--- title: "Queerbaiting in Media: The Elusive Promise of LGBTQ+ Representation" description: Delve into the world of queerbaiting and its impact on LGBTQ+ youth. Explore its history, corporate exploitation, fan culture, and real-life consequences. image: https://www.mindpeers.co/hubfs/queerbait.avif --- We are going on a Modern Love date on 14th Feb at Auro Bar, Hauz Khas in New Delhi. 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As society becomes increasingly aware of the importance of accurate portrayals and authentic narratives, the entertainment industry has attempted to respond by incorporating queer characters and storylines into their content. However, beneath the veneer of progressiveness lies a problematic trend known as "queerbaiting."   Queerbaiting refers to the cynical practice of teasing or hinting at LGBTQ+ representation without delivering on those promises within the actual content. It preys upon the hopes and expectations of marginalized communities while falling short of genuine inclusivity. In essence, it offers the illusion of progress without taking substantive steps toward meaningful representation.   Let’s delve into the complexities of queerbaiting, examining how it operates across various forms of media, such as movies, TV shows, music, and even marketing campaigns, exploring the motivations behind this phenomenon, the impact it has on LGBTQ+ individuals and allies, and the broader implications for the media landscape as a whole.   As the battle for equality continues, understanding queerbaiting becomes crucial to navigating the blurred lines between genuine inclusivity and tokenistic gestures. Join us on a journey to unmask the deceptive facade of queerbaiting and its ramifications for both the media consumers and those longing to see their identities accurately and respectfully represented on screen.   **The Evolution of Queerbaiting: A Historical Analysis of Its Impact on Queer and LGBTQIA+ Communities**   Queerbaiting, an insidious phenomenon within the entertainment industry, has long played a role in the history of LGBTQIA+ representation in media. This practice involves teasing or hinting at queer relationships or characters with the aim of attracting LGBTQIA+ audiences, while ultimately failing to deliver on genuine representation. Through examining the historical context of queerbaiting, we can gain insights into its detrimental effects on queer and LGBTQIA+ communities and shed light on the evolving battle for authentic representation.   In the early years of film and television, queer and LGBTQIA+ individuals were either entirely absent from mainstream media or subjected to harmful stereotypes. Their identities were often relegated to supporting roles as sidekicks, villains, or comic relief characters. This marginalization and erasure perpetuated a hostile environment where queer characters and relationships were seldom explored, let alone portrayed with depth and authenticity.   During the Hays Code era, from the 1930s to the late 1960s, a strict set of moral guidelines governed the content of Hollywood films. Any explicit depiction of queer relationships or LGBTQIA+ themes was prohibited, forcing filmmakers to resort to subtle hints or subtext to explore queer themes. These coded references often left audiences starved for genuine representation, and queer characters remained hidden in the shadows of innuendo.   As societal attitudes towards LGBTQIA+ issues gradually evolved, so did the portrayal of queer characters in media. From the 1970s onwards, television shows and movies began incorporating subtle queer subtext, which hinted at same-sex relationships without explicitly depicting them. This newfound representation, while a step forward, was often fraught with ambiguity and rarely led to fully realized queer storylines.   The late 20th and early 21st centuries witnessed a surge in LGBTQIA+ activism and a demand for authentic representation in media. As queer individuals and allies pushed for greater visibility, some media creators responded with surface-level gestures to appease the audience. This era saw an increase in queerbaiting, where queer relationships and characters were teased but ultimately denied the depth and development they deserved.   As social media platforms became more prevalent, queer and LGBTQIA+ audiences found a voice to express their frustrations with queerbaiting. Hashtags, online petitions, and open letters addressed the issue, calling out media creators for exploiting LGBTQIA+ representation for profit and publicity. The backlash against queerbaiting showcased the hunger for genuine, well-rounded representation and the rejection of tokenistic gestures.   In recent years, some media productions have made strides towards meaningful LGBTQIA+ representation, crafting compelling queer characters and storylines. However, queerbaiting remains a persistent issue, with some creators using token LGBTQIA+ characters or queerbaiting tactics to appear inclusive while falling short of delivering substantial representation.   The history of queerbaiting illustrates a complex journey of progress and setbacks in LGBTQIA+ representation. From early stereotypes and erasure to the emergence of queer subtext and the rise of LGBTQIA+ activism, the media landscape has undergone significant changes. Yet, queerbaiting persists as an unfortunate tactic that undermines the genuine efforts for authentic and inclusive storytelling. As we move forward, it is crucial to remain vigilant in the fight for meaningful representation, ensuring that queer and LGBTQIA+ voices are heard, respected, and embraced without compromise.   **How Corporates Use Queerbaiting to Lure Queer and LGBTQ+ Fans**   In the ever-evolving landscape of media and marketing, corporations have recognized the power of diversity and inclusivity as valuable assets for their brands. As society increasingly demands authentic representation, the LGBTQ+ community has become a prime target audience. However, instead of genuinely embracing diversity, some corporations have resorted to a troubling tactic known as queerbaiting. Queerbaiting involves teasing or hinting at LGBTQ+ representation without delivering on the promise, all while capitalizing on the hopes and desires of queer and LGBTQ+ fans.    *Token Representation: Appearing Inclusive Without Substance* One of the most common techniques used in queerbaiting is token representation, where corporations introduce LGBTQ+ characters or elements in their marketing campaigns or products, but these representations remain superficial or fleeting. By doing so, they create the illusion of inclusivity without committing to genuine and meaningful LGBTQ+ representation. This strategy often leaves LGBTQ+ fans feeling exploited, as their identities are used as mere accessories to generate profit.   *Ambiguous Storytelling: The Subtext Trap* Another way in which corporations engage in queerbaiting is by employing ambiguous storytelling or subtext. They hint at queer relationships or characters without explicitly confirming or exploring them, leaving room for speculation among viewers. This keeps LGBTQ+ fans invested in the hope of witnessing authentic representation, all while corporations avoid taking any real risks in their narratives. As a result, fans may be disappointed when their expectations are left unfulfilled, but the corporation still benefits from the fan engagement generated by queerbaiting.   *Shipping and Fan Service: Feeding on Fan Desires* Corporations often exploit shipping culture and fan service to queerbait their audience. Shipping refers to fans' desire to see certain characters, often same-sex, engage in romantic relationships, while fan service involves catering to those desires by providing subtle or suggestive moments between characters. Corporations capitalize on these emotional connections between fans and characters, encouraging speculation and fervent support for queer relationships that may never come to fruition in the actual storyline.   *Queerbaiting for Publicity and Social Media Buzz* Queerbaiting can also be used as a deliberate strategy to generate publicity and social media buzz. Corporations may tease or hint at LGBTQ+ representation in their content, knowing that it will spark discussions and debates on social media platforms. This attention-seeking behavior drives engagement and draws more eyes to their products or content, regardless of whether the LGBTQ+ representation is genuine or not.   *Allyship and Pinkwashing: Leveraging Social Causes* Some corporations may engage in queerbaiting as a form of "pinkwashing," wherein they use their apparent support for LGBTQ+ rights as a marketing tool to improve their public image. They align themselves with LGBTQ+ causes and advocate for equality, but their actions may not align with their purported commitment. This type of queerbaiting exploits the LGBTQ+ community's fight for acceptance and equal rights, using it as a facade to attract LGBTQ+ consumers while not making significant efforts to foster genuine inclusion.   Queerbaiting is a manipulative marketing strategy used by some corporations to exploit the desires and aspirations of the LGBTQ+ community. While genuine representation is essential for fostering inclusivity and understanding, queerbaiting serves only to lure queer and LGBTQ+ fans with hollow promises, ultimately perpetuating harmful stereotypes and tokenism. As consumers, it is crucial to be aware of these tactics and demand authentic representation that respects and reflects the diverse realities of the LGBTQ+ community.   The Impact of Fan Media and Culture on Queerbaiting: Unintended Consequences and Empowered Advocacy Queerbaiting, a deceptive practice employed by the entertainment industry, has been both perpetuated and challenged by the dynamic influence of fan media and culture. As online fan communities grow increasingly vocal and organized, their responses to queerbaiting have had significant consequences on the portrayal of LGBTQ+ representation in media. While fan engagement has fueled a demand for genuine inclusivity, it has also inadvertently encouraged some creators to exploit the hopes and desires of queer audiences.    *Fandoms and Shipping Culture* The rise of "shipping culture" has played a significant role in the proliferation of queerbaiting. Fans who identify with LGBTQ+ identities often "ship" same-sex characters, expressing their desire to see them in romantic relationships. However, some creators capitalize on this emotional investment and tease ambiguous or fleeting moments between characters, without any intention of developing these relationships further. For instance, in the TV show "Supernatural," the characters Dean and Castiel developed a strong bond, leading to a massive fan following known as "Destiel" shippers. The showrunners played with this fan passion but never delivered on an actual queer storyline, leading to accusations of queerbaiting.   *Social Media and Fan Activism* The rise of social media has given fans a powerful platform to voice their opinions and concerns, leading to heightened awareness and activism against queerbaiting. Hashtags such as #StopQueerbaiting and #GiveElsaAGirlfriend gained traction after the release of Disney's "Frozen," where fans hoped for a queer storyline for Elsa, but the studio refrained from delivering on that potential representation. Such online campaigns have put pressure on creators to address queerbaiting accusations and have led to increased dialogue between fans and media companies.   *Transformative Works and Fan Fiction* Fan fiction has allowed fans to create their own narratives and reimagine characters in LGBTQ+ relationships, offering an alternative to queerbaiting. "Supercorp," a popular fan pairing of characters Kara Danvers and Lena Luthor from the TV show "Supergirl," exemplifies how fan creators take matters into their own hands to explore diverse and inclusive storylines. Fan fiction and fan art have become havens for queer fans seeking the representation they are denied in mainstream media.   *Reinforcing Stereotypes* In some instances, fan media and culture have inadvertently perpetuated queerbaiting by reinforcing harmful stereotypes. Certain fan-created content may rely on problematic tropes, such as fetishization or the sexualization of queer characters, which can be counterproductive to the goal of authentic representation. While these creations may originate from good intentions, they can inadvertently undermine the push for diverse and respectful LGBTQ+ portrayals.   *Positive Change and Collaboration* The rise of fan media and culture has also opened doors for collaboration between fans and creators. Some content producers have engaged directly with fan communities to address concerns and incorporate fan feedback into their storytelling. This collaborative approach has the potential to lead to more genuine and responsible LGBTQ+ representation, fostering an environment where queerbaiting becomes less prevalent.   Fan media and culture have had a profound impact on the perpetuation and challenge of queerbaiting in the entertainment industry. While fan engagement has empowered advocacy and pushed for authentic representation, it has also inadvertently perpetuated stereotypes and provided opportunities for creators to exploit the desires of queer audiences. By fostering collaborative relationships and holding creators accountable, fans can continue to advocate for genuine inclusivity and meaningful LGBTQ+ representation in media.   **The Real-Life Impact of Queerbaiting on Individuals and Celebrities** Queerbaiting, as a manipulative tactic employed by the entertainment industry, extends beyond its consequences in media narratives. It also has a significant real-life impact on both LGBTQ+ individuals and celebrities. The phenomenon not only perpetuates harmful stereotypes and tokenism but also affects the mental well-being of queer audiences and celebrities alike. Here, we explore how queerbaiting affects actual individuals and celebrities, shedding light on the emotional toll it takes and the challenges it poses in fostering authentic representation and inclusivity.   *Emotional Toll on LGBTQ+ Individuals* Queerbaiting takes a toll on the emotional well-being of LGBTQ+ individuals who yearn for accurate and respectful representation in media. The continuous cycle of anticipation and disappointment, coupled with the lack of genuine queer storylines, can lead to feelings of marginalization, frustration, and alienation. These emotional experiences can be particularly harmful to those who already face discrimination and struggle with self-acceptance, as queerbaiting reinforces the notion that their identities are either trivialized or exploited for profit.   *Reinforcing Harmful Stereotypes* Queerbaiting often perpetuates harmful stereotypes about LGBTQ+ individuals. By teasing queer relationships or characters without fully developing them, media creators contribute to the perception that LGBTQ+ identities are mere plot devices, rather than complex and multi-dimensional individuals. This misrepresentation can perpetuate misconceptions and deepen societal biases, further marginalizing the LGBTQ+ community and impeding progress towards genuine inclusivity.   *Impact on Celebrity Well-Being* Celebrities, especially those portrayed in queerbaiting scenarios, also experience the impact of this phenomenon. Being involved in queerbaiting can be emotionally draining for actors and public figures, as they often become aware of the fervent fan investment in their characters' potential queer relationships. The pressure to navigate fan expectations while adhering to studio decisions can be overwhelming, leading to increased scrutiny and criticism from fans and media alike.   *Stifling Authentic Expression* For LGBTQ+ celebrities, queerbaiting can be particularly problematic, as it may hinder their ability to express their identities openly. In cases where a celebrity identifies as LGBTQ+ but their public image is predominantly heteronormative due to queerbaiting tactics, they may feel compelled to suppress their authentic selves to conform to studio-driven narratives. This internal conflict can take a toll on their mental health and limit opportunities for genuine representation and inclusivity.   *Navigating Fan Expectations and Fan Backlash* Queerbaiting places celebrities in a challenging position of navigating fan expectations while adhering to corporate decisions. When creators dangle the possibility of LGBTQ+ representation, fans often express strong emotions and anticipation, placing immense pressure on the actors involved. This can lead to a delicate balancing act for celebrities, as they try to be respectful of their fans' desires while also adhering to the realities of their roles and the decisions of producers.   Queerbaiting transcends the realm of fictional media narratives and has tangible effects on real-life individuals, both within the LGBTQ+ community and among celebrities. The emotional toll on queer audiences, the perpetuation of harmful stereotypes, the impact on celebrity well-being, and the challenges faced in navigating fan expectations all underscore the urgency for responsible and authentic LGBTQ+ representation in media. By fostering genuine inclusivity and breaking free from the confines of queerbaiting, the entertainment industry can empower individuals and celebrities alike to embrace their identities and stories authentically.   **Queerbaiting, Queer People, and the Therapeutic Journey** Queerbaiting profoundly affects queer individuals, creating emotional turmoil as it teases LGBTQ+ representation without delivering on the promise. This cycle of anticipation and disappointment fuels frustration, sadness, and a sense of alienation. Therapy becomes a vital space for queer individuals to process these emotions and explore their identities authentically.   Queer-affirmative therapy validates clients' feelings and experiences, challenging internalized stereotypes perpetuated by queerbaiting. It empowers individuals to embrace their identities and find resilience against harmful media-driven misconceptions. Through this journey, therapy helps queer people navigate a path towards self-discovery and foster a sense of belonging.   Moreover, therapy empowers individuals to become advocates for genuine representation and inclusivity. Armed with a deeper understanding of queerbaiting's impact, clients may engage in activism, challenge media companies, and support LGBTQ+ content creators. By combining healing and advocacy efforts, the LGBTQ+ community can strive for a future where authentic representation reflects their diverse realities. 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If your Content violates these Terms, you may bear legal responsibility for that content. - You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. MindPeers reserves the right, but is not obligated, to reject and/or remove any User Content that MindPeers believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. - In connection with your User Content, you affirm, represent and warrant the following: - Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights. - To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website. - MindPeers takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that MindPeers is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content. ## 3. CONTENT - Other than personally identifiable information (otherwise referred to as "personal data" under applicable data protection legislation), which is covered under our Privacy Policy, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary. - You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services. - You are permitted to print and download limited extracts from the Website for your own personal use provided that: - MindPeers's copyright and trade mark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged. - You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. - You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors. - If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. - MindPeers reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by MindPeers, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. MindPeers will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content. ## 4. SUBSCRIPTION - Auto-renewable subscriptions are available from the App Store for MindPeers Club - Payment will be charged to your iTunes account at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period. - Account will be charged for renewal within 24-hours prior to the end of the current period. - Current subscription may not be cancelled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase. - Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable - You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors. - If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. - MindPeers reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by MindPeers, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. MindPeers will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content. ## 5. END USEER LICENSE AGREEMENT - Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. - a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). - b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. - c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. - d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. - e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. - f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. - g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. - h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. - i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: - If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. ## 6. PRIVACY AND SECURITY - Your Personal Information is maintained by Mindpeers in electronic form on its equipment and the equipment of its employees. Such information may also be converted to physical form from time to time. Mindpeers takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Mindpeers business. - No administrator at Mindpeers will know your password. You need to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. Mindpeers does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Mindpeers by sending an email to hello@mindpeers.co. You shall be liable to indemnify Mindpeers due to any loss suffered by it due to such unauthorized use of your account and password. - Mindpeers makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations. - Mindpeers makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations. - Part of the functionality of the Mindpeers is assisting the Customers/ Clients/ Users access information relating to them. Mindpeers may, therefore, retain and submit all such records to the relevant users, or their Mental Health Care Professionals. - Notwithstanding the above, Mindpeers is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Mindpeers shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Mindpeers including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc. - MINDPEERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MINDPEERS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ## 7. INTELLECTUAL PROPERTY - The Website and MindPeers Services contain intellectual property, which is the property of MindPeers (**"MindPeers IP"**). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the MindPeers IP and reserve all rights in respect of same. - Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and MindPeers IP and the material displayed thereon. However, no right, title or interest in any such materials or MindPeers IP will be granted or transferred to you as a result of any permitted use of such materials. - All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by MindPeers, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the MindPeers Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. - In respect of all content or material that you submit via the Website or otherwise: You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and - The MindPeers IP is provided by us on an "as is" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any MindPeers IP. To the extent permitted by applicable law, we exclude any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the MindPeers IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever. ## 8. INDEMNIFICATION - You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold MindPeers, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account. - By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless MindPeers, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by MindPeers arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (a) your use of the Website and MindPeers Services; (b) unauthorized access to the Website and MindPeers Services; or (c) any breach of these Terms by you or any other matter relating to the Website or MindPeers Services. - In the event that any of your enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement. ## 9. SUSPENSION & TERMINATION - We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or MindPeers Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate. - You agree that we may, with or without cause and/or prior notice take any or all of the following actions: - Immediate, temporary or permanent withdrawal of your right to use the Website or MindPeers Services; - issue a warning to you; - legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach); - further legal action against you; and/or - disclosure of such information to law enforcement authorities as we reasonably feel is necessary. - Without limiting the foregoing, the following will lead to a termination by us of your use of the MindPeers Services: (a) breaches or violations of these Terms or other incorporated MindPeers agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems. - We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate. ## 10. DISCLAIMERS & LIMITATION OF LIABILITY - To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude: - all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation: - that the Website and MindPeers Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; - that the Website and MindPeers Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing; - warranties as to privacy and security other than as stated in our Privacy Statement; - that you will be able to access or use the Website or MindPeers Services at times or locations of your choosing; and - any warranties on the basis of oral or written information given by a MindPeers representative. - any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and MindPeers Services or in connection with their use, or results of the use of the Website and MindPeers Services, any websites linked to them and any materials posted on them, including without limitation any liability for; loss of income or revenue loss of business, loss of profits or contracts, loss of anticipated savings, the use of money or opportunity, loss of data; loss of goodwill or reputation, wasted management, office time or personnel time, work stoppage, computer failure or malfunction, or any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. - Nothing in this Section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. You understand and agree that although an Expert may be a MindPeers therapist or other mental health professional, MindPeers cannot predict or assess the competence of, or appropriateness, or verify the credentials of such Professional. MindPeers disclaims any and all liability for any consultation and therapy services rendered by a Professional to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Professional through the Website and to continue to interact with such individual(s), and that the role of MindPeers is strictly limited to providing access to such Professionals to you. ## 11. GOVERNING LAW This Agreement shall be governed by the Laws of India, and the Courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder. ## 12. MISCELLANEOUS PROVISIONS - Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated. - Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected. - Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws. - No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar). - No Refund on Plan Expiry: MindPeers may have plans on it's portal which may allow the user to buy 'credits' in advance for ease in transaction or also gift session credits to other users. However, sometimes, these plans may carry an expiry term with them. Once the term of expiry is reached, the credits will no longer be usable. These plans or any plans of this nature are not refundable under any circumstance. Disclaimer : We care for your mental health, but MindPeers does not provide emergency support. For immediate assistance, please reach out to the national helpline at 1800-599-0019. ![Chat with us on WhatsApp](https://upload.wikimedia.org/wikipedia/commons/6/6b/WhatsApp.svg)