Terms of Service
Effective Date: May 18, 2019
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between Distributor and you. If you have a question about this Agreement or the Services, please contact Distributor via email at the email address listed at the top of this webpage ("Contact Email").
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
- YOU WILL COMPLY WITH THIS AGREEMENT; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT
Please read carefully the sections titled "DISCLAIMER OF WARRANTIES", "LIMITATIONS OF LIABILITY" and "DISPUTE RESOLUTION". These provisions limit Distributor's liability to you and affect how disputes are resolved.
If you do not agree to any term of this Agreement, please do not use the Services.
- CHANGES TO TERMS
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. It is your responsibility to review this Agreement from time to time for changes. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.
- ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms ("Additional Terms") presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
- DISTRIBUTOR CONTENT
Distributor's licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any brand names, artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, "Distributor Content"). All other trademarks not owned by Distributor that appear in the Services are the property of their respective owners.
If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy Distributor Content solely for your own personal use.
You may not:
- Incorporate any Distributor Content into any other work (such as your own website) or use Distributor Content in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Distributor Content in any form or by any means;
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Distributor Content; or
- 'Deep link' to any of the Services (i.e., link to any page other than the home page of one of the Services).
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT. DISTRIBUTOR IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. DISTRIBUTOR TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS OF OPINION CONTAINED IN ANY ON THIS SITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.
- USING THE SERVICES
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
Your Account: You are required to create an account ("Account") to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. Distributor treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. Distributor may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify Distributor using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device ("Mobile Device"), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
We do not guarantee availability of the Services at all times of the day. Distributor may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, Distributor has no obligation to provide access to or support for the Services.
Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only.
You agree that you will not (and you agree not to encourage or allow any third party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users' Accounts or Distributor's computer systems or networks,
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- Use the Services to advertise, buy or sell any products or services;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without Distributor's written consent;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- Create an Account under fraudulent pretenses; or
- PRODUCTS AND ORDERS
Certain products may be available exclusively online through the Services. These products may have limited quantities.
Prices for our products offered through the Services are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Distributor. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCTS OR SERVICE WILL BE CORRECTED.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and Account information for all purchases made through the Services. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Distributor may from time to time offer areas in the Services where you and other users can share information or materials (collectively, "Submissions"). You are the owner of and are responsible for your Submissions.
By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to Distributor under this Agreement;
- Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
- Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
You acknowledge and agree that Distributor has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allowing posting of any Submission. DISTRIBUTOR TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.
By sharing your Submissions, you grant Distributor and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and Distributor's products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
Distributor encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.
6.1 Copyright. We own the copyright(s) to the arrangement and information on the Website and Tumbler City. You agree not to reproduce, link to, modify, copy, lease, loan, sell, distribute, store, publish, display, download, transmit, imitate, or create derivative works of Tumbler City content and/or Tumbler City, in whole or in part.
6.2 Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), by providing our Designated Agent the following information in writing:
- Your contact information, including your name, address, telephone number, and email address;
- The identification, description and location of each copyrighted work that you claim has been infringed;
- 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 the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owners; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Name of Designated Agent: ****
Contact Information for Designated Agent: ****
Upon receipt of an infringement notification by the Designated Agent, it is our policy to remove infringing material from the Website and Tumbler City. You acknowledge and agree that your failure to comply with all of the requirements of this Section 10, your DMCA notice may not be valid. Please note any correspondence, communication, and information provided to us through a notification of infringement may be shared with third parties. Any person sending a notification of infringement is hereby notified that under Section 512(f) of the DMCA, any person who knowingly sends meritless notices of infringement may be liable for damages.
6.3 Trademarks. "Trademarks" refers to all names, marks, brands, logos, designs, trade dress, slogans and other designations Tumbler City uses in connection with the Website, Tumbler City and services. You agree to comply with Tumbler City's trademark usage requirements as may be in effect from time to time. You may not use, remove or alter any Tumbler City trademarks without Tumbler City's prior written consent. You agree not to incorporate any Tumbler City Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related information website, products, services or technologies.
- DISCLAIMER OF WARRANTIES
Distributor that Distributor has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
DISTRIBUTOR SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OR DAMAGES ARISING FROM OR CONNECTED WITH ANY INACCURATE OR INCOMPLETE INFORMATION TO WHICH YOU HAVE ACCESS. DISTRIBUTOR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY APPLICATION OF ANY INFORMATION, PRICING OR RESULTS, INTENDED OR UNINTENDED, OBTAINED THROUGH THE USE OF THE SERVICES. DISTRIBUTOR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR THE CORRUPTION OF ANY OF YOUR DATA, SOFTWARE OR EQUIPMENT WHEN USING THE SERVICES. THE USE OF THE SERVICES AND THE PRODUCTS, SERVICES AND INFORMATION ON THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND DISTRIBUTOR MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY FOR INFORMATION, MERCHANTABILITY, QUALITY, SYSTEMS INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT, ANY AND ALL PRODUCTS, SERVICES AND INFORMATION PROVIDED BY DISTRIBUTOR AND ITS AFFILIATES UNDER, IN CONNECTION WITH OR RELATED TO THE SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST DISTRIBUTOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DISTRIBUTOR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.
You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that Distributor would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
- DISPUTE RESOLUTION
If you have a complaint about the Services, please contact Distributor via email at the Contact Email.
To the maximum extent permitted by applicable law, you and Distributor agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Agreement is governed by and construed and enforced in accordance with the internal laws of the State of the Distributor's mailing address ("Distributor's Jurisdiction"), without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Any dispute between you and Distributor and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in the Distributor's Jurisdiction, other than for actions to enforce any order or judgment entered by such courts.
9.1 Jurisdiction: This Agreement is governed by the laws of the state of Illinois and shall be subject to the exclusive jurisdiction of the courts in Chicago, IL in the County of Maricopa. The offer and acceptance of this Agreement is deemed to have occurred in the State of Illinois. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court in Chicago, IL in Cook County. You further agree that the prevailing party is entitled to all of its reasonable attorneys' fees and court costs from the unsuccessful party in any dispute.
9.2 Mediation: Prior to the filing of a lawsuit, You and Tumbler City each agree that any and all disputes, controversies, and/or claims that have arisen or may arise out of this Agreement or use of this Website and/or Tumbler City, whether based on past, present, or future events, shall be mediated out of court in an attempt at resolution through mediation. The fees and cost of the mediation shall be shared equally between You and Tumbler City. A demand for mediation shall be served via a written demand in person or by mail to the opposing party.
- NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is the Distributor with its principle place of business being the address listed at the top of this webpage.
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of "Legal Department" at the above address.
- INTERNATIONAL USE
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
Distributor's servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Distributor or its affiliates to any registration requirement within such jurisdiction or country.
You may terminate your Account at any time for any reason effective upon written notice to Distributor. Distributor reserves the right immediately to suspend or terminate your account and access to the Services without notice if Distributor believes you violated this Agreement.
Termination will not limit any of Distributor's other rights or remedies. The sections titled Distributor Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.
- LINKS TO OTHER WEBSITES AND SERVICES
This Service may contain links to other websites and services that we think may interest you, including social networking (collectively, "Linked Services"). Linked Services are not under the control of Distributor is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Distributor of the Linked Services or any association with the operators of the Linked Services. Distributor does not investigate, verify or monitor the Linked Services. Distributor provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
- GENERAL TERMS
- This Agreement (i) inures to the benefit of and will be binding upon Distributor's and you and your successors and assigns, respectively and (ii) may be assigned by Distributor but you may not assign them without the prior express written consent of Distributor.
- If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- If Distributor fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in this Agreement will be deemed to constitute Distributor or you as the agent or representative of the other or as joint venturers or partners.
- If Distributor is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
- The headings and captions contained herein are for convenience only.
- This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
- ENTIRE AGREEMENT AND SEVERABILITY
- INQUIRIES AND NOTICES
Inquiries concerning use of the Website or any of its content should be directed to email@example.com.