Tip n' Tag Terms of Service
Effective: May 1, 2011
These Terms of Service (" Terms ") govern your access to and use of the services, websites, and applications offered by Tip n' Tag (the " Service "). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Use of the Service
You may use the Service only if you can form a binding contract with Tip n' Tag, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, when you create your account on Tip n' Tag.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Tip n' Tag will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to not use Tip n' Tag to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
d. impersonate any person or entity, including, but not limited to a Tip n' Tag official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f. upload, post, email, transmit or otherwise make available any Content 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);
g. 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.
h. 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time or other forms of exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to Tip n' Tag, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law, 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, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
o. You understand that the services and software embodied within Tip n' Tag may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tip n' Tag and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on Tip n' Tag, in whole or in part, is strictly prohibited.
You acknowledge that Tip n' Tag may or may not pre-screen Content, but that Tip n' Tag and its designs shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Tip n' Tag and its designs shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Tip n' Tag or submitted to Tip n' Tag.
You acknowledge, consent and agree that Tip n' Tag may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tip n' Tag, its users and the public.
User Content
" Content " means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service.
Tip n' Tag does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Tip n' Tag the following worldwide, royalty-free and non-exclusive license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users, moderators and administrators of the Service to modify your Content, and for Tip n' Tag to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Tip n' Tag or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Contributions to Tip n' Tag
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Tip n' Tag through its suggestion or feedback webpages, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) Tip n' Tag is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) Tip n' Tag shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Tip n' Tag may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of Tip n' Tag without any obligation of Tip n' Tag to you;
(f) you are not entitled to any compensation or reimbursement of any kind from Tip n' Tag under any circumstances.
Third Party Beneficiaries – Medical and Legal Contributions
All Tip n' Tag users who provide answers to legal or medical questions (or the location of such services) are intended third-party beneficiaries ( “Legal & Medical Contributors” ) of this section of the TOS. The answers on this site are provided by Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no even shall Tip n' Tag or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Tip n' Tag and its Legal & Medical Contributors is advices of the possibility of such damages. Neither Tip n' Tag nor the Legal & Medical Contributors are liable for any personal injury, including death, cause by your use or misuse of the Service or Content.
As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. Tip n' Tag does not endorse or guarantee the completeness, truthfulness, accuracy or reliability of any answers or messages posted by Legal & Medical Contributors, nor does Tip n' Tag endorse any opinions they express.
Answers to Medical Questions
Content posted by medical contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.
If you think you may have a medical emergency, call your doctor or your level emergency number, (911 in the United States) immediately.
1. Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
2. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
3. You should always seek the advice of your physician or other qualified health care professional before starting or changing treatment.
4. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified health care provider.
5. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
6. Content is not regulated by the Food and Drug Administration or any state or national medical board.
Information posted to Tip n' Tag publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.
Answers to Legal Questions
Content posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney license in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in find an attorney.
Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No actions should be taken, delayed, or deferred based on the Content.
1. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or discontinue or forego any representation adverse to your interests.
2. You should not delay or forego seeking such legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
3. Content is not regulated by any state or national bar association.
4. Information posted to Tip n' Tag publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish an attorney-client relationship without the express consent of the Legal Contributor.
Indemnity
You agree to indemnify and hold Tip n' Tag and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Service, your connection to Tip n' Tag, your violation of the TOS, or your violation of any rights of another.
No Commercial Reuse of the Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (including Content, advertisements, Software and your user ID).
Termination
You may terminate your Tip n' Tag account, any associated email address and access to the Service by submitting such termination request to Tip n' Tag.
You agree that Tip n' Tag may, without prior notice , immediately terminate, limit your access to or suspend your Tip n' Tag account, any associated email address, and access to the Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Service. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Tip n' Tag’s sole discretion and that Tip n' Tag shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Termination of your Tip n' Tag account includes any or all of the following: (a) removal of access to all or part of the offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Service.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tip n' Tag shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Tip n' Tag 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, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tip n' Tag shall not be responsible or liable, directly or indirectly, for any damage or loss 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.
Tip n' Tag’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with Tip n' Tag ( "Software" ) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Tip n' Tag or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service, such Content or the Software, in whole or in part.
Tip n' Tag grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree to not modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Tip n' Tag for use in accessing the Service.
Disclaimer of Warranties
You expressly understand and agree that:
a. Your use of the Service and software are at your sole risk. The Service and software are provided on an “as is” and “as available” basis. Tip n' Tag and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
b. Tip n' Tag and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service or Software will meet your requirements; (ii) the Service or Software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service or Software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service or Software will meet your expectations; and (v) any errors in software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the Service or Software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material
d. No advice or information, whether oral or writer, obtained by you from Tip n' Tag or through or from the Service or Software shall create any warranty not expressly stated in the TOS.
e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use following symptoms while using the Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.
Limitation of Liability
You expressly understand and agree that Tip n' Tag and its subsidiaries, affiliates, officers, employees, agents partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tip n' Tag has been advised of the possibility of such damages), result from:
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the Service; or
(e) any other matter relating to the Service.
Exclusions and Limitations
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 above limitations within the “Disclaimer of Warranties” and “Limitation of Liability” may not apply to you.
No Thirty-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Notice
Tip n' Tag may provide you with notices, including those regarding changes to the TOS, including but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Trademark Information
You agree that all of Tip n' Tag’s trademarks, trade names, service marks and other Tip n' Tag logos and brand features, and product and service names are trademarks and the property of Tip n' Tag Inc. (the “Tip n' Tag Marks” ). Without Tip n' Tag’s prior permission, you agree not to display or use in any manner the Tip n' Tag Marks.
General Information
Entire Agreement . The TOS constitutes the entire agreement between you and Tip n' Tag and governs your use of the Service, superseding any prior version of this TOS between you and Tip n' Tag with respect to the Service.
Choice of Law and Forum . You and Tip n' Tag each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Tip n' Tag, shall be brought exclusively in the courts located in the county of Hillsborough, Florida. You and Tip n' Tag agree to submit to the personal jurisdiction of the courts located within the county of Hillsborough, Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms . The failure of Tip n' Tag to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability\ . You agree that your Tip n' Tag account is non-transferable and any rights to your contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations . 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Deactivation
In order for a user to deactivate an account they initiated, they must enter into their account settings and click the deactivate tab. Clicking the deactivate button will then immediately remove their information from being visible to any public users regardless of whether or not they are signed in or visiting the platform as guests.
Violations
Please report any violations of the TOS to our Customer Care (support@tipntag.com) team.