OTHER APPLICABLE TERMS
- Our Privacy Notice available here
Each of the above may be changed from time to time and are effective immediately upon posting such changes on the Site.
CHANGES TO THESE TERMS AND THE SITE
We may modify, update, suspend or terminate operation of or access to the Site from time to time without notice, including for clarity changing the content at any time. We may interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
ACCESSING THE SITE AND RESTRICTED ACTIVITIES
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Tin Can server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tin Can on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You further agree (i) not to reproduce, duplicate, copy or re-sell any part of the Site and (ii) not to access without authority, interfere with, damage or disrupt any part of the Site, any software used in the provision of the Site or any equipment or network or software owned or used by any third party.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account, including registration with a user identification code, password and possibly other information as part of our security, community, purchasing or downloading procedures. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Tin Can immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Tin Can or any other user of or visitor to the Site due to someone else using your user identification, password or account as a result of your failing to keep your account information secure and confidential.
INTELLECTUAL PROPERTY RIGHTS
As between Tin Can and you, all content, software, data and intellectual property rights, including but not limited to all know how, concepts and logic contained on or relating to the Site is the property of Tin Can or its licensors. None of the software, data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred or modified in any way without our prior express written permission. All intellectual property including but not limited to trademarks, logos and service marks displayed on the Site is registered by Tin Can and protected throughout the world. No license, right or interest in any Tin Can intellectual property is granted to you.
Feedback & suggestions
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (1) your Feedback does not contain any third party confidential or proprietary information, (2) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (3) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (4) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Tin Can and its users any claims and assertions of any moral rights contained in such Feedback.
NO RELIANCE ON INFORMATION; NO LEGAL ADVICE
The opinions expressed by Tin Can employees on any content, blogs or forums are the individual’s own and do not represent or necessarily correspond to the opinions of Tin Can. We will not be responsible for any direct or indirect damages or losses caused or alleged to have been caused as a result of your use or reliance on such information.
Any use or reliance on any User Postings (defined below) is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Postings. All User Postings are the sole responsibility of the respective persons who originated such User Postings. We may not necessarily monitor or control User Postings, and in any case we cannot take responsibility for such content.
None of the content on the Site is a substitute for professional legal advice. No content on the site, including but not limited to Q&A formatted content, create an attorney-client relationship. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. Seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights.
LIMITATION OF LIABILITY
TIN CAN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TIN CAN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING OUT OF YOUR USE OF OR ACCESS TO THE SITE.
TIN CAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIN CAN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES (INCLUDING ANY INFORMATION OR USER POSTINGS PROVIDED BY ANY SUCH THIRD PARTIES VIA THE SITE) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TIN CAN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TIN CAN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.To the maximum extent permitted by law we provide the Site without warranties, guarantees or representations. No advice or information from the Site will create any warranty or representation not expressly made herein.
Except where prohibited by law, in no event will Tin Can be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Tin Can has been advised of the possibility of such damages.
user postings & UPLOADING CONTENT TO THE SITE; COMMUNITY STANDARDS
Whenever you make use of a feature that allows you to upload or post content to the Site (such uploads or posts, “User Postings,” or to make contact with other users of the Site, you agree that your use and the content you upload or post shall not: (1) breach any applicable local, national or international law or regulation; (2) be unlawful, misleading, false, deceptive or fraudulent, or have any unlawful, misleading, harmful, deceptive or fraudulent purpose; (3) be for the purpose of harming or attempting to harm minors in any way; (4) transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; (5) knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (6) disseminate any unlawful, offensive, profane, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (7) attempt to gain access to other computer systems; (8) interfere with anyone else’s enjoyment of the Site; (9) interfere with or disrupt networks or websites connected to the Site; or (10) include confidential information about Tin Can and/or its products and services.
All of your User Postings shall be considered non-confidential and non-proprietary. You retain all ownership rights in your User Postings, but you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Postings in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). Any exercise of rights under the foregoing license by Tin Can is made with no compensation paid to you with respect to your User Postings, as the use of the Site by you is hereby agreed as being sufficient compensation for the User Postings and grant of rights herein.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Postings that you submit, post or display on or through the Site. You agree that such User Postings will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Tin Can the license described above.
We accept no responsibility, or liability to any third party, for the content or accuracy of any content posted by you or any other user of the Site. The views expressed by other users on the Site do not represent Tin Can’ views, opinions or values.
Tin Can may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Tin Can’ rights or property, or the rights or property of visitors to or users of the Site, including Tin Can’ customers. Tin Can reserves the right at all times to disclose any information that Tin Can deems necessary to comply with any applicable law, regulation, legal process or governmental request.
You agree that Tin Can may, in its sole discretion and without prior notice, terminate your access to the Site, for any or no reason, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You warrant that your access to and use of the site is and will remain in accordance with all applicable laws and regulations.
You shall hold harmless, defend and fully indemnify us against any claims, proceedings, damages, costs, expenses or liabilities whatsoever arising out of or relating to your use of the Site.
THIRD PARTY LINKS AND RESOURCES ON THE SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. You acknowledge that we have no control over the content of those sites or resources.
MEDIATION AND ARBITRATION
We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction should we, in our sole opinion, consider this to be necessary.