Tuna Traffic Terms of Use
Date Modified: December 2010
Agreement Between User And Tuna Traffic
Tuna Traffic is offered to you conditionally upon your acceptance without modifying the conditions, terms and notices contained herein. We reserve the right to change the condition, terms and notices upon which Tuna Traffic is being offered, including but not limited to the charges associated with the use of Tuna Traffic. Any changes shall be effective five (5) business days after being posted on the Tuna Traffic website. When we change these terms of use, we will also change the “Date Modified” date above. We encourage you to read these terms of use periodically. Your use of Tuna Traffic constitutes your agreement to all such conditions, terms, and notices.
Subscription
Your Tuna Traffic subscription includes the features which are detailed on the website for the Tuna Traffic service or product for which you subscribe.
Customer Support
Customer Support for your subscription is included in the first month of your subscription. Upon successive months, your subscription allows for up to 2 phone support calls per month, If additional calls are necessary, you may be referred seek additional Tuna Traffics products and services.
Payment
Your Tuna Traffic subscription is billed on the first day of service. The subscription is automatically renewed and billed each month on the same day of the month as the first day of service (or the last day of the month, if your subscription begins on a day that does not have a corollary in the month being billed.
The Tuna Traffic subscription may be canceled for any reason at the end of your current billing period. No refunds of pre-paid subscription fees will be offered. Customer will not have access to Tuna Traffic portal following cancellation of service. Tuna Traffic may delete all information, content and images within 60 days of termination.
Payment for additional fees such as consulting or guidance packages and migration fees are due at the beginning of the engagement with no refunds available.
Customer Reference
You agree that we can use your company name slogans, and logo in connection with promoting and marketing Tuna Traffic.
Use and Limitations of Use
We authorized you to use the features of Tuna Traffic which correspond to the service or product for which you subscribe and pay the subscription fee for usage in according to the terms of use and our product description of condition of Tuna Traffic usage is that, you warrant to us that you will not use Tuna Traffic for any purpose that is prohibited or unlawful by these notices, conditions and terms. You may not use Tuna Traffic in any manner which could disable, overburden, damage, or impair the Tuna Traffic website or interfere with any other party’s use and enjoyment of Tuna Traffic. You may not receive or attempt to receive any Tuna Traffic materials or information through any means not intentionally provided or made available for Tuna Traffic. You shall not (i) license, sublicense, ,assign, transfer, sell, resell distribute or otherwise commercially exploit or make available to any third party Tuna Traffic or its content in any way; (ii) Make derivative works or change based upon Tuna Traffic or its content; (iii”mirror” or “frame” any of its content in any other wireless or server or internet device; or (iv) reverse engineer or access Tuna Traffic in order to (a) design and build a competitive service or product, (b) design and build a product using functions, ideas, features or graphics of Tuna Traffic or (c) replicate any features, functions, ideas or graphics of Tuna Traffic.
You agree not to access (or attempt to access) Tuna Traffic by any means other than through the Tuna Traffic website or other interface provided to you by us, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) Tuna Traffic through any automated means (including use of web crawlers or scripts) and shall ensure that you comply with any instructions supplied by any files present on Tuna Traffic.
Use of Communications Services
Tuna Traffic may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion but undertake no obligation to monitor the Communication Services. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about any person in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, Tuna Traffic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Intellectual Property Ownership
We alone (and our licensors, where applicable) own all interest, title and right, including all related intellectual property rights, in and to the Tuna Traffic technology, the Tuna Traffic template and content and any feedback, ideas, suggestions or enhancement request, recommendations or other generalized information provided by you or any other party relating to Tuna Traffic or pursuant to this Agreement. This Agreement is not a sale and does not convey to you any rights of ownership in or related to Tuna Traffic, Tuna Traffic content or Tuna Traffic technology or the intellectual property rights owned by us. The Tuna Traffic logo, the Tuna Traffic name, and the product names associated with Tuna Traffic are our trademarks or those of third parties, and no right or license is granted to use them.
Customer Data Confidentiality
Confidential customer data is the property of the customer. Tuna Traffic will not use specific confidential information without prior customer consent and permission. Tuna Traffic may use aggregate de-identified customer data and statistics for external marketing and internal review analysis.
The privacy of your information is important to us. We only use information you provide as permitted by our Privacy Policy and applicable law. You may review our Privacy Policy at the following link: http://tunatraffic.com/privacy-policy.
Materials Provided To Us Or Posted At Any Tuna Traffic Website
Tuna Traffic does not claim ownership of the materials you provide to Tuna Traffic (other than feedback, information and suggestions relating to Tuna Traffic as provided above) or upload, input or post or submit to any Tuna Traffic website or its associated services (collectively “Submissions”) or works specifically created by Tuna Traffic for you. By -inputting uploading and posting, providing or submitting your Submission you are granting Tuna Traffic, our affiliated companies and necessary sublicenses, the permission to use your Submission in connection with the operation of our and their businesses. No compensation will be paid for the use of your Submission. We are under no obligation to use or post any Submission you may provide and may remove any Submission at any time in our independent discretion.
By posting, inputting, providing, uploading or submitting your Submission you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide upload, input, post or submit the Submissions.
You agree to hold harmless and indemnify us against any claims or losses imposed on, asserted or incurred as a result of or relating to: (a) the unauthorized use of Tuna Traffic by any other person using your user information. (b) Your noncompliance with any of the terms and conditions hereof, or (c) your use of Tuna Traffic
Links to Third Party Sites
Tuna Traffic may contain links to third-party websites (“Linked Sites”). We are not responsible for the contents of any Linked Site, and the Linked Sites are not under our control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided as a convenience, and any Linked Site included does not imply endorsement by Tuna Traffic of the Linked Site or any association with its operators.
Liability Disclaimer
THE INFORMATION, SERVICES, PRODUCTS OR SOFTWARE INCLUDED IN OR AVAILABLE THROUGH TUNA TRAFFIC MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES AND EDITIONS ARE PERIODICALLY MADE TO TUNA TRAFFIC. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN TUNA TRAFFIC AT ANY TIME. ADVICE RECEIVED VIA TUNA TRAFFIC SHOULD NOT BE RELIED UPON FOR PERSONAL, FINANCIAL, MEDICAL OR LEGAL DECISIONS AND YOU SHOULD CONSULT AN THE APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE, AVAILABILITY, TIMELINESS, RELIABILITY, SUITABILITY AND ACCURACY OF THE SOFTWARE, INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH TUNA TRAFFIC FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SOFTWARE,, INFORMATION PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF TUNA TRAFFIC, WITH THE DELAY OR INABILITY TO USE TUNA TRAFFIC OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY SOFTWARE, INFORMATION,PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH TUNA TRAFFIC, OR OTHERWISE ARISING OUT OF THE USE OF TUNA TRAFFIC , WHETHER BASED ONTORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE NOT SATISFIED WITH ANY PORTION OF TUNA TRAFFIC, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TUNA TRAFFIC.
Termination/Access Restriction
We reserve the right, in our sole discretion, to terminate your access to Tuna Traffic and the related services or any portion thereof at any time, immediately upon notice.
General
To the maximum extent permitted by law, this agreement is governed by the laws of the state of Wisconsin, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin, U.S.A. in all disputes arising out of or relating to the use of Tuna Traffic. Use of Tuna Traffic is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, employment, partnership or agency relationship exists between you and us as a result of this agreement or your use of Tuna Traffic. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of Tuna Traffic or information gathered by or provided to us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed removed from this agreement and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to Tuna Traffic and it supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic between you and us with respect to Tuna Traffic. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Tuna Traffic Copyright Takedown Procedure
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to support@tunatraffic.com. ALL INQUIRIES NOT RELEVANT TO TUNA TRAFFIC WILL RECEIVE NO RESPONSE.
If you believe any materials accessible on or from Tuna Traffic infringe your copyright, you may request removal of those materials (or access thereto) from Tuna Traffic by contacting our copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the place to locate (ie: URL) an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the infringed material.
3. Your name, address, email address and telephone number.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner, agent or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative or agent.
Our agent for copyright issues relating to this web site is as follows:
Geoffrey R. Schiveley
Hostak, Henzl & Bichler, S.C.
840 Lake Avenue
Suite 300
Racine, WI 53403
(262) 632-7541
(262) 632-1256 (fax)
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers to and account holders of Tuna Traffic who are repeat infringers.
Notices
The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, with return receipt requested to the contact address set forth on the contact page of Tuna Traffic and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.