Last Updated: October 8, 2014
1. LGBTQ! Account Registration:
When creating an account to access and use the Service, you agree to the following: (1) you will not create an account for anyone other than yourself without permission; (2) you will not impersonate any person not you by entering that person’s name within the profile name field, or by entering a variation of a user profile name associated with that person in the user profile name field, or by any other means; (3) you will not create more than one personal account; (4) if LGBTQ!Chat disables, or otherwise terminates, your account, you will not create another account without LGBTQ!Chat’s express written consent; (5) you will not use your account for commercial gain, or for any advertising purposes unless expressly authorized by LGBTQ!Chat in writing; (6) you will not create an account, access, or otherwise use the Service if you are a convicted sex offender; (7) you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; (8) you will not transfer your account to anyone without first getting LGBTQ!Chat’s express written permission; and (9) you consent to LGBTQ!Chat removing or reclaiming your profile name if LGBTQ! believes it is appropriate (such as when a trademark owner complains about a profile name that does not closely relate to a user’s actual name).
By registering, accessing, or otherwise using the Service, you agree that you are solely responsible for the activity that occurs on your account, and that you must keep your account password secure. If you lose a device containing your username and password, such as a laptop, desktop, or smartphone, or if such a device is stolen, it is up to you to take all the steps necessary to protect yourself. YOU AGREE THAT LGBTQ!CHAT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
2. Code of Conduct:
The Service strives to be an open, supportive, and understanding community dedicated to serving the LGBTQ community. In order to maintain open, supportive interaction, you as a User agree to adhere to the following, which together constitute LGBTQ!’s Code of Conduct:
- You will not bully, intimidate, or harass any User, or any other third party, on or through the Service.
- You will not engage in personal attacks, or otherwise post content that is hateful, violent, or victimizes, degrades or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age. You are prohibited from posting anything that includes racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia. LGBTQ! has full authority and discretion to determine whether content falls into one of these prohibited categories.
- You will not post anything that is pornographic, obscene, or contains nudity.
- You will not use the Service as a dating service or a forum to procure sex. For example, you will not use the Service to engage in cyber-sex or so-called sexting with other Users or to solicit another User to participate in cyber-sex or so-called sexting on or through the Service.
- You will not stalk other Users of the Service by using information obtained on or through the Service, or otherwise use information obtained on or through the Service to contact other Users without their permission.
- You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
- You will not post content that infringes or violates someone else’s rights or otherwise violates the law.
- You will not engage in any activity that is harmful to LGBTQ!Chat, or to its advertisers, affiliates, or vendors.
- You will not impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- You will not facilitate or encourage any violations of this Code of Conduct.
If you have knowledge that another User is violating LGBTQ!’s Code of Conduct, please send an email to
3. Service Integrity and Security:
In order to protect the integrity and security of the Service, you acknowledge and agree that when you access or otherwise use the Service you are prohibited from:
- Posting unauthorized commercial communications (such as spam or advertisements) on or through the Service.
- Soliciting login information or accessing an account belonging to another User.
- Uploading viruses or other malicious code to the Service.
- Collecting Users’ content or information, or otherwise accessing the Service through the use of automated means (such as harvesting bots, robots, spiders, or scrapers) without LGBTQ!Chat’s prior written consent.
- Engaging in conduct that could disable, overburden, or impair the proper working or appearance of the Service, such as a denial of service attack.
- Posting anyone’s personal information (including but not limited to anyone’s date of birth, driver’s license information, passport information, social security number, postal address, telephone number, e-mail address, etc.) or sensitive financial information on or through the Service.
4. User-Posted Content:
However, you understand and agree that:
- LGBTQ!Chat takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts on the Service. You will be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that LGBTQ! is only acting as a passive conduit for your online distribution and publication of your User Content.
- You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise incompatible with your views and opinions, and you agree that LGBTQ!Chat will not be liable for any damages you allege to incur as a result of User Content you encounter on the Service.
Please be aware that User Content you disclose on the Service may be available to other Users, so you should be mindful of personally identifiable information (e.g., name, address, phone number, social security number, birthday, etc) and sensitive User Content you may wish to post. LGBTQ!CHAT IS NOT RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM YOUR POSTING, UPLOADING, TRASMITING, SENDING, OR OTHERWISE MAKING AVAILABLE CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH YOUR USE OF THE SERVICE.
The Service allows for the creation of groups that may be created, maintained, and moderated by Users. You agree that if you create a group, whether it is a public, private, or hidden group, that activities in the group and requirements for admittance into the group will not violate the letter or spirit of the LGBTQ! Code of Conduct. Further, you understand that while group administrators and moderators may create internal criteria, rules, policies, and other governing documents (“Group Rules”) for the group, the Group Rules may not circumvent, contradict, disregard, or otherwise be inconsistent with the LGBTQ! Code of Conduct.
You may voluntarily discontinue your participation in and access to the Service at any time.
7. Intellectual Property:
You will not use LGBTQ!Chat’s copyrights or trademarks (including LGBTQ!, the LGBTQ! logo, and LGBTQ!Chat), or any confusingly similar marks, except as expressly authorized by LGBTQ!Chat in writing.
If you believe a User is infringing on your Intellectual Property Rights, please direct your infringement notices to
Furthermore, by providing LGBTQ!Chat with your email address, you consent to LGBTQ!Chat using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. LGBTQ!Chat may also use your email address to send you other messages, such as changes to features of the Service. If you do not want to receive such email messages, you may opt out by sending an email to email@example.com. Opting out may prevent you from receiving email messages regarding updates and improvements.
11. No Warranty:
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LGBTQ! AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
LGBTQ! DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LGBTQ! SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LGBTQ! WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LGBTQ!, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL LGBTQ! BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGBTQ! ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF LGBTQ!’S SERVICE; (III) UNAUTHORIZED ACCESS TO OR USE OF LGBTQ!’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH LGBTQ!’S SERVICE BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LGBTQ!, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100 DOLLARS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LGBTQ! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.