Last Updated: July 26, 2012
The following Terms of Use outline your obligations when using the TipMine website.
1. ACCEPTANCE OF TERMS
The TipMine Internet site available at www.tipmine.com (the "Site"), is owned and operated by 2330683 Ontario Inc. dba TipMine ("TipMine"), and may be accessed and used by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “ACCEPT” THE FIRST TIME YOU ACCESS OR USE THIS SITE, BY ACCESSING OR USING THIS SITE, OR UPLOADING ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE. YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.
2. MODIFICATIONS OF TERMS OF USE
TipMine may, in its sole discretion, modify the Terms at any time effective upon posting the modified Terms of Use on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using Site if you do not agree to the amended terms, and to provide TipMine notice to remove you from any distribution lists or other communication list that are available to you through your use of the Site. YOUR CONTINUED USE OF THE SITE OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
3. USE OF THE SITE
Subject to full compliance with the Terms of Use, and during the term of the license, TipMine grants authorized users a non-exclusive, nontransferable, nonsublicensable, terminable license to access and use services, content, and webpages at 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.
TipMine may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and materials are subject to and governed by these Terms of Use.
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.
represent and warrant that you own or have secured all legal rights necessary for the Content to be used by you and others as described in these Terms of Use;
represent and warrant that each person identified, depicted, or shown in an image or video in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content as described in these Terms of Use; and
represent and warrant that our use of the Content as described in these Terms of Use will not violate any relevant law or otherwise infringe any rights of others.
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
TipMine has no obligation to review, monitor, or remove Content or other materials, except as required by law. However, you may report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to [email protected] (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for material or willful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
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.
8. PRIVACY
The TipMine Privacy Policy is available here and is hereby incorporated by this reference. The Site is not directed to children under 13 and we do not knowingly collect personally identifiable information from children under the age of 13. If personally identifiable information of a child under the age of 13 has been submitted or appears on the Site, we ask that a parent or guardian contact us at [email protected] and we will remove the Content and delete the information about the child from our files.
9. Expiration or Termination of Access and Participation
Your privilege to use or access the Site may be terminated by TipMine immediately and without notice and without refund if you fail to comply with any term or condition of these Terms of Use, or for any reason whatsoever. Upon such termination, you must immediately cease accessing or using Site and agree not access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that TipMine reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that TipMine may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to TipMine.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
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.
EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF USE, NEITHER TIPMINE NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE PRODUCT WILL OBTAIN ANY PARTICULAR RESULT. IN THE EVENT OF A FAILURE TO PROVIDE THE PRODUCT OR ANY DEFECT IN THE PRODUCT, THE SOLE REMEDY OF SUBSCRIBER AND USERS SHALL BE A REFUND OF THE AMOUNT PAID FOR THE SUBSCRIPTION TO THE PRODUCT (PRORATED TO TAKE INTO ACCOUNT THE TIME THE PRODUCT WAS AVAILABLE). IN NO EVENT SHALL TIPMINE' LIABILITY EXCEED SUCH AMOUNT, EVEN IF TIPMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TIPMINE BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS OF USE, OR THE PRODUCT (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.
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.
12. Indemnity.
You will indemnify and hold harmless TipMine, its subsidiaries, affiliates, customers, vendors, licensors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your posting of Content or the use of such Content by TipMine allowed under this Agreement, access to, or use of the Site, violation of the Terms of Use by you, or the infringement by you, or any third party using your login information, of any intellectual property or other right of any person or entity.
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.
15. MISCELLANEOUS
Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. If any provision of these Terms of Use is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. These Terms of Use is made under, and will be construed according to, the laws of Ontario, Canada. The exclusive jurisdiction for any litigation required to resolve any disputes under these Terms of Use shall be in the courts of Ontario, Canada, and each of the Parties consents to the jurisdiction of such courts in Indiana and waives objection to venue laid therein. These Terms of Use shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. TipMine reserves the right at all times to disclose any information as TipMine deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TipMine’s sole discretion. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind TipMine in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TipMine shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TipMine’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with TipMine’s prior written consent. TipMine may transfer, assign or delegate these Terms of Use and its rights and obligations without consent.
