2. Age Requirement
You agree that by using this Website you are at least 18 years of age and you are legally able to enter into a contract. If you are not at least 18 years of age, you must not access or use the Website.
4. Accessing the Website and Account Security
4.1 When you open an account to use or access certain portions of the Website, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Tatatu immediately of any unauthorized use of your account, user name or password. Tatatu shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Tatatu, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
5. Intellectual Property Rights
5.1 Any and all intellectual property rights (“Intellectual Property”) associated with the Website are the sole property of Tatatu, its affiliates or third parties. The Website’s content is protected by copyright and other laws. Certain parts of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.
5.3 Tatatu grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by Tatatu, and (b) access and use the Tatatu computer and network services offered within the Website (the “Tatatu Systems”) only in the manner expressly permitted by Tatatu. Except for this limited license, Tatatu does not convey any interest in or to the Tatatu Systems, information or data available via the Tatatu Systems (the “Information”), Content, Services, Website or any other Tatatu property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Tatatu. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Tatatu.
6. Prohibited Uses
6.1 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Tatatu reserves the right to bar any such activity.
6.2 You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Website or to any Tatatu server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
6.3 You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Tatatu, including any Tatatu account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
6.4 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Tatatu’s systems or networks, or any systems or networks connected to the Website or to Tatatu.
6.5 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
6.6 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tatatu on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
7. User Contributions
7.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
7.3 Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
7.4 You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
7.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8. Monitoring and Enforcement; Termination We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Changes to the Website
Any aspect of the Website may be changed, supplemented, deleted or updated without notice at our sole discretion. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
11. Information About You and Your Visits to the Website
12.2 Inbound Links. Linking to any page of the Website other than to http://www.tatatu.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Tatatu. Any website or other device that links to http://www.tatatu.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Tatatu or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Tatatu or any of its affiliates, (e) presenting false information about Tatatu products or services, and (f) using any logo or mark of Tatatu or any of its affiliates without our express written permission.
TATATU DOES NOT MAKE ANY PROMISES WHATSOEVER THAT THE WEBSITE WILL BE FREE OF ERRORS OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES. TATATU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TATATU FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
14. Limitation on Liability
Except where prohibited by law, in no event will Tatatu be liable to you for any punitive, consequential, indirect, exemplary, or incidental damages, including but not limited to lost profits, even if we have been advised of the possibility of such damages.
16. Governing Law and Dispute Resolution
16.1 This Agreement shall be governed by and construed in accordance with the laws of Nevis without regard to its conflict of laws or choice of law rules.
16.2 You and Tatatu agree that any dispute, claim, or controversy between you and Tatatu arising in connection with or relating in any way to these Agreements or to your relationship with Tatatu as a user of the Website (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) shall be submitted to and resolved by mandatory binding individual (not class) arbitration. You and Tatatu further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements. YOU AND TATATU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
16.3 If the arbitration provision of Section 16.2 is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, You and Tatatu agree to the jurisdiction of the Courts of Nevis to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under this Section 16.
17. Waiver and Severability
18. Entire Agreement