If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. If you do not have authority, you may not access or use the Services.
The Tamboo Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Tamboo processing data about you and the users of the websites and/or web applications you use Tamboo on. Processing of the data you share with Tamboo is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
The Services are intended solely for persons who are aged 13 years or older, as required in your country to use the Services.
The use the Services, you must complete the registration process by providing Tamboo with current, complete, and accurate information as prompted by the registration form, including your email address and a password.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer, and mobile device while logged into the Services. You accept all responsibility for all activities that occur under your account or from your computer or mobile devices. You agree to immediately notify Tamboo of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to your account data any any other information or content you provide to Tamboo.
To pay any fee, you must designate and provide information about your preferred payment method (e.g., a credit card). If you provide your payment information, you authorize us and certain third party service providers, payment card networks, and payment processors to receive, store, and encrypt your payment information.
In order to access the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. If you change from a monthly to an annual subscription, the annual rate will take effect at the beginning of the next billing date. If you upgrade your subscription or add new categories of services to your account, such changes may result in a new billing date. You agree to pay the subscription fees, and other charges you incur in connection with your Tamboo account, whether on a one-time or subscription basis. Tamboo reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
You may cancel your subscription by visiting your "Account" page and contacting us with a request to cancel your account. The cancellation of a subscription will go into effect at the end of your current billing cycle.
Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your monthly subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period.
You own the information, data, text, software, sound, photographs, graphics, video, tags, or other materials you make available in connection with the Services ("Content").
You understand that you, and not Tamboo, are entirely responsible for all Content that you upload, transmit, or otherwise make available via the Services. Tamboo does not proactively and routinely screen or monitor the Content posted to the Services by others. Tamboo may, in its sole discretion, screen, monitor, refuse, or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Tamboo is not responsible for, and does not endorse, Content submitted to the Services. If your Content violates these Terms, you may bear legal responsibility for that Content.
If you use the Services on behalf of a third party, or a third party use the Services through your account, you represent and warrant that you are authorized to act on behalf of, and bind to these Terms, the third party to all obligations that you have under these Terms.
Tamboo grants you a limited, revocable, non-exclusive, non-sublicensable right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Tamboo.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. TAMBOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TAMBOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, TAMBOO WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF TAMBOO OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. TAMBOO'S (AND ITS WHOLLY OWNED SUBSIDIARIES') TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) (USD) OR (b) THE AMOUNT OF FEES PAID BY YOU TO TAMBOO IN THE 12-MONTHS PRIOR TO THE DATE OF THE CLAIM.
You agree to indemnify, hold harmless, and defend Tamboo and its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors, at your own expense, from any and all third-party claims, actions, proceedings, and suits brought against Tamboo or any of its subsidiaries, affiliates, officers, agents, representatives, employees, partners, or licensors, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Tamboo or any of its subsidiaries, affiliates, officers, agents, representatives, employees, partners, or licensors, arising out of or relating to (a) your breach of any term or condition of these Terms; (b) your use of the Services; (c) your violations of applicable laws, rules, or egulations in connection with the Services; (d) any representations and warranties made by you concerning any aspect of the Services to any third party; (e) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Services; (f) violations of your obligations of privacy to any third party; and (g) any claims with respect to acts or omissions of any third party in connection with the Services. Tamboo will provide you with written notice of any claim, suit, or action from which you must indemnify Tamboo. You will cooperate as fully as reasonably required in the defense of any claim. Tamboo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You agree that any claim you may have arising out of or related to your relationship with Tamboo and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
These Terms will be governed by and construed under the laws of the state of Ohio without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Ohio law, rules, and regulations, Ohio law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Summit County, Ohio. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms. The Services are controlled by US Export Regulations, and may not be exproted to or used by embargoed countries or individuals.
The Services are controlled by Tamboo from its offices within the United States of America. Tamboo makes no representation that the Services are appropriate or available for use in other locations. Access to or use of the Services from territories where such access or use is illegal is prohibited. Those who choose to use the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services in violation of US export laws and regulations.
You agree that Tamboo may, under certain serious circumstances, and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies, or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Services (or any portion thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; and/or (g) nonpayment of any fees owed by you in connection with the Services.
Termination of your account may include (a) removal of access to all offerings within the Services; (b) deletion of your information, files, and Content associated with your account; and (c) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Tamboo's sole discretion and that Tamboo shall not be liable to you or any third party for any termination of your account or access to the Services.
If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
You may not assign or otherwise transfer any of your rights under these Terms without Tamboo's prior written consent, and any such attempt is void. The relationship between Tamboo and you is not one of a legal partnership relationship, but is one of independent contractors.
The following sections of these Terms will survive any termination thereof: Nonexclusive License, Content, Proprietary Rights, Disclaimer of Warranties and Liability, Indemnity, Time Limitation on Claims, Choice of Law and Forum, United States Operation, General.