Tsū Terms of UseThese terms are effective as of October 7, 2014.
Introduction
Welcome to Tsū. Tsū is owned and operated by Evacuation Complete LLC (“Evacuation Complete”, the “Company” or "we"). Please read carefully the following terms and conditions (the "Terms" or "Terms of Use") between the Company and you. These Terms govern your access to and use of Tsū, including our website, mobile applications, APIs, monetization services and ecommerce services (collectively, the "Service").
Any information, text, graphics, photos, links, videos or other materials uploaded, downloaded or appearing on the Services is collectively referred to as "Content".
Any suspected or actual violation of these Terms may result in the suspension and/or termination of your Tsū account and the confiscation of any benefits your account may be affording you on our platform.
About Tsū
Tsū is an online social network where you can interact with your friends, family and other users. The Tsū Service enables you to create, contribute and publish Content, share it with other users, comment on other users' Content, and monetize Content.
Certain services on Tsū may require you to furnish Tsū with information in order to participate in or use such services. We will explicitly state the information we require on the relevant web pages.
You may change your personal settings and the way you use and enjoy Tsū at any time by using the tools provided on Tsū.
Changes to The Service & Terms of Use
We reserve the right to change and improve the features and functionality of the Service at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Service. This right extends to modifications to our algorithms, royalty engines and user adoption trees. Additionally, we reserve the right to suspend or stop the Service altogether.
Any modifications to these Terms will be posted on this page. Changes will go into immediate effect at the time of posting and will not apply retroactively. We will notify you of changes, either through the user interface, in an email message, or through other reasonable means. If you use the Services after the date the change becomes effective, you consent to the changed terms. If you don't agree to the changes, you must stop using the Services
Age Restrictions
You must be at least 13 years old to register and/or use the Service. Use by persons under the age of 13 is strictly prohibited.
In order to participate in the Tsū Monetization Service you must have reached the age of majority in the jurisdiction where you live, or have valid consent from your parent or legal guardian to be bound by these Terms and the Tsū Monetization Terms. For example, users that domicile in the United States generally must be at least 18 years of age. Please refer to the Tsū Monetization Terms for additional information. You represent that you have either reached the age of majority in your jurisdiction, are an emancipated minor, or have valid parent or legal guardian consent to be bound by these Terms. If you are the parent or legal guardian of a minor that creates an account, you accept these Terms on the minor’s behalf and are responsible for all use of the accounts or services.
Account Ownership & Responsibilities
You are solely responsible for any and all activity that occurs through your account and you agree not to sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create and manage accounts on behalf of their employers or clients, Evacuation Complete strictly prohibits the creation of accounts for anyone other than yourself or your legal entity.
Additionally, you represent that all information you will provide or have provided to Evacuation Complete upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its validity.
Prohibited Content & Conduct
You may not post any prohibited content, including but not limited to, pictures, videos, comments, or links of violent, discriminatory, unlawful, infringing, hateful, sexually explicit or pornographic content via the Service.
You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or other personal identification, non-public phone numbers or email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (i.e. federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
You may not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Evacuation Complete.
You agree that you will not solicit, collect or otherwise use the login credentials of other Evacuation Complete users.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Evacuation Complete page is rendered or displayed in a user's browser or device.
You understand and agree that Evacuation Complete cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Evacuation Complete, we can stop providing all or part of the Service to you without warning or notice.
Tsū API Terms
You agree to not access Evacuation Complete's private API by means other than those permitted by Evacuation Complete. The use of Evacuation Complete's API is subject to a separate set of terms available here.
User Account Termination.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Tsū account by logging into the Service and completing the form available here. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, followers, digital or real assets held by Evacuation Complete and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g. if your Content has been reshared by others). Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
Content Ownership
We do not claim ownership of any Content that you post on or through the Service. When you post Content, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such Content on Tsū, in accordance with the Terms. You hereby grant to the Company a non-exclusive, fully paid, perpetual, irrevocable, transferable, sub-licensable, worldwide license to use, to display on the Service, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on Tsū, and in other communication and information networks, platforms, applications and services the Content that you post on or through the Service, subject to the Service's Privacy Policy. We will not display your Content on any platform other than the Service without your consent. You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy available here. You acknowledge and agree that Evacuation Complete is not responsible for the use of your Content by third parties who view your Content.
You represent and warrant that: (a) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (c) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.
Evacuation Complete reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Evacuation Complete, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
You agree that Evacuation Complete is not a backup service and you will not rely on the Service for the purposes of Content backup or storage. Evacuation Complete will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that Evacuation Complete is not responsible for, and does not endorse, Content posted within the Service. Evacuation Complete does not have any obligation to prescreen, monitor, edit, or remove any Content. You bear legal responsibility for your Content and for any violation by your Content of these Terms or any federal, state, local or foreign laws or regulations.
Except as otherwise described in the Service's Privacy Policy, as between you and Evacuation Complete, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Evacuation Complete is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Evacuation Complete in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Evacuation Complete, and Evacuation Complete will not be liable for any use or disclosure of any Content you provide.
Account Security
You are solely responsible for maintaining the confidentiality of your account information, such as your username and password, and for restricting access to your computer and/or mobile devices. You accept full responsibility and liability for all activities that occur under your account or password.
Advertising
The Service is supported by advertising revenue and may display advertisements and promotions. You agree that Evacuation Complete may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Tsū Proprietary Content
All rights, title and interest in and to Tsū (except for users' and third parties' Content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company. The Terms do not grant you any rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of Tsū.
("Evacuation Complete Content"). Evacuation Complete Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Evacuation Complete, Evacuation Complete owns and retains all rights in the Evacuation Complete Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Evacuation Complete Content You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish our goodwill.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Evacuation Complete Content, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
The Tsū name and logo are trademarks of Evacuation Complete, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Evacuation Complete. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Evacuation Complete, and may not be copied, imitated or used, in whole or in part, without prior written permission from Evacuation Complete.
Service Availability
Although it is the intention of Evacuation Complete for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) identification of the copyrighted work claimed to have been infringed, (b) 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, (c) information reasonably sufficient to permit us to locate the material, (d) your contact information, including your full name, mailing address, telephone number and, if available, email address, (e) a statement by you 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, (f) a statement that the information in the notice is accurate, (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner and (h) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
We reserve the right to remove or disable access to Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, Evacuation Complete will also disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
copyright@tsu.coIndemnification
You agree to indemnify and defend Evacuation Complete, its affiliates, agents, partners, employees, contractors and advertisers, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, demand or liability arising out of or related to any of your Content or actions on the Service, your breach of these Terms or any other published policies applicable to Tsū or the Service, or your violation of any third party rights. Evacuation Complete’s affiliates, employees, advertisers, partners and sponsors are third-party beneficiaries of this indemnity.
Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF THE TSU SITE AND SERVICE IS AT YOUR OWN RISK. EFFORTS BY EVACUATION COMPLETE TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO TSŪ AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES EVACUATION COMPLETE’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability
IN NO EVENT SHALL EVACUATION COMPLETE OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH EVACUATION COMPLETE LLC, THE “EVACUATION COMPLETE ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF EVACUATION COMPLETE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM EVACUATION COMPLETE’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF EVACUATION COMPLETE ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
Governing Law; Dispute Resolution
Except as provided specifically in the Copyright Policy, the Terms and your use of Tsū will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of Teas or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of Texas._
You and Evacuation Complete agree to arbitrate any dispute arising from these Terms or your use of the Service, except that you and Evacuation Complete are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Evacuation Complete agree that any dispute will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes. Arbitration will take place before a single arbitrator in __________ County, Texas. The arbitrator’s award will be final and binding, and may be enforced in any court of competent jurisdiction. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You may opt out of this arbitration provision. If you do so, neither you nor Evacuation Complete can require the other to participate in an arbitration proceeding. To opt out, you must notify Evacuation Complete in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Evacuation Complete, LLC
379 West Broadway,
New York, NY 10012
You must include your name and residence address, the email address you use for your Evacuation Complete account, and a clear statement that you want to opt out of this arbitration agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Evacuation Complete website, the Service, or these Terms must be filed within one (1) year after such claim or cause of action arose.
Incorporated documents
The following documents, forms and policies are incorporated by reference into and form a part of these Terms. Whenever expressing your consent to the Terms you also acknowledge your consent to these documents, as well:
Copyright Policy;
Privacy Policy.
https://www.tsu.co/terms