This website is a private space, not a public commons, but we try to be as open as possible to everyone who would like to visit. To maintain a friendly atmosphere on this website, we have created a set of guidelines designed to avoid abuses. A single person can do immense harm to a community in the absence of such guidelines, so you must agree in full to these terms before using this website. Using the chatrooms or the forums constitutes agreement in full to these terms.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY SIGNING UP FOR AN ACCOUNT ANYWHERE ON THE TGChatroom.com WEBSITE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SIGN UP FOR AN ACCOUNT AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. TGChatroom's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TGChatroom, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The purpose of this website, tgchatroom.com (the "Site"), is to provide a forum for transgendered persons, intersexed persons, cross-dressers and friends and family of transgendered persons, intersexed persons and/or cross-dressers. The site is intended for persons wishing to legally engage in internet communications with other persons of like mind, subject to these Terms of Service.
1. ACCEPTANCE OF TERMS
TGChatroom.com Chat provides service to you, subject to the following Terms of Service("TOS"), which may be updated by us from time to time without notice to you. You may review the TOS at any time at terms.php. Your use of this website is conditioned on your acceptance without modification, of the terms, conditions, policies and notices contained herein. Your use of this website or its services constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement"). TGChatroom.com Chat may change, add or remove any part of this Agreement, or any other terms associated with the use of this website or its services, at any time, by posting a notice on the Site, or by sending you a notice via e-mail. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use this website or its services after the notice is posted, you are indicating your acceptance of those changes. Furthermore, your use of this website is conditioned on your acceptance without modification, of the Code of Conduct which is herein linked for your convenience.
2. DESCRIPTION OF SERVICE
TGChatroom.com Chat provides members with topical chatrooms and forums to converse with other members (the "Services"). You understand and agree that the Services are proviced "AS-IS" and that TGChatroom.com Chat assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any member communications or preference settings. You are responsible for obtaining access to the Services and that access may involve third party fees. You are responsible for those fees, and in addition, you must provide and are responsible for all equipment necessary to access the Services. Information, data, text, software, sound, music, video, graphics, photographs, messages, animations or other materials (the "Content") may be posted by members while using the Services.
TGChatroom will use reasonable efforts to ensure that the Site and Services are available at least 23 hours a day. However, there will be occasions when the Site and or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by TGChatroom to minimize such disruption where it is within TGChatroom's reasonable control. YOU AGREE THAT NEITHER TGCHATROOM NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT. TGChatroom retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
3. REGISTRATION OBLIGATIONS
In regard to the use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, including the country in which you are resident or from which you use the Services. You further represent that you are at least 18 years of age at the time you begin using the Services.
5. MEMBER ACCOUNT AND SECURITY
As part of the registration process, you are asked to supply a password for your account. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your account or password. You agree to immediately notify TGChatroom.com Chat of any unauthorized use of your account or password or any other breach of security. You further agree to exit from your account at the end of each session.
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person posting such Content. TGChatroom.com Chat does not control the Content posted via the Services and as such, does not guarantee the accuracy, quality or integrity of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or otherwise objectionable. Under no circumstances will TGChatroom.com Chat be liable in any way for any Content, including, but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any Content.
You agree to not use the Services to:
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Services are public and not private communications. Moderators and administrators have the ability to read personal and/or private messages at any time and no guarantees of privacy will be made. Private messages cannot be considered to be truly private and you are urged not to send information which may be confidential or damaging via the personal or private chat mechanisms of the Services. You understand that you have no expectation of privacy with respect to your use of the Site, Services or Games, and that all communications made by or received from you may be monitored, preserved and disclosed by TGChatroom.com representatives. You hereby consent to the extraction of hardware system profile data and any data related to operation of the software from any computer that logs on to the Site, Services or Games using your account. You acknowledge and agree that TGChatroom.com will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct.
By submitting (e.g. to Publish) Content to the Services, you automatically grant TGChatroom.com Chat the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.
TGChatroom.com Chat and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted to the Services. Without limiting the foregoing, TGChatroom.com Chat and its designees shall have the right to remove any Content that is in violation of the Agreement or is otherwise objectionable. You agree to indemnify and hold TGChatroom.com Chat harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
You acknowledge, consent and agree that TGChatroom.com Chat may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce the Agreement, respond to your requests for customer service, respond to claims that any Content violates the rights of third parties or protect the rights, property, or personal safety of TGChatroom.com Chat, its members and the public.
In all cases, violation of the account registration guidelines may lead to temporary or permanent ban of the IPs from which your account was used as well as a temporary or permanent ban of the email address which was provided with your account. We reserve the right to reject accounts whose email is with free provider such as Hotmail or Yahoo! Mail at any time without notice.
7. SITE GUIDELINES
These guidelines apply to the entire site, including the chatrooms and the forums.
The chatrooms and forums are provided as a courtesy to our visitors. Members are expected to behave with politeness, maturity and respect at all times.
9. DISCLAIMER OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NEITHER TGCHATROOM.COM CHAT, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL TGCHATROOM.COM CHAT FEATURES.
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL FEATURES OF THE SERVICE, IS AT YOUR SOLE RISK. THE SERVICE AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OBTAINING OF ANY SUCH MATERIAL.
10. LIMITATION OF LIABILITY
THE DISCLAIMERS OF LIABILITY CONTAINED IN SECTION 9 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL TGCHATROOM.COM CHAT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SERVICE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICE OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF TGCHATROOM.COM CHAT WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY TGCHATROOM.COM CHAT PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE SERVICE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE.
TGCHATROOM.COM CHAT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND TGCHATROOM.COM CHAT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
Either you or TGChatroom.com Chat may terminate this Agreement at any time. You may terminate this Agreement at any time by not using the Services. We can terminate the Agreement by asking you to stop using the Services, and, if necessary, by preventing your access to the Services. Upon termination of this Agreement, you shall have no further rights to use the Services. Your only right and remedy with respect to any dissatisfaction with the Services is to terminate this Agreement, including, without any limitation, any dissatisfaction with (a) any terms and conditions of this Agreement, or any policy or practice of TGChatroom.com Chat in operating the Services, or (b) Content available through the Services, or any change therein. Without limiting the foregoing, TGChatroom.com Chat shall have the right to terminate this Agreement with you, effective immediately, and/or suspend or terminate your access to the Services, without notice, in the event of any conduct by you which TGChatroom.com Chat, in its sole discretion, considers to be unacceptable, or for conduct that TGChatroom.com Chat believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by TGChatroom.com Chat to the Services, or for other conduct which TGChatroom.com Chat believes, in its sole discretion, is harmful to TGChatroom.com Chat or other Services members. TGChatroom.com Chat reserves the right to deny registration to any individual as a Services member and to deny access to the Services to any individual.
You agree to indemnify and hold harmless TGChatroom.com Chat and all of its respective officers, directors, owners, agents, employees, information providers, affiliates, licensors, licensees and designees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (a) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (b) your use of the Services, including, without limitation, all TGChatroom.com Chat features.
This site is controlled and operated by TGChatroom.com Chat from its offices within the State of Oregon, United States of America. TGChatroom.com Chat makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
TGChatroom.com Chat respects the intellectual property of others and we ask that our members do the the same. TGChatroom.com Chat may, at its sole discretion, suspend and/or terminate the accounts of members who may violate intellectual property rights. If you believe that your work has been copied in a way that violates your intellectual property rights, please provide TGChatroom.com Chat's Copyright Agent the following information:
TGChatroom.com Chat's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By web form: http://www.tgchatroom.com/contact.php
16. GENERAL INFORMATION
The Agreement constitutes the entire agreement between you and TGChatroom.com Chat and governs your use of the Services, superceding any prior agreements between you and TGChatroom.com Chat.
The Agreement and the relationship between you and TGChatroom.com Chat shall be governed by the laws of the State of Oregon, United States of America without regard to its conflict of law provisions. You and TGChatroom.com Chat agree to submit to the personal and exclusive jurisdiction of the courts located within the county of the city of Portland, Oregon.
The failure of TGChatroom.com Chat to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You agree that your TGChatroom.com Chat account is non-transferrable and any rights to your TGChatroom.com Chat account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles within the Agreement are for convenience only and have no legal or contractual effect.