Last Updated: January 1st, 2015
Acceptance of Terms
Registration and Eligibility
You shall not:
- create any account for anyone other than yourself without such person's permission
- use a User Name that is the name of another person with the intent to impersonate that person
- use a User Name or Tassl account that is subject to any rights of a person other than you without appropriate authorization
- use a User Name that is not your legal name a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
- use a User Name or Tassl account that is not associated with the correct or appropriate University/Affiliation>
Tassl reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Tassl password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Tassl in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You understand that any linking to or from the App does not imply in any way that Tassl endorses or is affiliated with any third-party website. You agree that Tassl bears no responsibility or liability for any content accessed or harm caused from any third-party website.
The Service contains Content specifically provided by Tassl or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Trademark Information: You agree that all of Tassl's trademarks, trade names, service marks, and other logos and brand features, including “TasslApp”, displayed on the App (“Marks”) are trademarks and the property of Tassl. You agree not to display or use Tassl’s Marks in any manner without Tassls’s prior permission.
We may use your User Submissions in a number of different ways in connection with the Site, Service and Tassl’s business as Tassl may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Tassl a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Tassl’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Tassl does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Tassl.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Tassl will not be liable for any errors or omissions in any Content; and that Tassl cannot and does not guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time or may remain with users who have previously accessed or downloaded your User Submissions.
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
You shall not (directly or indirectly):
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
- you know is false, misleading, untruthful or inaccurate
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Tassl in its sole discretion
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming")
- involves commercial activities (whether or not for profit) and/or sales without Tassl’s prior written consent such as advertising
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tassl or any third party
- impersonates any person or entity, including any employee or representative of Tassl
- includes anyone's identification documents or sensitive financial information
- take any action that imposes or may impose (as determined by Tassl in its sole discretion) an unreasonable or disproportionately large load on Tassl’s (or its third party providers') IT infrastructure
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service
- bypass any measures Tassl may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service)
- run any form of auto-responder or "spam" on the Service
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site
- mine, harvest or scrape any Content from the Service
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Tassl
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder
- otherwise take any action in violation of Tassl’s guidelines and policies.
- Utilize App User contact information in ways outside the rules, regulations, or guidelines of your University
Special Terms for Profile Pages
If you have a member profile page (“Profile”) on the Service, you also agree to the following:
Third Party Sites and Services
- You may only administer a Profile if you are an authorized representative of the subject of the Profile.
- All Content posted on the Profile will be made available to all users of the Services.
- You may not display any Content on your Profile that is an ad or could be construed as an ad.
- Your Profile will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
- You will not direct your Profile, or any Content on your Profile, to children under the age of 13.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Tassl’s control, and you acknowledge that Tassl is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Tassl or any association with its operators. You further acknowledge and agree that Tassl 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 on any such Content, goods or services available on or through any such website or resource.
For Tassl Networks ("Schools") with access to the DigiMarc Scanner
, please refer to theDigimarc End User License Agreement (EULA)
Except to the extent required by law, Tassl has no fiduciary duty to you. You acknowledge that Tassl has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Tassl from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Tassl makes no representations concerning any Content contained in or accessed through the Service, and Tassl will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release Tassl from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable 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 Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
TASSL, AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ALL LIABILITY OF TASSL, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF TASSL, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED U.S. DOLLARS (USD$100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TASSL, NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT TASSL, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS FOR:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES
- LOSS OF ACTUAL OR ANTICIPATED PROFITS
- LOSS OF REVENUE
- LOSS OF GOODWILL
- LOSS OF DATA
- LOSS OF ANTICIPATED SAVINGS
- WASTED EXPENDITURE
- COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
Integration and Severability
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web App, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the App will comply with applicable copyright laws. If Tassl receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access to the App in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected App or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Tassl's Designated Agent to receive notification of alleged infringement under the DMCA is:
200 Federal Street
Camden, NJ 08103
Attn: Legal Department
Upon receipt of proper notification of claimed infringement, Tassl will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tassl’s Designated Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online App are covered by a single notification, a representative list of such works at that App;
2. Identification of the material on the App that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tassl to locate the material;
3. Information reasonably sufficient to permit Tassl to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Tassl’s Designated Agent (listed above) the following information in a written communication (preferably via email):
1. 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 access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]“;
4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
6. Your signature, in physical or electronic form.
Upon receipt of such counter notification, Tassl will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Tassl will replace the removed material or cease disabling access to it in 10 business days. Tassl will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Tassl will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
You may contact Tassl at the following address: firstname.lastname@example.org
Effective Date: January 1st, 2015