Web Site Terms and Conditions of Use
Article 1. Definitions
2Date Media (“MyTransgenderCupid”) is the exclusive owner and operator of myTransgendercupid.com (the “Website”).
“Service(s)” refers to Your use of the Website for any purpose whatsoever.
Article 2. Overview
We reserve the right to modify this Agreement at any time. Such modified Agreement will become effective and will apply to Your subscription upon our posting such Agreement to the Website. Your continued use of our Service after such a modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your obligation to review the Agreement and to become aware of any modifications.
Article 3. Eligibility
Article 4. Behavior of Consumers
4.1 The Consumer is not permitted to act indecently, unlawfully or in violation of the law or to encourage or encourage others to do so. For example, he is forbidden to:
- use threatening language to Participants or to the Data site;
- placing unlawful texts, image and / or sound material;
- placing texts or visual and / or sound material that infringes the (intellectual property) rights of third parties.
- direct or indirect requests for and / or expressions of contact details, such as telephone numbers, street addresses, surnames, URLs, e-mail addresses or other personally identifiable information, to be communicated to other Participants and / or the profile;
- posting photos of a sexual nature, youth photos, group photos, photographs of animals or photos of people other than themselves;
- use a profile as a blog, columns or otherwise place texts or images that are not directly or indirectly aimed at finding a partner;
- to use the data of other Participants for a purpose other than that for which they are intended, including the sending of spam and chain letters.
4.2 In addition, the Consumer is not permitted to:
- mention untruths in the profile;
- make statements about the type or duration of your membership in communication with other Participants and / or the profile;
- make statements about the status of your membership in communication with other Participants and / or the profile;
- seeking or offering erotic contact;
- fill in several profiles per person;
- to distribute commercial information in communication to other Participants and / or to state on the profile;
- cause damage or nuisance to other Participants or the Datingsite;
- to make racist or offensive expressions in communication to other Participants and / or to mention the profile;
- to publish, reproduce or otherwise (re) use information on a profile of another user in any way without express permission from the relevant Participant;
- giving login details to third parties, these are strictly personal;
- to register as a couple;
- to assume a false identity or to pretend to be someone else.
4.3 If a Consumer acts contrary to the provisions of article 4.1 or 4.2, the Data Site may cancel the Membership of the Consumer and immediately adjust, block or delete his profile. The Datingsite informs the Consumer of the blockade or removal stating the reason. The Datingsite will refund the Membership Fee with the exception of the membership fee on the notice period.
4.4 The Consumer accepts that the Datingsite if there is a reasonable reason for this, can check the data and conduct supplied by him in connection with possible violations of articles 4.1 and 4.2.
Article 5. Complaints about Participants; deception
5.1 If a Data Site receives a complaint about a Participant, he will investigate this complaint and, if necessary, take appropriate measures. The Datingsite makes efforts to ensure that profiles of Consumers containing untruths are misleading or that are otherwise clear that they can cause damage or nuisance to other Participants to remove, modify or block.
5.2 The Data site makes every effort to point out to consumers the possible deception by Participants on the Data site. The website itself indicates the risks and tips are given to prevent damage.
Article 6. User Agreement
This Agreement constitutes Your agreement with MyTransgenderCupid with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
Article 7. Right to use
Your right to use the Service is 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 Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
Article 8. Code Of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
You will keep all information provided to You through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to You.
You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
You will not forward chain letters through the Service.
You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You will not post messages, pictures or recordings or use the Service in any way that;
violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
is fraudulent or otherwise unlawful or violates any law.
You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. Parties responsible for the distribution, promotion or publication of any material containing any solicitation for funds, advertising or solicitation for goods or services agree to pay MyTransgenderCupid One Thousand US Dollars ($1000.00) per account involved with such activities to cover expenses involved with investigation and prosecution of such activities.
You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, MyTransgenderCupid, its systems, or any other members' systems in any way.
You will not post or transmit in any manner any contact information including but not limited to email addresses, "instant messenger" nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website and through its Services.
You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
Article 9. Monitoring Of Information
We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, see www.aboutads.info/choices.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.
For third party advertising cookie opt out please visit www.networkadvertising.org/managing/opt_out.asp.
Article 10. Removal Of Information
We do not and cannot review all profiles, public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.
Article 11. Termination Of Access To Service
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
Article 12. Proprietary Information
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
Article 13. No Responsibility
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
Article 14. Security
You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. You are responsible for all usage or activity on the Service by users using Your password, including but not limited to use of Your password by any third party. You agree to immediately notify MyTransgenderCupid of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.
Article 15. Interactions With Other Members
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT MYTransgenderCUPID CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. MYTransgenderCUPID ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MYTransgenderCUPID MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. MYTransgenderCUPID RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL MYTransgenderCUPID BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT MYTransgenderCUPID MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
Article 16. External Links
You understand that by using any of the External Links, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the External Links at Your sole risk and that MyTransgenderCupid shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. It shall be Your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
By using External Links, You acknowledge and agree that MyTransgenderCupid is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. MyTransgenderCupid does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any External Links or for any other materials, products, or services of third parties.
You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that MyTransgenderCupid shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.
Article 17. Paid Memberships And Paid Features
In addition to the free services provided on the Website, Paid Memberships (for example, the MyTransgenderCupid Membership) and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
Article 18. Termination of Services for Non-Payment
Where payment is required for a Paid Membership or Paid Feature and we are unable to charge Your credit card for any reason, we may discontinue any and all Services to You either temporarily or permanently.
Article 19. Cancellation of Services
If You cancel Your account, Your Paid Membership and/or Paid Features will be cancelled. All payments for Paid Memberships and Paid Features are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded. Paid Memberships and/or Paid Features cannot be transferred to any other account.
Article 20. Making Claims Of Copyright Infringement
If You believe that any material or content distributed by MyTransgenderCupid constitutes copyright infringement, please provide us 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 our 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.
Article 21. Disclaimer Of Warranties And Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
MYTransgenderCUPID PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. MYTransgenderCUPID DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY MYTransgenderCUPID IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY MYTransgenderCUPID, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MYTransgenderCUPID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY MYTransgenderCUPID AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR 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 AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER MYTransgenderCUPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00).
EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Article 22. Indemnity
You hereby agree to indemnify, defend and hold harmless MyTransgenderCupid and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. MyTransgenderCupid reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
Article 23. Miscellaneous
This Agreement represents the entire agreement between You and MyTransgenderCupid regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of British Columbia, Canada. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with MyTransgenderCupid, shall be resolved through arbitration, with such arbitration to be held in Vancouver, British Columbia, Canada.
Additionally, except where prohibited by law, as a condition of using the Services, You agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of MyTransgenderCupid. MyTransgenderCupid may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Last Edited on 2018-06-28