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General
Terms of Service
By using the transhouston.com
AKA Trans Houston
Service, you agree to
be legally bound and to abide by the
Terms of Service, just as if you had
signed this Agreement. If you do not
comply with these Terms of Service at
any time, Trans Houston reserves the right to
terminate your access to the Trans Houston
Service. Trans Houston may discontinue or alter
any aspect of the Trans Houston Service,
including, but not limited to, (i)
restricting the time the Trans Houston Service
is available, (ii) restricting the
amount of use permitted, and (iii)
restricting or terminating any user's
right to use the Trans Houston Service, at
Trans Houston's
sole discretion and without prior notice
or liability. Furthermore, by accessing
transhouston.com you represent and
declare that you are legally permitted
to read, use, acquire, download and
access all areas of transhouston.com and
it's content .
In order to permit Trans Houston to protect the
quality of its products and services,
you hereby consent to Trans Houston administrators being able to access your
account and information (if any) on a
case by case basis to investigate
complaints or other allegations or
abuse. Trans Houston shall not disclose the
existence or occurrence of such an
investigation unless required by law.
Content
and Materials
Advice:
All content published by the administrators of
TransHouston.com is presented for
educational purposes only. This
website's administrator(s) strongly urge users to procure
professional assistance when making any decision and/or taking
any action which may, in any way, impact your life or the
lives of others. This website does not take the place of
professional advice or services. If you are in need of
immediate emergency medical or psychological assistance, call
911. Opinions expressed are those of the original author(s)
and does not necessarily reflect the views held by this
website's administrator(s).
Affiliations: This site is in
not way affiliated with any other entity, group, organization,
corporation, meeting, support system, church, temple, synagogue,
mosque, city, county or state. We do not endorse any service
provider or course of action promoted by any entity,
group, organization, corporation, meeting, support system,
church, temple, synagogue, mosque, city, county or state.
Copyright:
This site uses digital information which may be copyrighted.
Data use is protected under "FAIR
USE" clause (sections 107 through 118 of the copyright act:
title 17, U.S. Code). Data is used for the purposes of
education, HIV/AIDS reduction and social service promotion. In
the instance of photographic data, some copyrighted images are
used in collages which constitute a wholly new image and is
thus used lawfully. This site
is a not-for-profit, private informational compilation
whose intent is the dissemination of relevant
gender-related information presented in
many mediums with the goal of
education.
In the instance of
transgender-related audio or video,
please note that such material is not
made available to anyone for download.
Materials are made available to a
specific private membership for the
explicit purposes of study,
analysis, critique, discussion and social/cultural
education.
The administrator(s) wish individuals
to know that in order to bring a claim of copyright infringement
you must: (1) provide
proof that you have registered the data you claim as being
copyrighted with the US Copyright Office or other comparable
substantive proof of copyright
ownership; (2) if claiming copyright infringement as an
organization, provide proof that you are a registered entity
within your state by providing your tax ID; and (3) provide
proof that such copyrighted material is being used outside the
bounds of Title 17,
Section 107 of the US Copyright Law.
Generally, the
above requirements are fulfilled by
providing the following information:
- An electronic or physical signature
of the person authorized to act on
behalf of the owner of the copyright
interest;
- A description of the copyrighted work
that you claim has been infringed;
- A description of where the material
that you claim is infringing is located
on the site;
- Your address, telephone number, and
email address;
- A statement by you that you have a
good faith belief that the disputed use
is not authorized by the copyright
owner, its agent, or the law;
- A statement by you, made under
penalty of perjury, that the above
information in your Notice is accurate
and that you are the copyright owner or
authorized to act on the copyright
owner's behalf;
- Proof of authorship in the form of a
copyright granted via the US copyright
office and
if claiming copyright as an organization
or business, you must supply proof of
the existence of such business or
organization by supplying the tax ID
number the secretary of state supplies
registered businesses and organizations.
- A statement by you, made under
penalty of perjury, describing how the
media in question is being used in a
way that is outside the bounds of
"fair use" of copyrighted
materials provisions.
Trans Houston respects the intellectual
property of others, and we ask our users
to do the same. Trans Houston may, in
appropriate circumstances and at its
discretion, terminate the accounts of
users who infringe the intellectual
property rights of others.
electronic
communication, posting & content Guidelines:
The Trans Houston Service provides access to
several varieties of electronic communications. If you
use Trans Houston electronic
communications,
your use of the account is also governed
by our Communication Terms of Service.
Trans Houston reserves the right to prohibit the
distribution or publication of any
material containing any solicitation of
funds, promotion, advertising, or
solicitation for goods or services that
has not been approved by Trans Houston in
writing in advance of distribution.
You agree to not use the Trans Houston Service
(including all of Trans Houston's communication
and posting services) to:
- Harm minors in any way;
- Upload, post, email or otherwise
transmit any Content that is unlawful,
harmful, threatening, abusive,
harassing, tortuous, defamatory,
pornographic, libelous, invasive of another's
privacy, hateful, or racially,
ethnically or otherwise objectionable;
- Impersonate any person or entity,
including, but not limited to, Trans Houston
personnel, or falsely state or otherwise
misrepresent your affiliation with a
person or entity;
- forge headers or otherwise manipulate
identifiers in order to disguise the
origin of any Content transmitted
through the Service;
- Upload, post, email or otherwise
transmit any Content that you do not
have a right to transmit under any law
or under contractual or fiduciary
relationships (such as inside
information, proprietary and
confidential information learned or
disclosed as part of employment
relationships or under nondisclosure
agreements);
- Upload, post, email or otherwise
transmit any Content that infringes any
patent, trademark, trade secret,
copyright or other proprietary rights of
any party;
- Upload, post, email or otherwise
transmit any unsolicited or unauthorized
advertising, promotional materials,
"junk mail," "spam,"
"chain letters," "pyramid
schemes," or any other form of
solicitation, except in those areas that
are designated for such purpose;
- Upload, post, email or otherwise
transmit any material that contains
software viruses or any other computer
code, files or programs designed to
interrupt, destroy or limit the
functionality of any computer software
or hardware or telecommunications
equipment;
- Interfere with or disrupt the Trans Houston
Service or servers or networks connected
to the Trans Houston Service, or disobey any
requirements, procedures, policies or
regulations of networks connected to the
Trans Houston Service;
- Intentionally or unintentionally
violate any applicable local, state,
national or international law,
including, but not limited to,
regulations promulgated by the U.S.
Securities and Exchange Commission, any
rules of any national or other
securities exchange, including, without
limitation, the Houston Stock Exchange,
the American Stock Exchange or the
NASDAQ, and any regulations having the
force of law;
- "Stalk" or otherwise harass
another member or user of the Trans Houston
Service; or collect or store personal
data about other users or members.
You acknowledge that all Content,
whether publicly posted or privately
transmitted, is the sole responsibility
of the person from which such Content
originated. This means that you are
entirely responsible for all Content
that you post, email or otherwise
transmit via the Trans Houston Service. Trans Houston
does not control all of the Content
posted via the Trans Houston Service and, as
such, does not guarantee the accuracy,
integrity or quality of such Content.
You understand that by using the Trans Houston
Service, you may be exposed to Content
that is offensive, indecent or
objectionable. Under no circumstances
will Trans Houston be liable in any way for any
Content, including, but not limited to,
for any errors or omissions in any
Content, or for any loss or damage of
any kind incurred as a result of the use
of any Content posted, emailed or
otherwise transmitted via the Trans Houston
Service.
It is our policy to respect the privacy
of all users. Therefore, in addition to
our Privacy Policy, we will not monitor,
edit, or disclose the contents of a user
or member e-mail unless required in the
course of normal maintenance of the Trans Houston
Service and its systems or in the
good-faith belief that such action is
necessary to: (1) comply with the law or
comply with legal process served on Trans Houston;
(2) protect and defend the rights or
property of Trans Houston; or (3) act in an
emergency to protect the personal safety
of our users or the public.
All communications on Trans Houston, including
bulletin board communications, are
public and not private communications.
Although Trans Houston reserves the right to
remove without notice any posting for
any reason, we have no obligation to
delete content that you may find
objectionable or offensive. By uploading
materials to any bulletin board or
submitting any materials to us, you
automatically grant (or warrant that the
owner of such materials has expressly
granted) us a perpetual, royalty-free,
irrevocable, non-exclusive right and
license to use, reproduce, modify,
adapt, publish, translate, create
derivative works from and distribute
such materials or incorporate such
materials into any form, medium, or
technology now known or later developed
throughout the universe. In addition,
you warrant that all so-called
"moral rights" in those
materials have been waived.
Use of the Trans Houston bulletin boards by
persons under the age of 13 is
prohibited.
Trans Houston reserves the right to monitor
some, all, or no areas of the Trans Houston
Service for adherence to these or other
rules that may be published from time to
time. Trans Houston may revoke your registration
privileges and/or take any other
appropriate measures to enforce these
guidelines if violations are brought to
our attention. Further, Trans Houston, in its
sole discretion, may terminate your
membership or participation in any Forum
for any reason.
Submissions:
If
at our request you send content (e.g.,
postings to chat, boards, or contests)
or you send us creative suggestions,
ideas, notes, drawings, or other
information (collectively, the
"Submissions"), such
Submissions shall be deemed, and shall
remain, the property of Trans Houston. None of
the Submissions shall be subject to any
obligation of confidence on the part of Trans Houston,
and Trans Houston shall not be liable for any
use or disclosure of any Submissions.
Any submission can be changed, altered,
edited or deleted with or without notice
and is subject to such actions as deemed
necessary by TransHouston. Without limitation of the foregoing, Trans Houston
shall exclusively own all now known or
hereafter existing rights to the
Submissions of every kind and nature shall be
entitled to unrestricted use of the
Submissions for any purpose whatsoever,
commercial or otherwise, without
compensation to the provider of the
Submissions.
Links
and Search Results: The
Trans Houston Service may provide, or third
parties may provide, search results or
other links to other World Wide Web
sites or resources. Because Trans Houston
has no
control over such sites and resources,
you acknowledge and agree that Trans Houston
is
not responsible for the availability of
such external sites or resources, and
does not endorse and is not responsible
or liable for any Content, advertising,
products, or other materials on or
available from such sites or resources.
You further acknowledge and agree that Trans Houston
shall not be responsible or liable,
directly or indirectly, for any damage
or loss caused or alleged to be caused
by or in connection with use of or
reliance on any such Content, goods or
services available on or through any
such site or resource.
Entertainment:
Site content is not presented for
entertainment purposes. All content is presented for
educational purposes only. Users of
TransHouston.com are allowed to access
content for the purposes of educating
themselves about the nature of the
transgender community as well as the
issues affecting the transgender
community. While it it probable that
some may find the content enjoyable on a
personal level, all site content is
educational in it's purpose. Content
which is irrelevant to transgender
issues is in violation of the
TransHouston.com TOS and is subject to
removal. Dating:
TransHouston.com
IS NOT a dating site.
While purpose of transhouston.com is
education, the administrators of this
site understand that even in educational
settings, human beings will occasionally
discover or seek to have affectional
feelings towards one-another. Therefore,
in an effort to responsibly manage this
human tendency, TransHouston requests
that members state their views towards
affectional advances. In doing do so, it
is hoped that those who are not
interested in receiving affectional inquiries
will be spared dealing with this type of
unwanted interaction. Furthermore, this
website's administrator(s) strongly urge users to use
good judgment when agreeing to meet or
exchange ANY information with others
they have met while accessing any online
media, including transhouston.com.
UPLOADS: By uploading photos,
images, programs, documents, videos,
sounds, or any other type of electronic
file, you are agreeing have your digital
files used and/or displayed on
transhouston.com. By uploading, you are
agreeing release and hold harmless any
and all persons, organizations and/or
entities associated with any
repercussions of any kind arising from
or as a direct or indirect result of
having your electronic file and/or
material hosted on transhouston.com.
Furthermore, by uploading, you are
declaring that the electronic data you
are sending is free of copyright,
excepting that which you are legally
entitled to. If you are the copyright
owner, by uploading, you extend to
transhouston.com the right to display,
use, alter, and/or electronically
reproduce your copyrighted data on
transhouston.com. Additionally,
uploading, you declare that you have
taken all proper measures, in adherence
with the law, to put on public display
any digital media you send to
transhouston.com. These measures
include, but are not limited to: 1.)
Written consent of all who appear in
photographs taken in private events,
functions, or gatherings; 2.) Written
consent of copyright holder for the use
of the digital material being sent to
transhouston.com for the purposes of use
on transhouston.com. By uploading, you
sender assume any and all legal
obligations concerning fair usage rights
and restrictions directly or indirectly
related to the digital attachments that
will appear on transhouston.com.
Disclaimers
PLEASE NOTE THE FOLLOWING IMPORTANT
DISCLAIMERS OF WARRANTIES:
THE Trans Houston SERVICE IS PRIVATELY OWNED AND PRODUCED
BY CRISTAN WILLIAMS. AS SUCH, CRISTAN
WILLIAMS HOLDS COPYRIGHT OVER ALL Trans
Houston CONTENT, EXCEPT WHERE EXPRESSLY
STATED.
THE Trans Houston SERVICE IS PROVIDED 'AS IS'
AND YOU USE IT AT YOUR SOLE RISK. Trans Houston
EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITATION, Trans Houston MAKES NO
WARRANTY THAT THE Trans Houston SERVICE WILL
MEET YOUR REQUIREMENTS, THAT IT WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, THAT THE RESULTS OBTAINED
FROM THE USE OF THE Trans Houston SERVICE WILL
BE ACCURATE OR RELIABLE, OR THAT THE
QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED
THROUGH THE Trans Houston SERVICE WILL MEET YOUR
EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE Trans Houston
SERVICE IS DONE AT YOUR SOLE RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR
INFORMATION, OBTAINED BY YOU FROM Trans Houston
PERSONNEL OR THROUGH THE Trans Houston SERVICE
SHALL NOT CREATE ANY WARRANTY NOT
EXPRESSLY PROVIDED FOR IN THESE TERMS OF
SERVICE.
Disclaimer
Regarding 3rd Party Sites
Trans Houston makes no guarantees as to the
sites and information located worldwide
throughout the Internet which you may
access as a result of the use of the Trans Houston
Service, including as to: (i) the
accuracy, currency, content, or quality
of any such sites and information, or
(ii) whether any search using the Trans Houston
Service may locate unintended and
objectionable content.
Disclaimer
Regarding Financial Information
If
while using a Trans Houston Service, you
are allowed to obtain information on
companies, stock prices, bonds, and
other investments or financial matters
be aware that the Trans Houston Service,
including all such financial
information, is provided for
informational purposes only, and no
information you may obtain is intended
by Trans Houston to be used for trading or
investing purposes. Trans Houston shall not be
responsible for the accuracy, usefulness
or availability of any information
transmitted via the Trans Houston Service, and
shall not be liable for any trading or
investment decisions made based on such
information.
SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES. IN
SUCH JURISDICTIONS, THE FOREGOING
DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR
AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation
of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT Trans Houston
SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF Trans Houston
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE Trans Houston
SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE Trans Houston
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE Trans Houston SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE Trans Houston
SERVICE. IN NO EVENT SHALL Trans Houston¹S
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 THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU
ARE ENTIRELY RESPONSIBLE FOR MAINTAINING
THE CONFIDENTIALITY OF YOUR PASSWORD AND
ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES
WHICH OCCUR UNDER YOUR ACCOUNT. YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS Trans Houston, ITS PARENTS, AFFILIATES
AND SUBSIDIARY COMPANIES, OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS AND
AGENTS FROM ANY AND ALL THIRD PARTY
CLAIMS, LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS FEES) ARISING FROM YOUR USE OF
OUR SERVICES, YOUR VIOLATION OF THE
TERMS OF SERVICE OR YOUR INFRINGEMENT,
OR INFRINGEMENT BY ANY OTHER USER OF
YOUR ACCOUNT, OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR
ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY Trans Houston
OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT
OR ANY OTHER BREACH OF SECURITY KNOWN TO
YOU.
Termination
and Modification
You
agree that Trans Houston, in its sole
discretion, may terminate your password,
account (or any part thereof) or use of
the Trans Houston Service, and remove and
discard any Content within the Trans Houston
Service, for any reason, including,
without limitation, for lack of use or
if Trans Houston believes that you have violated
or acted inconsistently with the letter
or spirit of the Terms of Service.
Further, you agree that Trans Houston shall not
be liable to you or any third-party for
any termination of your access to the Trans Houston
Service. We reserve the right, at our
discretion, to change, add, or remove
portions of these Terms of Service at
any time. Please check back at this
webpage periodically for changes. Your
continued use of Trans Houston following the
posting of changes to these terms
(including our Community Guidelines)
will mean you accept those changes.
Governing
Law and Other Miscellaneous Terms
Unless
expressly stated to the contrary
elsewhere, all legal issues arising from
or related to the use of the Trans Houston
Service shall construed in accordance
with, and all questions with respect
thereto shall be determined by, the laws
of the state of Houston applicable to
contracts entered into and wholly to be
performed within said state. Any
controversy or claim arising out of or
relating to these Terms of Service or
your use of the Trans Houston Service shall be
settled by binding arbitration in
accordance with the commercial
arbitration rules of the American
Arbitration Association. Any such
controversy or claim shall be arbitrated
on an individual basis, and shall not be
consolidated in any arbitration with any
claim or controversy of any other party.
The arbitration shall be conducted in
Houston, Texas and judgment on the
arbitration award may be entered into in
any state or federal court in Houston
having jurisdiction thereof. Any party
seeking temporary or preliminary
injunctive relief may do so in any state
or federal court in Texas having
jurisdiction thereof. The state and
federal courts of Houston shall be the
exclusive forum and venue to resolve
disputes arising out of or relating to
these Terms of Service. 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. This is the entire
agreement between you and Trans Houston relating
to the subject matter herein and shall
not be modified by you except in
writing, signed by both parties. The
Terms of Service will inure to the
benefit of Trans Houston's successors, assigns
and licensees.
All inquiries concerning any aspect of
the TransHouston Terms of Service should
be sent to cristan@transhouston.com. |