Terms of Use
TSS Software Corporation Terms of Use Effective Date: June 10, 2010
Printable Version
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. TSS Software Corporation ("Company," "we," "us") provides this Web site and all site-related services, except those services specifically governed by a separate agreement, (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Company and you, the Site visitor and/or member (including your employer and any affiliates and its or their employees, contractors and agents, "you") with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.
IF YOU SUBSCRIBE TO OUR TITLESPHERE SERVICE, YOU WILL BE REQUIRED TO ENTER INTO A SEPARATE MASTER SUBSCRIPTION AGREEMENT WITH US. THE TERMS AND CONDITIONS OF THE MASTER SUBSCRIPTION AGREEMENT (AND NOT THESE TERMS OF USE) WILL GOVERN YOUR USE OF THE TITLESPHERE SERVICE. IF YOU SUBSCRIBE TO ANY OTHER SERVICE THAT REQUIRES YOU TO ENTER INTO A SEPARATE SUBSCRIPTION, SERVICES, LICENSE OR SIMILAR AGREEMENT WITH US, THE TERMS AND CONDITIONS OF THE SEPARATE AGREEMENT (AND NOT THESE TERMS OF USE) WILL GOVERN YOUR USE OF SUCH SERVICES.
We reserve the right at any time to:
Any changes we make will be effective automatically seven (7) days after posting such changes on the Site. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement was last revised by the "Effective Date" at the top of this Agreement. When using the Site, or any services provided on or through the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions that may be applicable, which are hereby incorporated by reference into this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
Your Content. You may upload data and other content ("Content") to the Site in connection with your use of the Site. We do not verify, endorse or claim ownership of any Content and you retain all right, title and interest in and to the Content. By maintaining your Content on the Site you grant to us a non-exclusive, worldwide, perpetual, royalty-free and fully paid license under all intellectual property rights to copy, distribute, transmit, translate and reformat your Content solely to provide the services of the Site to you. By uploading Content to this Site, you agree that you have full lawful right to the information and the right to distribute the information. You agree that this license includes a right for us to make such Content available to other companies, organizations, or individuals with whom we have a relationship for the provision of services and to use such Content in connection with the provision of those services. You agree that Content may be stored at our facilities in the United States and at third party facilities in the United States or any other country. By using the Site you agree to and acknowledge that Content may be transferred across national boundaries and processed outside of your country.
Company Access to Content. You acknowledge that the services offered by the Site are automated and that Company personnel will not access or view any Content except as reasonably necessary to provide and maintain the services offered by the Site, including but not limited to (a) respond to support requests, (b) detect, prevent or otherwise address fraud, security or technical issues, (c) as deemed necessary by Company to conform to legal requirements or comply with legal process or (d) enforce this Agreement.
Storage and Use of Content. We retain the right to create limits on your use of Content such as limits on file size, storage space, processing capacity, time frames for retention of Content and other similar limitations as otherwise determined by us in our sole discretion. We store your information in accordance with our then-current storage policies. We may delete, as applicable, all or portions of your Content upon termination of this agreement or upon the expiration of some time limit defined by us. We are not required to notify you when we delete Content.
As part of the registration process, you will be asked to provide a username and password. We may refuse to accept a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by e-mailing us at support@iwantTSS.com. You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities (INCLUDING PURCHASES, AS APPLICABLE) that ARE CONDUCTED through your account.
While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.
In addition, portions of the Materials may have been contributed to the Site by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and Company expressly disclaims any liability with respect to the foregoing.
Company hopes and believes that the Materials will be helpful as background reference, but they should not be construed as legal, accounting or other professional advice on any subject matter. Company has endeavored to comply with legal and ethical requirements known to the Company personnel who compiled this Site, but Company is not engaged in rendering legal, accounting or other professional services, and availability or use of the Materials is not intended to create, and does not create, any attorney-client, accounting-client or other professional services relationship. Use of the Materials is not an adequate substitute for obtaining legal, accounting or other professional advice from a licensed provider in your jurisdiction. You agree you will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.
Information contained in the Forums may be provided by employees of Company and its affiliates as well as by third party visitors to the Site. Please note that Site visitors may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in a Forum message) or results obtained by using any such information or materials. Under no circumstances will Company, its affiliates or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company.
In addition, Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Company, Company's licensors and suppliers, and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
We reserve the right to limit the availability of the Site and/or the provision of any service or product described on the Site to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Our Privacy Policy is a separate document, but it forms a part of this Agreement. Please read our Privacy Policy.
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