widgets.tictacti.com Terms of Service
Please read the following important terms and conditions (“Terms of Service”) carefully. TicTacTi , LTD. (“TicTacTi ”) provides our website located at http://widgets.tictacti.com (the “Site”) through which users may access and use our widget creation, tracking and distribution platform (“TicTacTi Technology”), the software and related documentation for our products (“Software”) and any other products and services we make available to TicTacTi Members (defined below) (collectively the “Services”).
These Terms of Service and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Service are a legal agreement between you and TicTacTi nd apply to you whether you are a TicTacTi Member or a visitor just browsing the Site (collectively, “TicTacTi Users”). These Terms of Service limit TicTacTi’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, SERVICES OR YOUR TICTACTI ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
1. Eligibility and Registration.
(a) In order to access certain features of the Site and Services, and to get any content from the Site or via the Services, you may be required to create a TicTacTi account and become a “TicTacTi Member”. To become a TicTacTi Member you must be at least 18 years of age. TicTacTi Members will not be not employees, agents or contractors of TicTacTi . The Site, Services and access to a TicTacTi account are not available to temporarily or indefinitely suspended TicTacTi Members.
(b) When you register with TicTacTi and set up your TicTacTi account, you agree to provide TicTacTi with accurate and complete information. You agree to promptly update your TicTacTi account information with any new information that may affect the operation of your TicTacTi account. You authorize TicTacTi , directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your TicTacTi account information.
(c) You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Our privacy policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from TicTacTi Users.
(d) You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding TicTacTi account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your TicTacTi account, whether or not you have authorized such activities or actions. You agree to immediately notify TicTacTi of any unauthorized use of your username, password or TicTacTi account.
2. End Users and Usage Data. If you deploy our widget Technology on a website and/or to deploy a widget for online distribution by you or a third party, you acknowledge and agree that:
(a) TicTacTi may collect certain tracking and usage data generated or provided by End Users (“Usage Data”). In the event that you choose certain settings or implement certain functionality of the Services, Usage Data may include the personally identifiable information of End Users. An “End User” means a visitor to or user of a widget created with TicTacTi Technology.
(b) You will post and make available to End Users a privacy policy that governs the website where the Services are provided (“Privacy Policy”). Such Privacy Policy will include any and all disclosures and election procedures that may be required under applicable laws in light of the provision of the Services contemplated by these Terms of Service, including, without limitation, clear and conspicuous disclosure to End Users about your practices with respect to the collection, use and sharing of user data on or through the Services (including, without limitation, your use of third party service providers) and TicTacTi ’s collection and use of Usage Data.
(c) You agree to comply with the terms and conditions of your Privacy Policy. In the event that any modifications are made to the Privacy Policy that prohibits or materially impairs TicTacTi ’s ability to provide any of the Services or potentially subjects you or TicTacTi to claims of third parties or enforcement authorities, TicTacTi may suspend, discontinue or terminate performance of the Services, at its sole discretion.
(d) You are solely responsible for your interactions (including any disputes) with End Users and TicTacTi does not in any way screen End Users. TicTacTi may, but is under no obligation to, monitor or censor any comments made by End Users or content provided by End Users and disclaims any and all liability relating thereto.
4. Termination or Suspension of the Site or Services & Modification of these Terms of Service.
(a) TicTacTi reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Service without advance notice. Modifications to these Terms of Service or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Service. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after TicTacTi has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
(b) Without limiting other remedies, TicTacTi may at any time suspend or terminate your TicTacTi account and refuse to provide access to the Site or Services. In addition, TicTacTi may notify authorities or take any actions it deems appropriate, without notice to you, if TicTacTi suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by TicTacTi ; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, TicTacTi Users, TicTacTi or any other third parties or the Site or Services.
(c) You may terminate your TicTacTi account at any time and for any reason. Upon any termination by a TicTacTi Member, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. TicTacTi will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, TicTacTi will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
(d) Any suspension, termination or cancellation will not affect your obligations to TicTacTi under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
5. Obligations for TicTacTi Users. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
(a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;
(b) Use any meta tags or other hidden text or metadata utilizing a TicTacTi trademark or logo, URL or product name;
(c) Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of unsolicited or unauthorized solicitation;
(d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
(e) Upload, post, submit or otherwise transmit any Content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
(f) Upload, post, submit or otherwise transmit any Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Member Content that is unrelated to the immediate, aesthetic nature of the Member Content;
(g) Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of TicTacTi ’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
(h) Attempt to probe, scan or test the vulnerability of any TicTacTi system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
(i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
(j) Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by TicTacTi or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks;
(k) Collect or store personal data about other TicTacTi Users without their express permission;
(l) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
(m) Use the Site or Services in any manner not permitted by these Terms of Service; or
(n) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
6. TicTacTi Software.
(a) License Grant. Subject to your compliance with the terms and conditions of these Terms of Service, TicTacTi grants you a non-exclusive, revocable and non-transferable license to install and use the executable form of the Software, without modification, solely to partake of the Services. Notwithstanding the foregoing sentence, in the event that the Software includes an API, you may modify the API solely for purposes of developing, implementing and integrating interfaces to the Services, and copy and distribute any example code provided with the API, solely in object code form and solely as integrated into your software and services for purposes of integrating with the Services. You may make a single copy of the Software for backup purposes. TicTacTi reserves all rights in the Software not expressly granted to you in these Terms of Service.
(b) Restrictions. You may not transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party or use it in any manner that is unlawful or inconsistent with these Terms of Service. Except as expressly specified in these Terms of Service, you may not: (a) copy or modify the Software; or (b) make the functionality of the Software available to multiple users through any means, including, without limitation, by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of TicTacTi and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. The Software is licensed, not sold. TicTacTi and its licensors own all rights, title, and interest in and to the Software, including all intellectual property rights therein. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Software or any backup copies thereof.
(c) Open Source Code. The Software is distributed with certain independent code that is licensed under the GNU General Limited Public License (“LGPL”) and/or other open source licenses (“Open Source Code”), and the Open Source Code is licensed to you in accordance with the applicable open source licenses. You may obtain a copy of the LGPL at http://www.gnu.org/licenses/lgpl.html. For a period of three (3) years from the date you assent to the terms of this Agreement, TicTacTi will at your request provide you a copy of the source code for the code licensed under the LGPL, including any modifications made by TicTacTi . TicTacTi may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: TicTacTi , LTD. 8 Nachalat Tizhak Street Tel Aviv, Israel.
(d) To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code
7. Feedback.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@tictacti-inc.com or through the “Help” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of TicTacTi and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to TicTacTi together with all intellectual property rights therein.
8. Indemnification. You agree to defend, indemnify and hold TicTacTi and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, TicTacTi Content, (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you post to the Site or via the Services (including without limitation your Member Content) caused damage to a third party, including, without limitation, claims that your Member Content is infringing.
9. Disclaimer. THE SITE, SERVICES, TICTACTI CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. TICTACTI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, TICTACTI CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, LTDLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, TICTACTI MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, TICTACTI CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TICTACTI OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, LTDIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, TICTACTI CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES LTDLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY TICTACTI USER OR END USER, ONLINE OR OFFLINE, WHETHER OR NOT TICTACTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TICTACTI ’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE WILL NOT EXCEED $50. TICTACTI WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LTDIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Force Majeure. TicTacTi will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to TicTacTi infrastructure or connectivity to the internet or failure at an TicTacTi co-location facility (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, TicTacTi will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that TicTacTi may reasonably require to recover from the effects of such Force Majeure Event.
12. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of these Terms of Service each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.
13. Notice; Consent to Electronic Notice. You consent to the use of (a) electronic means to complete these Terms of Service and to deliver any notices pursuant to these Terms of Service and (b) electronic records to store information related to these Terms of Service or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by TicTacTi via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to legal@tictacti-inc.com or to such other addresses as TicTacTi may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
14. Links to other Websites. The Site or Services may provide links to websites other than www.tictacti.com such links are provided for reference only, and TicTacTi neither controls such websites nor endorses any of the material on any such websites or any association with their operators. TicTacTi is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
16. Miscellaneous. TicTacTi member may not assign or transfer these Terms of Service (by operation of law or otherwise) without the prior written consent of TicTacTi and any prohibited assignment will be null and void. TicTacTi may assign these Terms of Service or any rights hereunder without your consent. These Terms of Service will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Service and the rules, restrictions and policies contained herein, and TicTacTi ’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and TicTacTi . These Terms of Service together with the rules and policies of TicTacTi LTD herein by reference constitute the entire agreement between TicTacTi and you with respect to the subject matter of these Terms of Service.
17. Questions. If you have questions about these Terms of Service please contact TicTacTi by emailing us to info@tictacti-inc.com.
