Welcome to TrannyGirl.Us ("TrannyGirl"), the social network for transgenders and others to meet online, operated by parent company NightOwl Press. By using the TrannyGirl Website ("Website"), you agree to be bound by these Terms of Use (this "Agreement") whether as a "Visitor" (which means that you simply browse the Website including through a mobile device or otherwise use the TrannyGirl Services (the Services) without being registered) or as a "Member" (which means that you have registered with TrannyGirl). If you wish to become a Member, communicate with other Members and make use of the TrannyGirl Service (the "Service") read these Terms of Use and indicate your acceptance of them by submitting the registration form.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by TrannyGirl from time to time, such modifications to be effective upon posting by TrannyGirl on the Website. Your continued use of the Services after TrannyGirl posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore incumbent upon you to periodically review this Agreement to ensure that you are updated as to any changes. This Agreement includes TrannyGirl's Acceptable Use Policy for Content Posted on the Website, TrannyGirl's Privacy Policy, and any notices regarding the Website. The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Services, those additional terms are hereby incorporated into this Agreement, you must read this Agreement and indicate your acceptance during the registration process. You may also receive a copy of this Agreement by emailing us at:
admin@trannygirl.us
As there are minors on this site please you must carefully select the information you post on or through the TrannyGirl Services and that you provide to other Users. Your TrannyGirl profile may not include any form of Prohibited Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other TrannyGirl Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and TrannyGirl assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please click on the "Report This Member" on the Member's Profile Page or "Contact Us" or the link at the bottom of the TrannyGirl Website pages.
TrannyGirl reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. TrannyGirl expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Services if TrannyGirl determines, in its sole discretion, that you have violated this Agreement or pose a threat to TrannyGirl and/or its Users.
1) Eligibility. You must be sixteen or over to register as a member of TrannyGirl or use the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and agree to abide by all of the terms and conditions of this Agreement, that all registration information that you provide is true and accurate and that you will maintain the accuracy of said information. Use of the Services and registration to be a Member for the Services ("Membership") is void where prohibited and your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2) Term. This Agreement, and all posted revisions to this agreement, will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by using the Delete My Account feature, or upon receipt by TrannyGirl of your written or email notice of termination sent to the information provided at Contact Us, enter subject: Delete My Account. TrannyGirl may terminate your membership for any or no reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to TrannyGirl or without prior notice or explanation, and without liability. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 6, 7, 10-16 of this Agreement.
3) Fees. Though TrannyGirl's Membership is free, you acknowledge that TrannyGirl reserves the right to charge for Display Advertising and Business Membership fees in the Guide section at its discretion. If TrannyGirl terminates your Membership because you, as an individual or you as a business entity have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4)Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TrannyGirl immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5) Use by Members. The Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by TrannyGirl. TrannyGirl reserves the right to remove commercial content at its sole discretion. Illegal and/or unauthorized use of the Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. TrannyGirl reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
6) Proprietary Rights in Content on TrannyGirl. TrannyGirl owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of TrannyGirl, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. TrannyGirl.Us hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
7) Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities (such as prostitution) or commercial activities of any kind in their profile or in messages sent on the site and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently. Furthermore you agree that:
a. You understand and agree that TrannyGirl may review and delete any content, messages, TrannyGirl Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of TrannyGirl violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. By publishing or ("posting") Content to any public area of TrannyGirl, you automatically grant, and you represent and warrant that you have the right to grant, to TrannyGirl an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. TrannyGirl does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you post on or through the Services. After posting your Content to the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on or through the Services, you hereby grant to TrannyGirl a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Services, including without limitation distributing part or all of the Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the Website. This limited license does not grant TrannyGirl the right to sell or otherwise distribute your Content outside of the Services. After you remove your Content from the Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the Website as soon as practicable after you make the change.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. TrannyGirl reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
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is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
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promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music or video files;
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violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
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contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
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provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
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criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
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contains frontal nudity below the waist, excessive violence, or offensive subject matter or contains a link to an adult website;
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furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
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includes a photograph or video of another person that you have posted without that person's consent;
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solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
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engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
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circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
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activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
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covering or obscuring the banner advertisements on your personal profile page, or any TrannyGirl page via HTML/CSS or any other means;
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any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages; or
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interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although TrannyGirl cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, TrannyGirl reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which TrannyGirl deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to TrannyGirl, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay TrannyGirl $50 U.S. funds for each such unsolicited email or other unauthorized commercial communication you send through the Services;
8) Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with 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 Website; your address, telephone number, and email address; a written 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.
9) Member Disputes. You are solely responsible for your interactions with other TrannyGirl Members. TrannyGirl reserves the right, but has no obligation, to monitor disputes between you and other Members.
10) Disclaimer and Limitation of Liability Regarding Interactions Between Members. You are solely responsible for your interactions with other Members. You understand that TrannyGirl does not in any way monitor the activity of its Members either offline or online. Nor does TrannyGirl screen or interview its Members, nor does TrannyGirl inquire into the backgrounds of its Members or attempt to verify the accuracy or statements made by Members. TrannyGirl makes no representations or warranties as to the conduct of Members or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Members of the Service, particularly if you decide to meet offline or in person. You should read the Safety Tips provided by TrannyGirl for your protection. You should not divulge personal or financial information to strangers.
In no event shall TrannyGirl be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or anyone else's conduct in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from communications or meetings with other Members or persons you meet through this Service.
11) Service. TrannyGirl does not guarantee, at any time, their membership holders, that the website will be fully operational all the time. Members may face significant service disturbances. Only in the event that
www.trannygirl.us is offline for a period of more than 72 hours, will a pro-rated refund be given. TrannyGirl DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for services/features related to the website.
12) Disclaimers. TrannyGirl is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. TrannyGirl is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. TrannyGirl assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. TrannyGirl is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will TrannyGirl be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and TrannyGirl expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TrannyGirl cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
13) Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will TrannyGirl be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if TrannyGirl has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, TrannyGirl liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TrannyGirl for the Service during the term of membership or advertising.
14) U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15) Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Palm Springs.
16) Indemnity. You agree to indemnify and hold TrannyGirl, its Parent Company NightOwl Press, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
17) Other. TrannyGirl.Us and "Living Free Is The Only Way To Be" are trademarks of NightOwl Press. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and TrannyGirl regarding the use of the Website and/or the Service. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please
contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.