Tizags Terms of UseBy using Tizags (the "Service"), you accept and agree to the following terms and conditions (the "Terms of Use"). Any new features that augment or enhance the current Service shall also be subject to these Terms of Use. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries. 1. Description of ServiceThe Service contains collections of links to third party websites tagged and annotated by you and other users. In addition to these links available for your searching, the Service enables you to save and filter links according to a variety of criteria. The Service will be in a continuous state of improvement. It may include bugs and may be modified or terminated at any time for any reason. These changes may be made without notice and may affect your access to information and information that you have submitted. We cannot guarantee that any entries you make will be preserved or that they will be compatible with new versions of the site. 2. Changes to Terms of UseThese Terms of Use are subject to update by Tizags at any time with or without notice. You can review the most current version of it online at any time at tizags.com/tizags-terms-of-use.asp. 3. RegistrationWhen you register for Tizags, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password. You will be responsible for all activities occurring under your username and for keeping your password secure. 4. Use of MaterialsThe content within the Service is protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by Tizags as well as content owned or controlled by third parties. 5. ContentBy using the Service you attest that you understand that all tags, links, annotations and other content (collectively, "Content"), is the sole responsibility of the person from which such Content originated. This means that you are responsible for all Content that you type, tag, link, publish, post, distribute, disseminate or otherwise transmit via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tizags be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted via the Service. You agree that you bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Tizags's Right to Remove Content: You acknowledge that Tizags does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content posted via the Service. If Tizags discovers Content that does not appear to conform to the Terms of Use, Tizags may determine at its sole discretion whether to remove the Content. Tizags will have no liability or responsibility for performance or non-performance of such activities. Requests for Content Removal: You understand that Tizags does not monitor or control the content posted by others. However, if you believe inappropriate Content has been posted, you may use the 'report' feature to flag such content, providing your justification as to why you think the content is inappropriate. Please be aware that Tizags may not be able to review your request promptly and may choose not to remove the Content. Tizags's Right to Revoke User Privileges: Tizags reserves the right to cancel any user's access to the Service for any reason, including its sole discretion that such use is either not in conformity with the Terms of Use, inappropriate, offensive, or not in the best interests of Tizags or its users. 6. Appropriate ConductYou agree that you are responsible for your own Content and postings while using the Service and for any consequences thereof. You agree to use the Service only to post Content that is legal, proper and in conformance with these Terms of Use. You agree that when using the Service you will not:
Tizags, in its sole discretion, reserves the right to determine what Content is legal, proper anmd in conformance with these Terms of Service. 7. Proprietary RightsTizags's Rights: Tizags owns and retains all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Tizags, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Tizags's proprietary information. "Tizags" and associated business marks are trademarks and property of Tizags. Your Rights: Tizags claims no ownership over any Content posted by you on or through the Service. However, by posting Content on or through the Service, you grant Tizags a worldwide, perpetual, non-terminable, non-exclusive, royalty-free license to sell, resell, reproduce, adapt and publish such Content for use in connection with the Service, Other Tizags services, and other third party services, and for the purpose of displaying, distributing and promoting the Service in other Tizags Services and other third party services. This license terminates a reasonable time after the deletion of such Content from the Service. Tizags further reserves the right to use Content in connection with other services offered by Tizags. Digital Millennium Copyright Act: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Notices should be sent to info @ Tizags.com (remove spaces) 8. General Practices Regarding Use and StorageYou agree that Tizags has no responsibility or liability for the failure to store or deletion of any Content posted on the Service. You acknowledge that Tizags has set no fixed upper limit on your use of the Service; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. 9. LinksThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tizags has no control over such sites and resources, you acknowledge and agree that Tizags 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 on or available from such sites or resources. You further acknowledge and agree that Tizags 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 available on or through any such site or resource. 10. AdvertisementsTizags may display advertisements and promotions on the Service. The manner, mode and extent of advertising by Tizags on the Service are subject to change. You agree that Tizags shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Service. 11. User PrivacyAs a condition of using the Service, you agree to the terms of the Tizags Privacy Policy, which may be changed from time to time. You understand and agree that Tizags may access, preserve and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith with the belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Tizags, its affiliates or the public. For a full description of how Tizags maintains the personal information you provide, please see our Tizags Privacy Policy. 12. Disclaimer of WarrantiesTizags disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability or operatability or availability of information or Content displayed on the Service. Tizags disclaims any and all responsibility and liability for your conduct and for the conduct of others using the Service. The Service and all content, information, including, without limitation, any information or content obtained or accessed through the service, products and services included therein are provided "as is," with no warranties whatsoever. Tizags expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. 13. Hold Harmless and IndemnityYou agree to hold harmless and indemnify Tizags from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Tizags will provide you with written notice of such claim, suit or action. 14. Limitation of LiabilityUnder no circumstances will Ttizags be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the service, whether or not Tizags has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service, and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. Under no circumstances shall Tizags be liable to you for any monetary amount. 15. Termination of UseThese Terms of Use will apply to your use of the Service. You may terminate your use of the Service immediately at any time by simply discontinuing your use of the Service or by contacting info@Tizags.com. We may terminate your use of the Service immediately, at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Tizags reserves the right to continue to use any Content posted by you. 16. NoticesTizags may provide you with notices regarding the Service or these Terms of Use by email or postings to this Web site. 17. Miscellaneous ProvisionsThese Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Pasco County, Florida. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Under no circumstances shall Tizags be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Use constitute the entire agreement between you and Tizags with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if it is in writing and signed by a legally assigned representative of Tizags. |