Last Updated: March 17, 2014
Description of Services.
The Site may provide users with access to certain application functionality (each, a “Site Application”) and associated content online (the “Service”). You are solely responsible for obtaining and satisfying all technical requirements necessary in order to access the Site, including any associated third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are solely responsible for any equipment that may be required in order for you to access the Site.
License and Site Access.
Subject to your continued compliance with this TOS, The Tizzy grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Site and the Service in accordance with the terms set forth herein. This license does not include the right to (i) download or copy any information and content available on or through the Site, including, without limitation, any software programs or applications (collectively, the “Content”) or account information for the benefit of any other party; (ii) cache unauthorized hypertext links to the Site or frame any Content available through the Site; (iii) copy, modify, create derivative works from, sell, distribute, sub-license or otherwise exploit any Content for commercial or public purposes; (iv) upload, post, or transmit any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); (v) upload, post, or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on the Site’s infrastructure; or (vi) use data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Site to prevent or restrict access to the Site. In addition to any other remedies that may be available to The Tizzy under applicable law, any unauthorized use by you shall immediately terminate the permission or license granted to you by The Tizzy under this TOS or otherwise in connection with the Site.
The Site and Services are not intended for individuals under the age of 18 or any users suspended or removed from the system by The Tizzy for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your The Tizzy account to another party. If you do not qualify, you may not use the Service or the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by any login and registration forms that may be required in order to use the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Tizzy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Tizzy has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password (if any), and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or, to the extent applicable, your password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify The Tizzy immediately of any unauthorized use of your account or any other breach of security. The Tizzy reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to The Tizzy through the Site, you agree to be bound by the following terms and conditions, in addition to the other terms set forth herein. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. The Tizzy, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, The Tizzy and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting The Tizzy a perpetual, transferable, sub-licenseable, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, sell and otherwise exploit, in any manner (without any obligation to you), such Unsolicited Information and the right (but not the obligation) to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS MADE AVAILABLE VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE TIZZY NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS (EACH, A “THE TIZZY PARTY”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE OR ANY SERVICES, CONTENT, FILES OR PRODUCTS MADE AVAILABLE VIA THE SITE. NONE OF THE TIZZY PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER, CONTENT, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE AND/OR ANY SERVICES, CONTENT, FILES, OR PRODUCTS PROVIDED TO YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE TIZZY PARTIES MAKES, AND THE TIZZY (ON BEHALF OF ITSELF AND EACH THE TIZZY PARTY) HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY SERVICES, CONTENT, FILES OR PRODUCTS MADE AVAILABLE VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY SERVICES, CONTENT, FILES OR PRODUCTS MADE AVAILABLE VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TIZZY OR ANY THE TIZZY PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) RESULTING FROM USE OF THE SITE OR FROM THE CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold The Tizzy and each The Tizzy Party harmless from any and all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of this TOS, your use of the Site or any Services, Content, files or products made available via the Site, or your violation of any law or the rights of a third party.
When you use the Site or send emails to The Tizzy, you are communicating with The Tizzy electronically. You consent to receive communications from The Tizzy electronically. The Tizzy will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site or third parties may provide links to third party internet sites or resources. Because The Tizzy has no control over such sites and resources, you acknowledge and agree that The Tizzy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, services, products or other materials on or available from such sites or resources or any activity occurring in connection with such sites or resources. Without limiting the generality of the limitation of liability set forth in this TOS, you further acknowledge and agree that The Tizzy shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas.
Access to and use of any password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes.
Intellectual Property Rights
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of The Tizzy and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the internet without the written permission of The Tizzy or the third party that owns the applicable Marks. All Content is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and, as between the parties, is the sole and exclusive property of The Tizzy. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Procedure for Claims of Intellectual Property Infringement.
The Tizzy respects the intellectual property of others, and we ask our users to do the same. The Tizzy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users whom we believe may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to email@example.com:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
Right to Cancel Program or Change Terms.
If you have any questions regarding the Services, the Site, our policies, or anything else, please don’t hesitate to contact us at firstname.lastname@example.org.