Tea Leaf Media, LLC
Online Terms of Service
This page describes the terms and conditions that govern your use of certain Tea Leaf Media, LLC digital products, including tealeafnation.com and mobile applications, offered by Tea Leaf Media, LLC and/or any of its affiliates and subsidiaries (“us” or “we”).
General Terms; Definitions
If you choose to use tealeafnation.com (the “Site”), our mobile sites and applications (if any), and/or any of the features of the Site, including but not limited to RSS, API, search and commenting functions, and other software, functions or downloads (collectively, the “Services”, or each a “Service”), you agree to abide by all of the terms and conditions of these Terms of Service between you and Tea Leaf Media, LLC, whether or not you are a registered member of the Site.
We may change, add, or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site, and by continuing to use this Site as either an unregistered guest or a registered member, you agree to any changes.
IF YOU ARE A REGISTERED MEMBER AND ANY OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING AN E-MAIL TO: ADMIN@TEALEAFNATION.COM with “Unsubscribe” and your user name in the title of the E-MAIL. (SEE THE TERMINATION SECTION REGARDING TERMINATION OF SERVICE.) YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS.
We may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Content Available on the Services
The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including but not limited to articles, posts, comments, photographs, images, illustrations, audio clips, and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by us or by the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Services and Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in the following section of these Terms of Service), create new works or derivative works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any of the Content for other than personal use is expressly prohibited without prior written permission, either from us or from the copyright holder identified in the copyright notice contained in the Content.
You acknowledge that the Content is owned by or licensed to us. Certain Content may be furnished by third parties. We will not be liable for any delays, inaccuracies, errors, or omissions in any Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
User-Generated Content, Including Comments.
Rules of Conduct for User-Generated Content
- You shall not upload to, distribute, or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal or inappropriate material.
- Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless or irrelevant messages, or “spam.”
- Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
- Debate, but don’t attack. In a community full of opinions and preferences, people can be expected to disagree. We encourage active discussions and welcome debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Services.
The Services shall be used only in a non-commercial manner. You shall not, without our express, written approval, distribute through the Services or otherwise publish on the Site any material containing any solicitation of funds, advertising, or other solicitation for goods or services.
You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Tea Leaf Media, LLC and you waive any rights you may have to prevent the material from being altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs, and made available for republishing through other formats.
You grant us a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for us or any third party we designate to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or the Site, including any Submission posted on or to the Services through a third party. If you have any rights to the Submissions that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our users, clients or partners anywhere in the world, with respect to such rights.
You are solely responsible for the content of your Submissions. However, while we do not and cannot review every Submission and are not responsible for the content of these messages, we reserve the right to delete, move, or edit Submissions that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
Any person involved in or affiliated with the production of a work reviewed on the Site or elsewhere in the Services may not submit a review for that work or competing works.
Access and Availability of Services and Links
The Services may contain links to other related Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any external link to the administrator of such site.
Representations and Warranties; Limitation of Liability
You represent, warrant, and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old.
You agree to defend, indemnify, and hold harmless Tea Leaf Media, LLC, its parent company, officers, directors, members, employees, contributors, writers, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (i) your use of and access to the Site or the Services; (ii) your violation of any term of these Terms of Service or the foregoing representations, warranties, and covenants; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Submission or Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site or the Services. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
THE SERVICES AND ANY CONTENT PROVIDED THEREIN ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, REPUTATIONAL DAMAGE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Registration and Security
If you choose to create an account with us, as part of the account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to any other person. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any of our representatives or agents. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspension or termination of your account.
Please notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, by sending us an e-mail at email@example.com.
You must be 13 years or older to subscribe to all parts of the Services.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity or activity that violates these Terms of Service may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
Communications to Our Registered Members
If you indicate on your registration form that you want to receive such information, we, our owners, and assigns, may allow certain third party vendors to provide registered members with information about products and services.
We reserve the right to send electronic mail to our registered members for the purpose of informing them of updates, changes or additions to the Services.
We reserve the right to disclose information about our registered members’ usage and demographics, provided that it will not reveal such members’ personal identities in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personal information about you only if you indicate your acceptance.
If you indicate on your registration form that you want to receive such information, we may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our registered members, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
The communications between you and us shall use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email, regardless of whether or not you are a registered member. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (the “Software”). You may not sublicense, assign, or transfer any licenses granted by the Site, and any attempt at such sublicense, assignment, or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Software.
You may terminate your account at any time by e-mailing us at firstname.lastname@example.org with “Unsubscribe” and your user name in the email title. Upon termination, you will receive a confirmation via e-mail that the cancellation was processed, and your access will be suspended within 48 hours.
We may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate these Terms of Service at our election and for any reason, without prior notice, and all of your rights and our obligations under these Terms of Service (but not our rights or your obligations) will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site and Services, and any further access to or use of the Site or the Services will be considered a violation of these Terms of Service.
Dispute Resolution. The parties will first attempt to resolve in good faith any controversies arising out of these Terms of Services or the interpretation thereof. If the parties cannot reach a resolution, such controversies shall be settled in arbitration. Any controversy or claim, whether in tort, contract, or otherwise, arising out of or relating to the relationship between the parties shall be submitted to binding arbitration. BY AGREEING TO ARBITRATE, EACH PARTY AGREES TO WAIVE ITS RIGHT TO A JURY TRIAL.
- The arbitration will be conducted in accordance with this document, the Federal Arbitration Act, and CPR Rules for Non-Administered Arbitration. The arbitration shall be conducted before a panel of one to three arbitrators mutually appointed by the parties. The arbitration shall be commenced and held in the State of Delaware. Any issue concerning the location of the arbitration, the extent to which any dispute is subject to arbitration, or the applicability, interpretation, or enforceability of this agreement shall be resolved by all of the arbitrators.
- Each party will be entitled to depose a maximum of six witnesses, including all experts designated to be witnesses at the arbitration. The depositions shall be limited to a maximum of three hours per deposition.
- All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements.
- The result of the arbitration shall be binding on the parties and judgment on the arbitrators’ award may be entered in any court having jurisdiction.
- Unless the arbitrator directs otherwise, the non-prevailing party shall bear the costs for such proceedings, including reasonable attorneys’ fees for the prevailing party.
Reservation of Rights and Release. We reserve the right, but have no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other users, clients or partners of ours. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other user, client or partner of ours. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Copyright Notice. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you 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; and (6) A 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. Our designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Entire Agreement, Modifications and Waivers. These Terms of Service, together with any other legal notices published by us on the Site shall constitute the entire agreement between you and us concerning the Site and your use of the Services. We may change these Terms of Service from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Terms of Service. If you do not agree to any changes, if and when such changes may be made, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to these Terms of Service indicates that you agree to such modifications. Any changes to these Terms of Service (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of a member of Tea Leaf Media, LLC. No purported waiver or modification of these Terms of Service via telephonic or email communications shall be valid.
Choice of Law. The laws of Delaware govern the interpretation of these Terms of Service and any disputes arising in connection with it, regardless of conflict of laws principles.
General Terms. There are no third-party beneficiaries of these Terms of Service. You may not assign these Terms of Service or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of these Terms of Service be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms of Service will not be considered a waiver of the right to enforce such provision. Our rights under these Terms of Service will survive any termination of these Terms of Service.
YOU AND TEA LEAF MEDIA, LLC HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.