Terms of use

TERMS

There is that which is us, ours, and we, and then there is you.

We welcome you to the TinyGnomes site and ask you to review and abide by these Terms of Use.

To become a member of the TinyGnomes service, you must read and accept all of the terms and conditions of this agreement and the privacy policy. If you do not agree to be bound by the terms after you read this Agreement, you may not use TinyGnomes.

We have created these Terms to make this a better experience for all. If there is something you would like to ask us please contact us at Support@TinyGnomes.com.

You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this website. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement.

THE SERVICE

The Service is provided by us and you understand and agree to the following:

(a) if you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process;

(b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use;

(d) You are at least 17 years of age. We will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into TinyGnomes and that we will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand and agree that, unless expressly stated, we in no way controls, verifies, or endorses any of the information contained on or in TinyGnomes, including links, events, messages, message boards and members published listings.

REGISTRATION PROCESS

As part of the registration process for the Service, you agree to:

(a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and

(b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). TinyGnomes reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. We. reserve the right to refuse the Service to any user.

COPYRIGHTS AND TRADEMARKS

The TinyGnomes logo and other names, logos, icons and marks identifying our products and services are trademarks of ours, and may not be used without the prior written permission from us. Except as otherwise expressly set forth in this Agreement, you may not copy, reproduce, distribute, or create derivative works of the Service without our express written authorization. Furthermore, you may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Service. All rights not expressly granted in this Agreement are reserved to us.

You shall not remove, cover or obscure any trademark, copyright and other proprietary notices or legends included on the Service. You understand and agree that any uploading or posting will be at your sole risk and we shall not be responsible to you in any way. Further, we do not provide any warranty as to your use of any third party content or software that you obtain from TinyGnomes.

We respect the intellectual property of others and we require that our users and members do the same. You may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

USER CONDUCT

You agree to act responsibly and to treat other users and members with respect. You will not use the power that TinyGnomes gives you for evil means.

CONTENT

You are fully responsible for any content you post on TinyGnomes, including, but not limited to, personal profile(s), message boards, listings, events, testimonials, e-mail messages - and the consequences of any such content.

You understand and agree that we may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.

Content that is illegal or prohibited includes but is not limited to, material, text, graphics, video or audio that:
Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable

Displays materials that are illegal

Encourages conduct that could constitute a criminal offence, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation

Transmits or posts any unsolicited or unauthorized advertising, "spam", junk mail, chain letters, etc.

Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights

Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or TinyGnomes

Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without our prior consent

Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Has misleading email addresses or other manipulated identifiers to disguise its origin

Although nudity is permitted on TinyGnomes it is NOT allowed on your default avatar.

If you are exposed to such prohibited material - you waive your right to any damages related to such exposure. Such material should be immediately reported to - Support@TinyGnomes.com.

LINKS TO THIRD PARTY SITES

Any links included within TinyGnomes that take users out of TinyGnomes are not under our control. and we shall not be responsible for the content of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.

TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS

We shall not be liable for your interactions with any organizations and/or individuals found on or through TinyGnomes. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that we are not responsible for any damage or loss incurred as a result of any such dealings. we are under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release us, our officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

PRIVACY

Please see our privacy policy incorporated herein by reference.

TERMINATION

We reserve the right to refuse membership to anyone. We may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM TINYGNOMES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM TINYGNOMES ARE PROVIDED ON AN "AS IS" BASIS. TINYGNOMES PUBLISHING, INC., ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER TINYGNOMES PUBLISHING, INC., NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM TINYGNOMES WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TINYGNOMES PUBLISHING, INC., ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT SHALL TINYGNOMES PUBLISHING, INC., ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF TINYGNOMES PUBLISHING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER TINYGNOMES PUBLISHING, INC. SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD TINYGNOMES PUBLISHING, INC. HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST TINYGNOMES PUBLISHING, INC. ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.

GENERAL TERMS.

This Agreement is governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in San Francisco, California and you consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE. As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

During the Alpha and Beta development stages of TinyGnomes, and as a condition of your private invitation you agree to keep confidential, except as we may otherwise consent in writing, and not to disclose or make any use of except for the benefit of us, for so long as we are engaged in the development and publication of software programs, at any time either during or subsequent to your admittance to TinyGnomes, any trade secrets, confidential information, knowledge, data or other information that is proprietary to us relating to products, processes, know-how, designs, formulas, test data, customer or supplier lists, business plans, marketing plans and strategies, pricing strategies or other subject matter pertaining to any business of ours, which we may produce, obtain or otherwise acquire during the course of your membership hereunder, except as provided herein. You further agree not to deliver, reproduce or in any way allow any such trade secrets, confidential information, knowledge, data or other information that is proprietary to us, or any documentation relating thereto, to be delivered to or used by any third parties without specific direction or consent of a duly authorized representative of us. You further understand that your obligations under this section do not apply to any of the foregoing items that have become publicly and widely known within our industry and made generally available through no wrongful act of you or of others who were under confidentiality obligations as to the item or items involved.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.