1130 West Adams Street, Chicago, IL   60607 glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2007, glbtq, Inc.  All Rights Reserved.
Your use of this site indicates that you accept its Terms of Service.