Terms of Service

1. MEMBERSHIP AND PROFILES

1.1. USE OF THIS SITE

You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

By having a site profile or by using this site you are agreeing to the Terms and Conditions.

1.2. MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify this site of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. This site cannot and will not be liable for any loss or damage arising from your failure to comply.

1.3. MEMBER RESPECT, HARASSMENT AND BULLYING

Mutual respect for all members, by every member is expected as normal behaviour. Harassment and offensive behaviour towards any member either directly or indirectly in private or public areas on the site will lead to sanctions, by the site moderators, and will include warnings, temporary banning, membership restrictions or even permanent exclusion from the site. Respect also extends beyond the site and harassment, bullying or offensive behaviour conducted on other sites towards members of this site will also result in actions and sanctions taking place.

Harassment and Bullying can take many forms which include but are not limited to:

- making offensive remarks about a member that are likely to cause serious offence to either the member or other members
- personal insults (those which are not said or taken in jest) which are not withdrawn and/or there is no apology given in a timely manner
- being negative and ‘putting down’ members on their thoughts, beliefs, appearance
- repeated contact either in private or public areas after making offensive remarks and/or putting down other members

Offensive language (i.e. swearing) is only tolerated provided it does not form a part of disrespect, harassment or bullying towards another member or members.

1.4. SANCTIONS FOR HARASSMENT AND BULLYING, AND NO RESPECT FOR OTHER MEMBERS

When harassment, bullying or lack of respect for other members takes place the following sanctions can be imposed by the moderators of the site, if any of the following actions take place.

(i) Warnings to members.
Will be issued with Terms of Service are not followed, for example when adult photos are posted as a profile image by mistake, when offensive posts and/or bullying takes place - the moderators decision is final as often action has to be taken quickly by removing the offensive comments or photos from the main page.

(ii) Time outs and/or restricted profiles
Time outs mean a short ban from the site of 24-72 hours, during which time they may be able to log on and read the site, but are unable to make posts or comments.

(iii) Permanent Bans
This will only be used for spammers and for those few people who after warnings and time outs will not behave in such a way which complies with the site's values. Any permanent ban of an individual will be discussed by two (2) moderators, site management, and after examining all the evidence.

1.5. MEMBER CONDUCT ON INFORMATION, DATA AND MEDIA CONSUMPTION

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and 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 the site are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. The site does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will this site be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

1.6. PROFILE PICTURES

These are the pictures for your profile image that represent you on the site, and are often shown against content you add to the site. The following guidelines must be followed.

- they must meet our definition of a ‘General’ image rating, and must NOT be of an ‘Adult’ definition.
- all photos must be of YOU and comply with UK and International copyright laws.
- facial blur is acceptable.

Images and photos that are rated incorrectly may result in some or all of your images being removed without warning, your profile may be removed, warnings/time-outs being issued, or legal action may be taken as appropriate.

1.7. PHOTO, VIDEO AND CONTENT RATINGS

We operate a moderated feed, and as such content must be flagged appropriately where the option is available to ensure members with a moderate feed activated avoid such content as much as possible.

Ratings are available in Photo Albums and Videos, but also other areas of the site. When you upload content you must provide a the correct rating.

The site is of an adult nature, and as such adult themes will be shown. Even ‘General’ will contain ‘Adult’ themes that may cause offence to some members, however, we define content as the following.

General - images that do not of an explicit adult nature (i.e. does not have any body part visible of the following: penis, testicles, breast nipples, anus, vagina – these must be fully covered in non-transparent garments or obscured, in addition, sexual intercourse should not depicted)
Adult – images that fall outside the General nature, or depict other adult non-sexual themes e.g. violence, or would be found grossly offensive by the majority of people.

OTHER NON-PERMITTED CONTENT: In addition images/videos/content that show illegal activity, images of children (with or without consent) are not permitted on the site.

Images and photos that are rated incorrectly or are not permitted may result in some or all of your images being removed without warning, your profile may be removed, warnings/time-outs being issued, or legal action may be taken as appropriate.

1.8. GROUPS AND EVENT OWNERSHIP

The ownership of Groups or Events means that the creators, and subsequent Owners and Officers are responsible for the content held within them. Transtastic.com is not liable for the content or behaviour within the groups or events. Intervention in groups and events will be considered by Transtastic.com only after the group or event owner has been contacted, and 21 days has elapsed since first contact with the group or event owner has been undertaken.

Creators, Owners and Officers have a duty of care to ensure that group and event title images comply with the site Profile Image rules (i.e. non adult). Care should also be taken of the naming and description text.

1.9. TERMINATION

You agree that the site in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the site believes that you have violated or acted inconsistently with the letter or spirit of the site. The site may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this site may be effected without prior notice, and acknowledge and agree that the site may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the site shall not be liable to you or any third-party for any termination of your access to the Service.

2. ON-LINE TRADING WITH THE SITE

2.1. TERMS AND CONDITIONS OF USAGE TRADE

It is a term and condition of a user accessing and reading this web site provides the material published on this site on the basis that it disclaims all warranties in respect of the same whether express or implied. Your statutory rights as a consumer are not affected.

2.2. TRADING AGE OF CONSENT

By using and placing and order at this site, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not legally entitled to order certain goods, we will not be obliged to complete the order.

2.3. CONTRACT FORMATION

All orders made by you through this site are subject to acceptance and availability. We may choose not to accept your order for any reason.

Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice.

For the avoidance of doubt, no contract will exist between you and this site for the sale by this site to you of any product unless and until this site sends you an e-mail confirming that it has dispatched your product or service.
This does not affect your statutory rights in relation to the goods and their fitness for purpose and satisfactory quality.

3. GENERAL

3.1. INDEMNITY

You agree to indemnify and hold the site and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the site, or your violation of any rights of another.

3.2. EXTERNAL WEB SITES

The site is not responsible for the content of external Web sites linked from this site.

3.3. AMENDMENTS TO TERMS, MISSION, SITE AIMS

This site reserves the right to amend all terms, mission and site aims from time to time.

3.4 SITE COPYRIGHT

Any material found within the pages of this site, including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.

3.5 CONTENT AND UPLOADS

Any material you upload to the site as member you are permitting the site to use it as content on the site or other affiliated sites for any purpose. You remain the copyright owner but you agree to allow the site to use the material without additional notification.

3.6. MODIFICATIONS TO SERVICE

The site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

3.7. JURISDICTION

These Terms and Conditions are governed by the laws of England and Wales.

CHANGE LOG:
2 Feb 2011 – Initial terms defined.
12 Dec 2011 – Trading terms amended to enable online shopping.
4 Mar 2012 – Included usage of members content for usage by the site without notification.
14 Aug 2012 – Added additional harassment and bullying section with sanctions of time-outs/warnings.
4 Jan 2013 – Clearer definition of Adult and General Rating and extended to ‘Content’ not images.
7 Jun 2013 – Included section about Groups and Events being the ownership and content of the Group or Event owner, and their officers (in respect of groups).