TrevorSpace: Terms and Conditions of Use
Please read these Terms carefully before you use the Website. BY USING OR ATTEMPTING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS SET FORTH BELOW AND CERTIFY THAT:
- you are between 13 and 24 years old, and the date of birth you have provided is accurate,
- you are not a registered sex offender, and
- you are not a person barred from using the site under the laws of the United States or other applicable jurisdiction.
IF YOU DO NOT MEET THESE REQUIREMENTS, OR, IF FOR ANY REASON YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.
These Terms govern (i) your use of the Website; (ii) your provision of information in connection with using the Website (“User Content"); and (iii) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by The Trevor Project and made available to you through the Website (“TrevorSpace Content”).
These Terms impose legal obligations on you and us, so please read them carefully. By using this Website, you are acknowledging that you have read and understood these Terms, and agree to be legally bound by them. We reserve the right to modify these Terms at any time. You should check these Terms periodically for changes. We will not "retroactively" change these Terms unless required by law, and any modifications we make will take effect proactively, once you next access the Website. By using the Website after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use the Website.
These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including, but not limited to, any indemnification obligations, warranties, and limitations of liability.
Scope of Terms and Conditions
These Terms apply to your use of the Website. These Terms do not apply to your use of unaffiliated websites to which the Website links.
Obtaining and Using a Password
If you register to use the Website and have a valid password, you will be authorized to access the password-protected areas of the Website. You must keep in mind that we will treat anyone who uses your username and password as you. We will provide anyone who uses your username and password with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of anyone using your username and password. We therefore recommend that you keep your username and password confidential, and that you do not disclose this information to anyone or share this information with anyone, especially anyone who might "pretend" to be you with respect to the Website. We also ask that you notify us immediately if you suspect that someone is using your username and/or password without your permission or in any other inappropriate manner.
Your profile must be an accurate, factual, and appropriate representation of yourself as it pertains to your date of birth and country of residence. You may use a pseudonym (fake name) and create your own persona, but you may not not impersonate any other person or entity or otherwise do this with the intention of misleading others.
Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set forth below. Under this Code of Conduct, you agree that you will not do any of the following things, nor permit anyone else to do them, indirectly or directly:
create duplicate accounts to circumvent site functionality or policy, or create an account for anyone other than yourself;
use language that may be considered homophobic, transphobic, racist, sexist, bi-phobic, fat phobic, insults or excessive profanity, sexually explicit, or any other form of hate speech;
upload, post, email, transmit or otherwise make available images or other User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable and not youth-friendly;
submit information that includes non-public personal or identifying information about another person, or otherwise disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, including phone numbers or usernames for other social media networking platforms, or other materials that reveal personal, private or sensitive information about another person, without that person’s explicit consent;
upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or depicts any unlawful conduct;
restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
access or attempt to access parts of the Site for which you are not authorized by us, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by us;
modify any software for the Site in any manner or form, nor use modified versions of Site software, including, without limitation, for the purpose of obtaining unauthorized access to the Site;
use the Site or materials for any unlawful purpose;
express or imply that any statements you make are endorsed by us, without our prior written consent;
impersonate a person other than yourself, including any employee or representative of The Trevor Project, or any entity, or otherwise intentionally mislead others;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
transmit or submit (a) any content or information that is intentionally false, unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar, unlawfully threatening or unlawfully harassing, or otherwise objectionable; or (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet), and are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be sent via the Site without the copyright owner's permission or without a legitimate "fair use" justification for sending them;
use the Site to harm any person or entity in any way;
use the Site in a manner that could disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, such as by engaging in “spamming” or “flooding”;
transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, cancelbots, or other items of a destructive nature or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
modify, adapt, sublicense, translate, sell, test, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or otherwise take actions to find limitations, vulnerabilities or to evade filtering capabilities;
remove any copyright, trademark or other proprietary rights notices contained on the Site;
“frame” or “mirror” any part of the Site;
“stalk” or otherwise harass another user, or contact another user after receiving a request from that user requesting or demanding that you cease contacting them;
use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent;
harvest or collect information about Site visitors or members without their express consent;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third-party providers’) infrastructure;
share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if you are not the original recipient of such passcode or password;
seek to obtain access to any materials or information through "hacking", "data harvesting" or through other means we have not intentionally made available to you through the Site;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
use the Site for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Site to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Fiduciaries; Monitoring; Revocation and Suspension of Use Privileges; Account Deletion
Fiduciaries and Legal Representatives. We are committed to maintaining the privacy of the TrevorSpace community. By using the Website, you acknowledge and agree that we may refuse to provide information relating to your use of the Site or your User Content to anyone asking on your behalf, including a fiduciary or legal representative.
If your account is terminated, suspended, or deleted, we are not obligated to provide you with access to any information about you that was on the site at the time of termination including, but not limited to, information from your profile, a list of your friends, posts, photos, or messages.
Ownership and Restrictions on Use
Some of the materials and contents of the Site are protected by copyright and trademark laws, and are the proprietary property of The Trevor Project. Unless we say otherwise, you may access the materials located within the website only for your personal use. This means you may download copies of posted materials only for personal, noncommercial use, so long as you do not change or delete any author attribution, trademark, legend, or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material. The Trevor Project and our licensors retain all rights with respect to the Website and TrevorSpace Content except those expressly granted to you in these Terms.
You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, publish, display, transmit, distribute, adapt, use or in any way exploit the Website, or TrevorSpace Content without our prior express written consent. Requests for permission to use the materials contained on this website for any other purpose should be directed in writing to The Trevor Project, P.O. Box 69232, Los Angeles, CA 90069. We have no obligation to grant permission to use these materials, and if you do not hear back from us, you should assume that permission has not been granted.
We do not claim that we have copyright rights in materials, formats, or styles that originated from outside sources when it can be conclusively demonstrated or apparent that the copyright was originated by some other person, corporation, or entity. The names “TrevorSpace” and “The Trevor Project” and all associated names, logos, and associated designs, and those of any affiliated organization, are registered or common law trademarks or service marks owned by The Trevor Project. These names, logos, and designs may not be used in any manner inconsistent with The Trevor Project's ownership rights. Third-party trademarks found on our websites are the property of their respective owners. Any other techniques, business information, technical information, specifications, and other "intellectual property" that may be found on or disclosed within our websites are for informational purposes only and may not be sold or distributed for commercial gain.
These Terms apply only to the Website, and not to the websites of any other companies or organizations, including those to which the Website may link (“Linked Sites”). Although we may provide Linked Sites as a matter of convenience for our users, we have no control over these Linked Sites, and we do not necessarily share their viewpoints and cannot guarantee the accuracy or authenticity of the information within those websites. We are not responsible for the availability of these Linked Sites. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any Linked Sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any privacy, intellectual property, or other policy of a Linked Site, or for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any Linked Site. You should direct any concerns to that website's administrator or webmaster. We reserve the right, however, to rescind any permission granted by us, and to require termination of linking to the website, at our discretion at any time.
We disclaim (i) all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
We do not warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, that the website or the server that makes them available are free of viruses or other harmful components, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. The Trevor Project will not be liable for any damages or injury resulting from users' access to or inability to access this Website or from reliance on any information at this Website.
In addition, we reserve the right to interrupt, discontinue, or disable access to any or all of the functionality of this Website or to change its content at any time without prior notice, but we do not assume any responsibility to update it.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
There are inherent security risks with joining online communities. In an effort to protect your Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, to maintain data accuracy, and to ensure the correct use of information, we have put in place reasonable and appropriate technical, administrative, and organizational safeguards. As a result, although we strive to protect your Personal Information, we cannot and do not ensure or warrant the security of the Personal Information against any possible loss or unauthorized access.
Limitation of Liability
Under no circumstances, including, but not limited to, breach of contract, tort, or negligence, will we be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages that result from, arise out of, or relate to your use of, or the inability to use, the Website or materials on the Website, even if advised of the possibility of these damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including, but not limited to, lost data), so the above limitation or exclusion may not apply to you.
No Professional Advice
The information contained in or made available through the Website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical or legal matters. Any information posted on the Website should be considered general information only. We do not assume any liability for any direct, indirect, consequential, special, exemplary, or other damages that may result from your use of the Website, including, but not limited to, economic loss, injury, illness, or death.
You agree to defend, indemnify and hold harmless The Trevor Project, and our subsidiaries, affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from: (i) any breach by you of any of these Terms, (ii) your content and materials, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party’s rights by materials created by us and used by you without modification and as permitted under these Terms) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
We control and operate the Website from our offices in the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or TrevorSpace exclusively in state or federal court in New York, New York, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If any term or condition within these Terms is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. When we use the word “including” or “includes,” we mean non-exclusively, as in “including, but not limited to” or “includes, but not limited to.” These Terms constitute the entire agreement between you and us relating to the subject matter it contains, and it may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Website by users or third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials to remain on the Website that are known by us to infringe another party's copyright.
If you believe any materials on the Website infringe upon a copyright, you should provide us with written notice that contains, at a minimum:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
The Trevor Project
P.O. Box 69232
Los Angeles, CA 90069
It is our policy to terminate relationships with parties who repeatedly infringe the copyrights of others.
We may provide you with notices, including those regarding breaches of security, by email, regular mail, or postings on the Site. All notices from you to The Trevor Project must be sent to The Trevor Project, P.O. Box 69232, Los Angeles, CA 90069, and these notices will be deemed received the next day if sent via email, overnight mail, or courier, or three (3) days after deposited in the mail if sent by certified or registered mail.
These Terms are not assignable by you, either in whole or in part. We reserve the right to assign its rights and obligations under these Terms.
The following provisions will survive the termination of these Terms and will apply indefinitely: Ownership and Restrictions on Use; Content; Disclaimers; Limitation of Liability; Indemnity; Assignment; Miscellaneous; Survival; and any other rights and obligations under these Terms, which, by their nature, should survive after termination or expiration.
If you have any questions or complaints about these Terms, the practices of the Website, or your dealings with the Trevor Project, please contact us at:
The Trevor Project
P.O. Box 69232
Los Angeles, CA 90069
The effective date of these Terms is May 29, 2020.