TERMS OF SERVICE
Welcome to Tint (http://tintup.com). The http://tintup.com website
and services collectively, including all content and functionality available
through the http://www.tintup.com domain name, the "Tint Website" or
the "Site") is comprised of various web pages operated by Hypemarks, Inc. ("Tint”) This Terms of Service
("Terms of Service" or "Agreement") is a legal agreement
between Tint and you that governs your use of the products and services
available through the Site (the "Service").
We may modify this agreement at any time, in our sole discretion. These changes become effective immediately upon posting and your continued use or access of the Site and/or the services shall be deemed your conclusive acceptance of the modified agreement. Please review this Terms of Service from time to time so that you will be apprised of any changes.
1. Description of the Service
Tint is a social media aggregation tool that collects social posts from multiple networks for people and companies to embed into their website (the "Service").
2. Service Terms and Limitations
License. Your access to the Service is
licensed and not sold. Subject to the terms of this Agreement and upon your
registration for a Tint Account, (i) Tint hereby grants you a revocable, non-exclusive, non-transferable
account enabling you to access and use the Service and the Site. All Tint
content that is made available to view and/or download in connection with the
Service is owned by and is the copyrighted work of Tint and/or its suppliers
and is licensed, not sold.
2.2 Proprietary Rights. Except for the limited licenses expressly granted herein, Tint expressly reserves all right, title and interest in and to the Service, the content of the Site, and all processing, analytics, and other software and technology used by Tint in the provision of the Service (collectively, the "Tint Technology"), including, without limitation, any derivatives, improvements, enhancements or extensions of the Tint Technology conceived, reduced to practice or otherwise developed on or on behalf of Tint, all of which are valuable assets of Tint, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto. All content on the Site, including text, graphics, logos, icons, images, and video clips, is the exclusive property of Tint or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Tint and is also protected by U.S. and international copyright laws. The content on the Site may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited. "Hypemarks, Inc.", "Tint", and www.tintup.com are trademarks of Tint protected by federal and state law. You agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise. Furthermore, you will not, nor will you allow or direct any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate or use any content on the Site without the express prior written consent of Tint. Any unauthorized or prohibited use of the contents on the Site may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws.
2.3 Restrictions. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us email@example.com. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code. Furthermore, you shall not: (i) use, or allow the use of, the Service, except pursuant to the limited rights expressly granted in this Agreement; (ii) attempt to reverse engineer, hack into, or compromise any aspect of the Tint Technology, or attempt to access data of any other user of Tint; (iii) use, reproduce, modify or create derivative works of the Tint Technology; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Tint; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (vi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service; or (vii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Tint Technology, including, but not limited to, by sharing your access username and/or password.
3. User Representations; User Agreement
3.1 User Representations. To access the Service, you must create a Tint Account by
completing the registration process. In registering for a Tint Account you
represent that: (a) you are at least thirteen (13) years old and that you, or
if you are registering on behalf of a person or entity, are authorized to
register for the Service; (b) all information provided to Tint is true and
accurate; (c) you will maintain the accuracy of such information; and (d) your
use of the Service does not violate any applicable law or regulation.
3.2 User Agreement. You expressly agree: (i) that Tint has the right to suspend and/or terminate your account and refuse any and all current or further use of the Service if Tint determines, in its sole discretion, that any information you provide is untrue, inaccurate, not current and/or incomplete; (ii) to protect your username and password at all times; (iii) to notify Tint immediately of any unauthorized use of your account or any other need to deactivate your username and/or password due to security concerns; and (iv) that Tint shall not be responsible for unauthorized access to or alteration of your data. Your username and password are personal to you and under no circumstances may you allow any others to use your username and/or password. We are not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, Tint may find it necessary to access your account. For instance, Tint may access your account for support, maintenance or security-related reasons. In such event, Tint will, if possible, provide you notice of its intent to use your username and password to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
5. User Submissions
5.1 Submitted Content. You are solely responsible for the information,
and other content that you upload, publish or display (hereinafter, “post”)
on the Site (collectively, the “Submitted Content”). Tint cannot and does not
screen content provided by you to the Site or through the Service.
Notwithstanding the foregoing, Tint reserves the right to monitor content on
the Site and to remove content, which Tint, in its sole discretion, determines
to be harmful, offensive, or otherwise in violation of this Agreement or Tint’s
operating policies for users of the Site (“Users”). You warrant, represent and
agree that you will not contribute any Submitted Content or otherwise use the
Site in a manner that (i) infringes the intellectual
property rights or proprietary rights, or rights of publicity or privacy, of
any third party; (ii) violates any law, statute, ordinance or regulation; (iii)
you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, or
otherwise objectionable; (iv) adversely affects or reflects negatively on Tint’s
goodwill, name or reputation or causes duress, distress or discomfort to Tint
or anyone else, or discourages any person, firm or enterprise from using all or
any portion, feature, or function of the Site, or from advertising, liking or
becoming a supplier to use in connection with the Site; (v) send or result in
the transmission or junk e-mail, chain letters, duplicative or unsolicited
messages, or so-called “spamming”; (vi) transmit, distribute or upload programs
or material that contain malicious code, such as viruses, timebombs,
cancelbots, worms, trojan
horse, spyware, or other potentially harmful programs or other material or
information; (vii) falsely report to an employee or agent of Tint; (viii)
circumvent, disable or otherwise interfere with security-related features of
the Site or its features that prevent or restrict use or copying of any
content; (ix) intercept or attempt to intercept email or other private
communications not intended for you; and/or (x) causes the Site to be used for
commercial or business purposes, including, without limitation, advertising,
marketing, or offering goods or services, whether or not for financial or any
other form of compensation or through linking with any other website or web
pages. While it is not the intent of Tint to discourage you from reporting
problems about the Tint Service, nonetheless, Tint reserves the right to take
such action as it deems appropriate and/or to remove any content from the Site
at any time, for any reason (including, but not limited to, upon receipt of
claims or allegations from third parties or authorities relating to such
content or if Tint is concerned that you may have breached the immediately
preceding sentence), or for no reason at all.
5.2 License Grant. By posting any Submitted Content on publicly accessible locations on the Site, you automatically grant (or warrant that the owner of such content has expressly granted) to Tint a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Site, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You agree that you shall have no recourse against Tint for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that no compensation will be paid with respect to the use of your comments, as provided herein, that Tint may remove any comment at any time in its sole discretion. Further, when you post any Submitted Content on the Site, you authorize and direct Tint to make such copies thereof as Tint deems necessary in order to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content you post from the Site at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire, however you acknowledge that Tint may retain archived copies of the Submitted Content.
You agree to indemnify, hold harmless and defend Tint, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Tint or any of its subsidiaries, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Tint or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your posting of any Submitted Content, or (iv) your unauthorized use of the Tint Technology. In such a case, Tint will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Tint reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
7. Waiver and Release
YOU AGREE THAT NEITHER TINT, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICE, OR ANY TINT TECHNOLOGY. YOU SPECIFICALLY ACKNOWLEDGE THAT TINT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF TINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICE, OR THE TINT TECHNOLOGY.
8.1 Disclaimer of Warranties. Tint does not represent or warrant that (a) the Service will be
error-free or accessible at all times, (b) defects will be corrected, (c) the
Service or the server that makes it available, are free of viruses or other
harmful component, or (d) the use or the results of the use of the Service or
the materials made available as part of the Service will be correct, accurate,
timely, or otherwise reliable. Tint does not guarantee, and shall have no
liability for, any Service down time (i) caused by
outages to any public Internet backbones, networks or servers, (ii) caused by
any failures of your equipment, systems or local access services, (iii) for
previously scheduled maintenance, or (iv) relating to events beyond Tint’
control such as, but not limited to, strikes, riots, insurrection, fires,
floods, explosions, war, governmental action, labor conditions, earthquakes,
natural disasters, or interruptions in Internet services to an area where Tint
or your servers are located or co-located.
YOU USE THE SERVICE, THE TINT TECHNOLOGY AND THE SITE AT YOUR SOLE RISK. THE SERVICE, THE TINT TECHNOLOGY AND THE SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TINT, OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE TINT TECHNOLOGY AND THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. TINT DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. ALL MATERIALS DOWNLOADED AND/OR OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY DAMAGE, TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
9. Limitation of Liabilities
YOU AGREE THAT NEITHER TINT NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF TINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
10. Copyright or Intellectual Property Infringement Notification.
Tint respects the intellectual property rights of others. You can
notify Tint of possible copyright infringement, and Tint will review all claims
of copyright infringement received and remove content deemed to have been
posted or distributed in violation of any such laws. To make a claim, please
provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(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 is infringing is located on the Site reasonably sufficient to permit Tint to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act. Claims can be sent to firstname.lastname@example.org or to Hypemarks, Inc., 130 W. Union St. Pasadena, CA 91103
11. Term and Termination
11.1 Either you or Tint may terminate
this Agreement at any time and for any reason. In addition, this Agreement will
terminate immediately, without notice, if you fail to comply with the terms of
this Agreement. Upon any termination of this agreement, (Tint will cease
providing the Service.
11.2 The provisions of Sections 2.2 (Proprietary Rights), 3 (User Representation; User Agreement), 5 (User Submissions), 6 (Indemnification), 7 (Waiver and Release), 8 (Disclaimers), 9 (Limitation of Liabilities), 11.2, and 12 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed under the laws
of the state of California without reference to its conflict of law principles.
You agree that any legal action or proceeding between Tint and you for any
purpose concerning this Agreement, and any other related agreements with Tint,
or the parties' obligations hereunder shall be brought exclusively in a court
of competent jurisdiction sitting in Los Angeles County, California, United
States. Any cause of action or claim you may have with respect to Tint must be
commenced within one (1) year after the claim or cause of action arises. If any
action in law or in equity is necessary to enforce the terms of this Agreement
entitled to reasonable fees of attorneys, accountants, and other professionals,
and costs and expenses in addition to any other relief to which such prevailing
party may be entitled. Both parties agree that this Agreement, along with Tint’s
understanding of the parties and supersede and cancel all previous written and
oral agreements, communications and other understandings relating to the
subject matter hereof, and that all modifications must be in a writing signed
by both parties, except as otherwise provided herein. A waiver of any default
is not a waiver of any subsequent default. You may not assign or otherwise
transfer any of your rights hereunder without Tint’s prior written consent, and
any such attempt is void. If any provision of this Agreement and/or Tint’s
limited or eliminated to the minimum extent necessary so that these Terms of
Service shall otherwise remain in full force and effect and enforceable. No
agency, partnership, joint venture, or employment is created as a result of
of any kind to bind Tint in any respect whatsoever. This Agreement shall be
binding upon and inure to the benefit of the respective successors and assigns
of the parties hereto. No provisions of this Agreement are intended, nor will
be interpreted, to provide or create any third party beneficiary rights or any
other rights of any kind in any user, client, customer, affiliate, or any party
hereto or any other person unless specifically provided otherwise herein, and
except as so provided, all provisions hereof will be personal solely between
the parties to this Agreement; except that Sections 6, 7, and 9 are intended to
benefit Tint and its officers, directors, employees, agents, licensors, and
suppliers. Tint may assign its rights and duties under this Agreement to any
party at any time without notice to you.
This Agreement was last modified on October 29, 2012.