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Terms of Use Agreement

The following terms and conditions govern all use of this website (the "Website" or "Tipalink.com") and all content, services (the "Services"), and products available at or through this website (collectively, "Tipalink") as provided by Tipalink, Inc. and our subsidiaries (hereafter, "we", "our", or "us"). Tipalink is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on the Website (collectively, the "Agreement").

Please read this Agreement carefully before using this website. By accessing or using any part of Tipalink, you agree to become bound by the terms and conditions of this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. This includes all users of Tipalink (the "Users"). Please read this Agreement in full. You indicate your acceptance of this Agreement by using Tipalink. If you do not agree to all the terms and conditions of this agreement, then you may not access Tipalink. If these terms and conditions are considered an offer by Tipalink, acceptance is expressly limited to these terms.

This Agreement sets out the legally binding terms for your use of Tipalink. We may modify this Agreement from time to time and such modification shall be effective upon posting to the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes our policy for acceptable use and content posted on the Website, your rights, obligations, and restrictions regarding your use of Tipalink.

Tipalink Services

Tipalink includes a website and collection of software services for sending payments ("Tips") to the owners/authors of web pages, which are identified using web addresses, also known as URLs (the "Link(s)"). Tipalink provides a platform for Users who wish to tip ("Tippers") on Links registered by other Users who own/control the content on those web pages ("Link Owners").

Please see About and the FAQ for more details.

 

We have no control over the truth or accuracy of the ownership of the content on the web pages the Links point to nor the ability of Users to pay Tips on the Links. Further, we never own and do not transfer legal ownership of Links.

We reserve the right to revise, suspend, or discontinue any portion of the Website and Services without notice.

Account Registration

Users must create an account on Tipalink.com (the "Account Registration" or "User Registration") and verify their email address with us in order to make full use of the Website and Services. Users must have an account (the "User Account" or "Account") to keep track of their Tabs, view their tipping history, activate a user profile, and receive tips.

Account Registration requires a validated email address. Additional personal information may be collected and saved (the "Account Info"), including, but not limited to name, address(es), and phone number(s). Account Info will NOT be disclosed on the Website unless as described in the Privacy Policy. After placing an order, User Account Info will be disclosed with the the Link Registerer in order to complete the transaction. The owner of the User Account is the person who created the User Account.

We reserve the right to disable or remove any User Account at any time and for any good reason.

Please read Privacy Policy for more details.

 

Profile Page

The Website includes Profiles to individual web pages (the "User Profile Page", "User Profile", or "Profile") for each User who completes the Account Registration and activates a Profile. A Profile is required to receive tips.

Information collected and stored in a User Account for the User's Profile Page ("Profile Info") may include a Profile Image, Profile Name / Title, Profile Description, Payment Processing Account Information, Profile Location (includes Country, State / Region, and City / Location), and Social Media links (which may include links to a Facebook page, Twitter page, Pinterest page, and Instagram page).

User Profile Info is provided and approved by the Users during User Profile activation and when editing their User Profile. All of this information is fully disclosed on the User's Profile Page on the Website. Any and all potential Users and Website visitors can view the User Profile Page -- a login is NOT required.

We reserve the right to disable or remove any Profile on the Website at any time and for any good reason.

Registering Links

Links are registered by users who have activated a User Profile. Users must add their Profile ID to the website/web page(s) that the Link points to in order to successfully verify and register the Link to their account via their Profile. Minimum and maximum tip amounts may be configured and they are saved in US Dollars. Conversion to other currencies is available and subjected to currency exchange fluctuations.

We reserve the right to disable or remove any Link on the Website at any time and for any good reason.

Reporting Links

Any user with an account may report a link to alert us of inappropriately attributed link ownership. In so doing, we will send an email to the User who has registered the Link to open an investigation.

Private Messaging

Users can private message the Profiles of Link Owners and an email will be sent to both Users that includes the submitting User's email address in the "Reply-To" field. The email address of the User Profile receiving the message is kept private and is never publically shared. See the Privacy Policy for more details.

Account Cancellation

An User may cancel his/her User Account and the owner of the User Account may close his/her account any time by notifying us via e-mail. We will cancel the User Account / close the User Account as soon as possible. All User Info will be removed from the Website. Upon cancelation, the User will not be entitled to a refund of any previously charged subscription or advertising fees, if applicable.

Eligibility

Engaging in use of the Website and the Services, including registering for a User Account, is void where prohibited. By using the Website and the Services, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of Tipalink shall not violate any applicable law or regulation. You are solely responsible for all content published or displayed through your Account and Profile, including any comments or messages.

User Responsibility

The User assumes complete responsibility for any and all risks associated with using or accessing Tipalink. This includes, but is not limited to, computer viruses infecting the user's computer and/or other electronic equipment. Furthermore, be advised that we make no guarantee that connection to the Website and Services will occur in a timely manner or that the connection will not become interrupted.

Thus, the user agrees that at no time shall any Tipalink, Inc. owner, affiliate, director, officer, employee, agent, representative, licensor, contractor and/or their respective heirs be held liable for damages of any kind related to or arising from access or use of this Website or Services.

Term & Fees

This Agreement shall remain in full force and effect while you use Tipalink. You may terminate your User Account at any time and for any reason by notifying us. We may terminate your User Account for any reason, effective upon sending notice to you at the email address you provide during Account Registration or such other email address as you may subsequently provide to us. If we terminate your User Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if applicable). Even after your User Account is terminated, this Agreement will remain in effect. The Terms of Use and/or subscription fees that were provided to you at Account Registration may change from time to time. By using the Services and by Account Registration, you acknowledge that we reserve the right to charge for the Services and has the right to terminate a User Account should the User breach this Agreement or fail to pay for the Services, as required by this Agreement.

Proprietary Rights in Content

The Website and Serives may contain copyrighted material, trademarks, logos, and other proprietary information of Tipalink, Inc. and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

I. You understand and agree that we may review and delete any content, message, photo, Account Info, or User Profile info (collectively, "Content") that in the sole judgment of us violates this Agreement or which may be offensive, illegal or violates the rights, harm, or threatens the safety of any User.

II. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website or any material or information that you transmit to other Users.

III. By posting any Content to the public areas of the Website, such as writing a review on an Link, you hereby grant to us the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

IV. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the usership or account of such violators. Prohibited Content includes Content that:

  • - is mean, offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • - conduct that is abusive, threatening, obscene, defamatory or libelous
  • - harasses or advocates harassment of another person
  • - involves any unsolicited mass mailing or spamming
  • - promotes information that you know is false or misleading
  • - promotes illegal activities
  • - promotes an illegal or unauthorized copy of another person's copyrighted work
  • - contains restricted or password only access pages
  • - provides material that is too sexual in nature
  • - provides instructional information about illegal activities
  • - solicits passwords or personal identifying information from others

V. You must use the Website and Services in a manner consistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, logos, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of us to terminate the Account of any User or User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify us by email and provide the following information:

  • - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • - a description of the copyrighted work that you claim has been infringed
  • - a description of where the material that you claim is infringing is located on the Website
  • - your address, telephone number, and email address
  • - a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Privacy

Use of the Website and/or the Service is also governed by the our Privacy Policy. Except as provided in the Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent, unless required by law. We store and process Content on computers located in the United States that are protected by physical as well as technological security.

Disclaimers

We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users or Users of the Website or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any user of the Website or the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or User communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline. The Website and the Services are provided "AS-IS" and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and does not promise any specific results from use of the Website and/or the Services.

Limitation on Liability

IN NO EVENT SHALL Tipalink, Inc. OR ITS MEMBERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF USE.

Revisions and Errata

The materials appearing on the Website and Services could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website and Services are accurate, complete, or current. We may make changes to the materials contained on the Website and Services at any time without notice. We do not, however, make any commitment to update the materials.

Off-Website Links

We have not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

We may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Disputes and Governing Law

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of South Carolina without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of South Carolina.

Indemnity

You agree to indemnify and hold Tipalink, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Miscellaneous

This Agreement is accepted upon your use of the Website and is further affirmed by you registering a User or User Account and/or becoming a User of the Services. This Agreement constitutes the entire agreement between you and Tipalink, Inc. regarding the use of the Website and/or the Services. The failure of Tipalink, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.