Last updated: March 4, 2013
Thanks for using our products and services (“Services”). The Services are provided by Tricraft LLC (its subsidiary and affiliate corporations, successors, and assigns collectively referred to as “Tricraft”), at our address 4636 Lebanon Pike #152, Hermitage TN 37076, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
YOU MAY NOT USE ANY TRICRAFT WEBSITE AND/OR SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY TRICRAFT WEBSITE AND/OR SERVICES MAY BE TERMINATED IMMEDIATELY IN TRICRAFT’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
The information presented on this Website should not be construed as professional advice, consultation or service. Do not transmit any confidential information over the Website until you have formally engaged Tricraft to perform services on your behalf.
1. Use of Website Content
C. Tricraft encourages you to carefully choose the information you submit, post, or provide to others using the Website or Website features (e.g., comments, blogs, video chat sessions, etc.). Any conversations or information you have or share with others using features that are available on the Website and any User Submissions (defined below) may be accessible and viewable by all other users or by other registered members of the Website. Tricraft does not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Website, such as the video chat feature or the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.
D. Tricraft reserves the right to remove, edit or reject any User Submissions (defined below) at any time, in its sole discretion. Furthermore, Tricraft may restrict, suspend or terminate any user’s access to all or any part of the Website or its features at any time, for any or no reason, with our without notice and with no liability to Tricraft whatsoever.
2. Website Access
B. In order to access features of the Website, you will have to create a registered member account and access our Website through a third party platform that requires you to have a login name and password (e.g, Facebook). Tricraft does not store or have access to your password. You may never use another member’s account or share your account with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account. You must notify Tricraft immediately of any breach of security or unauthorized use of your account by contacting us at support@Tricraft.com.
C. You agree that you will not use the Website and the services and features offered through the Website (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without Tricraft’s prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations. In order to protect third parties and other users from such prohibited conduct, Tricraft reserves the right to restrict, in its sole discretion, communications which a user may send through the Website.
Tricraft prohibits the use of the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email (“Spam”). You may not use any Services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Tricraft’s Services or customers.
In addition, email sent, or caused to be sent, to or through the Services may not:
1. Use or contain invalid or forged headers;
2. Use or contain invalid or non-existent domain names;
3. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
4. Use other means of deceptive addressing;
5. Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
6. Contain false or misleading information in the subject line or otherwise contain false or misleading content;
7. Fail to comply with additional technical standards described below; or
Tricraft does not authorize the harvesting, mining or collection of email addresses or other information from or through the Services. Tricraft
Tricraft does not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of the Services, or that could interfere with any other party’s use and enjoyment of any Service.
If Tricraft believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Tricraft may immediately terminate any account on any Service, which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Services. Failure to enforce this policy in every instance does not amount to a waiver of Tricraft’s rights. Unauthorized use of the Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (“Website Content”) is owned by or licensed to Tricraft, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest in the Website Content, trademarks or service marks contained on this Website. Website Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. Tricraft reserves all rights not expressly granted in and to the Website and the Website Content. You agree to not engage in the use, copying, or distribution of any of the Website Content other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website Content or User Submissions or enforce limitations on use of the Website or the Website Content and User Submissions.
5. User Submissions
You acknowledge and agree that Tricraft shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website and you hereby waive any claims against Tricraft for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Tricraft’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Website any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Tricraft does not and cannot review all information posted to the Website by users and is not responsible for such information. However, Tricraft reserves the right to refuse to post and the right to remove any information posted on the Website, in whole or in part, for any reason or for no reason.
6. Notices of Infringement and Takedown by Tricraft
Tricraft prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to Tricraft at the address shown below and provide a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Tricraft will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Tricraft’s contact for submission of notices under this Section 5 is: Tricraft LLC, 4636 Lebanon Pike #152, Hermitage TN 37076.
7. Third-Party Websites
Any links provided on this Website to third party external websites are for general informational purposes only and Tricraft does not adopt or endorse any third party statements contained or presented on such websites. Further, the following web link activities are explicitly prohibited by Tricraft and may present trademark and copyright infringement issues:
• Links that involve unauthorized use of Tricraft’s logo or any trademarks, service marks, taglines, or other copyrighted material;
• Framing, inline links or metatags; and
• A hyperlink or another form of link that disguises the URL and bypasses the homepage.
9. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other Website Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Website; (iii) a description of the location on the Website of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tricraft’s designated Copyright Agent for notice of claims of infringement is:
DMCA Designated Agent
4636 Lebanon Pike #152
Hermitage TN 37076
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tricraft’s customer service at support@Tricraft.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
B. Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state your are located and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, Tricraft shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, Tricraft may, in its sole discretion, reinstate the removed material or cease disabling such material.
C. In accordance with the DMCA and other applicable law, Tricraft shall, in appropriate circumstances, terminate access, at Tricraft’s sole discretion, of any registered member that Tricraft finds to be a repeat infringer of others copyrights. Tricraft may also, in its sole discretion, limit or fully terminate access to the Website of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT TRICRAFT IS NOT ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRICRAFT AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE WEBSITE CONTENT. TRICRAFT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER TRICRAFT NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
11. Limitation of Liability
Tricraft will not be liable for any damages of any kind, including but not limited to compensatory, punitive, direct, indirect, incidental, consequential, special or similar damages, even if advised of the possibility of such damages, arising from the use of this website or third party external websites. Specifically, and without limiting the generality of the foregoing, neither we, nor any other party involved in creating, producing, serving, hosting, maintaining and/or updating this website shall be liable, under any circumstances, for any damages, including but not limited to compensatory, punitive, direct, indirect, incidental, consequential, special or similar damages, including, but not limited to damages arising from mistakes, omissions, interruptions, deterioration or corruption of files, deletion or corruption of e-mail, errors, loss of data, loss of profits, defects, viruses, and/or delays, that result from your use of or inability to use this website, resulting from acts including but not limited to acts of God, network failure, hardware or software failure, theft, unauthorized access, Tricraft’s negligence or your own errors and/or omissions, and any other cause, even if Tricraft has been advised of the possibility of such damages. You agree that this section applies to all content, goods and services available through this website. In any jurisdiction where exclusion or limitation of liability for any type of damage is prohibited, Tricraft’s liability is limited to the maximum extent allowed by that jurisdiction.
If you are under 13 years of age, then please do not use the Website and exit now.
You agree to indemnify Tricraft from any damages, losses, costs, or expenses that it may incur as a result of your use of the Website or your use of the content, goods and/or services available through the Website.
16. Governing Law; Venue & Jurisdiction
Claims relating to the Website, to the use of this Website, and to the information content, material, goods and services available through the Website are governed by the laws of the United States and of the State of Tennessee, without reference to their rules regarding conflicts of law. You unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state or federal courts in Nashville, Tennessee for all disputes and any litigation concerning the Website and your use of the Website.
17. Integration Clause