1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE; REGISTRATION
TSS is a social network. We provide access to TSS as described in this Agreement. When you create a TSS account by downloading a TSS software application, or access and use TSS, you confirm that: (1) you are at least 18 years of age, or that you are 13 years of age or older and that you have received your parents' or guardians' consent to enter into this Agreement, (2) any registration information you submit to TSS is true, accurate, and complete, (3) you will update such information in order to keep it current, and (4) you agree to the terms and conditions of this Agreement. When you sign up to TSS, you may sign in using your Facebook account. You are entirely responsible for maintaining the confidentiality of your Facebook account and password. You agree to not use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify TSS promptly if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. TSS is under no obligation to accept any individual as a user, and may accept or reject any registration in its sole and complete discretion.
3. MOBILE SERVICE
You are required to have the most recent version of the TSS mobile software application (the "Mobile Service") on your mobile handset in order to use the Mobile Service. The Mobile Service may be acquired only via the official channels authorized by TSS. You agree that your access to and right to use the Mobile Service is expressly conditioned on your registering via the authentication process associated with the Mobile Service, which authentication process may include additional terms and conditions applicable to the Mobile Service and any such terms shall form part of this Agreement. Only devices that are supported by TSS may be used to access the Mobile Service, and you agree that TSS has no obligation to support any particular make or model, whether or not such make or model is currently or was previously supported by TSS.
4. PUBLIC INFORMATION; FACEBOOK, TWITTER and other Social Media Platforms
TSS has features to: (1) post information that is viewable by other TSS users, and (3) integrate your activities on TSS with functionalities offered by other third-party social networking services, including Facebook and Twitter, including to connect your TSS account to your Facebook and/or Twitter accounts. After you login to TSS using your Facebook or Twitter account, your TSS profile, including your first and last name, Facebook or Twitter username, and Facebook or Twitter profile photo may automatically become viewable to other users of TSS. You agree that TSS is not responsible for content once it is shared to other Social Media Platforms.
5. COMMUNITY GUIDELINES
By accessing and/or using TSS, you hereby agree to comply with these community rules:
- You will not seek to annoy other fans, including those of other teams;
- You will not use TSS for any unlawful or unauthorized purpose;
- You will not submit false or misleading information;
- You will not use TSS to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access or use TSS to collect any market research for a competing business;
- You will not upload, post, email, transmit, or otherwise make available any content that;
- infringes any copyright, trademark, right of publicity, or other proprietary rights or confidential information of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person's email address, postal address, phone number, credit card information, or any similar information;
- You will not "stalk" or otherwise harass another;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not reverse-engineer, decompile, disassemble, modify or create derivative works based on TSS or any part thereof; and
- You will not interfere with or attempt to interrupt the proper operation of TSS through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to TSS through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to permanently or temporarily deny you access to TSS or specific parts of TSS (ex: specific teams), without notice, and to remove any content or user from TSS in our sole discretion, including, but not limited to, for behavior that does not adhere to these guidelines.
6. TSS CONTENT; TRADEMARKS; INTELLECTUAL PROPERTY
TSS contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of TSS (collectively referred to as the "TSS Content"). The TSS Content may be owned by us or by third parties. The TSS Content is protected under both United States and foreign laws. TSS hereby grants you, during your term as an authorized TSS user, a limited, non-exclusive, revocable license to download TSS software applications, to receive the TSS Content made available through TSS, and to make personal, non-commercial use of TSS. If you violate any part of this Agreement, your permission to access and/or use TSS automatically terminates and you must immediately destroy any copies you have made of the TSS Content. The trademarks, service marks, and logos of TSS, including, without limitation TSS (the "TSS Trademarks") used and displayed on TSS are registered and unregistered trademarks or service marks of TSS. Other company, product, and service names located on TSS may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with TSS Trademarks, the "Trademarks"). Nothing on TSS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the TSS Trademarks inures to TSS's benefit. Elements of TSS are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.
7. USER CONTENT AND PUBLICITY
Users of TSS retain all copyrights and other intellectual property rights in and to the content they post to TSS ("User Content"). Users do, however, hereby grant TSS and our sublicensees a non-exclusive, perpetual, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, advertise, publicly display, publicly perform, and otherwise use or exploit (including for profit) their User Content and all intellectual property and moral rights therein in any way throughout the universe, in each case, by or in any means, methods, media or technology now or hereafter known or conceived. This license also allows other TSS users to redistribute your User Content through TSS. Users also hereby grant TSS and our sublicensees the right, but not the obligation, to use their User Content, username, and profile in connection with any use of the related User Content permitted by the previous sentence and/or to advertise and promote TSS and/or TSS. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and photograph permitted by the foregoing rights and licenses may include the display of such User Content, username, and/or photograph adjacent to advertising and other material or content, including for profit. If you submit User Content, each such submission constitutes a representation and warranty to TSS that such User Content is your original creation (or you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph and that such User Content and its use by TSS and its content partners of such User Content as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory or obscene material. As described above, TSS makes it possible for you to post User Content on third-party websites, such as Facebook and Twitter. This use is accepted (and even encouraged). Pages on such third-party websites that display User Content may provide a link back to TSS.
8. NO WARRANTIES; LIMITATION OF LIABILITY
TSS AND ITS COMPONENTS AND ANY OTHER MATERIALS PROVIDED ON OR THROUGH TSS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TSS MAKES NO WARRANTIES WITH RESPECT TO TSS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT TSS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT: (1) TSS HAS NO CONTROL OVER (AND IS MERELY A PASSIVE CONDUIT WITH RESPECT TO) ANY USER CONTENT OR ADVERTISING THAT MAY BE SUBMITTED, PUBLISHED, OR SERVED ON TSS, (2) TSS DOES NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT, ADVERTISING, OR OTHER COMMUNICATIONS POSTED VIA TSS OR ENDORSE ANY OPINIONS EXPRESSED VIA TSS, (3) TSS MAY CONTAIN MATERIALS THAT MIGHT BE OFFENSIVE, HARMFUL, INACCURATE, DECEPTIVE, OR OTHERWISE INAPPROPRIATE, AND (4) YOU ARE SOLELY RESPONSIBLE (AND ASSUME ALL LIABILITY AND RISK) FOR DETERMINING WHETHER OR NOT SUCH MATERIALS ARE APPROPRIATE OR ACCEPTABLE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE TSS; (2) ANY CONDUCT OR CONTENT ON TSS, INCLUDING WITHOUT LIMITATION, ANY USER CONTENT; AND (3) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TSS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9. EXTERNAL SITES
TSS may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold TSS and its officers, directors, employees, subsidiaries, affiliates, agents, partners, licensees, and licensors harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your representations or warranties given in this Agreement or your access to, use, or misuse of TSS. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
TSS respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.
Please submit any Notification of Claimed Infringement of the Digital Millennium Copyright Act (the "Act") to: DMCA@TSS.me
TSS is based in the United States. We make no claims concerning whether TSS content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access TSS or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of TSS, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of TSS at any time without prior notice or liability.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree: (1) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts; and (2) that TSS shall be deemed a passive service that does not give rise to personal jurisdiction over TSS, either specific or general, in jurisdictions other than the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "TSS Content; Trademarks; Intellectual Property," "User Content and Publicity," "No Warranties; Limitation of Liability," "Indemnification," "Termination of the Agreement," and "Miscellaneous."
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by you and us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.