2. Tydy is operated and owned by PageStitch Inc.(hereinafter referred to as “we”, “us” or “our”), a company registered in Delaware with its registered office at Stanford Financial Square, 2600 El Camino Real, Suite 415, Palo Alto, CA 94306.
4.2 As a company registered in California, USA, we have complied with applicable laws of California in making Tydy and its content available to you. We make no representation that Tydy and its contents are available or otherwise suitable for use outside California.
4.4 You understand and agree that the use of the Services may not include the provision of a computer, mobile device, tablet or other necessary equipment to access it. You also understand and acknowledge that the use of Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
4.5 By using the Services or accessing Tydy you represent and warrant that:
(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or (e) infringes any third party right.
(v) Other than the permitted use specified under the Services Contract, you will not (a) use any Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.
(vi) You will not use the Services or Tydy in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Tydy or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Tydy.
(viii) You will not use another person’s username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
(x) You will not delete or modify any content of Tydy, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(xii) You shall not access Tydy without authority or use Tydy in a manner that damages, interferes or disrupts:
(a) any part of Tydy or the Tydy software; or
(b) any equipment or any network on which Tydy is stored or any equipment of any Third Party .
5. Terms of service
5.1 Services provided:
(i) In order to take advantage of some of the Services, you may be asked to provide Third Party account credentials or login information, or otherwise allow us to access your Third Party account. If you choose to provide us with your credentials or login information, or allow us to access a Third Party account, the information that we will have access to will be dictated by the Third Party. You represent and warrant that you are entitled to disclose your Third Party account credentials to us, disclose your login information to us, or grant us access to your Third Party account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such service providers. By granting us access to any Third Party accounts, you understand that: (a) we will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party account so that it is available on and through us via your Tydy account; and (b) we may submit and receive additional information to your Third Party account to the extent you are notified when you link your Tydy account with such third party account.
(ii) If you decide that you no longer want to provide us with access to your credentials or login information, you can choose to opt-out of this Service through your settings page. However, for some Third Parties, the only way to actually revoke our access to your account is for you to remove our authorization through the Third Party directly. You acknowledge that in some instances you are personally responsible for revoking our access to your credentials with a third party.
(iii) We may periodically provide notifications or alerts regarding the Services. You can set your preferences for how you wish to be contacted for various notifications and alerts through your settings page on Tydy. You are solely responsible for ensuring that the contact information you provide us is up-to-date and accurate.
(iv) We represent, warrant and covenant that we have (a) the ownership of the intellectual property rights excluding for the embedded third party software and for such Third Party software, we either has adequate license to sub-license or the same is an open source software, and (b) full right and title to Tydy, free and clear of liens, claims and encumbrances.
6.Access to Tydy, Accuracy and security
6.1 We endeavour to make Tydy and the Services available to you 24 hours a day. However, we do not represent that access to Tydy or the availability of Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
6.2 We do not warrant that Tydy or the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your computer, mobile device or tablet), software, data or other property as a result of your download, installation, access to or use of Tydy or the Services or your obtaining any material from, or as a result of using, Tydy. We shall also not be liable for the actions of third parties.
6.3 We do not represent or warranty that the information available on Tydy will be correct, accurate or otherwise reliable.
6.4 We reserve the right to suspend or withdraw access to Tydy or the Services or part thereof to you personally, or to all users temporarily or permanently at any time without notice.
7. Relationship with operators
7.1 Tydy and the Services provided is independent of any platform on which it is located. Tydy is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
7.2 Your download, installation, access to or use of Tydy and the Services provided is also bound by the terms and conditions of the Operator.
7.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
7.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Tydy and the Services, including, but not limited to: (i) any claim that Tydy fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
7.7 You and we acknowledge that, in the event of any Third Party claim that Tydy or your possession and use of Tydy infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7.8 You must comply with any applicable Third Party terms of agreement when using Tydy or the Services (e.g. you must ensure that your use of Tydy is not in violation of your mobile device agreement or any wireless data service agreement).
8.1 THE SERVICES AND TYDY MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
8.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON TYDY OR DELAY OR ERRORS IN FUNCTIONALITY OF TYDY. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
8.3 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE APP. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S SERVICES.
8.4 WHILE THE MATERIALS PROVIDED ON TYDY WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS AND ADVICE IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
8.5 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
8.6 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON TYDY. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
8.7 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY ACCESSED THROUGH TYDY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Intellectual property
9.1 We are the owner or the licensee of all intellectual property rights relating to Tydy and the Services, and in the material published on it by us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 We shall not own or shall be liable for any material or content uploaded by you as part of the Services.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10. Treatment of information provided by you
10.2 You hereby grant to us a royalty-free and worldwide licence to use any material which you submit to us on Tydy during the Services for the purpose of use of the Services.
11. Third Party Content
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
It is expressly understood by and between us that, all confidential information communicated and exchanged between the us in connection with the Services, shall be received in strict confidence and will be used only for purposes specified in the Services Contract, and that no Confidential Information will be disclosed by us or you or our agents, contractors or employees without the prior written consent of the other to any Third Party or person. We shall use the same means it uses to protect our respective confidential information, but in any event not less than reasonable means, to prevent the disclosure of such information to any outside third party or person.
16. Governing law and dispute resolution