Terms & Conditions
TOM BIHN, INC. Terms of Service
Last Updated: September 28, 2015
This contract is a binding, legal document between TOM BIHN, INC., its subsidiaries and affiliates (collectively, "TOM BIHN," "We," "Us"), and you governing the use of our websites and our services.
2. Age Requirement
4. Compliance and Disclosure
5. No Liability For Third-Party Websites or Services
6. Modification of Terms
7. Use of Services
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
a. TOM BIHN Code of Conduct
TOM BIHN gives users a virtual platform where they can interact and communicate with one another about interests, hobbies, and experiences. "User Posts" refer to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials-whether publicly posted or privately transmitted on the TOM BIHN Services.
By using TOM BIHN and participating in the TOM BIHN Services, you agree that your User Posts will not contain anything that is or could appear to be:
- Threatening, bullying, harmful, stalking another user, harassing, hateful;
- Racially, ethnically, or otherwise objectionable;
- Offensive language;
- Untrue, misleading, libelous, invasive to another person's privacy or protected data;
- Pornographic, sexually explicit, unlawful or plagiarized;
- Infringing or allegedly infringing on a third party's intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
- Anything that you do not have the legal right to transfer;
- Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- Unsolicited, undisclosed, or unauthorized advertising;
- Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
- Data or information obtained by the unauthorized access of another's computer or account with which such a posting or submission would constitute unauthorized use; and
- Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).
TOM BIHN takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that TOM BIHN deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that TOM BIHN will pursue civil remedies without providing advance notice.
b. Responsibility for User Posts
Any User Posts that are either posted publicly or privately on the TOM BIHN Services is the sole responsibility of the user who posted it. Your access to the TOM BIHN Services and User Posts is AT YOUR OWN RISK. TOM BIHN cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
c. User Post Content Disclaimer
While TOM BIHN is a closed environment, TOM BIHN cannot guarantee the identity of any users with whom you interact on our Services. TOM BIHN also cannot guarantee which users gain access to the Services. Your use of the TOM BIHN service is AS IS and AT YOUR OWN RISK.
d. User Identity Disclaimer
TOM BIHN may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. TOM BIHN has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on TOM BIHN Services. You are solely responsible for how you view and interpret User Posts on the TOM BIHN Services.
8. Monitoring User Posts
TOM BIHN expressly disclaims any and all liability in connection with User Posts. BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT TOM BIHN RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES. ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU "AS IS" AND "AT YOUR OWN RISK."
TOM BIHN reserves the right to modify or remove User Posts in its sole discretion and without prior notice. TOM BIHN also reserves the right to terminate a user's account and access to Services at any time in its sole discretion and without prior notice.
a. Copy Restrictions
TOM BIHN respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
- decompile, disassemble, or electronically transfer our Services to third parties;
- modify our Services in any way;
- reverse engineer, or permit others to reverse engineer, our Services;
- copy the site text, help features, user forums and other documentation associated with our Services;
- rent, lend, publicly perform, present, broadcast or distribute our Services;
- make derivative works of our Services;
- translate our Services into another computer language;
- use our Services on a device that you do not own or control;
- permit multiple users to share a single user name to our Services; or
- copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.
b. Harmful or Illegal Use
By using the Services, you agree to respect TOM BIHN and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
- use our network to send unsolicited bulk electronic mail messages ("Spam");
- use "warez," including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
- use or launch any automated system on our network, including (without limitation) "robots" or "spiders."
- use a false email return address to confuse other users;
- attempt to access other networks or accounts that do not belong to you on our network;
- undergo any act that interferes with the Services of another user or network;
- circumvent security measures on the network or our Services;
- engage in illegal activities or engage in activities harmful to the operations of TOM BIHN, our Services or other customers and users;<?
- use the network or Services to collect or use any personally identifiable information ("PII") including, without limitation, account names, email addresses, User Posts or other User Data;
- engage in terroristic activities;
- send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
- Provide false data on any of the Services.
9. Intellectual Property Rights
The content provided in the Services, except all User Posts, is owned by or is licensed to TOM BIHN. This includes, but is not limited to the text, graphics, photos and interactive features created by and for TOM BIHN (collectively, "TOM BIHN Content"). This also includes trademarks, service marks, and logos contained in our Services ("TOM BIHN Marks"), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the TOM BIHN Content or Marks.
The TOM BIHN Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. TOM BIHN Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of TOM BIHN Content obtained through the Services for any commercial purpose.
WARNING: If you provide any ideas, suggestions, or recommendations on this site regarding TOM BIHN's products, technologies or services ("Feedback"), TOM BIHN may use such Feedback and incorporate it in TOM BIHN products, technologies, and services without paying royalties and without any other obligations or restrictions."
10. Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide TOM BIHN's Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the TOM BIHN Services, with enough detail that we are able to find it on the Services;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it's agent, or the law;
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
Our Designated Copyright Agent to receive notifications of claimed infringement is:
4750A Ohio Ave S
Seattle WA 98134
11. User Data and Accounts
a. User Data
TOM BIHN does not own any data, information, or material that you submit to the Services ("User Data"). You, not TOM BIHN, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. TOM BIHN cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
b. User Accounts
If your information changes, it is your responsibility to update your account to reflect these changes. If TOM BIHN feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, TOM BIHN may suspend or terminate your account.
12. Term and Termination
a. Termination or Cancellation by TOM BIHN
TOM BIHN reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
If TOM BIHN suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.
13. Representations and Warranties
a. TOM BIHN's Representations and Warranties
TOM BIHN represents and warrants that in performing the Services provided in this Agreement that:
- It has the authority and is legally able to form a binding contract with you;
- It will, at a minimum, conform to generally accepted industry standards and practices;
- It will be qualified by education and experience to perform the duties required in this Agreement; and
- It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
b. Your Representations and Warranties
By registering for and using our Services:
You represent and you warrant that you are legally able to form a binding contract with TOM BIHN, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
- You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
- You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
- You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
- You agree to immediately notify TOM BIHN of any unauthorized use of your account or any other breach of security. TOM BIHN will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
- You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated. TOM BIHN does not claim ownership to or responsibility for, any User Post or User Data.
- TOM BIHN reserves the right, but does not assume the responsibility, to monitor or review any activity on TOM BIHN's Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
- You agree that you will not engage in any activity that interferes with or disrupts TOM BIHN services or servers or networks connected to TOM BIHN services.
- You represent and you warrant that you will not use TOM BIHN Services in any way considered "prohibited" (please read the "Use of Services" section above for more information). These actions are subject to the strict regulation of TOM BIHN and are grounds for suspension or termination of your account.
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless TOM BIHN, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys' reasonable fees) related to:
a. Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
b. Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
c. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
d. The unavailability of websites or Services.
In the event that a claim, suit, or action ("Suit") is brought against you, we will provide notice of this Suit to your contact information we have on file.
15. Limitation of Liability
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOM BIHN, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE TOM BIHN SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TOM BIHN HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO TOM BIHN SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO TOM BIHN DURING THE PRIOR THREE MONTHS IN QUESTION.
16. Internet Delays
TOM BIHN SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TOM BIHN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
17. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOM BIHN SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TOM BIHN DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF TOM BIHN SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A TOM BIHN AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
18. Exclusions and Limitations
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
19. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service.
20. No Agency
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and TOM BIHN by this Agreement.
You agree that TOM BIHN may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on TOM BIHN Services.
a. Entire Agreement
b. Choice of Law and Forum
The Terms of Service and the relationship between you and TOM BIHN are governed by the laws of the State of Washington. You and TOM BIHN agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
c. Location and Data Transfers
Our Services and the servers that make the TOM BIHN website available may not be located in the country where you live and are governed by U.S. Law. By using the TOM BIHN services, you agree to the transfer, collection, processing and use of data by TOM BIHN.
TOM BIHN may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. TOM BIHN may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
e. Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If TOM BIHN does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by TOM BIHN in writing.
f. Statute of Limitations
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 TOM BIHN Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Questions or Additional Information