TERMS OF SERVICE
Effective: September 11, 2015
Updated: November 8, 2015
These Terms constitute a binding agreement between you and Tinsel Inc. and its affiliates and subsidiaries (“Tinsel,” “Tinsel’s” “we,” “us”, or “our”). “You” , “Your”, and “users” mean all visitors to the Service. You accept these Terms every time you use the Service. If you do not accept these Terms, then you must not use the Service.
These Terms may change from time to time and your continued use of the Service constitutes acceptance of such changes. Please check these Terms periodically for updates.
II. The Service:
Definition. Tinsel is creating tech jewelry that allows women to enjoy technology without sacrificing their style. We thank you for your interest in our anticipated product (collectively our “Anticipated Product” or “Anticipated Products”). The “Websites” are the online web and mobile service sites we make available, including the website located at https://www.Tinsel.me (collectively, the “Websites”). You can learn about our Anticipated Products by visiting the Websites or by subscribing to or receiving the Tinsel Newsletter (the “Newsletter”), an email newsletter that is sent out to Tinsel subscribers. These Terms refer to the Anticipated Products, Websites, and Newsletter (collectively, our “Service”).
Eligibility. You may access and use the Service if you are age 18 or over.
Children: IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ELIGIBLE TO USE THE OUR SERVICE. PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Adults may also enter into these Terms on behalf of a under-18 child, or an under-18 child for whom the adult serves as legal guardian, so long as any such child is above the age of 13 (each, your “Minor Child”). If you are an adult who authorizes your Minor Child to use the Service, then you are solely responsible and liable for ensuring your Minor Child’s full compliance with these Terms, and you hereby agree to bind your Minor Child to these Terms. You fully agree to indemnify, release, and hold harmless Tinsel if your Minor Child breaches or disaffirms any term or condition of these Terms. Any Minor Child who uses the Service as authorized by you is considered “you” or “your” as defined under these Terms.
Term and Termination. The term for your use of the Service will commence on the date on which you use the Service. The term will continue until you or Tinsel terminate your use of the Service. You may terminate your use of the Service by discontinuing your use of the Websites or unsubscribing from the Newsletter.
Effects of Termination. The provisions of the Terms that are intended to survive the termination of the Terms by their nature will survive the termination of the Terms.
III. Information Provided By The Service:
All information provided by the Service is subject to change at anytime without notice, at our sole discretion.
IV. Your Personal Information & Communications from Tinsel:
Subscription to Newsletter. To receive the Newsletter, you will need to subscribe using your email address. You represent and warrant you are over 18 years of age, legally authorized to provide the email address used to subscribe to the Newsletter, and the email address that you provide Tinsel is true, accurate, current, and complete.
Consent to Tinsel’s Communications. Your use of the Service constitutes consent to Tinsel’s communicating with you by email or posting notice on the Service for customer service-related purposes, the Newsletter, or for security, privacy, and administrative issues relating to your use of the Service. You have a legal right to receive free written notice of a security breach or to withdraw your consent from receiving electronic notice. To effectuate these rights, please inform Tinsel at support@Tinsel.me or utilize the opt-out options included in Tinsel’s communications.
V. Tinsel’s Content, Ownership, and Use:
Tinsel Content. The Service may include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Tinsel content (collectively, “Tinsel Content”). All Tinsel Content and the compilation (meaning the collection, arrangement, and assembly) of all Tinsel Content are Tinsel’s or its licensors’ sole property and are protected under copyright, trademark, and other laws. Unauthorized use of the Tinsel Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Tinsel Content on any copy you make of the Tinsel Content.
Grant of Limited License. We authorize you, subject to your continued compliance with these Terms, to access and use the Service and all Tinsel Content for the sole purposes of providing you information about Tinsel’s Anticipated Products. Any other use is expressly prohibited, including but not limited to the use of Tinsel Content for your own or another’s commercial benefit, gain, or profit. This license is non-exclusive, revocable at any time without notice and with or without cause, and personal to you. You may not transfer or sublicense your license rights to any other person or entity. This license automatically terminates upon the termination of these Terms. Except for the limited license granted to you in this Section, Tinsel retains exclusive ownership of all rights, title and interest (including intellectual property rights) in the Service and Tinsel Content.
Tinsel’s Marks. Tinsel, the Tinsel logo, and other Tinsel logos and product and service names are or may be Tinsel’s trademarks (the “Tinsel Marks”). Without our prior express written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Tinsel Marks.
VI. Your Feedback:
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions on how to improve or enhance the Service, inventions or materials, despite what your message may say, (collectively, “Feedback”):
- You hereby grant to us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free and unlimited license to use the Feedback, whether written or oral, in any manner whatsoever;
- We will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
- We will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- You hereby warrant and represent that Feedback does not violate the right, title and interest of any third party, including but not limited to intellectual property, proprietary or moral rights, and that you are legally authorized to provide Tinsel the Feedback.
VII. Limitations and Prohibitions of These Terms:
You agree to use the Service solely as intended through the provided functionality and as permitted under these Terms. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must comply with the following:
- Unless expressly permitted in these Terms, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Tinsel’s prior express written authorization.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Tinsel Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Tinsel Content available on or through the Service.
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Tinsel Content available on or through the Service, or any portion thereof, through any other application or website.
- You agree not to provide any false personal information to Tinsel or create a false identify or impersonate another person or entity in any way.
- You agree not to create a new subscription with Tinsel, without Tinsel’s prior express written consent, if Tinsel has previously discontinued your use or subscription to the Service.
- You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
- You agree not to use the Service to build a competitive product or service.
- You agree not to use the Service for your own commercial use or economic gain.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
VIII. Consequences of Violating These Terms:
If you do not act accept and/or comply with these Terms, we may prohibit your use of the Service. We reserve the right to suspend or terminate your account and prevent you from accessing the Service for any reason, at our sole discretion. We reserve the right to refuse to provide the Service to you in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or by others caused by or arising out of your breach of these Terms and your use of the Service.
IX. Disclaimer of Warranties:
You use the Service at your own risk. We make no warranties or guarantees about the accuracy, reliability, completeness, or timeliness of the Service, Tinsel’s Content, data from third-party service providers, or the quality or nature of third-party products or services obtained or accessed through the Service.
“Released Parties” include Tinsel and its affiliates, officers, employees, agents, partners, licensors, and successors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER DEVICE OR THE LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
X. Limitation of Liability:
Suspension of Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service, without notice or liability to you.
Third Party Disputes. We are not responsible or liable for any disputes or disagreements between you and any third-party in connection with your use of the Service. You assume all risk associated with dealing with these third parties, and you release Tinsel of all claims, demands, and damages in connection with these disputes. You also agree to resolve disputes directly with these third-parties and not to involve us in these disputes.
Third Party Links. The Service may include links to external sites and applications owned or controlled by third parties. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Specific Results. We make no promises and disclaim all liability of specific results from your use of the Service.
No Liability. We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for the Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; OR (ii) ANY OTHER MATTER RELATING TO THE SERVICE. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF TINSEL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.00 USD IN THE AGGREGATE.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from your use or reliance on any Tinsel Content, or your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
XII. General Terms:
- Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- If any provision of these Terms 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 these Terms will remain in full force.
- The Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
- Tinsel may freely assign these Terms. You may not assign these Terms.
XIII. Arbitration, Class Waiver, & Waiver of Jury Trial:
- You and Tinsel agree to submit to arbitration any disputes relating to your use of the Service under the rules of the American Arbitration Association, and you agree not to join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
- These Terms and the relationship between you and Tinsel will be governed by the laws of the State of California without regard to its conflict of law provisions.
- Arbitration, to the extent necessary, will be conducted in San Francisco County in the State of California. You agree to jurisdiction and venue in San Francisco, California and that you will not sue Tinsel in any other forum.
- You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
XI. Contacting Tinsel:
Please contact Tinsel with any questions about these Terms by email at support@Tinsel.me. You may also write to Tinsel at:
1034 Hollister Avenue
San Francisco, CA 94124