Terms of Use | Radical Queer Scholar

Terms of Use and Conduct

Welcome to Radical Queer Scholar’s Terms of Use! We are truly excited to have you aboard. Thank you for joining us!

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at radicalqueerscholar@gmail.com.

1. Community Standards and Guidelines

It is required that all members have read and adhere to the rules here. Any questions or concerns can be brought to the attention of the creator and/or the moderator(s).

1.1. General Rules

Don't be an asshole.
No flaming, hate speech, attacks, or discrimination will be tolerated in comments or approved posts. Members are protected against discrimination of the following, but not limited to: race, culture, age, gender, sex, gender expression, gender identity, mental health, physical health, emotional health, financial ability, physical ability, mental ability, and religion/spirituality.
Any members who break the previous rule named may receive one warning, dependent on severity, from a moderator. Repetition of the act, dependent on severity, will result in a private discussion with a moderator. Further repeats of the act will result in expulsion from the website/blog.
Please refrain from behaviors of elitism - where elitism is defined as: the advocacy or existence of an elite as a dominating element in a system or society. This applies in the instance where a member might deem themselves "better" than others due to skill or experience. Members come from all walks of life and therefore bear a variety of skills and experience. We should do our best to remain open-minded and patient! Support each other!
While this does not hold itself as a steadfast rule, it would be greatly appreciated if members did their best to keep commentary relevant to the post or article they are located in. Of course, this "rule" lends itself to a massive grey area and remains currently negligible until our numbers are larger.
Members must be at least 16 years of age.
Members are not permitted to harass any individual of the Mod Team or the Mod Team as a whole when executive decisions have been made.
This is a Safe(r) Space. Should a member cause harm to another member via: any of the Zero Tolerance (see: section 1.2) items, excessively breaching Trigger Warnings - whether this be through usage of mental manipulation (ex. gaslighting, blackmail, etc), and/or via usage of physical harm, blatantly, or repeatedly – it will not be tolerated.
Do not assume any member's: gender, sex, sexuality or orientation, age, race/nationality, mental ability, physical ability, or financial status.
The right to change, add, or remove Community Guidelines (rules) is reserved and may occur without notice or announcement.
Enjoy! ♥

1.2. Zero Tolerance

There is a Zero Tolerance for any of the following: homophobia, queerphobia, acephobia, transphobia, non-binary erasure, sexism, misogyny, racism, white supremacy, fatphobia, classism, ableism, cissexism, ageism, SWERFism, TERFism, anti-sex work, slut shaming. Noting that while any of the previously listed is not acceptable in any explicit or blatant form, unintentional forms of it will also not be tolerated - however, education and a warning will be provided. This means jokes about or of any of the listed items are also prohibited.

This website/blog is considered to be a safe(r) space.

A safe space is a place where there will be zero tolerance (noting exceptions and boundaries) for, but not limited to: sexism, gender policing, racism, queer-phobia (such as homophobia or transphobia), classism, anti-religion/spirituality, ageism, mental/physical illness and/or disability, or ignoring triggers.

1.3. Safe Space Rules

Basic rules are respect and acceptance. We are pro-choice, pro-trans & non-binary/gender non-conforming, pro-tolerance, and pro-diversity. This is a safe(r) space for every member, and posts or comments with oppressive language, racist, sexist, classist, cissexist, transmisogynistic, slut shaming, ableist, and/or body policing themes will not be tolerated.

There will be a zero tolerance policy for attacking and/or harassing a member (verbally or in text across any platform/media) via any of the following (but not limited to): sexism, gender policing, racism, queer-phobia (such as homophobia or transphobia), classism, anti-religion/spirituality, ageism, or mental/physical illness and/or disability.
No tone policing (the act of focusing on how something is said instead of what is said).
No sealioning (the act of “just asking questions” in bad faith and ignoring answers).
No gaslighting (a tactic in which a person or entity, in order to gain more power, makes a victim question their reality).
Do not assume the gender, race/ethnicity, class, disabilities, traumas, oppressions, etc that someone faces.
Do not delete comments. This erases accountability and emotional labor. If you require confidentiality, privacy, an item redacted or removed - please contact a moderator.

The owner and moderators, as well as hosted authors, are required at all times to use trigger warnings and content warnings. It is requested that members commenting also do the same.

1.4. Trigger Warnings & Content Warnings

As a part of providing all members with respect and kindness, it is important we also understand and extend the same respect to each other's trigger warnings. This is also to be done for any topics not necessarily considered as severe or intense as a trigger warning, these will be referred to as a content warning.

TW = Trigger Warning

A TW is defined as: "Something that [someone] associate[s] with/reminds [one] of a past trauma (mental, emotional, or physical) and therefore triggers [one’s] personal reaction to trauma (be it flashbacks, panic/anxiety attacks, unhealthy behaviours, a crying jag, etc). Triggers are specific memories, behaviors, thoughts and situations that jeopardize recovery - signals you are entering a stage that brings you closer to a relapse. The process is much like riding a roller coaster that loops over itself. Once the roller coaster car gets to a certain spot in the track, a threshold is met, there is no turning back, and it starts the downward loop - a relapse.

CW = Content Warning

A CW is defined as: These act similarly to a trigger warning, but for content that is not as graphic or that is mentioned only in passing. A [content warning] was a trope or topic that made the [individual] deeply uncomfortable, even might cause anxiety or intense emotional reactions. Everyone’s [content warnings are] personal and diverse, and it [is] considered polite to say, “sorry I can’t read this because it [makes me uncomfortable] me, but you have fun in your corner doing what you doing.

Below there will be lists of Trigger Warnings and Content Warnings. These lists are to be respected at ALL times and may be modified at any time. Members must allow each other the time and patience to inform of any new additions and/or changes, but members must also be responsible to double check these lists.

The following subjects are considered to be TW's:
• Self-Harm
• Suicide/Suicidal Thoughts
• Verbal Abuse (including Manipulation or Blackmail); Gaslighting
• Physical Abuse (including Manipulation or Blackmail)
• Misgendering, Bioessentialism, Non-Binary Erasure
• Rape, Sexual Abuse, Sexual Assault, Pedophilia
• Sexism, Misogyny
• Classism
• Heteronormativity, Cisnormativity

The following subjects are considered to be CW's:
• Financial Privilege
• Depression & Anxiety
• Mental Illness (BPD, DID, OCD, Neurosis, Neurodivergency)

• Sensitive or Possibly Graphic Material

2. Introduction

This website is owned and operated by Radical Queer Scholar (ie. Elisk). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

2.1. Purpose

This website offers visitors articles and media, as well as awareness and discussion, regarding subjects that may include, but are not limited to: feminism, leftist feminism, social justice, activism, queer, transgender, non-binary, sexual positivity, and polyamory.

2.2. Legal Agreement

These Radical Queer Scholar Terms of Use (“Terms of Use and Conduct”), together with such additional terms which specifically apply to some of our services and features as presented on the Radical Queer Scholar website (“Radical Queer Scholar Website”, and collectively – the “Terms of Use”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Radical Queer Scholar Website, and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Radical Queer Scholar Website, collectively – the “Radical Queer Scholar Services” or “Services”).

The Terms of Use constitute a binding and enforceable legal contract between Radical Queer Scholar and its affiliates worldwide (“Radical Queer Scholar”, “us” or “we”) and you in relation to the use of any Services - so please read them carefully.

You may visit and/or use the Radical Queer Scholar Services only if you fully agree to the Terms of Use - and by using and/or registering to any of the Services, you signify and affirm your informed consent to these Terms of Use and any other Radical Queer Scholar Terms applicable to your use of any Radical Queer Scholar Services. If you do not read, fully understand and agree to the Radical Queer Scholar Terms, you must immediately leave the Radical Queer Scholar Website and avoid or discontinue all use of the Radical Queer Scholar Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://radicalqueerscholar.wixsite.com/main/privacy (“Privacy Policy”).

Additionally, Radical Queer Scholar Website is hosted by Wix.com and is therefore a Third Party of Wix.com, where we are bound by and to Wix Terms. By using our Services, you acknowledge that you have read the Terms of Use for Wix.com available at https://www.wix.com/about/terms-of-use and the Privacy Policy of Wix.com available at https://www.wix.com/about/privacy.

2.3. User Account

In order to access and use certain sections and features of our Services, you must first register and create an account with Radical Queer Scholar (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Radical Queer Scholar Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using our Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party.

Among others, we may consider the principles set forth below:

Radical Queer Scholar will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Radical Queer Scholar Service, as the person or entity who has access to the e-mail address then listed in Radical Queer Scholar's and Wix’s records for such User Account under which such User Platform or User Content was created.
If any Paid Services (as defined in Section 5 of Wix's Terms of Use) were purchased via a User Account, Radical Queer Scholar and Wix will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). In event the User Account indicates one person as the owner and the Billing Information indicates a different persons, Radical Queer Scholar shall consider the person registered as the owner of the User Platform.
Notwithstanding the forgoing, Radical Queer Scholar shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Radical Queer Scholar deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Radical Queer Scholar.

3. Your Obligations

In order to use our website and/or receive our services, you must be at least sixteen (16) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

3.1 You represent and warrant that:

Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
You understand that Radical Queer Scholar does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically regarding your User Content:
You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Wix Services and Radical Queer Scholar Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
You have (and will maintain) the full power, title, licenses, consents and authority to allow Wix Services and Radical Queer Scholar Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Wix and/or Radical Queer Scholar and/or your End Users to access, import, copy, upload, use or possess in connection with the Wix Services and Radical Queer Scholar services;
You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

3.2. You undertake and agree to:

Fully comply with all applicable laws and any other contractual terms which govern your use of the Radical Queer Scholar Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
Be solely responsible and liable with respect to any of the uses of the Radical Queer Scholar Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Radical Queer Scholar Services);
Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
Receive from time to time educational and informative messages and materials from Radical Queer Scholar or its partners by e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
Allow Radical Queer Scholar to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Radical Queer Scholar’s educational, informative, and/or promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Radical Queer Scholar or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Radical Queer Scholar’s sole discretion as to the means, manner, and method for performing the Radical Queer Scholar Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

3.3. You agree and undertake not to:

Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Radical Queer Scholar Website, the Radical Queer Scholar Services (or any part thereof), any Content offered by Radical Queer Scholar or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Radical Queer Scholar’s prior written and specific consent and/or as expressly permitted under the Terms of Use;
Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Radical Queer Scholar or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
Upload, insert, collect or otherwise make available within the Radical Queer Scholar Website or the Radical Queer Scholar Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
Publish and/or make any use of the Radical Queer Scholar Services or Licensed Content on any website, media, network or system other than those provided by Radical Queer Scholar, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Radical Queer Scholar Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Radical Queer Scholar, in advance and in writing;
Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Radical Queer Scholar Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Radical Queer Scholar Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Radical Queer Scholar Services;
Act in a manner which might be perceived as damaging to Radical Queer Scholar’s reputation and goodwill or which may bring Radical Queer Scholar into disrepute or harm;
Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Radical Queer Scholar and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the Radical Queer Scholar Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Radical Queer Scholar and/or any End Users;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Wix or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
Reverse look-up, trace, or seek to trace another User of Wix Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Wix Services and/or User Platform without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Radical Queer Scholar Services, User Platform, the account of another User(s), or any other systems or networks connected to the Radical Queer Scholar Services, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan, or test the vulnerability of the Radical Queer Scholar Services or any network connected to the Radical Queer Services;
Upload to the Radical Queer Scholar Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Radical Queer Scholar Services or Radical Queer Scholar’s systems or networks connected to the Radical Queer Scholar Services, or otherwise interfere with or disrupt the operation of any of the Radical Queer Scholar Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Use any of the Radical Queer Scholar Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
Access to Radical Queer Scholar Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Radical Queer Scholar Services, except as expressly permitted by the Terms of Use;
Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Radical Queer Scholar Services and/or Licensed Content; or
Violate, attempt to violate, or otherwise fail to comply with any of the Terms of Use or any laws or requirements applicable to your use of the Radical Queer Scholar Services.
Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

4. Content and Ownership

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Radical Queer Scholar. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

4.1 Your Intellectual Property

As between Radical Queer Scholar and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Radical Queer Scholar does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

4.2. Radical Queer Scholar's Intellectual Property

All rights, title and interest in and to the Radical Queer Scholar Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Radical Queer Scholar Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Radical Queer Scholar.

Subject to your full compliance with the Terms of Use, Radical Queer Scholar hereby grants you, upon creating your User Account and for as long as Radical Queer Scholar wishes to provide you with the Radical Queer Scholar Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Radical Queer Scholar Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Terms of Use, and solely within the Radical Queer Scholar Services.

The Terms of Use do not convey any right or interest in or to Radical Queer Scholar’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Terms of Use constitutes an assignment or waiver of Radical Queer Scholar’s Intellectual Property rights under any law.

4.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Radical Queer Scholar Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Radical Queer Scholar. By providing such Feedback to Radical Queer Scholar, you acknowledge and agree that it may be used by Radical Queer Scholar in order to:

Further develop, customize and improve of the Wix Services,
Provide ongoing assistance and technical support,
Contact you with general or personalized Radical Queer Scholar related notices and/or interview requests based on your feedback or otherwise,
Facilitate, sponsor and offer certain promotions, and monitor performance,
To create aggregated statistical data and other aggregated and/or inferred information, which Radical Queer Scholar may use to provide and improve its services,
To enhance Radical Queer Scholar data security and fraud prevention capabilities, and
To comply with any applicable laws and regulations.

In addition, you:

Represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights;
Irrevocably assign to Radical Queer Scholar any right, title and interest you may have in such Feedback; and
Explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

5. Ordering Products and Services

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

5.1. Products and Services Offered

You need a valid credit or payment card (except to the extent we permit purchases with PayPal, gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise, digital music and media or other products or services through the Radical Queer Scholar Website. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Website. You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Website. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.

5.2. Prices, Colors, and Availability

All prices listed on the Website are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit or payment card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit or payment card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Please keep in mind that while we might offer a variety of merchandise, digital music and media and other products and services for sale on the Website, we cannot guarantee availability at a particular time; and certain products or services available in our stores might not be available on the Website, and vice versa. We reserve the right to change our merchandise, digital music and media content and other products and service offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Website from time to time in our discretion.

5.3. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit or payment card account in the amount charged for the cancelled portion or the quantity not provided (if your credit or payment card has already been charged for the order) or (b) we will not charge your credit or payment card for the cancelled portion of the order or the quantity not provided.

5.4. Payment Terms

For each product or service that you order on the Website, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Radical Queer Scholar will automatically bill your credit card or other form of payment submitted as part of the order process for such price. If payment is not received by your credit or payment card issuer or its agents, you agree to pay all amounts due upon demand by us.

5.5. Sales Taxes

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the Canada in accordance with our order policy in effect at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on Radical Queer Scholar’s net income), on orders shipped outside Canada.

5.6. Exchange and Return Policy

All purchase transactions, excluding purchases for custom apparel and digital music and media content offered for permanent download (“Digital Media Purchases”), are subject to Radical Queer Scholar’s exchange/return policy in effect at the time of purchase.

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within fourteen (14) days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) products can be returned only in the country in which they were originally purchased; and (ii) we reserve the right to refuse an exchange or return as per our discretion, at any time.

We may modify our return policies from time to time so you should check these each time prior to making a purchase. Please pay close attention to detail, spelling and color to ensure correct approval before printing custom apparel. Radical Queer Scholar will not refund or replace any item due to incorrect spelling, color or design. Returns and/or refunds are limited solely to apparel with fabric that is materially flawed or the printing is below quality standards. On occasion, technical and other problems may delay or prevent delivery of Digital Media Purchases. Your exclusive and sole remedy in respect of Digital Media Purchases that is not delivered within a reasonable period of time will be either replacement of such Digital Media Purchase, or a refund of the purchase price paid for such Digital Media Purchase, as determined by us in our sole and absolute discretion.

5.7. Third Parties and Paid Services/Products

Radical Queer Scholar may make use of or connect to any third party service provider in order to use that Third Party's Services that may include, but is not limited to: fees, paid products, and/or paid subscriptions (collectively, "Third Party Services").

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Radical Queer Scholar Services, offered separately by Radical Queer Scholar or persons certified or authorized by Radical Queer Scholar, or otherwise offered anywhere on the Radical Queer Scholar Services), Radical Queer Scholar merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Radical Queer Scholar will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services.

You acknowledge that such services may require the payment of additional amounts to Radical Queer Scholar and/or to the providers of such Third Party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, Radical Queer Scholar may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Radical Queer Scholar Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

6. Privacy

Certain parts of the Radical Queer Scholar Services (including certain Third Party Services available therein) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Radical Queer Scholar Services, Radical Queer Scholar and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Radical Queer Scholar Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

7. Cancellation

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

7.1. Cancellation by User

You may discontinue to use and request to cancel your User Account at any time, in accordance with the instructions available on the Radical Queer Scholar Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Radical Queer Scholar Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

7.2. Cancellation by Radical Queer Scholar

Failure to comply with any of the Terms of Use and/or to pay any due Fee shall entitle Radical Queer Scholar to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Radical Queer Scholar Services (e.g., Paid Services) or Third Party Services to you.

7.3. Loss of Data, Content, and Capacity

If your User Account or any Radical Queer Scholar Services or Third Party Services related to your User Account are cancelled (whether at your request or at Radical Queer Scholar’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein - ie. Services (“Capacity Loss”). Radical Queer Scholar shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Radical Queer Scholar Services following their cancellation, as determined by Radical Queer Scholar in its sole discretion.

8. Misconduct and Copyrights

When using the Radical Queer Scholar Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Radical Queer Scholar with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Radical Queer Scholar Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Radical Queer Scholar, and that Radical Queer Scholar may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

8.1. Copyrights

Radical Queer Scholar acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form.

In the event that Radical Queer Scholar receives notice regarding a copyright infringement related to your User Platform, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Radical Queer Scholar reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

9. Disclaimer of Warranties

We provide the Radical Queer Scholar Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Radical Queer Scholar Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Radical Queer Scholar Services – so please be sure to verify those before using or otherwise engaging them.

Radical Queer Scholar may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Radical Queer Scholar be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Radical Queer Scholar Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Radical Queer Scholar shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the Radical Queer Scholar Services and/or connecting and/or dealing with any Third Party Services through or in connection with Radical Queer Scholar Services, and that Radical Queer Scholar cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

Radical Queer Scholar does not recommend the use of the Radical Queer Scholar Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

A note about the Host: Please note that certain Wix Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Wix Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Wix Services at this BETA stage signifies your agreement to participate in such Wix Services’ BETA testing.

10. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Radical Queer Scholar, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Radical Queer Scholar Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Radical Queer Scholar Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Radical Queer Scholar Services; (6) events beyond the reasonable control of Radical Queer Scholar, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Radical Queer Scholar Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Radical Queer Scholar’s services to you, and such limitations will apply even if Radical Queer Scholar has been advised of the possibility of such liabilities.

11. Indemnity

You agree to defend, indemnify and hold harmless Radical Queer Scholar, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Radical Queer Scholar Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Radical Queer Scholar Services, including, without limitation, Radical Queer Scholar Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

12. General

These Terms of Use, together with the Radical Queer Scholar Terms and any other legal or fee notices provided to you by Radical Queer Scholar, shall constitute the entire agreement between you and Radical Queer Scholar concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Radical Queer Scholar and you, including those made by or between any of our respective representatives, with respect to any of the Radical Queer Scholar Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Radical Queer Scholar in entering into any of the Terms of Use.

12.1. Changes and Updates

Radical Queer Scholar reserves the right to change, suspend or terminate any of the Radical Queer Scholar Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Radical Queer Scholar Services (including removal of any materials created by you in connection with the Radical Queer Scholar Services) for any reason and/or change any of the Terms of Use with or without prior notice - at any time and in any manner.

You agree that Radical Queer Scholar will not be liable to you or to any third party for any modification, suspension or discontinuance of those Radical Queer Scholar Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Radical Queer Scholar Services without enabling such changes, or provide you with alternative Services.

12.2. Governing Law and Jurisdiction; Class Action Waiver

The Terms of Use, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Radical Queer Scholar Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Terms of Use, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Canada.

Subject to any applicable law, all disputes between you and Radical Queer Scholar shall only be resolved on an individual basis and you shall not have the right to bring any claim against Radical Queer Scholar as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

12.3. Notices

We may provide you with notices in any of the following methods: (1) via the Radical Queer Scholar Services, including by a banner or pop-up within the Radical Queer Scholar Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Radical Queer Scholar’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

12.4. Relationship

The Terms of Use, and your use of the Radical Queer Scholar Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Radical Queer Scholar and you.

12.5. Entire Agreement

These Terms of Use and any other legal or fee notices provided to you by Wix, shall constitute the entire agreement between you and Radical Queer Scholar concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Radical Queer Scholar and you, including those made by or between any of our respective representatives, with respect to any of the Radical Queer Scholar Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Radical Queer Scholar in entering into any of the Terms of Use.

12.6. Assignment

Radical Queer Scholar may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Radical Queer Scholar Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Radical Queer Scholar. Any attempted or actual assignment thereof without Radical Queer Scholar’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎11.6 shall not in itself grant either Radical Queer Scholar or you the right to cancel any Radical Queer Scholar Services or Third Party Services then in effect.

12.7. Severability and Waivers

If any provision of the Terms of Use is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.

12.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

12.9. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

Using this form.
Send an email message to: radicalqueerscholar@gmail.com.