Last Updated: July 26, 2012
1. ACCEPTANCE OF TERMS
3. USE OF THE SITE
TipMine may change, suspend or discontinue the Site including any Content for any reason, at any time. TipMine has the exclusive right to control the accessibility, hours of use, and the features on the Site. TipMine can restrict access to any or all portions of the Site or remove any information or Content from the Site at any time. TipMine may at any time and from time to time to modify or discontinue, temporarily or permanently, providing access and use of the Site or any part of it without notice to you. TipMine shall not be liable to any user or other third party for any such modification, suspension or discontinuance. TipMine may remove any Content and user accounts 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 for no reason at all.
You are solely responsible for providing the equipment related to accessing the Site, including all computer equipment, remote communications equipment, telephone or other equipment.
4. YOUR IDENTIFICATION OBLIGATIONS
We may request that create an account to use or access part or all of the services provided at the Site. We may request that you provide login information such as a username and password to access and utilize your account. You may not (i) select or use as part of your account information a name of another person with the intent to impersonate that person; (ii) use as part of your account information a name or trademark subject to any rights of a person or party other than you without appropriate authorization; or (iii) use as part of your account information a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel or reclaim a username or account at our discretion. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
5. SUBMITTING CONTENT
By submitting or placing any information, data, photographs, images, text, audio, video, hyperlinks, etc. on the Site, in any form whatsoever (together, “Content”), you hereby:
grant TipMine, its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sublicensees and other such parties as TipMine may designate from time to time, which may include any or all other users of the Site, a nonexclusive, royalty free, perpetual, irrevocable, worldwide, sublicensable, transferable license to use, reproduce, copy, modify, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, commercialize, edit, create derivative works from, translate and reformat your Content (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed; to publish your name or username in connection with your Content, at TipMine’s option, and waive your moral rights with respect to any such Content in favor of TipMine, its licensees and sub-licensees. You acknowledge that this license cannot be terminated or the waiver revoked by you once the Content is submitted to the Site;
you grant to TipMine all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party if TipMine deems it damaging to its business.
By accessing and/or using the Site, you hereby:
acknowledge that all Content made available through the Site is the sole responsibility of the person that submitted the Content. YOU ARE USING SUCH CONTENT AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. TipMine does not control the Content provided by others to the Site, and can therefore not guarantee the accuracy, quality, integrity, legality, or ownership of such content;
acknowledge that you may be exposed to Content that you find offensive or indecent, or for which the underlying rights have not been properly obtained;
acknowledge that TipMine assumes no responsibility for Content posted by third parties which is available through Site or the Services made available through Site;
agree that you are solely responsible for your use of the Content and any disputes you may have with others regarding such Content; and
agree that TipMine will not be held liable in any way for the actions of any user of the Site or submission, use, or display of Content submitted by others, including, but not limited to, claims of infringement, defamation, invasion of privacy, violation of rights of publicity, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted on the Site.
6. Prohibited Conduct and Restrictions on Use
Unless you have received prior written authorization from TipMine, users of Site may not:
reproduce, distribute, publicly display or perform, or modify the Content or the Site;
use the Site or Content (other than original Content submitted by you) for commercial use without the prior written authorization of TipMine and any additional copyright holders;
Upload, post, email, otherwise transmit, or post links to material may be unlawful, infringing, offensive, menacing, abusive, defamatory, libelous, threatening, harassing, provocative, obscene or contains pornographic material;
Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity; judged to be inappropriate for children under 18 years old, in TipMine’s sole discretion;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or transmit misleading communications transmitted through Site;
take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
Upload, post, email, otherwise transmit Content, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, otherwise transmit Content or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site; and
Intentionally or unintentionally violate any applicable local, state, national or international law, any rules and regulations having the force of law.
7. TIPMINE’ Obligations
The Site may display links to other World Wide Web sites or resources. Because TipMine has no control over such sites and resources, you acknowledge and agree that TipMine 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 TipMine 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.
9. Expiration or Termination of Access and Participation
You acknowledge that TipMine may disable access to, refuse to post, or modify or remove any information or Content, in whole or in part for any other reason at all.
10. Notice and Procedure for Making Claims of Copyright Infringement.
TipMine respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.
Notifying TipMine of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at [email protected] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a detailed description of where the material that you claim is infringing is located or found on the Site;
your address, telephone number, and email address;
a 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; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing TipMine with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide Site with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at [email protected] that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
11. Warranties and Disclaimers.
You acknowledge that TipMine has no control over, and no duty to take any action regarding: other users’ behavior; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release TipMine from all liability for you having acquired or not acquired Content through Site. TipMine makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through Site, and TipMine will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SITE, ITS COMPONENTS, AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TipMine cannot guarantee that you will obtain the results you seek or warrant that the Site service will be error-free or even available. TipMine makes no representation or warranty of any kind with respect to use of the Site or the use or accuracy of the information on Site.
13. LImitation of liability
In no event shall TipMine or its officers, employees, or agents be liable under contract, tort or strict liability, negligence or other legal theory (i) with respect to the Site, the Service or any content for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
14. TRADEMARKS AND COPYRIGHTS
TIPMINE, and other Site graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of TipMine in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. You should assume that everything contained within the Site, including the Content, is protected by copyright.