A. Please read these Terms of Use carefully before using this Web Site. By accessing or using the Web Site, you are showing that you accept (1) these Terms of Use, (2) Tipwize's Privacy Policy, found herein and incorporated herein by reference. If you do not agree to any of these terms or the Tipwize privacy notice, please do not use the Tipwize Website.
These Terms of Service apply to all business, corporate, institutional and personal users of the Tipwize Website, including users who supply/upload video content, information, or services on the Tipwize Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Tipwize may in its sole and absolute discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Tipwize Website & Links to Third Party Websites
A. The Tipwize Website may contain links to third party websites that are not owned or controlled by Tipwize. Tipwize has no control over any third party website and will not and cannot censor or edit the content of any third party websites. Therefore, Tipwize, its Owners/Operators, affiliates, and/or licensors, assume no responsibility for, the content, privacy policies, or practices of any third party websites. By accessing the third party Website, you expressly and absolutely relieve Tipwize, its Owners/Operators, affiliates, and/or licensors, from any and all liability as a result of your use of any third-party website.
B. Upon exiting the Tipwize Website, it is recommended to read the terms and conditions and privacy policy of each other website that you visit.
Web & Video Hosting Account --- Terms and Conditions
A. In order to access some features of the Website, you may have to create a Tipwize account. You are not permitted to use another's account without expressed written consent by the other user. Users creating an account must provide accurate and complete information. You, the user, are solely responsible for any or all activity related to your account. It is you, the user's responsibility, to protect and keep secure any and all Account passwords and must not share any and/or all passwords with other registered or non-registered users. Any confirmed or suspected breach of security or unauthorized use of your account must be immediately reported to Tipwize.
B. Although Tipwize will not be responsible or liable for any or all losses caused by any unauthorized or illegal use of your account, you may be liable for any or all losses of Tipwize or others, directly or indirectly associated with Tipwize, as a result of such unauthorized or illegal use.
General Use of the Website -- Permissions and Restrictions
Tipwize hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below) without Tipwize's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access any User Submissions (defined below) or any Tipwize content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means Tipwize may designate.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Tipwize servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Tipwize grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tipwize reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Users Submissions except as needed for the purposes of the Website.
E. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. F. Tipwize reserves the right to discontinue any videowebmercials they deem unfitting for the site and have the right in their sole and absolute discretion to cancel subscriptions at any time without notice.
Customer Use and Limitations of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Tipwize Website.
A. The content on the Tipwize Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Tipwize, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Tipwize reserves all rights not expressly granted in and to the Website and the Content.
B. You may access Users Submissions solely: For your information and business use; and as intended through the normal functionality of the Tipwize Service.
C. You may access Tipwize Content and Users Submissions and other content only as permitted under this Agreement. Tipwize reserves all rights not expressly granted in and to the Tipwize Content and the Tipwize Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Tipwize Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Tipwize Website or the Content therein.
F. Notwithstanding anything to the contrary herein, you understand that when using the Tipwize Website, you will be exposed to User Submissions from a variety of sources, and that Tipwize is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tipwize with respect thereto, and agree to indemnify and hold Tipwize, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
User Submission Restrictions and Business Conduct
A. As a Tipwize User you may submit video content ("User Videos") that are subject to approval by Tipwize.com before they will be posted to the site. User Videos are referred to as "User Submissions." You understand that whether or not such User Submissions are published, Tipwize does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Tipwize to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. You hereby grant Tipwize and each user of the Tipwize Website a non-exclusive license to access your User Submissions through the Website. The above license granted by you terminates within a commercially reasonable time after you remove or delete your User Videos from the Tipwize Service.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Tipwize all of the license rights granted herein.
E. Tipwize does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Tipwize expressly disclaims any and all liability in connection with User Submissions. Tipwize does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Tipwize will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Tipwize reserves the right to remove Content and User Submissions without prior notice.
Policy Regarding Payment and Collection of Fees
You understand and agree that Tipwize.com may now,or in the future charge a fees for all services rendered to the customer. If a fee policy is initiated by Tipwize such that a fee becomes due to Tipwize for use of this website, licensing of content, sale of a sponsorship, or the sale of a copyright, then such fee shall be due by you to Tipwize in accordance with such policy.
Such fee will be due only in the case of a completed transaction that includes the actual licensing, sale, or sponsorship of video. In no case will a fee be due to Tipwize unless a transaction is completed and in no case will such fee be in excess of ten (10%) percent of your final transaction fee (example: If you license, sell, or receive a sponsor for your video in the amount of $1000.00, then the maximum amount due to Tipwize will be $100.00). You agree that your video may be removed from the Website if you do not agree to pay such fee.
Account Termination and Suspension Policy
A. Tipwize will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat offender.
B. Tipwize reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
Tipwize may remove such User Submissions and/or terminate User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole and absolute discretion, and Tipwize will not suffer any financial losses as a result of removing the User or User Submissions from the Tipwize website.
Copyrighted Content Complaints Policy
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, please notify us. Tipwize may suspend or remove such content until the copyright ownership can be verified. Any video content that violates copyright laws of Canada, the United States, or other commonwealth nations will be removed.
Website Warranty and Disclaimer
YOU AGREE THAT YOUR USE OF THE TIPWIZE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TIPWIZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TIPWIZE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR SERVERS OF THIRD PARTIES WE MAY USE, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TIPWIZE WEBSITE. TIPWIZE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TIPWIZE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TIPWIZE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability Statement
IN NO EVENT SHALL TIPWIZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR THOSE SERVERS OF THIRD PARTIES WE MAY USE, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY THEFT OR ILLEGAL USE OR INFRINGEMENT OF USER SUBMISSIONS BY ANY THIRD PARTY (VI) ANY USE OR LOSS OR COSTS ARISING FROM USE OF ANY SAMPLE AGREEMENTS ON THIS WEBSITE(VII) AND LOSS OR COST ARISING OUT OF OR FROM ANY AGREEMENT FOR THE USE OF CONTENT BETWEEN A USER AND A WEBSITE USER, AND/OR (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TIPWIZE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TIPWIZE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Tipwize from its facilities in Canada. Tipwize makes no representations that the Tipwize Website is appropriate or available for use in other locations and other countries around the world. Those who access or use the Tipwize website from other nations do so at their own risk and are responsible for compliance with local law.
Legal Indemnity Statement
You agree to defend, indemnify and hold harmless Tipwize, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Tipwize Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Tipwize Website.
Ability to Accept Terms of Service
You affirm that you are either more than 19 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Tipwize Website is not intended for children under 13. If you are under 13 years of age, then please DISCUSS WITH YOUR PARENTS about the obligations set forth in this agreement and taking responsibility for content and payment options.
Assignment of Rights and Licences
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tipwize without restriction.
Governing Law and Jurisdiction
The Web site (excluding linked Web sites) is controlled by Tipwize from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof.
You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
General Terms and Conditions
Any consent Tipwize Inc. to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. These Terms of Service, together with the Privacy Notice herein and any other legal notices published by Tipwize on the Website, shall constitute the entire agreement between you and Tipwize concerning the Tipwize Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Tipwize's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Tipwize reserves the right to amend these Terms of Use and Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Tipwize Website following any amendment of these Terms of Service will signify your consent and acceptance of its revised terms.
REVISED - December 12th, 2007
