BY SIGNING UP FOR TINGLE AND BY YOUR CONTINUED USE OF THE SERVICE YOU ASSENT TO THE FOLLOWING AGREEMENT:
- THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
- LEGAL COMPLIANCE
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- USER CODE OF CONDUCT
In your use of the Service, You agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through the Service for any unauthorized purpose, (d) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, (e) use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use the Service in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements, (g) “stalk” or harass any other user of the Service, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) use the Service for any commercial purpose whatsoever, (j) impersonate any person or entity, (k) remove any copyright, trademark or other proprietary right notices contained in the Service, (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or Tingle’s Web Site (www.tingle.com) or any software used on or for the Service, or (m) assist any third party in doing any of the foregoing.
- YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
You are solely responsible for your interactions with other users of the Service, including the content of the materials you post in the public areas of the Service and in your messages to other users of the Service. Tingle will not be responsible for any damage or harm resulting from your interactions with other users of our Service.You understand that Tingle does not in any way screen users, nor does Tingle inquire into the backgrounds of our users or attempt to verify their statements. Tingle makes no representations or warranties as to the conduct of our users or their compatibility with any current or future users. Tingle reserves the right, but has no obligation, to monitor all interactions between You and other users of the Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of the Service may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.Email messages sent between You and other users of the Service that are not readily accessible to the general public may be reviewed by Tingle for compliance with this Agreement, but will be treated by us as private to the extent required by applicable law. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person.You should not provide your financial information (for example, your credit card or bank account information) to other users of the Service.
In no event shall Tingle or its parent companies, subsidiaries, affiliates, employees, officers, directors, representatives, successors and assigns be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons You meet through the Service.
The Service is not intended for minors (under the age of 18) and We will not knowingly permit anyone under the age of 18 to use Our Service. By using Our Web Site and/or using the Service, You represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept the terms of this Agreement.
- FEES AND PAYMENTS
a) Full Members of the Service are required to purchase “Credits” in order to use the “paid features” of the Service. Each time a Full Member uses a “paid feature” of the Service, the Member’s account of Credits is debited according to the number of Credits charged to use that “paid feature”.b) Credits may be purchased using a credit card via iTunes or via this Web Site based on the pricing policy as stated on the Service at the time of purchase. Tingle reserves the right to change Our pricing policy at any time at Our sole discretion. We also reserve the right to change the method or manner in which we charge members for Credits, or the method of payment which is acceptable to Us, at Our sole discretion.c) Once We have confirmed receipt of your payment, We will credit Your account with the number of Credits purchased. Where We receive payment for an incorrect amount, We will credit Your account with a pro-rated number of Credits based on the funds received. Credits will be automatically deducted from Your account as You use “paid features” of the Service. You can confirm the number of Credits which remain available to You in your account at any time from the Account function of Our mobile client software or on the Tingle Web Site. A Full Member whose account is at zero, remains a Full Member, but cannot access “paid features” until additional Credits are purchased. If Your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any other reason, any unused Credits are automatically and immediately forfeited.d) THE PURCHASE OF MINUTES IS NON-REFUNDABLE. Any unused Credits will remain credited to Your account but will not be refunded if unused, even if You are no longer using the Service. Credits will only be credited to the account of the Full Member purchasing Credits, and to no one else. Credits may not be transferred from one member of the Service to another member. The cost of Credits purchased by a Full Member is not refundable under any circumstance but can be used by You at any time.
e) You agree to pay all fees and charges incurred in connection with Your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes within the Application or on this Web Site from time to time. You are also responsible for any fees or charges incurred to access the Service through the telephone system, including but not limited to telephone charges, long distance charges or mobile phone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
- USER CONTENT
By submitting any content (including without limitation, Your photograph) to Our Site, you represent and warrant to us that the content, including Your photograph, is posted by You and that you are the exclusive author of the content, including Your photograph, and use of Your content by Us will not infringe or violate the intellectual property or other rights of any third party.You waive absolutely any and all moral rights to be identified as the author of the content, including Your photograph, and any similar rights in any jurisdiction in the world.By submitting any content (including without limitation Your photograph) to Our Web Site or via Your iPhone or iPod Touch, You automatically grant, and You represent and warrant that You have the right to grant, to Us, and Our licensees, affiliates, successors and assigns, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose, to prepare derivative works of, or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.You are solely responsible for any content that You submit, post or transmit via our Service. You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous, (b) contains sexually explicit content (including nudity), (c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group, (d) exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, (e) encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes), (f) makes use of offensive language or images or is otherwise patently offensive to the online community, (g) harasses or advocates harassment of another person, (h) involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or Spam, (i) promotes an illegal or unauthorized copy of another person’s copyrighted work, (j) characterizes violence as acceptable, glamorous or desirable, (k) contains any illegal material or any material that infringes or violates another party’s rights (including without limitation intellectual property rights and rights of privacy and publicity), (l) provides instructional information about illegal activities such as making or buying illegal weapons, terrorist activities, violating someone’s privacy, or providing or creating computer viruses, (m) solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (n) provides or promotes inaccurate, misleading or false information, (o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes, or (p) contains any of Your personal contact information. If any information that You provide to us subsequently becomes inaccurate, misleading or false, You will promptly notify us of such change.
We have no obligation to post any content that You or anyone else submits. In addition, We may, in our sole and unfettered discretion, edit, remove or delete any content that You post or submit.
The foregoing is a partial list of the kind of content that is illegal or prohibited on our Service. We reserve the right to investigate and take appropriate legal action in Our sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication from the Service and terminating the violator’s access to the Service.
- NO COMMERCIAL USE
This Service is for Your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the Service or Our Web Site or mobile application for any other purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Web Site or mobile application may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with Our permission, which may be revoked at any time, for any reason, in Our sole discretion.
- THIRD PARTY CONTENT
In Your use of Our Service, You may access content from third parties (“Third Party Content”), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using Our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will Tingle or its parent companies, subsidiaries, affiliates, employees, officers, directors, representatives, successors and assigns be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via Our Service. You agree that You must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of Our Service.
- PROPRIETARY RIGHTS
a) You agree that all content and materials available on the Service are protected by either Our intellectual property rights, or the rights of Our licensors, with respect to publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except for that information which is in the public domain or for which You have been given express written permission by Us, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on via Our Service. Notwithstanding the above, You may use the content and materials on Our Web Site or mobile application in the course of Your normal, personal, non-commercial use of the Service.b) You agree not to systematically retrieve data or other content or any materials from Our Web Site or mobile application to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise. You agree not to use of any of Our trademarks as metatags on other web sites. You agree not to display any of Our Web Site or mobile application in a frame (or any of Our content via in-line links) without Our express written permission, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage and other sections of Our Web Site and mobile application without Our written permission.
- USERNAME AND PASSWORD
You will select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under Your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that You log off from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 13.
- TERMINATION AND CANCELLATION
Termination. You agree that Tingle, in Our sole discretion, may terminate your access to the Service for any reason, including, without limitation, your breach of this Agreement. You agree that any termination of Your access to the Service may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete any of Your accounts and all related information and files in such accounts and/or bar any further access to such files or the Service. Further, You agree that Tingle and its parent companies, subsidiaries, affiliates, employees, officers, directors, representatives, successors and assigns will not be liable to You or any third party for any costs or damages of any kind for or resulting from any termination of Your access to the Service. If We terminate Your access to the Service because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees or Credits.Cancellation at Any time. You may cancel your subscription to the Service at any time by accessing your Account Settings via Our iPhone application or Our Web Site.
- DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of the Service with or without prior notice to You. You agree that Tingle and its parent companies, subsidiaries, affiliates, employees, officers, directors, representatives, successors and assigns will not be liable to You or to any third party for any modification or discontinuance of our Service.
- CUSTOMER SERVICE
We provide assistance and guidance through Our representatives via email at support [at] tingle.com or via the FeedBack button on Our Web Site at tingle.com. When communicating with Our representatives, You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If We determine in Our sole discretion that Your behavior towards any of Our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Site and you will not be entitled to any refund of unused subscription fees. You acknowledge and agree that Apple has no obligation to furnish any maintenance or support services to You with respect to the Service.
- REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to Tingle that: (a) you have the full power and authority to enter into and perform Your obligations under this Agreement, (b) Your use the Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) You will comply with all applicable laws in using the Service and in engaging in all other activities arising from, relating to or connected with this Agreement, including, without limitation, contacting other users of the Service and (d) You own or otherwise have all rights necessary to license the content You submit and that the posting and use of Your content by Tingle will not infringe or violate the legal rights of any third party.
- DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A) IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL APPLE HAVE ANY WARRANTY OBLIGATION TO YOU WITH RESPECT TO THE SERVICE OR THE TINGLE MOBILE APPLICATIONB) WE DO NOT WARRANT THAT (1) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (2) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (5) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES, (6) YOU WILL ARRANGE ANY MEETINGS THROUGH OUR SERVICE, OR (7) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OUR WEB SITE, MOBILE APPLICATION OR THE SERVICE, ANY CONTENT POSTED ON OUR WEB SITE OR MOBILE APPLICATION OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
C) IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SERVICE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
D) NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITS ON LIABILITY
A) YOU AGREE THAT TINGLE AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.B) TINGLE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.C) IN NO EVENT WILL TINGLE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THIS AGREEMENT EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.D) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU. IN SUCH EVENT, TINGLE AND YOU ACKNOWLEDGE AND AGREE THAT APPLE IS NOT RESPONSIBLE OR LIABLE TO ADDRESS ANY CLAIMS BY YOU RELATING TO THE SERVICE OR MOBILE APPLICATION OR YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE TINGLE MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
a) You agree to defend, indemnify and hold Tingle, and our subsidiaries, parent companies, affiliates, and each of Our and their directors, officers, managers, members, partners, agents, employees, successors and assigns harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys’ fees, incurred in connection with any law suit or proceeding brought against Us arising out of Your use of the Service or alleging facts or circumstances that could constitute a breach by You of any provision of this Agreement and/or any of the representations and warranties set forth above. If You are obligated to indemnify Us, We will have the right, in Our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms.b) In the event of any third party claim against You that the Tingle mobile application infringes the North American intellectual property rights of any third party, You and Tingle agree that Tingle (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information on Our Web Site or mobile application without obtaining the prior written consent of the owner of such proprietary rights. In addition, and without limiting the foregoing, if You believe that your work has been copied and posted on our Web Site or mobile application in a way that constitutes copyright infringement, please visit and send Us your notice of infringement by via email to support [at] tingle.com.
- DISPUTE RESOLUTION
All disputes arising out of or relating to this Agreement or Your use of our Service will be exclusively resolved in Provincial Courts located in British Columbia, Canada to enforce this Agreement or prevent an infringement of a third party’s rights. Each party hereby irrevocably submits to the personal jurisdiction of such Courts.