www.tinshingle.com (the “Site”) is a membership service for small businesses, artists and entrepreneurs that allows members to create unique personal profiles online in order to find and communicate with one another, and for readers to learn and download information about building buzz.
These Terms of Use constitute a binding agreement between you and Tin Shingle (the “Company”), the operator of the Site. By using the Site or any of the services provided thereon, you agree to abide by these Terms of Use, as may be amended by the Company from time to time in its sole and absolute discretion. The Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.
These Terms of Use apply whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have joined the Site’s network by registering and paying a fee). The term “User” refers to a Visitor or a Member.
A. Eligibility
By using the Site, you represent and warrant that (a) all registration and profile information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 18 years of age.
B. Password
If you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
C. User Content
By posting, downloading, displaying, performing, transmitting, or otherwise distributing any text, files, images, photos, video, sounds, works of authorship or other content (”User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use such User Content in connection with the operation of the Site, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content.
You are prohibited from posting User Content that:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. promotes an illegal or unauthorized copy of another person’s copyrighted work, or otherwise violates or infringes another person’s intellectual property rights;
6. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
7. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8. solicits passwords or personal identifying information for unlawful purposes from other Users; or
9. includes a photograph of another person that you have posted without that person’s consent.
The Company reserves the right to delete any User Content that in the sole judgment of the Company is offensive, illegal or otherwise violates the rights of, harms, or threatens the safety of, any person. Notwithstanding the foregoing, the Company assumes no responsibility for monitoring the Site for inappropriate User Content or User conduct. In the event that the Company does choose, in its sole discretion, to monitor the Site, the Company nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
D. Other Prohibited Conduct
In addition, you may not:
1. cover or obscure the banner advertisements on your personal profile page, or any Site page via HTML/CSS or any other means;
2. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
3. impersonate another Member or person;
4. use the account, username, or password of another Member at any time or disclose your password to any third party or permitting any third party to access your account;
5. access content or data not intended for you;
6. attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
7. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site;
8. sell or otherwise transfer your profile; or
9. accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
E. Your Representations and Warranties and Indemnification Obligations Concerning User Content
You represent and warrant that you own, are licensed to post, or otherwise have a legal right to post all User Content that you post on the Site, and that your posting of such User Content on the Site does not violate the publicity, privacy, or contractual rights of any person. You agree to indemnify and hold the Company harmless from and against and in respect of any and all damages, losses, expenses (including reasonable attorney’s fees, court costs and investigation expenses), liabilities, settlement and claims to the extent relating to or arising out of your posting of User Content on the Site.
F. Copyright Policy
It is the policy of the Company to terminate Membership privileges of any Member who infringes the copyright rights of others. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent (identified below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on tinshingle.com; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 authorized to act on the copyright owner’s behalf. The Site’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Katie Hellmuth Martin, 77 W. 104th St., New York, NY 10025; and email: info@tinshingle.com.
G. Member Disputes and Alleged Violations
You are solely responsible for your interactions with other Members. The Company reserves the right to terminate your use of the Site. To ensure that Company provides a high quality experience for you and for other users of the Site, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site by others.
H. Privacy
Use of tinshingle.com is also governed by our Privacy Policy [link], which is incorporated into these Terms of Use by this reference.
I. Purchases
In the event that you purchase a good or service from the Site, you agree to pay the Company the applicable fees and in the applicable currency set forth for such goods or services at the time of you request the good or service from the Site (including all applicable taxes). All sums due and payable that remain unpaid after any applicable cure period will accrue interest as a late charge of 1.5per month or the maximum amount allowed by law, whichever is less. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in connection with any collection efforts.
J. Limitation on Liability
THE SITE AND ALL CONTENT AND SERVICES PROVIDED BY THE COMPANY VIA THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED ON THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A CONDITION PRECEDENT TO YOUR RIGHT TO ACCESS AND USE THE CONTENT OF THE SITE. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN THE COMPANY AND YOU.
K. Affiliated Sites
The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
L. Indemnity
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
M. No License
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
N. Other
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. The Company’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
All contents of Site: Copyright © 2008 Tin Shingle All rights reserved. [Tin Shingle is a trademark of Tin Shingle LLC]
