Effective as of November 7, 2011
Tinypass Beta. The Tinypass Service is currently offered as a public beta. While we will make efforts to ensure that the Tinypass Service is stable and provided in an error-free fashion, certain technical issues may appear from time to time. File security and access cannot be guaranteed. If you experience an issue with the Tinypass Service, or find any bugs you would like to help us squish, please contact us at firstname.lastname@example.org.
Use of This Site
Links To Third Party Web Sites
This Site may contain links to other affiliated or independent third-party websites (“Linked Sites”), including sites of Publishers. These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse or make any representations with respect to the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Linking and Framing
You may not place a link to this Site on any other web site, or frame this Site within another web site, without our prior written permission.
INTELLECTUAL PROPERTY RIGHTS IN THE SITE
This Site contains various information in the form of data, text, graphics, and other materials from Tinypass and third parties (the “Content”). The Tinypass Service enables you to pay for content, and/or data, text, graphics, and other materials (“Publisher Services”) offered or made available at, or otherwise enabled by, third party publishers’ web sites (and their constituent pages) (the “Publisher Sites”), for the benefit of the user, for which Publisher charges a fee to such user .
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content and the Publisher Services are and shall remain the property of Tinypass or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. Except as provided below, you may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content and/or Publisher Services, in whole or in part. However, you may print a single copy of the Content for your own personal use, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Publisher Services may only be used as permitted by the Publisher.
PAYING FOR PUBLISHER SERVICES
If you believe that any Content on this Site violates your or a third party’s copyright, please notify us by providing the following information to COPYRIGHT VIOLATIONS at email@example.com: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on this Site; (4) your address, telephone number and email address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Tinypass does not and cannot review all Publisher Services, and is not in any manner responsible for such Publisher Services. Each Publisher Service is owned by its respective Publisher. You acknowledge that by providing you with the ability to view and purchase the Publisher Services, Tinypass is not undertaking any obligation or liability relating to the Publisher Services. However, Tinypass reserves the right to block or remove content or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Tinypass in its sole discretion.
This Site and the Content and other materials and products on this Site are provided on an “as is” and “as available” basis without warranties of any kind, whether expressed or implied, and use of this Site is at your sole risk. Neither Tinypass nor any of our affiliates make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Neither Tinypass nor any of our affiliates assumes any responsibility for the accuracy of any information contained on this Site, for any interruptions or errors in accessing this Site, or for any viruses or other harmful components contained on this Site or the server from which this Site is made available.
TINYPASS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (COLLECTIVELY, THE “TINYPASS AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WITH RESPECT TO THIS SITE OR THE CONTENT OFFERED THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
You will indemnify and hold the Tinypass Affiliates and each of their officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assignees harmless from and against any and all losses, damages, judgments, liabilities and costs (including reasonable attorneys’ fees) incurred by any Tinypass Affiliates in connection with any claim arising out of, based on, or in connection with your access to or other use of this Site. Tinypass reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Force Majeure. Tinypass Affiliates shall not be liable for any failure or delay in performance under this Agreement which might be due to strikes, shortages, riots, insurrection, fires, flood, storm, explosion, acts of God, war, government action, inability to obtain delivery of parts, supplies or labor, labor conditions, earthquakes, acts of terrorism, or any other cause which is beyond the reasonable control of such party (“Force Majeure Events”).