OutProud logo

black line

Welcome to OutProud Online, owned and produced by OutProud, a California public benefit corporation and a non-profit, 501(c)3 corporation under U.S. law and its subsidiary and affiliate successors, and assigns (collectively referred to as "OutProud").

OutProud Online currently consists of various web pages at or linked to the URLs www.outproud.org, www.queeramerica.com, www.outpath.com, www.transproud.com, www.channelq.com, collectively referred to as "OutProud Online," which may expand or change from time to time).

OutProud Online is the oldest resource for queer youth on the Internet and pioneered outreach to queer youth through America Online and the Internet beginning in 1993. OutProud Online provides resources, information, discussion, referrals and links through a network of web sites targeted at serving the needs of queer and questioning youth.

OutProud makes available a variety of products and services through the OutProud Online (collectively, the "Products and Services") subject to these General Terms and Conditions ("Terms and Conditions"). In addition, there are a variety of special products and services offered through OutProud Online that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the OutProud Online that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. OutProud also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of OutProud Online. In addition, Outproud Online also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Because the Terms and Conditions contain legal obligations, please read them carefully.

Please direct any legal questions to:

General Counsel
OutProud
369 Third Street, Suite B-362
San Rafael, CA 94901-3581

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.

1. Acceptance
2. Conditions and Restrictions on Use
3. Registration and Privacy
4. Responsibility for Minors
5. Parental Controls and Child Safety
6. Member Conduct
7. License to Member Web Pages and Other User Content
8. Disclaimer of Warranties
9. Limitation of Liability
10. Removal of Links
11. Disclaimer Regarding Third Party Content
12. Storage
13. OutProud Communities Guidelines - Chat, Clubs and Message Boards
14. Disclaimer Regarding RichMedia Search and Other Pictures, Movies, Streams and Sounds Located Through OutProud Online Search Services
15. Professional Information Disclaimer
16. Open Directory Disclaimer
17. Advertisers and Content Linked to OutProud Online
18. The OutProud Online Logos and Search Boxes
19. No License; Intellectual Property Rights of OutProud and Others
20. Indemnity and Release
21. Limitation of Action
22. Copyright, Trademark, and Patent Notices
23. Intellectual Property Infringement Claims
24. Arbitration, Governing Law, and Forum for Disputes
25. Changes in Terms and Conditions and Changes in Products and Services
26. Merger
27. Non-Waiver and Separability
28. Relationship of Parties
29. No Resale, Assignment, or Sublicensing
30. Successors and Assigns
31. Termination; Survival
32. Communication with Users
33. Submissions of Ideas
34. Export Controls
35. Violation of Terms and Conditions


1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual OutProud Online web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that OutProud may terminate your access to OutProud Online or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by OutProud. Any such termination shall be in OutProud's sole discretion and may occur without prior notice, or any notice. OutProud further reserves the right to terminate any user's access to OutProud Online or to any of the Products and Services for any conduct that OutProud, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to OutProud or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. OutProud further reserves the right to terminate any user's access to OutProud Online or to any of the Products and Services for any reason or for no reason at all, in OutProud's sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.outproud.org/ or another of the URLs associated with OutProud Online. Be aware that the entirety of OutProud Online is for general audiences and no areas contain adult content.

Where content may be restricted under the laws of any applicable jurisdiction, individuals are not permitted to access such content. There is no content and no services offered by OutProud which require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").

OutProud does not discriminate on the basis of age, gender, gender identity, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various OutProud Online registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OutProud has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OutProud has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All OutProud Online registrations become the exclusive property of OutProud, its affiliates and subsidiaries. OutProud reserves the right to use and reuse all registration and other personally identifiable user information subject to OutProud Online Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in OutProud Online Privacy Policy and at individual OutProud Online sites, if applicable.

Click here to review the complete OutProud Online Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on OutProud Online.

4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF OUTPROUD ONLINE MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.

5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available. For more information on such parental control protections, click here. For more information about protecting children on the Internet, click here. To review our Notice Regarding the Privacy of Children Under 13 While on OutProud Online, click here.

6. MEMBER CONDUCT
In certain areas of OutProud Online, upon registering, you will receive a password and OutProud Online ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify OutProud of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OutProud Online cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement, or otherwise.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not OutProud Online, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. OutProud Online does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OutProud Online be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, OutProud does not pre-screen user or third party Content posted on OutProud Online, except for certain areas where OutProud employs certain automated screening software or a manual review process, although OutProud reserves the right to do so. OutProud does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. OutProud reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by OutProud.

Prohibited Conduct

You agree that you will not use OutProud Online Products and Services to:
  1. Upload, post, email, otherwise transmit or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  2. Upload, post, email, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  3. Upload, post, email, otherwise transmit or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  4. Harm minors in any other way.
  5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
  6. "Stalk" or otherwise harass another.
  7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  8. Impersonate any person or entity, including, but not limited to, a OutProud Online official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  10. Upload, post, email, otherwise transmit or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  12. Upload, post, email, otherwise transmit or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
  13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
  14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or OutProud Online.
  15. Use automated means, including spiders, robots, crawlers, or the like to download data from any OutProud Online database.
  16. Conduct your own contests and promotions.
  17. Upload, post, email, otherwise transmit or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  18. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any OutProud database, including, without limitation, by incorporating data from any OutProud database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  19. Sell, distribute, or make any commercial use of data obtained from any OutProud database or make any other use of data from any OutProud database in a manner which could be expected to offend the person for whom the data is relevant.
  20. Create and maintain a OutProud Online web page as storage for remote loading, or as a door or signpost to another homepage.
  21. Create and maintain a OutProud Online web page that contains hyperlinks to content not permitted on OutProud Online.
  22. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  23. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation OutProud Online Chat hosts.
  24. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  25. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
  26. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  27. Disobey any OutProud Chat hosts or other OutProud employee or representative or interfere with any action by any OutProud Chat host or other OutProud employee or representative to redress any violation of these Terms and Conditions.
  28. Access the Products and Services after your account or access has been terminated by OutProud.
  29. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of OutProud or the party from whom such software may be licensed.
  30. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
  31. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
  32. Upload, post, email or otherwise transmit or post links to any material, or act in any manner, that is offensive to OutProud Online community or the spirit of these Terms and Conditions.
  33. Advertise, offer for sale, or sell any of the following items:
  • Any firearms, explosives, or weapons.
  • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
  • Any alcoholic beverages.
  • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
  • Any items that are indecent or obscene, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
  • Any controlled substances or pharmaceuticals.
  • Any items that are counterfeit or stolen.
  • Any dangerous items.
  • Any goods or services that do not, in fact, exist.
  • Any registered or unregistered securities.
  • Any items that violate or infringe the rights of other parties.
  • Any items that you do not have the legal right to sell.
  • Any items where paying OutProud any of the required transactional or listing fees would cause OutProud to violate any law.

You acknowledge and agree that OutProud Online and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation OutProud and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by OutProud, in its sole discretion. OutProud may also terminate access to, or membership in, OutProud Online, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of OutProud Online, including without limitation information in Chat, Message Boards, databases, and in all other parts of OutProud Online Products and Services.

You expressly acknowledge and agree that OutProud Online may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of OutProud, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by OutProud with regard to its users may be disclosed in accordance with OutProud's Privacy Policy.

OutProud also may suspend or terminate any user account for any Product or Service because of user inactivity or for any other reason whatsoever. For example, a OutProud Forum account may be terminated or suspended if a user fails to sign-in to the OutProud Foru for an extended period of time. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

7. LICENSE TO USER CONTENT
By submitting content, of any type, to any service on OutProud Online, you grant OutProud a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such content, for unlimited purposes, as OutProud shall deem appropriate. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend in perpetuity, with no limitations nor restrictions.

8. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OUTPROUD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, OutProud DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. OUTPROUD SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUTPROUD DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. OutProud DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. OutProud DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. OUTPROUD MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY OUTPROUD.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUTPROUD BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF OutProud HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, OUTPROUD ONLINE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT STORED THROUGH OUTPROUD ONLINE. UNDER NO CIRCUMSTANCES SHALL OUTPROUD BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

10. REMOVAL OF LINKS
OutProud Online occasionally receives requests from people to remove links from OutProud Online search services. Although OutProud Online reserves the right to address such requests individually, the general approach that OutProud Online takes reflects the following principles: The catalogs and databases used in connection with OutProud Online search services consist of information that has been identified, indexed and compiled through an automated process which may or may not include advance review by human beings. Given the volume of information added, deleted, and changed on a frequent basis, OutProud Online may not screen anything made available through OutProud Online search services' catalogs and databases. In other instances, OutProud Online makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in OutProud Online are compiled by third parties through automated processes. For each web site reflected in OutProud Online search services' catalogs and databases, the operator of the site must take steps to prevent inclusion, at their initiative and discretion.

11. DISCLAIMER REGARDING THIRD PARTY CONTENT
OutProud Online offers access to numerous third party web pages and content available over the Internet. In the overwhelming majority of instances, including, but not limited to, sites displayed as search results or contained within a directory of links, OutProud has no control whatsoever over the content of such sites. In other instances, including, but not limited to, content hosted on OutProud Online or provided to OutProud Online by third parties, OutProud may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through OutProud Online from such sources is developed by people over whom OutProud Online exercises no control. The search results that appear from the catalogs indexed by OutProud Online's spiders or web robots are automated, and OutProud Online cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by OutProud Online are posted by third parties, and, with the exception of certain automated screening functions, OutProud may not screen such content before it is made accessible to other users of OutProud Online. Accordingly, OutProud Online assumes no responsibility for the content of any site included in any search results or otherwise linked to OutProud Online web sites or in any web page hosted for a third party within OutProud Online. In instances where OutProud Online does review the sites that are displayed in directories, indices, and/or references, or where OutProud Online makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed by third parties, and review of such sites by OutProud, if any, is narrowly limited to that which is necessary for compiling the particular set of link.

12. STORAGE
Many features of OutProud Online store information on behalf of users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings. OutProud reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials without prior notification.

13. OUTPROUD COMMUNITIES GUIDELINES - CHAT AND FORUMS
Users of OutProud Communities, which includes all OutProud Online chat rooms and forums, are expected to adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described above. Any user failing to comply with these Terms and Conditions may be expelled from a chat room or forum by an OutProud moderator or host, and OutProud may terminate or restrict such user's OutProud Online accounts. In addition, OutProud may remove any Content that violates these Terms and Conditions or is otherwise objectionable, in OutProud's sole discretion. No child under the age of 13 may participate in OutProud Communities, including all chat rooms and forums offered throughout OutProud Online.

Please read all the Prohibited Conduct Conduct described above before using the OutProud Communities' services, and keep in mind the following when using the OutProud Communities' services:
  • All information you submit in registering must be true, accurate, current, and complete (apart from optional items).
  • Do not upload, post, email, otherwise transmit or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Do not stalk or otherwise harass other users.
  • Do not upload, post, email, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Do not upload, post, email, otherwise transmit or post links to any Content that exploits the images of youth under 18 years of age, or that discloses personally identifying information belonging to children under 13 years of age.
  • Do not impersonate any person or entity, including, but not limited to, a OutProud Online official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Do not disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  • Do not disobey any OutProud Chat hosts, moderators, or other OutProud employee or representative or interfere with any action by any OutProud Chat host or other OutProud employee or representative to redress any violation of these Terms and Conditions.
  • Do not access any OutProud Communities' service after your account or access has been terminated by OutProud.
  • Do not upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  • Do not interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation OutProud Online Chat hosts.
Violations of these Terms and Conditions in connection with the use of OutProud Communities should be reported to: abuse@outproud.org

Please read the entire Terms and Conditions as all OutProud Online properties, Products and Services are subject to these Terms and Conditions.

14. DISCLAIMER REGARDING PICTURES, MOVIES, STREAMS AND SOUNDS ON OUTPROUD ONLINE
Pictures, movies, streams, and sounds (the "Media Content") located throughout OutProud Online are protected by copyright and/or other intellectual property laws. OutProud does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Media Content. Where search results link to sites outside OutProud Online, all of the Media Content contained on such sites is owned and served by entities other than the OutProud. OutProud Online provides you with the URL or address of the Media Content; this information may be used to determine the server of the Media Content. If you intend to make use of any Media Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Media Content for permission to use the Media Content, because to do otherwise is most likely a violation of intellectual property laws.

15. PROFESSIONAL INFORMATION DISCLAIMER
OutProud Online makes available certain information provided by third parties related to various professional fields such as medicine, psychology and education. OutProud Online does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through OutProud Online is made available subject to the OutProud Online Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.

OUTPROUD ONLINE STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

16. QUEERAMERICA DIRECTORY DISCLAIMER
OutProud Online makes available certain content through the QueerAmerica Directory. The underlying content of the directory is created entirely by other parties and is solely the responsibility of such other parties. Consequently, OutProud cannot, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically OutProud may attempt to verify the accuracy of information in QueerAmerica, neither OutProud Online nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in the links or any information in QueerAmerica. In addition, OutProud Online has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. OutProud Online has NO responsibility for such content; rather, it is merely providing access to such content as a service to you.

Just as when you purchase a product or service in any setting, you should exercise appropriate discretion, good judgment and caution in accessing content on QueerAmerica and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through QueerAmerica is subject to your agreement to these Terms and Conditions. If you proceed to use QueerAmerica, you thereby agree to be bound by these Terms and Conditions. The disclaimer of warranties and limitation of liability set forth in capitalized letters above apply to QueerAmerica.

17. ADVERTISERS AND CONTENT LINKED TO OUTPROUD ONLINE
OutProud may provide, or third parties may provide, links to other sites or resources located on the World Wide Web. OutProud has no control over such sites and resources. You acknowledge and agree that OutProud is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OutProud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through OutProud Online Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OutProud shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

OutProud encourages you to exercise discretion while using the Products and Services to browse the Internet. OutProud may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. OutProud makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to OutProud Online web sites. OutProud shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in OutProud Online' search results or otherwise linked to OutProud Online web sites or provided to OutProud Online by third parties.

18. OUTPROUD ONLINE LOGOS AND SEARCH BOXES
OutProud Online offers a non-assignable, non-transferable, and non-exclusive license to link to OutProud Online's web sites, using OutProud Online logos and search boxes, subject to the following provisions. The OutProud Online logos and search boxes may be placed on a Web site for the sole purpose of creating a link to OutProud Online and allowing users of your site to access the Products and Services on OutProud Online. The OutProud Online logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by OutProud Online. The OutProud Online logos and search boxes may only be used in accordance with the instructions found at the http://www.outproud.org/linktooutproud.html link and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The OutProud Online logos and search boxes may not be altered in any manner. The OutProud Online logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The OutProud Online logos and search boxes may not be used to disparage OutProud Online, its products or services, or in a manner which, in OutProud's reasonable judgment, may diminish or otherwise damage OutProud's good will in OutProud Online logos. By using any such OutProud Online logo or search box, you acknowledge that OutProud Online has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of OutProud Online. If you use OutProud Online logos or search boxes, you must include appropriate attribution, for example: "OutProud™ is a registered trademark of OutProud." OutProud may terminate this license at any time and for any reason or for no reason, without any notice. OutProud reserves the right to revoke this license or to alter its terms from time to time, without any notice. OutProud reserves the right to take action against any use that does not conform to these provisions.

19. NO LICENSE; INTELLECTUAL PROPERTY OF OUTPROUD AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of OutProud Online's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate OutProud Online and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of OutProud and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by OutProud in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by OutProud, any of OutProud' affiliates, or any of OutProud' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through OutProud Online of any purpose other than the purpose for which such Content is made available to users by OutProud. You agree not to defame or disparage OutProud, the trademarks or service marks of OutProud, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or OutProud Online.

20. INDEMNITY AND RELEASE
By using OutProud Online web sites you agree to indemnify OutProud, Inc. and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of OutProud Online web sites, your use of the Products and Services, or your submission of ideas and/or related materials to OutProud or from any person's use of any account or password you maintain with any portion of OutProud Online, regardless of whether such use is authorized by you. By using OutProud Online, using the Products and Services, or submitting any ideas and/or related materials to OutProud, you are hereby agreeing to release OutProud and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to OutProud. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

21. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of OutProud Online or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

22. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
QueerAmerica Directory © Copyright 1995-2005 OutProud. All rights reserved.
Outpath Coming-out Archives © Copyright 1995-2005 OutProud. All rights reserved.
Community Role Models Archive © Copyright 1995-2005 OutProud. All rights reserved.
OutProud Bookshelf © Copyright 1995-2005 OutProud. All rights reserved.
OutProud™, Channel Q™, Outpath™, QueerAmerica™ and Lambda Youth Network™ are trademarks of OutProud.

All other marks that appear throughout the Products and Services belong to OutProud, members of OutProud Online, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of OutProud or the owner of the mark, as appropriate, is strictly prohibited.

23. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of OutProud Online to respond expeditiously to claims of intellectual property infringement. OutProud will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, OutProud Online will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. OutProud Online will terminate access for subscribers and account holders who are repeat infringers.

24. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California, County of San Francisco, applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.

25. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
OutProud Online reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The OutProud Online reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

26. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between OutProud's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual OutProud Online web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

27. NON-WAIVER AND SEPARABILITY
OutProud's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.

28. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and OutProud are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

29. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of OutProud.

30. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

31. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by OutProud. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

32. COMMUNICATIONS WITH USERS
OutProud reserves the right to communicate with you regarding your use of the Products and Services.

33. SUBMISSIONS OF IDEAS
The OutProud Online is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to OutProud Online, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO OUTPROUD BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO OutProud, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO OUTPROUD THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT OUTPROUD IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY OUTPROUD, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

34. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through OutProud Online is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department o f Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

35. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of OutProud and OutProud Online, OutProud reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of OutProud Online web sites.

If you are aware of any violations of these Terms and Conditions, please report them to: abuse@outproud.org

We hope your enjoyment of OutProud's Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the OutProud community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

Last updated September 8, 2024


Black line
© Copyright 1995-2005 OutProud. Outpath™, QueerAmerica™ and TransProud™ are trademarks and OutProud® is a registered trademark of OutProud. Use subject to Terms of Service. Our Privacy Policy protects you. OutProud logo