USER AGREEMENT FOR PINK TRIANGLE PRESS (“PTP”) WEBSITES.
THIS AGREEMENT WAS LAST UPDATED JULY 4, 2017.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY PTP WEBSITE AS THEY CONTAIN LEGAL OBLIGATIONS.
Please note that we reserve the right to amend, change, modify or alter the Agreement at any time, at our sole discretion. Please check periodically for changes. Your continued use of the of a PTP Site following the posting of any changes to the Agreement means that you accept those changes.
From time to time, we may make it possible for users to post content to a PTP Site. We do not wish to censor or police the content being posted on our Sites, nor do we have the ability to monitor every posting. To keep these forums a comfortable and productive place of exchange for LGBTQ people and their allies of all affiliations, we have established the following Terms and Conditions:
TERMS AND CONDITIONS OF THE SERVICE:
User Agreement. This Agreement constitutes your agreement with PTP with respect to your use of PTP Sites. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Sites. As used in this Agreement, "we", “our” and "us" means PTP, or any successor or assign of PTP.
Right to Use. Your right to use our Sites are subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Site feature, database or content. We may also impose limits on certain features and aspects of the Sites or restrict your access to parts or all of the Sites without notice or liability.
Service Guidelines. You agree and undertake that you will comply with the following guidelines when using our Sites:
- 1. You will not use the Sites to restrict or inhibit any other user from using and enjoying the Sites or the Internet.
- 2. You will not use the Sites to post or transmit any unlawful, threatening, abusive, libelous, slanderous, racist, ageist, transphobic, misogynistic, or homophobic comments. Additionally, you will not use the sites to post or transmit defamatory information, advertisements, pictures or communications that contain offensive language or images of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, state, or federal law.
- 3. You will not intentionally interfere with or damage operation of the Sites or any user’s enjoyment of the Sites, including uploading or otherwise disseminating viruses, malware, worms, cancelbots, Trojan horses or other malicious code.
- 4. You will not use the Sites to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services without our written consent.
- 5. You will not use the Sites to post advertisements or other information that, at our discretion are deemed by us to be an insincere or otherwise non-genuine use of the Service.
- 6. You may not use the Sites for any unlawful purpose or to promote any unlawful activity.
- 7. You may not use the Sites to post information, advertisements, communications, pictures or other content for the purposes of interference or entrapment by law enforcement or security agencies, media, or any other person or agency.
- 8. You will not post information, advertisements, pictures or communications or use the Sites in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights.
- 9. You represent and warrant to us that any persons depicted on the Sites in any way are over 18 years of age and that you will not depict any person as being under 18 years of age.
10. You will ensure that any information, advertisements, pictures or communications you post on the Service do not contravene any criminal or other laws relating to obscenity, pornography, child pornography, or otherwise.
Monitoring of Information. While we do not and cannot preview or review all items posted on the Service, we reserve the right to monitor all information, advertisements, pictures and communications for acceptability.
Removal of Information. We reserve the right, without limitation, to move, delete or edit any and all advertisements, information, pictures or communications posted on the Sites, that we, in our sole discretion, deem to violate the Service Guidelines set out above or to be otherwise unacceptable.
Ownership in User Posted Materials and Grant of Rights to PTP. You represent that you are the sole owner of all rights in materials posted by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted by you, you agree that all materials posted by you shall become part of a database, and that we will own the compilation copyright in that database. In addition, you hereby grant us a perpetual, worldwide, royalty-free, non-exclusive irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display and distribute such materials, any portions of such materials and any derivative works created from such materials, in print, telecommunication, electronic and other media, or by any means or technology now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither we nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials. In addition, you warrant that all “moral rights” in such materials have been waived.
Submission of Ideas, Suggestions, Pitches, etc. We strive to continually improve our content offerings and our Sites, and we encourage our users to submit ideas and or suggestions for improvements, additions, stories, features, etc. However, any such submissions shall be subject to this Agreement. BY SUBMITTING AN IDEA OR SUGGESTION TO PTP YOU ARE EXPRESSLY WAIVING ANY AND ALL RIGHTS YOU MAY HAVE IN THE IDEA OR SUGGESTION AND YOU ARE REPRESENTING AND WARRANTING THAT THE IDEA OR SUGGESTION IS WHOLLY ORIGINAL WITH YOU AND DOES NOT VIOLATE ANYONE ELSE’S RIGHTS AND/OR COPYRIGHT. YOU AGREE THAT PTP IS FREE TO USE THE IDEA OR SUGGESTION (AND ANY RELATED MATERIAL) AT PTP’S SOLE DISCRETION, IN WHOLE OR IN PART, OR AS MODIFIED BY PTP, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Content Linked to a PTP Site. Please be aware that certain links on our Sites may redirect you to other websites. These links are provided only as a convenience, do not constitute an endorsement by PTP, and may not be under the control of PTP. Should you choose to visit any linked websites, you do so at your own risk and it is your sole responsibility to safeguard yourself against viruses and other malicious elements and to be careful about disclosing any personal information. PTP is not responsible for the content of any such linked sites that are not under PTP’s control and we make no representations or warranties about the information, products or services contained or being offered on such websites, nor is PTP responsible for the content of any linked sites provided by other users on our Sites. Accordingly, you release PTP from any and all responsibility and liability connected to any of your activities on any websites linked to a PTP Site.
No Responsibility. You acknowledge and agree that use of the Sites is at your own risk and that we are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever that may arise out of or relate to your use of the Sites, including any personal meetings or encounters you may engage in that may arise out of or relate to your use of the Sites.
Indemnity. You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation, reasonable legal fees, which we may suffer from your activities on or use of the Sites, including without limitation, any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Modifications. From time to time, we may modify or otherwise amend this Agreement. Notification of any such changes will be posted on the Sites. If you do not agree to any modifications, you must terminate your use of the Sites. Your continued use of the Sites following the posting of any modifications to this Agreement, will constitute binding acceptance by you of this Agreement and any subsequently amended versions thereof.
Personal and Non-Commercial Use Limitation. All material, information and content (collectively “Content”) presented or available on our Sites are: Copyright Pink Triangle Press, its affiliates and/or licensors. All rights reserved. PTP grants you a limited, non-exclusive, non-transferable license to use and display our Content on your computer or other electronic access device for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products or services obtained from our Sites without our express written consent.
Governing Law and Severability. This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario. Each of the provisions of this Agreement shall apply to full extent permitted by law, and the invalidity in whole or in part of any provision shall not affect the remainder of such provisions or any other provisions.