Website Terms of Service

(Last Reviewed on April 2, 2014)

Welcome to the TigerText website, (the “Site”). The Site is a copyrighted work belongingto TigerText, Inc., a Delaware corporation (“TigerText”). TigerText grants you the right to use the Site and the features, content or applications offered in connection with the Site subject to the terms and conditions (“Terms”) set forth below.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THE SITE

THE TERMS OF THIS AGREEMENT (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING, DOWNLOADING, AND/OR USE OF THE SITE. YOU MAY NOT USE THE SITE OR ACCEPT THE AGREEMENT IF (I) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (II) YOU ARE PROHIBITED BY LAW FROM RECEIVING OR USING THE SITE. BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ACCESS, DOWNLOAD, OR USE THE SITE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, DOWNLOAD, OR USE THE SITE.

By using the Site, you agree to comply with and to be bound by these Terms, and the terms set forth in TigerText’s Privacy Policy, the terms of which are incorporated into,
and considered part of, this Agreement. TigerText’s Privacy Policy can be found at www.tigertext.com.

We reserve the right to change these Terms at any time at our sole discretion. By using the Site after any such change, you agree to comply with and to be bound by these Terms
as changed. TigerText reserves the right at any time and for any reason, with or without notice, to: (1) modify, suspend, interrupt or terminate operation of or access to the Site, or any portion thereof; and (2) modify or change the Site and the applicable terms and policies.

USE OF THE SITE

Subject to the Terms, TigeText grants you a non-transferable, non-exclusive license to use, view, and access the Site solely for the purpose of using the Site as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor in TigerText, and not to compete with TigerText.

WHAT YOU CANNOT DO THROUGH THE SITE

In addition to other limitations set forth in these Terms, by using the Site, you agree not to: (1) use any data mining, robots, or similar data gathering and extraction methods in connection with the Site; (2) interfere with the operation of the Site or with any other person’s use of the Site; (3) impose an unreasonable burden on the Site or network; (4) breach, or attempt to breach, the security of the Site; (5) gain unauthorized access to the Site or any part thereof; (6) use the Site for any purpose that is beyond the scope of the Site’s expected use, illegal or prohibited by these Terms; (7) solicit any activity, unlawful or otherwise, that infringes TigerText’s rights or the rights of any other party; and (8) use the Site to transmit: spam, junk email, bulk email, promotions, or other solicitations, content that includes any advertising or marketing materials; content that may be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct; content that violates or infringes on our legal rights or copyrights, or the legal rights or copyrights of others; or viruses, bugs, worms, or any other computer code that may harm a network, computer, server, hardware, software, or telephone equipment.

TIGERTEXT SERVICES & SOFTWARE

If you use, access or download any of TigerText’s software or services, you will be subject to the terms of TigerText’s End User Terms of Use & License Agreement, the terms of which are incorporated into, and considered part of, this Agreement. TigerText’s End User Terms of Use & License Agreement can be found at www.tigertext.com.

USER SAFETY & USER AGE RESTRICTION

Although TigerText cannot guarantee user safety, TigerText seeks to be responsive to your concerns. If you are aware of or have been the recipient of threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate messages through the Site, then please send a brief description of your concerns to support@TigerText.com.

The Site shall not be used by any person under the age of 13, and by using the Site you are warranting that you are 13 years of age or older. TigerText also strongly recommends that children ages 13 through 17 consult their parents or legal guardians before using the Site. If you believe a child under the age of 13 is using the Site, please send all pertinent information to support@TigerText.com.

ACCOUNT SECURITY

If you open an account through the Site (including establishing a username and password), you agree to provide accurate and truthful information about yourself and to keep your account current. You are responsible for any activity that occurs under you account and you are entirely responsible for the security and secrecy of your account login information and for all activity that occurs on your account as a result of your failure to maintain the security or secrecy of your account login information. You agree to notify TigerText immediately of all unauthorized use of your account and if the security or secrecy of your account login information has been compromised. You may be held responsible for any losses incurred by TigerText or any other user of the Site that are in any way related to your failure to maintain the security of your account information.

INTELLECTUAL PROPERTY

Unless otherwise stated, all intellectual property, materials, works, software, code and other functions used in conjunction with the Site, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site, as well as their selection and arrangement and “look and feel” (collectively, the “Content”) are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of the Content may violate such laws and these Terms. Except as expressly provided herein, TigerText does not grant any express or implied rights to use the Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on the Content or their selection and arrangement on the Site, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the Content, the Site or any related software, except as expressly authorized herein. The Site may also make available materials, information and services provided by third parties, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively, the “Third Party Content”). The Third Party Content may be governed by separate license agreements that accompany such content. Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. TigerText offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content, including any liability resulting from incompatibility between the Third Party Content and the Content offered by TigerText. You agree that you will not hold TigerText responsible or liable with respect to the Third Party Content or seek to do so.

Further, we are not responsible for any third party websites accessed through the Site, and you should review the terms of use and policies of any website to which you navigate
from the Site. If you decide to leave the Site and access third party websites or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. To the extent the Site contains links to outside services and resources, you acknowledge that: (1) TigerText is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (2) TigerText is not responsible for any other form of transmission received from any linked site. TigerText provides these links to you only as a convenience, and the inclusion of any link does not imply our approval or endorsement. Any issues or concerns regarding any such site should be directed to the owner or operator of that site.

“TigerText” and other TigerText graphics, logos, designs, page headers, button icons, scripts and Site names are trademarks in the United States and other countries. Our trademarks and trade dress, as well as third party trademarks, logos and Site marks contained on the Site, may not be used in connection with any product or Site in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TigerText or such third party that may
own the mark.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that information contained on the Site infringes your copyright, please provide us with written notification as set forth below. We will review all claims of copyright infringement received and remove content that we deem, in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

• A clear description or identification of the copyrighted work that you claim was
• A clear description or identification of the material you claim infringes the
• Your contact information, preferably including an email address and telephone
• Include the following or similar statement: “I have a good faith belief that the
• Include the following or similar statement: “I swear, under penalty of perjury,
• The notice must be signed by the owner or the person authorized to act on its
• TigerText’s designated agent to receive and act on copyright violations infringed; copyrighted work and information reasonably sufficient to allow us to locate the material on the Site (e.g., a link to the material you claim is infringing); number; material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.” that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” behalf. under the Digital Millennium Copyright Act (DMCA) may be contacted at: accounts@TigerText.com or TigerText, Attn: Copyright Claims, 2110 Broadway, Santa Monica, California 90404. We will review and address all notices that comply with the requirements set forth above. Please do not send any correspondence unrelated to claims of copyright infringement as they will not be responded to.

PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES, WHICH MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.

In accordance with the DMCA, TigerText has adopted a policy of terminating account holders who are deemed to be repeat copyright infringers.

APPLE, INC. APP STORE

The Terms apply to your use of the Site and any iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

• Both you and TigerText acknowledge that the Terms are concluded between you and TigerText only, and not with Apple, and that Apple is not responsible for the Application or any content therein;
• The Application is licensed to you on a limited, non-exclusive, non-
transferrable, non-sublicensable basis, solely to be used in connection with the
• You will only use the Application in connection with an Apple device that you
• You acknowledge and agree that Apple has no obligation whatsoever to furnish
• In the event of any failure of the Application to conform to any applicable
• You acknowledge and agree that TigerText, and not Apple, is responsible
• You acknowledge and agree that, in the event of any third party claim that Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; own or control; any maintenance and support services with respect to the Application; warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
for addressing any claims you or any third party may have in relation to the Application; the Application or your possession and use of the Application infringes that
third party’s intellectual property rights, TigerText, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a
• Both you and TigerText acknowledge and agree that, in your use of the
• Both you and TigerText acknowledge and agree that Apple and Apple’s U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless TigerText, its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees) due to, arising out of or relating in any way to your use of, or access to, the Site.

DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SITE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE SITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will TigerText its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from: (1) the use of, or inability to use, the Site; (2) the performance of the Site; or (3) the conduct of other users of the Site, even if TigerText has been advised of the possibility of such damages. You assume total responsibility for your use of the Site. Your only remedy against TigerText for dissatisfaction with the Site is to stop using the Site. If, notwithstanding the terms herein, TigerText is found liable to you for any damage or loss which arises out of or is in any way connected with your
use of the Site, TigerText’s liability shall in no event exceed $100 US Dollars. In addition to the forgoing limitations of liability, you agree that you will not join any claim against TigerText with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no claim you have against TigerText shall be resolved on a classwide basis; and that you will not assert a claim in a representative capacity against TigerText on behalf of anyone else.

CONTROLLING LAW AND SEVERABILITY

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.

ENTIRE AGREEMENT; MODIFICATIONS

This Agreement constitutes the entire agreement between the parties with respect to the terms and conditions governing your use and access to the Site.  This Agreement supersedes and cancels all previous written and previous or contemporaneous oral communications, proposals, representations, and agreements relating to the subject matter
contained herein. This Agreement prevails over any pre-printed, conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or
other document issued by you.  This Agreement may be modified by a “click wrap” or “click accept” agreement that TigerText incorporates into or as a condition of downloading
software.  Except as expressly provided herein, this Agreement may be amended, or any term or condition set forth herein waived, only by a writing hand signed by both parties. 

WAIVER

 
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.  

NOTICE

Any notice required or permitted to be given in accordance with this Agreement shall be in writing.  Notices to TigerText shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: TigerText, Inc., 2110 Broadway, Santa Monica California 90404, U.S.A., Attention: General Counsel.  For contractual purposes, you consent to receive communications from TigerText electronically.  Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account.  All notices will be deemed given:  (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless TigerText is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail, (or ten (10) days for international mail; or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery).  Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.

EQUITABLE RELIEF

The parties agree that a material breach of this Agreement adversely affecting TigerText’s intellectual property rights in the Site may cause irreparable injury to TigerText for which monetary damages would not be an adequate remedy and TigerText shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.