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TIFF.COM TERMS OF USE AGREEMENT

1.  DEFINITIONS.

 

(a)        “You” shall refer to the user of the Tiff.com website and its related services.

 

            (b)        “Tiff.com” means Tiff.com, the provider of the Services (defined below)  or any of its successors, subsidiaries, divisions or assigns.

 

            (c)        “App” shall refer to any mobile or web app created by Tiff.com.

 

            (d)       “Service(s)” refers to Your use of the website, App for any purpose whatsoever, including, but not limited to accessing it as a guest, registering for use as a Member or enrolling as a Subscriber, as hereinafter defined, whether by means of a computer, a mobile device or mobile application, or other means.

 

            (e)        “Member” means a person who provides information to Tiff.com on the website, App or participates in Tiff.com’s service, whether as a free member or subscriber.

 

            (f)        “Subscriber” means anyone who enrolls in a Paid Subscription, as defined hereafter. 

 

            (g)        “Guest” means anyone who accesses any feature or service of the website, App without providing information to Tiff.com.

 

2.  OVERVIEW OF AGREEMENT.

 

            This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions applicable to Your use of the website, or App and all Services offered by Tiff.com.  The Tiff.com Privacy Policy (the “Privacy Policy”) is incorporated by reference into this Agreement.  By accessing the website or the website, App, You agree to be bound by all terms of this Agreement and the Privacy Policy, whether or not You register as a Member.  If You do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not use the website, the website, App or any Service.

 

YOUR USE OF THE SERVICES REPRESENTS YOUR CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING USE OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE UNITED STATES MAY NOT HAVE THE PROTECTIONS FOR YOUR PERSONAL INFORMATION WHICH YOU HAVE IN YOUR COUNTRY OF RESIDENCE OR THE COUNTRY FROM WHICH YOU ACCESS THE SERVICES. 

           

  1. TIFF.COM DOES NOT PROVIDE MEDICAL OR PROFESSIONAL ADVICE.

           

The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice.  Any physical or mental health related content that may be provided to you through the Services is generalized information and not specific to you as an individual.  By agreeing to the terms of this Agreement you acknowledge that information provided to you through the services may not be appropriate or relevant to your personal situation.

 

While You may find our Services to be beneficial to You mentally, emotionally, physically and spiritually (and we hope that you do), our Services are not intended to be used to diagnose, treat, cure, or prevent any medical or mental health conditions or as a substitute for consulting with your health care professionals. If you rely on any information provided to you through the Services you acknowledge and agree that this is done solely at your own risk.  You should never delay in seeking health care advice from a health care professional, such as a doctor or psychiatrist, and you should not disregard health care advice received from a health care professional because of information that you have received through the Services.  If you have any questions about your physical or mental health, you should consult your healthcare professionals. 

 

  1. NOTICE OF ARBITRATION PROVISION.

 

Please note that these terms contain an arbitration clause. Except for certain types of disputes mentioned in the arbitration clause and, unless you opt-out of arbitration in the manner set forth in this Agreement, You and Tiff.com agree that disputes relating to these terms, Your use of the website, App and Services or in any way arising out of your use of the website, App or Services, including use of third-party services obtained through the website, App or the services will be resolved by mandatory binding arbitration as further set forth below.

 

In addition, this Agreement contains a waiver of rights You have to participate in a class-action lawsuit or class-wide arbitration against Tiff.com that in any way concerns the website, App or the Services.

 

3. ACCEPTANCE OF AGREEMENT.

 

            (a)        This Agreement is an electronic contract that establishes the legally binding terms You must accept to use the website, App and any Service, and to become a Member and/or Subscriber.  This Agreement includes any additional terms disclosed and agreed by You if You become a Member and/or Subscriber or if You purchase or accept additional Services offered on the website, App.

 

            (b)        By accessing the website, App or using any Service, You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to You in electronic form.  Please print a copy of this Agreement for Your records.  This Agreement may be modified by Tiff.com from time to time, and such modifications shall be effective upon Tiff.com’s posting such Agreement to the website or the website, App.  Your continued use of Services after such modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement.  It is Your obligation to review the Agreement to become aware of any modifications.

 

            (c)        By using the Service, You consent to receive this Agreement in electronic form.  To withdraw this consent, You must cease using any Service, and terminate any Account or Membership (as defined hereafter), as applicable.

 

4. ELIGIBILITY.

 

            You must be at least eighteen (18) years of age to access or use the website, App or the Services in any manner.  Any use of the Service is void where prohibited.  By visiting the website, App or accepting these Terms of Use, You represent and warrant to Tiff.com that You: (i) are 18 years of age or older, and that You have the right, authority, and capacity to agree to and abide by the Agreement; (ii) will use the website, App in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.  Using the Service may be prohibited or restricted in certain countries.  If You access the Service from outside of the United States, You are responsible for complying with the laws and regulations of the territory from which You access or use the website, App or Service.

 

5. RIGHT TO USE.

 

            Your right to use the Service is subject to any limitations, conditions, and restrictions established by Tiff.com from time to time, in our sole discretion.  Tiff.com may alter, suspend, or discontinue any aspect of the Service at any time.  Tiff.com may also impose limits on certain features and aspects of the Service, or restrict Your access to parts or all of the Service without notice or liability and for any reason. 

 

6. MEMBERSHIP AND PAID SUBSCRIPTION.

 

            (a)        You may register as a Member at no cost and You may also use the website, App as a guest without registering.  As a Member, You may use some, but not all, of the features and services available within the Service.  As a guest, You may use some, but not all, of the features and services available within the Service.  If You are a Guest, your access to the features and services may be more limited than a Member’s access.  To access all the website, App’s features and services You must enroll in a paid subscription to the Service (a “Paid Subscription”). Such additional features and services which you can obtain with a Paid Subscription are described in the website, App.  Absent special offers, You acknowledge and agree that if You are not a Subscriber (defined above), You will not be able to use all of the features and services available within the Service.  A Member profile (both Subscribers and non-Subscribers) may remain posted on the website, App even if that Member is not actively using the Service.

 

            (b)        If You enroll in a Paid Subscription, the following additional terms and conditions will apply.

 

                        (i)         Payment to Tiff.com. You agree to pay Tiff.com all charges at the prices You agreed to for use of the Paid Subscription, and You authorize Tiff.com to charge Your chosen payment provider (the “Payment Method”) using the information You provide.  Tiff.com may correct any billing errors or mistakes that it makes even if it has already requested or received payments.  This Section 6(b) includes any agreements You made with Tiff.com on the website, App when becoming a Member or Subscriber.  The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer, or other provider of Your chosen Payment Method.  If You initiate a chargeback or otherwise reverse a payment made with Your Payment Method, Tiff.com may in its discretion terminate Your Membership and/or Paid Subscription immediately.  If Tiff.com successfully disputes the reversal, and the reversed funds are returned, You are not entitled to a refund or to have Your Membership and/or Paid Subscription reinstated.

 

                        (ii)        Cancellation by You.  Your Paid Subscription will continue indefinitely until cancelled by You.  After Your initial subscription commitment period, and again after any subsequent subscription period, Your Paid Subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing.  You agree that Your Tiff.com account (“Account”) will be subject to this automatic renewal feature.  If You do not wish Your Account to renew automatically, or if You want to change or terminate Your Paid Subscription, log in to Your Account on the website, App and opt out of automatic renewal of Your purchase following the directions contained therein.  If You cancel Your Paid Subscription, You may use Your Paid Subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires.  However, You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.  By enrolling in the Paid Subscription, You authorize Tiff.com to charge Your Payment Method now and again at the beginning of any subsequent subscription period.  You also authorize Tiff.com to charge You for any sales or similar taxes that may be imposed on Your subscription payments.  Upon renewal of Your Paid Subscription, if Tiff.com does not receive payment from Your Payment Method provider, You agree to pay all amounts due upon demand and/or You agree that Tiff.com may either terminate or suspend Your Paid Subscription and continue to attempt to charge Your Payment Method provider until payment is received (upon receipt of payment, Your Account will be activated and for purposes of automatic renewal, Your new subscription commitment period will begin as of the day payment was received).

 

                        (iii)       Payment Information.  It is Your sole obligation to provide accurate and complete Payment Method information (for example, credit card information), and to timely update Your Account with any changes to such information (such as a change in billing address, card number, or expiration date).  You must promptly notify Tiff.com if Your Payment Method is cancelled (including if You lose Your card or it is stolen), or if You become aware of a potential breach of security.  Changes to such information can be made by logging on to Your Account on the website, App and following the instructions contained therein.  If You fail to provide Tiff.com any of the foregoing information, You agree that You are responsible for fees accrued under Your Account.  In addition, You authorize Tiff.com to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.

 

            (iv)  Further Subscription Information.  Tiff.com offers several subscription options including, monthly, yearly and lifetime subscriptions. For the purposes of our lifetime subscription, a lifetime is 75 years or until the time that Tiff.com ceases to offer the Services.

 

            (v)  Refund Policy.  If you purchase a subscription through the website, Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.

 

7. MODIFICATIONS TO SERVICE.

 

            Tiff.com reserves the right at any time to modify or discontinue, temporarily or permanently, the website, App or the Service (or any part thereof) with or without notice.  You agree that Tiff.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.  To protect the integrity of the website, App or the Service, Tiff.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the website, App or Service.  If Tiff.com temporarily or permanently discontinues the website, App or Service, You will not be charged for such period of discontinuation if the period of discontinuation exceeds a period of one week.

 

8. TERM AND TERMINATION.

 

            (a)        This Agreement will remain in full force and effect while You use the Service and/or are a Member and/or Subscriber.

 

            (b)        If You are Subscriber who pays via periodic payments (i.e., monthly) You may change or cancel Your Membership or Paid Subscription at any time, for any reason, by logging in to Your Account and following the instructions to change or cancel Your Membership or Paid Subscription.  If You cancel Your Paid Subscription, Tiff.com requires a reasonable amount of time to process the action, and You will enjoy subscription benefits until the end of Your then-current subscription commitment, following which Your subscription benefits will expire.  However, all payments for Paid Subscriptions are non-refundable, and in no event will You be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment.  If You paid for Your Paid Subscription using a multi-payment option, You must make all payments even if You cancel Your Paid Subscription prior to the end of Your then-existing subscription commitment period.  Paid Subscriptions cannot be transferred to any other account.

 

            (c)        Canceling a Paid Subscription does not automatically cancel Your Membership.  If You are a Subscriber and You cancel Your Paid Subscription but not Your Membership, You will continue to be a Member in the Service. 

 

            (d)       Tiff.com may terminate or suspend Your Membership and/or Paid Subscription in the Service at any time without notice if Tiff.com believes that You have breached this Agreement.  Upon such termination or suspension, You will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees You owe shall immediately become due.  Tiff.com is not required to disclose, and may be prohibited by law from disclosing to third parties, the reason for the termination or suspension of Your account.

 

            (e)        After Your Membership or Paid Subscription is terminated for any reason, all terms of this Agreement shall survive such termination, and shall continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

9. ACCOUNT SECURITY.

 

            You are responsible for maintaining the confidentiality of Your Account username and password, and You are solely responsible for all usage or activities on the Service that occur under Your username and password.  You agree to immediately notify Tiff.com of any disclosure or unauthorized use of Your Account username or password, or any other breach of security.

 

10. NON-COMMERCIAL USE.

 

            The website, App and Services are for personal use only.  Members and/or Subscribers may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user of the Service to buy or sell any products or services not offered by Tiff.com, or (ii) soliciting others to attend parties or social functions, or networking, for commercial purposes.  Users of any Service may not use any information obtained from such Service to contact, advertise to, solicit, or sell to any other user of the Service without his or her express prior written consent.  Organizations, companies, and/or businesses may not use the website, App or Services for any purpose without Tiff.com’s express permission.  Tiff.com may investigate and take any available legal action in response to illegal and/or unauthorized uses of the website, App, including collecting usernames and/or email addresses of Members and/or Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website, App.

 

11. INTERACTIONS WITH OTHER MEMBERS.

 

            YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.  YOU ACKNOWLEDGE THAT TIFF.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS.  TIFF.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS.  TIFF.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.

 

            TIFF.COM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER.  AS NOTED IN AND WITHOUT LIMITING SECTIONS 19 AND 20, IN NO EVENT SHALL TIFF.COM BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET THROUGH THIS SERVICE.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE WEBSITE, APP, WEBSITE OR MEET IN PERSON.  YOU ACKNOWLEDGE THAT TIFF.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE.  UNDER NO CIRCUMSTANCES SHOULD YOU PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER MEMBERS OR USERS OF THE SERVICE.

 

12. PROPRIETARY RIGHTS.

 

            Tiff.com owns and retains all proprietary rights in the website, App and the Service, and in all, trademarks, trade names, service marks, and other intellectual property rights related thereto.  The website, App contains copyrighted material, trademarks, and other proprietary information of Tiff.com and its licensors.  Such information may be protected whether or not it is identified as proprietary to Tiff.com or its licensors.  YOU AGREE TO NOT COPY, MODIFY, TRANSMIT, CREATE ANY DERIVATIVE WORKS FROM, MAKE USE OF, OR REPRODUCE IN ANY MANNER ANY COPYRIGHTED MATERIAL, TRADEMARKS, TRADE NAMES, SERVICE MARKS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY INFORMATION ACCESSIBLE ON THE WEBSITE, APP OR THROUGH THE SERVICE, WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN CONSENT OF TIFF.COM OR, IF SUCH PROPERTY IS NOT OWNED BY TIFF.COM, THE OWNER OF SUCH INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.  You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.

 

13. CONTENT POSTED BY YOU.

 

            (a)        You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display, or otherwise make available (hereinafter, “post”) on the Service or transmit to other Members and/or Subscribers, including emails, videos (including streaming videos), photographs, voice recordings, or profile text, whether publicly posted or privately transmitted (collectively, “Content”).  You may not post on the website, App or as part of the Service, or transmit to Tiff.com or any other Member and/or Subscriber (either on or off the website, App), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).  You represent and warrant that all information that You submit upon registering as a Member and/or Subscriber is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading, or false.

 

            (b)        You acknowledge and agree that Tiff.com may, but is not obligated to, monitor or review any Content You post on the website, App or as part of the Services.  Tiff.com may delete any Content, in whole or in part, that in the sole judgment of Tiff.com violates this Agreement or may harm the reputation of the website, App or Tiff.com.  Tiff.com may restrict the number of emails or messages which a Member may send to other Members in any 24-hour period to a number which Tiff.com deems appropriate in its sole discretion.

 

            (c)        By posting Content to the website, App or as part of the Service, You automatically grant to Tiff.com an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify, and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.  You represent and warrant that any posting and use of Your Content by Tiff.com will not infringe or violate the rights of any third party.

 

            (d)       In addition to the types of Content described in Section 13(a) above, the following is a partial list of the kind of Content prohibited on the website, App.  You shall not post, upload, display, or otherwise make available Content that:

  • promotes racism, sexism, bigotry, hatred, or physical harm of any kind against any group or individual;

  • advocates harassment or intimidation of another person;

  • requests money from, or is intended to otherwise defraud, other users of the website, App or Service;

  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming,” “phishing,” “trolling,” or similar activities);

  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous, or otherwise objectionable;

  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio, or video, or links to pirated images, audio, or video files;

  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

  • provides material that exploits people in a sexual, violent, or other illegal manner, or solicits personal information from anyone under the age of 18;

  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating, or creating computer viruses;

  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components, or devices;

  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

  • provides information or data You do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

  • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;

  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and

  • publicizes or promotes commercial activities and/or sales without Tiff.com’s prior express written content such as contests, sweepstakes, and advertising.

 

Tiff.com reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including, but not limited to, removing the offending communication from the website, App and terminating or suspending such violators’ Membership.

 

            (e)        Your use of the website, App and Service, including all Content You post through the Service, must comply with all applicable laws and regulations.  You agree that the Tiff.com may access, preserve, and disclose Your Account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with court orders; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to Your requests for customer service or allow You to use the website, App in the future; or (v) protect the rights, property, or personal safety of Tiff.com or any other person.

 

            (f)        You may not post any telephone numbers, street addresses, last names, URLs, or email addresses in areas of Your Member profile that may be viewed by other Members.  You agree that any Content You place on the website, App to be viewed by other Members may be viewed by any person visiting the website, App or participating in the Service.

 

14. PROHIBITED ACTIVITIES.

 

            Tiff.com reserves the right to investigate and/or terminate Your Membership and/or Paid Subscription if You have misused the Service or engaged in behavior Tiff.com regards as inappropriate or unlawful, including actions or communications that occur off the website, App but involve members You meet through the Service.  The following is a partial list of the type of action that You may not engage in with respect to the Service.  You shall not:

 

  • impersonate any person or entity;

  • solicit money from any Members;

  • post any Content that is prohibited by Section 13;

  • "stalk" or otherwise harass any person;

  • express or imply that any statements You make are endorsed by Tiff.com without Tiff.com’s express prior written consent;

  • ask or use Members to conceal the identity, source, or destination of any illegally gained money or products;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the website, App, Service or its contents;

  • collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website, App;

  • interfere with or disrupt the Service or the website, App or the servers or networks connected to the Service or the website, App;

  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the website, App or Service (either directly or indirectly through use of third party software);

  • "frame" or "mirror" any part of the Service or the website, App, without Tiff.com's prior written authorization;

  • use meta tags or code or other devices containing any reference to Tiff.com, the website, App or the Service (or any trademark, trade name, service mark, logo or slogan of Tiff.com) to direct any person to any other website for any purpose;

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the website, App or any software used on or for the Service or the website, App, or cause others to do so; or

  • post, use, transmit, or distribute, directly or indirectly (e.g. screen scrape), in any manner or media any content or information obtained from the website, App or the Service other than solely in connection with Your use of the Service in accordance with this Agreement.

 

15. CUSTOMER SERVICE.

 

            Tiff.com provides assistance and guidance through its customer care representatives primarily through email.  When communicating with our customer care representatives (whether via the telephone, email, or letter), You agree to not engage in behavior that is reasonably considered abusive, obscene, profane, offensive, threatening, harassing, racially offensive, sexist, or otherwise inappropriate behavior.  Telephone calls between You and Tiff.com’s customer care representatives may be recorded for quality assurance purposes.  If Tiff.com deems Your behavior towards any of its customer care representatives or other employees threatening or harassing at any time, Tiff.com reserves the right to immediately terminate Your Membership and/or Paid Subscription and You will not be entitled to any refund of unused subscription fees.

 

16. COPYRIGHT POLICY; PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS.

 

            You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the express prior written consent of the owner of such proprietary rights.  Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our designated agent with 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, App that is reasonably sufficient to enable Tiff.com to find the alleged infringing material (for example, a URL);

  • 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; and

  • 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.

 

            Notice of claims of copyright infringement should be emailed to Tiff.com through the contact us page.

                       

            Tiff.com will terminate the Accounts of repeat infringers.

 

17. COMMUNICATIONS.

 

            When You register as a Member, You agree and consent to receive email messages from us.  These emails may be transaction or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from Tiff.com or third party partners.  Please see Tiff.com’s Privacy Policy for more information regarding these communications. 

 

18. EXTERNAL LINKS.

 

            The website, App may contain, and the Service or third parties may provide links to other websites or resources or advertisements and promotions offered by third parties (collectively, “External Links”).  You acknowledge and understand that Tiff.com does not monitor such External Links and that such links may not conform to the Tiff.com content guidelines.  YOU ACKNOWLEDGE AND AGREE THAT TIFF.COM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL LINKS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, STATEMENTS, ADVERTISING, GOODS OR SERVICES, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL LINKS.  YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE, APP OR SERVICE ARISING OUT OF THE USE OF SUCH EXTERNAL LINKS, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY.  YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT AND ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF SUCH EXTERNAL LINKS.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT TIFF.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY SUCH CONTENT, INFORMATION, STATEMENTS, ADVERTISING, GOODS OR SERVICES, OR OTHER MATERIALS ON OR THROUGH ANY SUCH EXTERNAL LINK. 

 

19. DISCLAIMERS.

 

            (a)        You acknowledge and agree that neither Tiff.com nor its affiliates and third party partners are responsible, and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of: (i) any incorrect, misleading or inaccurate content posted on the website, App or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the website, App or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member or user of the Service; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TIFF.COM PROVIDES THE WEBSITE, APP AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  TIFF.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.  TIFF.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY TIFF.COM, ANY USER OF THE SERVICE, OR ANY OTHER PERSON OR ENTITY.  YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK.  YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

 

            (b)        ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.

 

            (c)        From time to time, Tiff.com may make third party opinions, advice, statements, offers, or other third party information or content available on the website, App and/or through the Service.  All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon.  Such third-party authors are solely responsible for such content.  TIFF.COM DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE.  UNDER NO CIRCUMSTANCES WILL TIFF.COM BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.

 

            (d)       In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the website, App or through the Service is for educational, informational and entertainment purposes only and is not intended to replace or substitute for any professional medical, financial, legal, or other advice.  Tiff.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website, App or Service.  If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist. (e)

 

20.  LIMITATION OF LIABILITY.

 

            TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL TIFF.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TIFF.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TIFF.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TIFF.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.  YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

21. ARBITRATION AND WAIVER OF CLASS ACTION.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BINIRVANA, AND LIMIT THE MANNER IN WHICH YOU CAN BRING CLAIMS YOU MAY HAVE AGAINST TIFF.COM INCLUDING A WAIVER OF ANY RIGHTS YOU HAVE TO BRING OR PARTICIPATE IN A CLASS ACTION.

(a)        Unless You opt-out of this Arbitration Agreement in the manner provided below, You agree that the exclusive means of resolving any dispute or claim arising out of or in any way relating to the website, App, the Services, or this Agreement (including the breach thereof shall be through BINDING ARBITRATION administered by JAMS Arbitration Services in San Francisco, California.  The means of commencing any arbitration, as well as the rules and procedures for such arbitration can be found at www.jamsadr.com.  Notwithstanding the foregoing, You shall have the right to bring an individual claim against Tiff.com in a small-claims court of competent jurisdiction.  However, whether You choose arbitration or small-claims court, You may not under any circumstances commence or maintain against Tiff.com any class action, class arbitration, or other representative action or proceeding or participate in such an action. Notwithstanding the foregoing, You and Tiff.com are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents (“IP Litigation”).  Without limiting the preceding sentence, you will also have the right to litigate any other matter in a court if you provide Tiff.com with written notice of your desire to do so by email through the contact us page​. or within thirty (30) days of Your first use of the Services.  The opt-out notice should state in its reference line “opt-out notice” and provide Your name, address, and email address.  If you don’t provide us with an opt-out notice within the thirty (30) day period, you waive your right to have any matter decided by a court, except for small claims court and IP Litigation.  The exclusive jurisdiction and venue of any IP Litigation or, if you timely provide us with an arbitration opt-out notice, any other action, will be the state and federal courts located in the Northern District of California and You agree that You waive any objection to jurisdiction and venue in such courts.

 

            (b)        By using the website, App or the Service in any manner, You agree to the above arbitration agreement (unless You provide us with an “opt-out notice).  In doing so, YOU FORFEIT YOUR RIGHT TO GO TO COURT, EXCEPT SMALL CLAIMS COURT, to assert or defend any claims between You and Tiff.com.  YOU ALSO FORFEIT YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.  At Arbitration, Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.  You are entitled to a fair hearing before the arbitrator.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

            (c)        Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.  In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Tiff.com (except for small-claims court actions) may be commenced only in the federal or state courts located in San Francisco County, California.  You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

22.  GOVERNING LAW.    

 

This Agreement, and any dispute between You and Tiff.com, shall be governed by the laws of the state of California without regard to principles of conflicts of law. However, the arbitration agreement shall be governed by the Federal Arbitration Act.

 

23. INDEMNITY

 

            You hereby agree to indemnify, defend and hold harmless Tiff.com and all of its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any loss or liability, including without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim or demand made by any third party arising out of Your breach of, or failure to comply with, this Agreement (including any breach of Your representations and warranties contained herein), any postings or Content You post on the website, App or as a result of the Service, and the violation of any law or regulation by You.  You shall cooperate as fully as reasonably required in the defense of any such claim.  Tiff.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which You shall fully cooperate with Tiff.com in connection therewith.

 

24. NOTICE.

 

            Tiff.com may provide You with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the website, App.  Such notices may not be received if You violate this Agreement by accessing the Service in an unauthorized manner.  You agree that You are deemed to have received any and all notices that would have been delivered had You accessed the Service in an authorized manner.

 

25. ENTIRE AGREEMENT; OTHER.

 

            This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the website, App, contains the entire agreement between You and Tiff.com regarding the use of the website, App and/or the Service.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  The failure of Tiff.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  You agree that Your online account is non-transferable and that all of Your rights to Your profile or contents within Your Account terminate upon Your death.  No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations on behalf of, or bind, Tiff.com in any manner.

 

26. AMENDMENT OF THIS AGREEMENT.

 

            This Agreement is subject to change by Tiff.com at any time.  If You are a non-subscribing Member at the time of any change, the changes shall be effective upon posting the revised terms on the website, App and Your use of the Service after such posting will constitute acceptance by You of the revised Agreement.  If You are a Subscriber and this Agreement is changed and You do not agree to the changes, You can cancel Your Subscription by sending a “notification of cancellation” based on Your not agreeing to the changes to either or both of contact@Tiff.com.com or Tiff.com, 237 Mountain View Avenue, Mill Valley, CA 94941 within fifteen (15) days of being notified that this Agreement has been changed.  In the “notice of cancellation” You must state the why you can no longer agree to this Agreement, citing the specific change that You do not agree to.  If the change that You cite as the basis for Your cancellation was not actually changed by the amendment to this Agreement, You will not be permitted to cancel.  In the event that You properly cancel Your Subscription, You agree that You will be charged an amount equal to what You would have paid if You had Subscribed as a monthly Subscriber for all of the months for which You used the Service up to the time of our receipt of Your cancellation.  If we do not receive a cancellation notice from You within the fifteen (15) day period stated above, this will constitute acceptance by You of the changes to this Agreement.  

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