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TipTap INC Terms of Use

Last updated: June 15th, 2011

Welcome to the TipTap website. We, TipTap INC ("TipTap" "we" or "us" or "our"), provide services to you through this website and associated and successor websites and services (collectively referred to in these Terms of Use as "TipTap", the "Site" or the "Services") subject to the following terms ("terms", "Agreement", "Terms of Service" or "Terms of Use"). If you visit or use TipTap, you are signifying that you accept these terms. Please read them carefully. If you do not accept these terms, you may not use TipTap.

An explanation of Tipping

You may lose access to Tips including, without limitation, if you violate these terms, or if you close your TipTap account.

You agree that TipTap has the absolute right to manage, regulate, control, modify and/or eliminate Tips as it sees fit in its sole discretion.

It is a violation of these terms to use "tipping" to sell, purchase or trade Tips with other TipTap users as part of an outside arrangement, except through the Tip Transfer option.

All Tipping transactions are subject to review or cancellation for misuse by TipTap staff at any time.

Tip any answer or comment. You can give a tip to the author of any answer or comment you find particularly helpful. If your answer to a question receives a Tip, we will deposit the tip into your TipTap account, subject to these terms.

Your Profile

You understand that any information you enter into your TipTap profile may be seen by other users of TipTap. You have the ability to limit viewable information by adjusting your privacy settings

Without limitation to any other provision of these terms, you agree to accept all liability arising as a result of any party's use of your profile information to identify you.

General Terms and Restrictions

You must follow and abide by all stated policies;

  • You must be at least 13 years of age to use or participate on TipTap.
  • If you sign-up for an Account, you must provide accurate and complete registration information.
  • Multiple accounts will lead to your being banned from TipTap.
  • You must not use the Services to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • You are responsible for any activity that occurs under your username and you are responsible for keeping your password secure.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, or links ("Content") that you submit, post, display and/or distribute on or through the Services, and for ensuring that it adheres to the Posting Guidelines;
  • You must not modify, adapt, reverse engineer, or hack the Site or the Services (including any of its subpages or software provided on or through the Site) or modify another website so as to falsely imply that it is associated with TipTap;
  • You must not create or submit unwanted email to any of TipTap's members ("Spam");
  • You must not transmit any worms or viruses or any code of a destructive nature;
  • You must not use the Services for any illegal or unauthorized purpose; International users agree to comply with all local laws regarding online conduct and acceptable content;
  • You must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws).

While TipTap prohibits such conduct and content on its Site, you understand and agree that TipTap cannot be responsible for the Content posted on its Site by members, and you nonetheless may be exposed to such materials and that you use the Services at your own risk.

  • We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment;
  • We may, but have no obligation to, remove Content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  • These Terms of Services are effective as of the time you first access the Site and shall continue in full force and effect until terminated as follows:
    • You may terminate your TipTap Account for any reason. In the event you have registered for a TipTap Account to use the Services, once you terminate your membership, you shall have no further rights or privileges to use the Services; or
    • TipTap may terminate your TipTap Account and access to or use of the Services for any reason or no reason, with or without notice, at any time.

Termination, Modification, Cancellation

Violation of any of these terms will result in the termination of your TipTap account. We reserve the right to suspend or terminate your TipTap account if we suspect that you have violated these terms or otherwise feel it is in the best interest of TipTap or its users.

We may modify or cancel TipTap at anytime.

As noted above, if your TipTap account is terminated or TipTap is cancelled, you will lose access to your Tips, and if we modify TipTap you may lose access to your Tips.

Our Proprietary Rights

  • TipTap's Trademarks. Unless there is a written agreement between you and TipTap, you understand and agree that nothing in these Terms of Service gives you the right to use TipTap's trademarks, trade names, service marks, logos, domain names, and any other distinctive brand features;
  • By submitting any Content to the Site, you agree to grant TipTap and its users permission to access and use your Content; provided, however, that any submitted Content shall be subject to the linked Posting Guidelines.
  • You hereby grant to TipTap a non-exclusive, worldwide, assignable, sub-licensable, royalty-free license to publish, use, reproduce, distribute, transmit, adapt, modify, create derivative of, provide user access to, publicly perform and publicly display, in every manner and medium now or hereafter known, any and all Content (in whole or in part) solely for the purpose for which such Content was submitted.
  • Your Comments - by submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to TipTap through the Services, you agree to grant TipTap permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide. In order to allow TipTap to use your User Comments, you acknowledge and agree that:
    • TipTap is not under any obligation of confidentiality, express or implied, with respect to such User Comments;
    • TipTap may have under consideration or in development something similar to such User Comments already;
    • You are not entitled to any compensation or reimbursement of any kind from TipTap under any circumstances for such User Comments.

Temporary Hold on Accounts

In our sole discretion, we reserve the right to place a temporary hold on your account if we have reason to believe that Tips were received under suspicious circumstances or that the tips were received from a suspect customer account.

We will continue to investigate the matter until we reach an adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make every commercially reasonable effort not to exceed sixty days hold on your account as we investigate.

In addition, we reserve the right to remove "earned" tips from your account to compensate for fraud.

Inactive Accounts

If you have not logged into your account in 3 months, your account will be considered inactive. You accumulated Tips will be returned to TipTap INC when you account is deemed inactive.

Disclaimers

Not Professional Advice Information provided via the Services is not intended to substitute for informed medical, psychiatric, psychological, financial, legal, investment, accounting, or other professional advice.

Confidentiality; Use of Information The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith;

No Reliance on Term "Expert Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering your question has any expertise or qualifications to give such advice. You acknowledge that TipTap has not and cannot independently verify their qualifications.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to disclose how we collect and use your content and information. We encourage you to read the Privacy Policy to help you understand your rights. Our Privacy Policy is incorporated into and a part of these terms, so by using TipTap you are agreeing to our Privacy Policy.

Legal Rights

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN OUR JURISDICTION WILL APPLY TO YOU, AND TIPTAP'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.

  1. DISCLAIMER OF WARRANTIES.
    • TIPTAP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES.
    • TIPTAP DISCLAIMS
      • ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE OR ANY OF ITS SUBPAGES;
      • ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE SITE;
      • ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND
      • ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SITE OR ANY OF ITS SUBPAGES.
    • YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIPTAP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
  2. LIMITATION OF LIABILITY
    • UNDER NO CIRCUMSTANCES WILL TIPTAP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITE, THE SERVICES, THE USE OF THE SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION:
      • YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES;
      • ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR THE SERVICES;
      • ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA;
      • ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED;
      • ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR THE SERVICES; OR
      • ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT TIPTAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TIPTAP, THE SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
    • IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.
    • IF NOTWITHSTANDING THE FOREGOING IT IS DETERMINED THAT WE HAVE LIABILITY TO YOU, OUR ENTIRE LIABILITY TO YOU WILL BE LIMITED TO ACTUAL DIRECT DAMAGES, WHICH IN ANY EVENT WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR TIPS IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Indemnification

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY TIPTAP, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) ARISING IN CONNECTION WITH YOUR USE OF TIPTAP.

APPLICABLE LAW

By visiting TipTap, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TipTap.

ENTIRE AGREEMENT; AMENDMENT

These terms, including the Privacy Policy, constitute the entire agreement between you and TipTap with respect to its subject matter. Except as expressly provided in these terms, these terms may be modified only by a written instrument duly executed by an authorized officer of TipTap.