Welcome to OutProud Online, owned and produced by OutProud, a California public benefit corporation and a non-profit, 501(c)3 corporation under U.S. law and its subsidiary and affiliate successors, and assigns (collectively referred to as “OutProud”).
OutProud Online currently consists of various web pages at or linked to the URLs www.outproud.org, www.queeramerica.com, www.outpath.com, www.transproud.com, www.channelq.com, collectively referred to as “OutProud Online,” which may expand or change from time to time).
OutProud Online is the oldest resource for queer youth on the Internet and pioneered outreach to queer youth through America Online and the Internet beginning in 1993. OutProud Online provides resources, information, discussion, referrals and links through a network of web sites targeted at serving the needs of queer and questioning youth.
OutProud makes available a variety of products and services through the OutProud Online (collectively, the “Products and Services”) subject to these General Terms and Conditions (“Terms and Conditions”). In addition, there are a variety of special products and services offered through OutProud Online that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the OutProud Online that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. OutProud also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of OutProud Online. In addition, Outproud Online also may offer other services from time to time that are governed by the terms of service of the respective service partners.
Because the Terms and Conditions contain legal obligations, please read them carefully.
Please direct any legal questions to:
369 Third Street, Suite B-362
San Rafael, CA 94901-3581
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual OutProud Online web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that OutProud may terminate your access to OutProud Online or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by OutProud. Any such termination shall be in OutProud’s sole discretion and may occur without prior notice, or any notice. OutProud further reserves the right to terminate any user’s access to OutProud Online or to any of the Products and Services for any conduct that OutProud, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to OutProud or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. OutProud further reserves the right to terminate any user’s access to OutProud Online or to any of the Products and Services for any reason or for no reason at all, in OutProud’s sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.outproud.org/ or another of the URLs associated with OutProud Online. Be aware that the entirety of OutProud Online is for general audiences and no areas contain adult content.
Where content may be restricted under the laws of any applicable jurisdiction, individuals are not permitted to access such content. There is no content and no services offered by OutProud which require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
OutProud does not discriminate on the basis of age, gender, gender identity, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various OutProud Online registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OutProud has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OutProud has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF OUTPROUD ONLINE MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.
5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children’s access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available. For more information on such parental control protections, click here. For more information about protecting children on the Internet, click here. To review our Notice Regarding the Privacy of Children Under 13 While on OutProud Online, click here.
6. MEMBER CONDUCT
In certain areas of OutProud Online, upon registering, you will receive a password and OutProud Online ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify OutProud of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OutProud Online cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement, or otherwise.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not OutProud Online, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. OutProud Online does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OutProud Online be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, OutProud does not pre-screen user or third party Content posted on OutProud Online, except for certain areas where OutProud employs certain automated screening software or a manual review process, although OutProud reserves the right to do so. OutProud does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. OutProud reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by OutProud.
You agree that you will not use OutProud Online Products and Services to:
- Upload, post, email, otherwise transmit or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- Make any sexual request on behalf of a minor or make any sexual request of a minor.
- “Stalk” or otherwise harass another.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a OutProud Online official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
- Upload, post, email, otherwise transmit or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, email, otherwise transmit, or post links to 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, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or OutProud Online.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any OutProud Online database.
- Conduct your own contests and promotions.
- Upload, post, email, otherwise transmit or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any OutProud database, including, without limitation, by incorporating data from any OutProud database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Sell, distribute, or make any commercial use of data obtained from any OutProud database or make any other use of data from any OutProud database in a manner which could be expected to offend the person for whom the data is relevant.
- Create and maintain a OutProud Online web page as storage for remote loading, or as a door or signpost to another homepage.
- Create and maintain a OutProud Online web page that contains hyperlinks to content not permitted on OutProud Online.
- Disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
- Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation OutProud Online Chat hosts.
- 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 New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
- Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any OutProud Chat hosts or other OutProud employee or representative or interfere with any action by any OutProud Chat host or other OutProud employee or representative to redress any violation of these Terms and Conditions.
- Access the Products and Services after your account or access has been terminated by OutProud.
- Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of OutProud or the party from whom such software may be licensed.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
- Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
- Upload, post, email or otherwise transmit or post links to any material, or act in any manner, that is offensive to OutProud Online community or the spirit of these Terms and Conditions.
- Advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where paying OutProud any of the required transactional or listing fees would cause OutProud to violate any law.
You acknowledge and agree that OutProud Online and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation OutProud and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by OutProud, in its sole discretion. OutProud may also terminate access to, or membership in, OutProud Online, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of OutProud Online, including without limitation information in Chat, Message Boards, databases, and in all other parts of OutProud Online Products and Services.
OutProud also may suspend or terminate any user account for any Product or Service because of user inactivity or for any other reason whatsoever. For example, a OutProud Forum account may be terminated or suspended if a user fails to sign-in to the OutProud Foru for an extended period of time. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
7. LICENSE TO USER CONTENT
By submitting content, of any type, to any service on OutProud Online, you grant OutProud a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such content, for unlimited purposes, as OutProud shall deem appropriate. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend in perpetuity, with no limitations nor restrictions.