Terms of Use


Terms of Use (“Agreement”)

This Agreement was last revised on March 1, 2013.

Welcome to Tinykick.com, the website and online service of Tinykick, Inc. ("Tinykick", "we", “our” or "us"). By accessing or using our Website, services and Tinykick Content provided through or in connection with the services provided by our Website (collectively, "Service"), you, as a User or Member, signify that you have read, understood, and agree to be bound by these Terms of Use ("Agreement"), along with all other operating rules, policies and procedures and additional terms and conditions published on our Website (which are incorporated by reference), and you are at least 13 years old. Capitalized terms are defined in this Agreement.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of this Agreement or any changes to this Agreement, do not use or access (or continue to access) the Service or discontinue immediately any use of the Service.

Who We Are

Tinykick is a dynamic crowdfunding platform, empowering you to raise funds for any meaningful initiative. Since launching in March 2013, Tinykick has enabled Project Owners to launch many different types of Campaigns ranging from personal initiative, business products, to altruistic endeavors. Tinykick is democratizing the way people raise funds for their Campaigns - creative, entrepreneurial or cause-related. Tinykick is headquartered in Vancouver, Canada.

We are an open platform. You understand and acknowledge that you may be exposed to Member Content that may be inaccurate, offensive, indecent, or objectionable. Member Content should not be viewed as being an endorsement or opinion shared by Tinykick. You agree that Tinykick is not liable for any damages or losses resulting from such Member Content.

Users of Our Service and Members

All visitors to Tinykick.com, whether registered or not, are "Users". If you want to create a campaign, Post, Contribute to a campaign or comment on a Campaign, you must register with Tinykick to become a "Member". When implemented, you will be able to Contribute or comment on a Campaign as a Guest Member. As a Guest Member, you only need to:

  1. provide us with your email address so we can send you an acknowledgement or receipt for your Contribution and
  2. agree to comply with this Agreement as a Member.

Eligibility

You may use our Services if:

  1. You are 18 years or older or between the ages of 13 and 17 and using the Website and Services with parental or legal guardian consent and supervision.
  2. Your membership or use has not otherwise been restricted, suspended or terminated.
  3. You are not using another Member’s account without her/his permission.

Becoming A Member

It is easy to become a Member by following the steps on our website,www.Tinykick.com. Accurate and complete information is required when creating your account and setting up and managing your Member Profile. Use your Settings to control your Member Profile and to manage how other Members communicate with you.

You will be providing Tinykick with your email address when you become a Member. By doing so, you consent to our using the email address to send you any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Service, special offers and marketing, sales and promotional materials.

Once you become a Member, you are solely responsible for the activity that occurs on your account and for keeping your account password secure. You must notify Tinykick immediately of any breach of security or unauthorized use of your account.

You alone are liable and responsible for all losses or damages caused by any unauthorized use of your account regardless of the reason or cause of the loss or damage – and not Tinykick.

General Rules of Use

As a condition of your use of the Service as a User or Member, you promise to:

  1. Use the Service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the Website and Services.
  2. Use the Service so as not to damage, disable, overburden or impair the Service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the Service.
  3. Ensure you own or have a legal right to use the Member Content with the Service and do not otherwise infringe the Intellectual Property Rights of others.“Member Content” means the content you use to create and manage a campaign, Post or comment on or Contribute to a campaign.“Intellectual Property Rights” mean all worldwide rights in patents, trademarks, service marks, copyrights, trade secrets, publicity, goodwill and all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals and extensions thereof.

By way of example, and not limitation, your promise means you will not use the Service:

  1. To offer, sell or distribute:
  1. Controlled substances (such as steroids, narcotics, tobacco products, prescription drugs, marijuana), medical devices or products or services presenting a risk to consumer safety
  2. Drug paraphernalia
  3. Bullying, harassing, obscene or pornographic items, sexually oriented or explicit materials or services
  4. Stocks, bonds or other securities, real estate, insurance or banking or financial services
  5. Guns, ammunition, firearms, knives, weapons or accessories regulated by law
  6. Items promoting hate, personal injury, death, damage or destruction to property
  7. Items infringing or violating others’ Intellectual Property Rights, privacy rights or proprietary rights or wrongfully disclosing confidential information
  1. To engage in, or encourage, promote, facilitate or instruct others to engage in, activities which are illegal or, in our judgment and discretion, result in:
  1. Infringing or violating others’ Intellectual Property Rights and/or privacy rights or wrongfully disclosing or using confidential information
  2. Promoting terrorism, abuse, libel, hate, personal injury, property damage, violence, racial intolerance or financial exploitation
  3. Causing risk of or actual personal injury or tangible or intangible property damage
  4. Defaming an individual or entity
  5. A betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game or contest of chance
  6. Unauthorized self-promotion
  7. Use of our widgets on sites containing content which is contrary to or violates this Agreement
  1. To:
  1. Harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent
  2. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive including but not limited to “flooding” any group with posts
  3. Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment
  4. SPAM or use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Tinykick servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
  5. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfere with the proper working of the Service or bypass measures to prevent or restrict access to the Service
  6. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity
  7. Make any false or misleading Post (such as false or misleading information in the Campaign, in your Campaign Profile (such as misrepresenting the Beneficiary or Campaign purpose) or in a comment)

You agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content without any obligation to monitor Member Content or disputes between Users or Members. You are responsible for protecting yourself from Member Content or Tinykick Content which is offensive or harmful.

Notwithstanding the foregoing, you acknowledge and agree that Tinykick may, but is not obligated, in its sole discretion and judgment, to:

  1. verify your use at any time as a User or Member
  2. permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to or use of the Service or your account(s) or to remove any Member Content, Posts or other content or block any individual or entity for any reason (or no reason at all)
  3. delay or withhold the payment of or reverse or refund any Contributions or other amounts

All without notice and without liability for any damages and without necessarily consulting any other parties. Upon termination for any reason, you continue to be bound by this Agreement.

You agree to use or comply with the DMCA procedures described later in this Agreement for any claims of infringement of any Intellectual Property Right.

Creating and Posting a Campaign

You may create and Post your Campaign on Tinykick to showcase and share certain information about the Campaign and elicit feedback and financial contributions ("Contributions") from other Members (“Backers”) by following the subsequent procedure and rules:

To Create a Campaign

  1. Create a Campaign profile page and Post a "Funding Request." You may be required to provide payment information depending on how Contributions are made.
  2. Set your goal for the total Contributions you wish to raise during your current campaign ("Campaign Goal") and the date by which you'd like to raise the funds ("Campaign Deadline") on your Campaign Profile page. The Campaign Deadline can be between 1 and 60 days from the date your Campaign is launched for Fixed Funding Campaigns. “Fixed Funding” means your Backers will be refunded by Tinykick if you do not meet your Campaign Goal by the Campaign Deadline. The number of Campaigns you can create is unlimited.
  3. You may offer non-monetary rewards for Contributions ("Rewards").
  4. When you reach your Campaign Deadline, your Funding Request will automatically close and no more Contributions will be accepted for your Campaign. You may make a new Funding Request any time after the end of your last Funding Request closes.
  5. By using our Service, you agree that a third party may choose your Campaign as one of its favorites and may add it to the third party's page or list on Tinykick.com. You may opt-out by sending an email to support@Tinykick.com.

Special Rules Regarding Rewards

You agree:

  1. All Rewards must be lawful and otherwise comply with this Agreement.
  2. To fulfill all Rewards and to respond promptly to all questions and comments regarding Rewards. If you are unable to fulfill a reward, you will work with the Contributor(s) to reach a mutually satisfactory resolution which may include, without limitation, issuing a refund promptly.
  3. Tinykick is not liable nor responsible for the fulfillment of Rewards, the failure to fulfill Rewards, the quality of the Rewards and as otherwise disclaimed or limited by this Agreement.

Representations and Promises of User, Campaign Owner and Beneficiary

As a User, you represent and promise that:

  1. All registration information you submit is truthful and accurate.
  2. You will maintain the accuracy of such information.
  3. You are 13 years of age or older.
  4. Your use of the Website and Services do not violate this Agreement. Your profile may be deleted and your use may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information to or on any of our Websites, we will remove that information as soon as possible.

As a Campaign Owner, you represent and promise to us that you:

  1. Are the authorized representative of the Beneficiary with the authority:
  1. to solicit Contributions for the Beneficiary; and
  2. to bind the Beneficiary to the terms of this Agreement.
  1. Are solely responsible for complying with all rules, policies and procedures of the Processor.
  2. Will comply with all Special Rules Regarding Rewards.
  3. Will respond promptly and honestly to questions and Posting posed by Members.
  4. Ensure all Contributions are disbursed properly and legally to the Beneficiary and all Contributions are used as described by the Campaign.
  5. If, for any reason, you are unable to use Contributions as described in your Campaign, you will work with your Backers to reach a mutually satisfactory resolution which may include, without limitation, refunding the Contribution(s)
  6. Are liable, jointly and severally, with the Beneficiary for the Campaign and accountable and liable for the use of the Contributions other than as described in the Campaign (“Misuse”).

As a Beneficiary, you acknowledge, understand and promise that:

  1. Your Funding Account is subject to the Processor’s terms of use.
  2. Tinykick is not liable nor responsible for:
  1. any Campaign not attaining Campaign Goal;
  2. any refunds, including without limitation, for Contributions or Rewards, for any reason or no reason at all;
  3. any errors or omissions in the Funding Account or caused by the Processor;
  4. the failure of the Processor or Campaign Owner to pay Contributions to the Beneficiary or for Misuse of the Contributions; and
  5. for Member Content.
  1. Your sole and exclusive remedy and/or damages for any and all claims and causes of action relating to or resulting from the Campaign is against Campaign Owner.

Backers and Contributing to Campaigns

Tinykick may provide you the opportunity to make Contributions to any Campaign with an open Funding Request in any amount you choose. You may contribute to as many Campaigns as you like.

All Contributions are non-refundable by Tinykick and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the Campaign. You are solely responsible for determining the tax deductibility of any Contribution.

Making a Contribution does not:

  1. give you any rights or ownership in or to that Campaign or Contributions;
  2. give you any distribution rights;
  3. give you any rights to control or otherwise direct the Campaign Owner, Beneficiary, Tinykick, the Service, Campaign, Processor or limit or otherwise affect Backers or Contributions; and
  4. create any liability or responsibility on the part of Tinykick to any Contributor or for any Contribution regardless of reason.

Rewards offered to you are strictly between the Contributor and the Campaign Owner and Beneficiary.

Tinykick does not represent, warrant or guarantee:

  1. Rewards will be delivered;
  2. Rewards will be satisfactory to you; or
  3. The use of any Contributions or the outcome of any Campaign. It is up to you, as the Contributor, to ask such questions and undertake such due diligence as you deem necessary before you make a Contribution. Tinykick may, in its sole discretion and judgment but is under no obligation to, seek the refund of Contributions.

Fees, Taxes and Verification

All Contributions will be deposited in your Funding Account less our fee as listed on our Website. Different fees may apply to nonprofit or discounted Campaigns. Fees may be adjusted at any time as Tinykick decides in its sole judgment and discretion. Fees are nonrefundable.

Processor fees and other fees and charges may apply and/or be deducted from Contributions. Contributions are transferred based on the funding and payment you have selected unless being held to complete our verification process or being refunded as we deem appropriate in our sole discretion.

You are responsible to report properly, and timely pay, for all applicable taxes for all Contributions.

We may verify your and the Beneficiary’s identity, the use of the Contributions and the Campaign timeline before Contributions are deposited in your Campaign Account. You agree to participate in our verification process which may involve an interview and/or document review. Verification may result in a delay of Contributions being transferred or reversal and refund as Tinykick determines in its sole discretion and judgment.

Discrepancies in or false or misleading statements or misrepresentations as to the Campaign, Beneficiary or uses of Contributions may result in Contributions being refunded and/or accounts being suspended or reversed. If Contributions have been disbursed to you or the Beneficiary, you and the Beneficiary will ensure that all Contributions are refunded promptly to all Backers without deduction for any fees paid or payable by you.

Member Content and Warranty of Non-Infringement

The Service allows you to post Campaign details and information, feedback, comments, questions, and other information ("Member Content"). You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise use or make available (collectively, "Post") on the Service.

You represent and warrant:

  1. You are the owner of (or have all the rights and permission required to use) all the Intellectual Property Rights (as defined below) in the Member Content you Post or as reasonably contemplated by Tinykick’s use of such Member Content and have the written consent of each and every identifiable natural person in the Member Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement. Each person has released you from any liability that may arise in relation to such use.
  2. The Member Content, use of the Member Content with the Services and Tinykick's use of such Member Content will not infringe any Intellectual Property Rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate this Agreement.

You understand that publishing your Member Content on the Service is not a substitute for registering it with the U.S. Patent and Trademark Office, U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

License Grant of Member Content and Campaign Feedback

By posting any Member Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Tinykick a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.

You hereby:

  1. irrevocably assign all worldwide rights, title and interest in and to all Member Content posted to a Campaign ("Campaign Feedback") to the Campaign Owner that posted that Campaign; and,
  2. hereby waive and release the Campaign Owner and Tinykick from any claims that you now have or may hereafter have, known or unknown relating to or resulting from Campaign Feedback including, without limitation, infringement or violation of any privacy right or obligation of confidentiality.

If you post a Campaign, you acknowledge and agree that Tinykick is not responsible for your use of Campaign Feedback and you use Campaign Feedback at your own risk.

License Grant to Use Service and Tinykick Content

You understand and acknowledge that your use of the Service (including, without limitation, Tinykick’s Content) is a privilege and not a right. Subject to this Agreement, Tinykick grants you a non-exclusive, limited, personal license to use the Service in accordance with this Agreement. You agree you will (and will ensure others):

  1. Use the Service or Tinykick Content in strict compliance with this Agreement; and
  2. Not create derivative works from any Tinykick Content. Use of the Service or Tinykick Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Except for your Member Content and the limited right of use of the Service, Tinykick retains all right, title and interest (including, without limitation, all Intellectual Property Rights) in and to the Service and all content created and used by Tinykick in conjunction with the Service including, by way of example and not limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the"Tinykick Content"); all of which are the exclusive property of Tinykick and its licensors. Tinykick retains all rights not expressly granted to you.

Tinykick reserves all rights not expressly granted in the Service. Tinykick may terminate this license at any time for any reason or no reason.

Use of Widgets

Tinykick may give you the opportunity to post a "widget," or code that creates an Tinykick graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of Tinykick widgets is subject to this Agreement, that you will not post any Tinykick widget on a web page containing content that is prohibited under the "Member Content" section of this Agreement, and that you will remove all Tinykick widgets immediately upon termination of this Agreement.

DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Tinykick's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit Tinykick to contact you, such as your address, telephone number, and e-mail address;
  5. A statement 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 law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:


Attn: DMCA Notice
Company: Tinykick, Inc.
Email: copyright@Tinykick.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify our DMCA Agent in writing including the following information:

  1. a physical or electronic signature of the user of the Services;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  4. your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of Canada, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Please note that this procedure is exclusively for notifying Tinykick and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Tinykick's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Tinykick has adopted a policy of terminating, in appropriate circumstances and at Tinykick's sole discretion, Users who are deemed to be repeat infringers. Tinykick may also at its sole discretion, without liability, limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy

We care about the privacy of our Users. By using the Service, you are consenting to have your personal data transferred to and processed in the Canada.

Information that you submit through the Service may be transferred to countries outside the European Economic Area (“EEA”) to provide the Service to you. For example, our servers are in the Canada. If we transfer your information outside the EEA in this way, we will take steps to protect your privacy rights.

Notwithstanding the foregoing, we do not guaranty the confidentiality or privacy of any communication or information transmitted using the Service or any website linked to our website. We are not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by using our Service, or otherwise connected with your use of the Service.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Websites, Advertisers or Services

Tinykick may contain links to third-party websites, advertisers, or services that are not owned or controlled by Tinykick. Tinykick has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Tinykick, you do so at your own risk, and you understand that this Agreement and Tinykick's Privacy Policy do not apply to your use of such sites. You expressly relieve Tinykick from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on Tinykick, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Tinykick shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Indemnity

You agree to defend, indemnify and hold harmless Tinykick, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees and costs) arising from or relating to your use of the Service and Tinykick Content including, without limitation, your negligence, breach of any of the representations, warranties or promises or violation of any law, regulation, ordinance, directive or court order. You remain liable for any amounts we pay in settlement of any such claim or action for indemnification as though we had proceeded with a trial.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, Tinykick, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE Tinykick OR MEMBER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICES OR Rewards TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): Tinykick MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. Tinykick is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.

Waiver and Release

If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

Users and Members agree not to involve Tinykick in any litigation that occurs due to using the Services or website. Tinykick will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Tinykick (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRIBUTIONS, PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR THE COSTS OF COVER OR PROCURING SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION. ANY DAMAGES RESULTING FROM OR RELATING TO: (a) TERMINATION, (b) THE USE OF, OR INABILITY TO USE, THIS SERVICE OR Tinykick CONTENT (INCLUDING ERRORS, MISTAKES, INACCURACIES OF OR THE INFRINGEMENT BY Tinykick OR MEMBER CONTENT), (c) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE INCLUDING UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR (d) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, MEMBER OR OTHER THIRD PARTY.

IN ANY EVENT, Tinykick SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS YOU PAID TO Tinykick.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Tinykick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:

  1. death or personal injury caused by our negligence or that of any of its officers, employees or agents;
  2. fraudulent misrepresentation or intentional misconduct; or
  3. any liability which it is not lawful to exclude either now or in the future.

The Service is controlled and operated from its facilities in the Canada. Tinykick makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tinykick without restriction.

General

  1. Termination. We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees paid to Tinykick are non-refundable. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  2. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Tinykick, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Tinykick that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City and County of San Francisco, California.
  3. English Language. As a courtesy and convenience only, this Agreement may be translated and available in languages other than English. Notwithstanding any translation into another language, the English version of this Agreement governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
  4. Export Compliance. You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you warrant that you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
  5. Cooperation with Authorities and Police Enforcement. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of such conduct. When requested, Tinykick will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or Website.
  6. Notification Procedures. Tinykick may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Tinykick in our sole discretion. Tinykick reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
  7. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Tinykick via the Service, shall constitute the entire agreement between you and Tinykick concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  8. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Tinykick's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us at with any questions regarding this Agreement.