ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the 'TOS') is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Tipestry Inc., also known as Tipestry, located at 3835 East Thousand Oaks Blvd Suite 158, West Lake Village, CA 91362 and our subsidiaries and affiliates, in association with the use of the Tipestry website, which includes www.tipestry.com, (the 'Site') and its Services including MetaChat, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an online discussion website which has the following description:
Social media platform with built-in cryptocurrency tipping
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as 'users' of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a 'member.'
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Tipestry Inc.. At its discretion, Tipestry Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Tipestry Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Tipestry Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided 'AS IS' and as such Tipestry Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a 'member' of the Site, you must be at least 18 years of age to enter into and form a legally binding contract.In addition, you must be in good standing and not an individual that has been previously barred from receiving Tipestry's Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Tipestry may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests.You can edit your account information at any time.Once you register with Tipestry and sign in to our Services, you are no longer anonymous to us.Furthermore, the registering party hereby acknowledges, understands and agrees to:
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Tipestry Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Tipestry Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CRYPTOCURRENCY
Tipestry takes no responsibility for any loss of coins or tokens tipped, held, sent or received via the processes integrated into our web platform. Send and hold cryptocurrencies here at your own risk. Further, holding cryptocurrency in general, especially through a web service or “hot wallet”, involves substantial risk of loss both from malicious actors and technical issues. As a user or member of the Site and service, you herein acknowledge, understand and agree that cryptocurrency used on Tipestry can be lost at any time and that Tipestry is under no obligation to compensate or provide any form of reimbursement in any manner or nature. Further, violating these Terms of Service can result in the forfeiture of any and all coins or tokens held on the platform. “Not your keys, not your Bitcoin.” Until you withdraw cryptocurrency from the platform, they do not actually belong to you.
Further, wallets included with Tipestry accounts are virtual and do not actually hold cryptocurrency. Tips on Tipestry and the balances shown in wallets are only an approximate representation of cryptocurrency credit, and neither entitle the account owner to any real cryptocurrency, nor are an actual transfer of cryptocurrency when tipped to another user. Until an account owner successfully makes a withdrawal to a live cryptocurrency wallet, these coins are virtual representations and neither belong to the user, nor entitle the user to any form of compensation.
Forfeiture of cryptocurrency credit on the platform can result from the following reasons: attempting to game the system though any means including, but not limited to using multiple accounts; not withdrawing cryptocurrency credit within 6 months or receipt; violating any rules under the Conduct section of these Terms and Conditions; asking Tipestry agents or other users for cryptocurrency or for upvotes; making any false representations or spamming comments on Tipestry or other platforms.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Tipestry Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Tipestry.Furthermore, you herein agree not to make use of Tipestry Inc.'s Services for the purpose of:
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using www.tipestry.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of theUnited States(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Tipestry Inc. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Tipestry Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
CONTRIBUTIONS TO COMPANY WEBSITE
Tipestry Inc. provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ('Contributions') to our site, you acknowledge and agree that:
INDEMNITY
All users and/or members herein agree to insure and hold Tipestry Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Tipestry Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Tipestry's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Tipestry Inc. may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Tipestry Inc., nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Tipestry Inc.'s servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Tipestry Inc. has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Tipestry Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Tipestry Inc.'s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on www.tipestry.com. It is your agreement to this TOS which establishes your consent to allow Tipestry Inc. to store any and all communications on its servers.
MODIFICATIONS
Tipestry Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.tipestry.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to{feedback@tipestry.com.
As a member, you agree that Tipestry Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Tipestry Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Tipestry Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Tipestry Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Tipestry Inc.'s Services and any essential software that may be used in connection with our Services (Software) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Tipestry Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Tipestry Inc. Services (e.g. Content or Software), in whole or part.
Tipestry Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Tipestry Inc. for use in accessing our Services.
WARRANTY DISCLAIMERS
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TIPESTRY INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
RELEASE
In the event you have a dispute, you agree to release Tipestry Inc.(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co - branders, partners and any other third parties) from claims, demands and damages(actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase 'Let the investor beware' is appropriate. Tipestry Inc.'s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Tipestry Inc. and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Tipestry Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Tipestry Inc. trademarks, copyright, trade name, service marks, and other Tipestry Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Tipestry Inc.. You herein agree not to display and/or use in any manner the Tipestry Inc. logo or marks without obtaining Tipestry Inc.'s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Tipestry Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Tipestry Inc. may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
CLOSED CAPTIONING
BE IT KNOWN, that Tipestry Inc.complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.For more information, please visit our website at www.tipestry.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Tipestry Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Tipestry Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Tipestry Inc. Services, affiliate Services, third-party content or third-party software.CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Tipestry Inc. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Tipestry Inc., shall be filed within the courts having jurisdiction within the County of Santa Clara, California or the U.S. District Court located in said state. You and Tipestry Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.WAIVER AND SEVERABILITY OF TERMS
At any time, should Tipestry Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.VIOLATIONS