TERMS OF SERVICE
Last Updated: July 10, 2018
USER ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
Technology Poet, LLC (“Us” or “We”) provides the transgenderheaven.com website, application(s) (including mobile applications), and various related services (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such Services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
By visiting our Site and/or purchasing something from us, you engage in our “Service” or “Services” and agree to be bound by these Terms of Services, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of this Site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on this Site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose. As used in these Terms of Service, references to our “affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its Services.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send submissions (for example contest entries) of Materials (as defined) or without a request from us you send creative ideas, suggestions, proposals, plans, articles, photos, or other materials (“Material”), whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Materials that you forward to us. We are and shall be under no obligation (1) to maintain any Materials in confidence; (2) to pay compensation for any Materials; or (3) to respond to any Materials.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. If you receive access to another user’s account or media, you agree to comply with these Terms of Service and to inform our administrator right away. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Harassment and/or bullying of members will not be tolerated, and we will remove content that appears to purposefully target private individuals with the intention of degrading or shaming them. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Technology Poet, LLC and/or Transgender Heaven, our directors, officers, employees, affiliates, volunteers, ambassadors, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Technology Poet, LLC and/or Transgender Heaven, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, volunteers, ambassadors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, United States of America.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at https://transgenderheaven.com/contact/
FORUMS AND SOCIAL
Administrators and Moderators will attempt to remove objectionable material within a reasonable timeframe, though it is impossible to remove every message. All posts on these forums express the views and opinions of the author, and not the administrators, moderators, affiliates, ambassadors, webmaster, Transgender Heaven and/or Technology Poet, LLC. You agree to hold the aforementioned persons/entities harmless and not liable for any comments or posts.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions.
You agree that the webmaster, administrator and moderators of this forum have the right to moderate, remove, edit, move or close any topic or post at any time should they see fit. Further, you agree that the webmaster or administrators of this forum have the right to deactivate, delete, and/or permanently ban you, the member, for any violations of the rules and guidelines of this Forum.
The Community Rules and Code of Conduct cover all use of forums and social functionality. They are as follows:
Transgender Heaven is a safe, welcoming and supportive place for everyone in the transgender community. Our Community Rules and Code of Conduct are designed to keep our community safe, welcoming and supportive.
- All rules are equally enforced
- One account per person
- No hateful, bashing, flaming, shaming, obscene, vulgar, slanderous, threatening or other abusive behavior
- No profanity, sexual references or lewd behavior
- No admirers are allowed – this is strictly for those in the transgender community and their friends and family
- No pornography, nudity or otherwise lewd or obscene photos.
- No commercial postings unless given special permission by the Administrators
- No trolling or community disruption
- A valid email address must be associated with your account. If you mark email from Transgender Heaven as spam, or if email is returned as undeliverable your account may be suspended.
- You will encounter members of a different age, race, nationality, gender, sexuality, gender identity, life circumstance and progression on their transgender journey. Treat others with respect and honor their path. Use your words to lift up and encourage
- Keep your words, photos and intentions family friendly
- Discussion about controversial subjects unrelated to the transgender journey such as politics and religion are discouraged
Your username is your identifier on Transgender Heaven. Choose something that represents your personality – something fun, meaningful, memorable, or even your name.
If you choose an inappropriate username you will be asked to delete and recreate your account.
The following are some examples of unacceptable user names:
- Numbers in any format
- Symbols, emoticons, punctuation marks and other characters not part of the latin alphabet
- Profanity, lewd or vulgar words
USE OF CONTRIBUTIONS
You agree to grant Technology Poet, LLC and Transgender Heaven a non-exclusive right to use your likeness, comments, posts, photos, articles, and all other Site contributions and artifacts you generate. The use can include but is not limited to: Site promotion, marketing, inclusion in published articles, syndication with third-party websites (e.g., other websites showing an RSS feed from the Site), testimonials, content promotions and other online and offline activities. We will never publish any personal details (such as email address), you can opt out of this policy by contacting us at https://transgenderheaven.com/contact/
RIGHT TO CONTACT
You agree to grant Technology Poet, LLC and Transgender Heaven the right to contact you. Some notifications may be disabled through your Transgender Heaven account or by opting out of the mailing. Transactional emails that relate to your account will be delivered as long as you have an account with Transgenderc Heaven. These include but are not limited to emails relating to account setup, maintenance and payment.
By contacting support, either directly through email, through the forums, contact us forms or any other offline or online method, you grant us the right to respond and to contact you regarding the issue.
PAYMENTS, TAXES, AND REFUND POLICY
You agree to pay for all services you purchase through Transgender Heaven, and that we may charge your payment method for all purchases. All service purchases are final.
Prices for services offered may change at any time, no price protection or refunds are offered in the event of a price reduction or discounted offering. If the service becomes unavailable you are entitled to a refund for the period the service was unavailable. Your exclusive and sole remedy to service outages or other complaints about service is a refund for the price paid for the previous month.
From time to time we may run promotions. The promotion or discount codes associated with the promotions have no cash value, and can only be redeemed towards services on Transgender Heaven.
REQUIREMENTS FOR USE
Accounts can only be created by persons older than 18 years old. By creating an account you acknowledge that materials and conversations may be of a mature nature. You understand that by using Transgender Heaven you may encounter material that you may deem to be offensive, inappropriate or objectionable. You agree to use Transgender Heaven at your own risk, and Technology Poet, LLC, Transgender Heaven, our directors, officers, employees, affiliates, volunteers, ambassadors, agents, contractors, interns, suppliers, service providers or licensors, moderators, and authors shall have no liability to you for material you find offensive, indecent, or objectionable.