TERMS & CONDITIONS
IMPORTANT: Read these terms and conditions of use carefully before accessing or using this Web site administered by Tiperosity, Inc., subscribing to the services of Tiperosity, Inc., purchasing its products, downloading software, technology, content, or data, and/or otherwise using the connected Tiperosity services and products, and the related Tiperosity software, data and/or technology used, stored, licensed, or accessed in connection therewith and the related intellectual property rights embodied therein (collectively, the “Tiperosity Technology”).
Tiperosity is willing to provide you with access to the Tiperosity technology through this Web site and make available all products and services to you upon the condition that you accept all of the terms and conditions set forth herein, on any registration or order form received by you from Tiperosity or its affiliates in connection with the Tiperosity technology (collectively “Registration and Order Forms”) and on any documents references herein or any additional terms and conditions that can be viewed either on the pages containing any services or offerings, or via a link on those pages or other directions to the additional terms and conditions (collectively “The Agreement”). If you do not agree to these terms and conditions of this agreement, promptly cease using the Tiperosity technology, and/or exit this page before downloading, accessing, suing, subscribing, or installing the Tiperosity technology or purchasing products or subscriptions from Tiperosity.
By accessing, subscribing, downloading and/or otherwise using the Tiperosity technology, you certify that: (a) you are at least 18 years of age, and that, if you are acting on behalf of such party, (b) you have read this Agreement in its entirety and have agreed to be legally bound by this Agreement, and (c) agree to all the operating rules and policies of Tiperosity that may be published within the Tiperosity Technology or this Web site.
The various Tiperosity Technologies contained in this Web site is owned and operated by Tiperosity and its licensors, and is protected by copyright and other intellectual property laws under United States and international treaties. The compilation and arrangement of all content, data, and other information found within the Tiperosity Technology is also the sole and exclusive property of Tiperosity and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Tiperosity Web site and technology, meaning the structure, sequence, and layout of words and graphical elements, as well as any audiovisual components posted in the past or in the future, as well as button shaped, color combinations, and any other graphical or navigational aspects of the Web site are also proprietary to Tiperosity and its licensors and is fully protected under U.S. and international intellectual property laws.
Use of Tiperosity Web site and included Technology
Subject to the terms and conditions set forth herein and any third party restrictions, Tiperosity grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use, access, the Tiperosity technology and Web site to: (a) incidentally view, print, and download the content, either visual or otherwise, images, text, graphics, photographs, audio, video, and other content available at the Tiperosity Web site solely for your informational purposes, and for your immediate, private, personal, and non-commercial use, and (b) make purchases of goods and services, subscriptions, through the links found on this Web site or through associated Tiperosity technology, provided you retain all Tiperosity copyright and propriety notices contained in the original materials or an copies thereof.
All rights not expressly stated herein are reserved by Tiperosity and Tiperosity disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Tiperosity Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Tiperosity Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of Tiperosity, or any part thereof, including, but not limited to, using any part of the Tiperosity Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or (v) use the Tiperosity Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Tiperosity, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Tiperosity Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Tiperosity Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Tiperosity Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available 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; (xiii) interfere with or disrupt the Tiperosity Technology or servers or networks connected to the Tiperosity Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Tiperosity Technology (including, but not limited, to this Web site); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users.
You agree not to access the Tiperosity Technology by any means other than through the interface that is provided to you by Tiperosity for use in accessing the Tiperosity Technology.
By posting of information or other materials on this Web site or within the Tiperosity Technology or by making such information available for downloading by you, Tiperosity does not waive any proprietary right in and to the Tiperosity Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Tiperosity Technology except for the limited license expressly granted herein.
You hereby grant to Tiperosity a nonexclusive, world-wide, royalty-free, license to reproduce, display, distribute, sell, publish, and republish any and all comments, suggestions, ideas, tips, graphics, personally identifiable information and any other information that you transmit to Tiperosity through the Tiperosity Technology ("Submission"). You retain ownership of the copyrights and all other rights to your content.
You represent and warrant that your Submissions: (a) shall be true to the best of your knowledge, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall contain visual depictions of persons who were at least 18 years of age when said visual depiction was created, (d) shall not be fraudulent or involve counterfeit or stolen information or items, (e) shall not violate any law, statute, ordinance or regulation, and (f) shall not create any liability for Tiperosity. You also agree to maintain and promptly update your Submissions by means of the Tiperosity Technology in order to keep that information true, accurate, current and complete.
Tiperosity does review all Submissions posted to or created by users accessing the Tiperosity Technology (including, but not limited to, this Web site), and is the final judging part on whether the content merits publishing on the Web site, books, materials, or via any other transmission. You, the submitter, are solely responsible for the content of these communications and your personal activities in regard to the Technology. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Tiperosity Technology (including, but not limited to, this Web site), Tiperosity is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Tiperosity may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity or misrepresentation. Notwithstanding the foregoing, Tiperosity reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Tiperosity in its sole discretion.
Any and all trademarks displayed within the Tiperosity Technology are owned by Tiperosity, its licensors or its affiliates.
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Tiperosity. "Confidential Information" means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Tiperosity or its licensors, including, but not limited to, all parts of the Tiperosity Technology and any other materials or information related to the business or activities of Tiperosity that are not generally known to others engaged in similar businesses or activities.
You access and use the Tiperosity Technology at your sole risk. The Tiperosity Technology is provided to you on an "as is" and “as available” basis. To the fullest extent permissible pursuant to applicable law, Tiperosity disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, Tiperosity does not represent or warrant that (a) the Tiperosity Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Tiperosity Technology will be corrected, (c) the Tiperosity Technology or the servers that operate the Tiperosity Technology are free of viruses or other harmful components, (d) the data, results and information within the Tiperosity Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Tiperosity Technology will meet your needs, requirements or expectations.
Tiperosity may make changes to the content within the Tiperosity Technology or to the products or services described in it, at any time without notice to you. Further, Tiperosity assumes no liability or responsibility for any errors or omissions in the content within the Tiperosity Technology. The materials in the Tiperosity Technology may be out of date or inaccurate, and Tiperosity specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the Tiperosity Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that Tiperosity shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Tiperosity. You acknowledge and agree that Tiperosity shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Tiperosity Technology provided by any other user of this Web site or any third party licensors or suppliers of Tiperosity.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Tiperosity Technology, and no warranties shall apply after such period.
Limitation of Liability
NEITHER TIPEROSITY, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE TIPEROSITY TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE TIPEROSITY TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE TIPEROSITY TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE TIPEROSITY TECHNOLOGY; THE LINKING TO OTHER WEB SITES FROM THE TIPEROSITY TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEB SITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE TIPEROSITY TECHNOLOGY WHETHER OR NOT TIPEROSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL TIPEROSITY’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO TIPEROSITY FOR ACCESS AND USE OF THE TIPEROSITY TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH TIPEROSITY TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($3.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to Tiperosity Technology
You shall be responsible for obtaining access to the Tiperosity Technology and for all equipment necessary to access the Tiperosity Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Tiperosity Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Tiperosity Technology and to select a unique username and password in order to be able to access your account and use any of the Tiperosity Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Tiperosity in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to firstname.lastname@example.org.
The Tiperosity Technology resides on the public internet. Tiperosity uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Tiperosity and any information stored on servers controlled by Tiperosity. Notwithstanding these efforts, Tiperosity cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Tiperosity Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Tiperosity Technology, overloading, "flooding," "mailbombing" or "crashing" the Tiperosity Technology. Violations of system or network security may result in civil or criminal liability. Tiperosity reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Subject to the terms and conditions set forth herein, you may use the Tiperosity Technology only for lawful purposes. The Tiperosity Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the Tiperosity Technology and to your Submission.
You agree to indemnify, defend, and hold harmless Tiperosity, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Tiperosity Technology; and (d) any use of your Submission by Tiperosity or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.
You agree that Tiperosity, at its sole discretion, may terminate or suspend your access to and use of the Tiperosity Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Tiperosity believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Tiperosity reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Tiperosity Technology (or any part thereof) without notice. You agree that Tiperosity shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Tiperosity Technology. Your obligations under this Agreement shall continue even after Tiperosity has terminated and/or cancelled this Agreement or your access to the Tiperosity Technology.
Products sold from this Web site may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Tiperosity reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications
The Tiperosity Technology (including, but not limited to, this Web site) attempts to display product images shown through it as accurately as possible. However, Tiperosity is not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the Tiperosity Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the Tiperosity Technology (including, but not limited to, this Web site) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content
This Web site is operated in the States of Nebraska and California, inside the United States of America, and Tiperosity makes no representation that the content provided through the Tiperosity Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our Tiperosity Technology (including, but not limited to, this Web site) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Tiperosity Technology, you may not view or use the Tiperosity Technology.
This Agreement shall be governed and construed in all respects by the laws of the State of Nebraska, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Tiperosity Technology, and purchases of products and/or services through the Tiperosity Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Nebraska, the State of California, or United States District Court for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Web site. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Tiperosity Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, Tiperosity has designated the person listed below as its agent to receive notifications of alleged copyright infringement on this Web site. Tiperosity respects the intellectual property of others, and asks our users to do the same. 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 provide Tiperosity's Copyright Agent the following information (the "Notice"): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Tiperosity Technology; (d) your address, telephone number and email address; (e) 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 (f) a statement by you, made under penalty of perjury, that the 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.
Tiperosity' Agent for Notice of claims of copyright or other intellectual property infringement can be contacted at:
Order of Preference
This Agreement governs your use and access to the Tiperosity Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Tiperosity. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Web site or within the Tiperosity Technology, conflicts with any provision of your other agreements with Tiperosity, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Web Sites
Revisions and Consents
Tiperosity reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Tiperosity also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Tiperosity Technology (including, but not limited to, on this Web site). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Web site. By continuing to enter this Web site and/or using the Tiperosity Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
18 U.S.C. Section 2257 Compliance Notice
All pictures, graphics, videos or other visual media displayed on this Web site are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The owners and operators of this Web site are not the primary producer (as that term is defined in 18 USC section 2257 or subsequent case law defining such) of any of the visual content contained in the Web site.
This Agreement constitutes the entire agreement between you and Tiperosity with respect to the subject matter addressed herein, and governs your access to and use of the Tiperosity Technology, superseding any prior agreements between you and Tiperosity relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Tiperosity pursuant to your enrollment and/or participation in other features of the Tiperosity Technology.
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the Parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Omaha in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
Tiperosity’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Tiperosity may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Tiperosity. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.