Our Commitment to You
We Keep Your personal information strictly confidential. We at Transgender Insight, a Christine Charland project, understand and respect that your privacy should always remain strictly within your control. It is because of this philosophy that you can be confident that the information you divulge to TRANSGENDER INSIGHT will not be accessible to people whom you have not authorized to receive it. Nor will it be sold or otherwise distributed to third parties without your consent, other than in accordance with this policy. TRANSGENDER INSIGHT is not a source of unwanted communications. The TRANSGENDER INSIGHT service , whether connected by a registered user or accessed through the TRANSGENDER INSIGHT Website ("Site”) by a non-registered user, allows all users ("Users”) accessibility to this service.
Terms of Service
These are the Services we Provide. Thank you for using TRANSGENDER INSIGHT.IM and the TRANSGENDER INSIGHT app ("TRANSGENDER INSIGHT”). TRANSGENDER INSIGHT is a platform (the "Site” or "App” or "Service”) enabling registered members to share, communicate and acquire informative information connected to the transgender community.
1. Sharing Your Content
What We Mean by "Content”. TRANSGENDER INSIGHT allows you to record your activites, image and surroundings. Anything that you transmit, display, feature or otherwise make available using the Site or App, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content.” You retain all of your rights in all of the User Content you transmit via our Service, so long as those rights do not infringe any third party rights.
We Claim Rights to Use and Share Your Content in Various Ways. You automatically grant us a non-exclusive, royalty- free, transferable, sub-licensable, worldwide license to use, display, reproduce, transmit modify (e.g., re-format, excerpt), re-arrange, and distribute your User Content on TRANSGENDER INSIGHT for the purposes of operating, organizing, promoting, and, providing the Site and App to you and to our other current and prospective Users. These are in addition to any other rights under separate licenses to User Content.
Even Content that is Removed May Continue to Exist in Certain Places. If you or we remove your User Content, TRANSGENDER INSIGHT might retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, TRANSGENDER INSIGHT and other Users might retain and continue to display, reproduce, transmit, modify, re-arrange, and distribute any of your User Content that other Users have transmitted on the Site or App.
Your Responsibility for Your Content:
We Have Established a Code of Conduct to Preserve the Positive Qualities of our Site and App. TRANSGENDER INSIGHT provides a creative, quick and personal way to communicate with your contacts. To preserve this medium for everyone, we must insist that you only use our Site and App in a manner that is consistent with the TRANSGENDER INSIGHT Acceptable Use Policy. We reserve the right, but are not obligated, to remove User Content and to disable a User’s account any reason, including due to User Content that we believe violates these Terms or the TRANSGENDER INSIGHT Acceptable Use Policy. Please — be a good citizen on TRANSGENDER INSIGHT, and always respect our Site, App and its Users.
We Have Established Policies to Protect the Rights of Third Parties. TRANSGENDER INSIGHT values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you transmit on the Site or App does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We may at our discretion remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the TRANSGENDER INSIGHT Acceptable Use Policy. Users are in the best position to know if the materials they transmit are legally allowed. Please be careful when deciding whether to make User Content available on our Service, including whether you can transmit User Content.
What We Mean By Intellectual Property Rights. When we refer to "Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals, and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
2. TRANSGENDER INSIGHT Content
Some Content on TRANSGENDER INSIGHT belongs to our Company and We Retain all Rights to it. Except for User Content, the Site and App themselves, all content and other subject matter included on or within the Site and App, and all Intellectual Property Rights in or related to the Site and App or any such content or other subject matter ("TRANSGENDER INSIGHT Content”) are the property of TRANSGENDER INSIGHT and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the TRANSGENDER INSIGHT Content without our permission.
Your Basic Rights as a TRANSGENDER INSIGHT User. Subject to the terms and conditions of these Terms and our Acceptable Use Policy, we grant you a license to participate in the Site and App, including accessing and viewing TRANSGENDER INSIGHT Content, for your personal, noncommercial use to allow you to engage with others as expressly permitted by the features of the Site and App. TRANSGENDER INSIGHT may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, TRANSGENDER INSIGHT reserves all other rights and no other rights are granted by implication or otherwise.
3. Copyright Policy
TRANSGENDER INSIGHT has adopted and implemented the TRANSGENDER INSIGHT Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
4. Using TRANSGENDER INSIGHT
Who can use TRANSGENDER INSIGHT. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under the age of 13 is strictly prohibited.
We Can Change the Service Anytime Without Notice. Here at TRANSGENDER INSIGHT, we’re always finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Site or App, to you or to Users generally; or create usage limits for the Site or App.
5. Privacy and Security
6. App (Responsive Website Platform)
There are Restrictions on Your use of Our Site and App. To use the App you must have a mobile device that is compatible with the Service. TRANSGENDER INSIGHT does not warrant that the App will be compatible with your mobile device. TRANSGENDER INSIGHT grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one TRANSGENDER INSIGHT account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App or Site make any copies of the App or Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App or Site, features that prevent or restrict use or copying of any content accessible through the App or Site, or features that enforce limitations on use of the App or Site; or (v) delete the copyright and other proprietary rights notices on the App or Site. You acknowledge that TRANSGENDER INSIGHT may from time to time issue upgraded versions of the App or Site, and may automatically electronically upgrade the version of the App or Site that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades.
Any third-party code that may be incorporated in the App or Site is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or Site or any copy thereof, and TRANSGENDER INSIGHT or its third party licensors or suppliers retain all right, title, and interest in and to the App or Site (and any copy of the App or Site). You agree to comply with all United States and foreign laws related to use of the App and the Site. Standard carrier data charges may apply to your use of the App. You may not, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App or Site to any third party or use the App or Site to provide time sharing or similar services for any third party; (iii) make any copies of the App or Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App or Site, features that prevent or restrict use or copying of any content accessible through the App or Site, or features that enforce limitations on use of the App or Site ; or (v) delete the copyright and other proprietary rights notices on the App or Site. You acknowledge that TRANSGENDER INSIGHT may from time to time issue upgraded versions of the App or Site, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the App or Site is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or Site or any copy thereof, and TRANSGENDER INSIGHT or its third party licensors or suppliers retain all right, title, and interest in and to the App and Site (and any copy of the App and site). You agree to comply with all United States and foreign laws related to use of the App and Site and the Service. Standard carrier data charges may apply to your use of the App and Site.
If You Violate our Policies or Infringe on the Rights of Others, You Will be Responsible for All of Our Resulting Losses and Legal Fees. You agree to indemnify and hold harmless TRANSGENDER INSIGHT’s owners and its shareholders, officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Site or App, (ii) your User Content, or (iii) your breach of any of these Terms.
The Only Promise we Make is that You Will Be Engaged and Interested. THE SITE AND APP, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SITE OR APP, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRANSGENDER INSIGHT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TRANSGENDER INSIGHT takes no responsibility and assumes no liability for any User Content that you or any other User or third party distributes on the Site or App. You are solely responsible for your User Content and the consequences of distributing it, and you agree that we are only acting as a passive conduit for your and other Users’ online distribution of your and their User Content. You understand and agree that you may be exposed to User Content that is offensive, intrusive, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
You Cannot Recover from any damages from us under any circumstances. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR APP, TRANSGENDER INSIGHT CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SITE AND APP AT YOUR OWN RISK. YOU AGREE THAT NEITHER TRANSGENDER INSIGHT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SITE, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SITE OR APP, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR APP, USER CONTENT, TRANSGENDER INSIGHT CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRANSGENDER INSIGHT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL TRANSGENDER INSIGHT’S AGGREGATE LIABILITY, OR THAT OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, USER CONTENT OR TRANSGENDER INSIGHT . THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRANSGENDER INSIGHT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. TRANSGENDER INSIGHT makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
10. General Terms
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TRANSGENDER INSIGHT without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TRANSGENDER INSIGHT’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact. Please contact us at Admincontroller2@transgeninsight.com with any questions regarding these Terms.
Headings. The PARAGRAPH HEADINGS in this policy are only meant to help you quickly find paragraphs. They are not legal statements, policy statements or contract terms – they are only labels for reference purposes.
Acceptable Use Policy
TRANSGENDER INSIGHT is a platform (the "Site” or "App” or "Service”) enabling users to record and instantly transmit video messages to their chosen contacts. When using the App, once a video recording begins, the recorded portion will be immediately transmitted to the chosen contact as soon as the recording completes. To preserve the positive experience of all our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.
You agree not to transmit User Content that:
creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
violates, or encourages any conduct that violates laws or regulations;
contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
is fraudulent, false, misleading, or deceptive.
You agree not to engage in any of the following prohibited activities:
Use, display, mirror or frame the Service, any individual element within the Service, the TRANSGENDER INSIGHT name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any TRANSGENDER INSIGHT system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TRANSGENDER INSIGHT or any of our providers or any other third party (including another user) to protect the Service or TRANSGENDER INSIGHT Content;
Attempt to access or search the Service, User Content or TRANSGENDER INSIGHT Content or scrape or download User Content or TRANSGENDER INSIGHT Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TRANSGENDER INSIGHT or other generally available third party web browsers;
use any meta tags or other hidden text or metadata utilizing a TRANSGENDER INSIGHT or TRANSGENDER INSIGHT trademark, logo, URL, or product name without TRANSGENDER INSIGHT’s express written consent;
Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by TRANSGENDER INSIGHT or in any manner not permitted by the Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
TRANSGENDER INSIGHT reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that TRANSGENDER INSIGHT believes violates this Acceptable Use Policy or its Terms of Service. TRANSGENDER INSIGHT may also permanently or temporarily terminate or suspend a User’s access to the Service without notice and liability for any reason, including if, in TRANSGENDER INSIGHT’s sole determination, a User violates any provision of this Acceptable Use Policy, our Terms of Service, or for no reason.
Copyright and Trademark Policies
TRANSGENDER INSIGHT, a service ("TRANSGENDER INSIGHT”) supports and promotes intellectual property rights of others and expects its users to respect such rights. We will record IP addresses of all users transmitting content on the TRANSGENDER INSIGHT website or mobile application (the "Site” or "App”). TRANSGENDER INSIGHT will block transmissions from users who repeatedly infringe or are alleged to have repeatedly infringed the copyrights or other intellectual property rights of others.
Pursuant to the Digital Millennium Copyright Act of 1998, available on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, TRANSGENDER INSIGHT will respond promptly to claims of copyright infringement taking place on the Site or App if those claims are reported to TRANSGENDER INSIGHT’s Designated Copyright Agent, identified below.
If you are a copyright owner, or the owner’s authorized representative or if you have an exclusive licensee to the copyright, please report alleged copyright infringements to us by completing the following DMCA Notice of Alleged Infringement and delivering it to TRANSGENDER INSIGHT’s Designated Copyright Agent. When we receive the notice, we will take whatever action we deem appropriate, which may include removal of the allegedly infringing material from the Site or App.
How to File a DMCA Notice of Alleged Infringement ("Notice”)
Identify the original copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, we will accept a sample list of the original copyrighted works that have been infringed.
Identify (i) the content on the Site or App that you claim is infringing your rights and that you wish to have removed or disabled, and (ii) a reasonable amount of information to allow us to locate the material.
Provide your full legal name, mailing address, telephone number, and email address.
Include both of the following statements in the text of the Notice: (1) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” AND (2) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your electronic or physical signature. Deliver this Notice, with all items completed, to TRANSGENDER INSIGHT’s Designated Copyright Agent:
TRANSGENDER INSIGHT Copyright Agent: Admincontroller2@transgeninsight.com
Copyright Infringement Notification Form
If You Believe Your Transmission was Removed Pursuant to a Copyright Complaint (DMCA) Notification.
TRANSGENDER INSIGHT may remove content for any reason, including due to flagging by other users as inappropriate. A transmission might also be removed due a copyright complaint, meaning the transmission’s content has been deleted from TRANSGENDER INSIGHT at the request of the content’s copyright owner. If a user transmits too much content that receives copyright complaints, that user identification may lose the ability to contribute new content to TRANSGENDER INSIGHT, and may be disabled. At your written request we will provide you with the copyright complaint filed against your content.
If you take the position that your content was removed in error, you may file a counter-notice by following the steps below. When we receive a valid counter-notice, we will send a copy to the party who filed the original complaint. If we do not receive notice within 10 business days that the original complaining party is seeking a court order to prevent further infringement, we will remove the complaint from your user record, and we may choose to replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith notices. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.
How to File a Counter-Notice
Reply to the copyright complaint we send you at your request.
Include ALL of the following:
Your name, address, and telephone number.
DMCA ID shown at the bottom of the notification email.
A copy of the actual content you posted and its image identification (see above instructions) plus the approximate date that you posted this content
A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TRANSGENDER INSIGHT may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
A physical or electronic signature (for example, typing your full name).
TRANSGENDER INSIGHT respects the trademark rights of others. Content that misleads others or violates another’s trademark may be permanently removed. If you are concerned that someone may be infringing your trademark or service mark on our Site or App, please let us know by sending us an email at the address below. TRANSGENDER INSIGHT will review your notice and take whatever action, it deems appropriate, including temporary or permanent removal of the trademark from the TRANSGENDER INSIGHT Site or App.
Transgender Insights (c) 2014. All Rights Reserved.