1. Acceptance Of Terms
Welcome to Tristatz, LLC.
Tristatz provides its service to you, subject to the following Terms of Service,
which may be updated by us from time to time without notice to you.
In addition,
when using particular Tristatz, LLC services, you and Tristatz shall be subject
to any posted guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the Terms of Service. Tristatz may also offer other services
that are governed by different Terms of Service.
2. Description Of Service
Tristatz
currently provides users with access to a rich collection of resources,
including, various communications tools, forums, shopping services, personalized
content and branded programming through its network of properties (the
"Service"). You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Tristatz to
provide the Service. You also understand and agree that the service may include
certain communications from Tristatz, such as service announcements,
administrative messages and the Tristatz Newsletter, and that these
communications are considered part of Tristatz membership and you will not be
able to opt out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release of
new Tristatz properties, shall be subject to the Term of Service. You understand
and agree that the Service is provided "AS-IS" and that Tristatz assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Please be
aware that Tristatz may create certain areas on the Service that contain adult
or mature content. All such location areas will be properly marked and will
require participant to be at least 18 years of age to access areas.
3. Your Registration Obligations
In
consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or Tristatz has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Tristatz has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). Tristatz is concerned about the safety and
privacy of all its users, particularly children. For this reason, parents of
children under the age of 13 who wish to allow their children access to the
Service must help during registration, so that a parent can agree to the Term of
Service, Registration Agreement and Privacy Policy. When you create the account
for your child, you certify that you are at least 18 years old and that you are
the legal guardian of the child listed on the Tristatz account. By adding a
child to our membership database, you also give your child permission to access
all of the services including, email, message boards, instant messages and
chatrooms (among others). Please remember that the Service is designed to appeal
to a broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services and/or Content (as
defined in Section 6 below) are appropriate for your child. This website is
directed towards the positive development of young people and services reflect
such goals of the company. Any advertisement that parents of under age members
address, Tristatz will evaluate that advertisement and will seek ways to improve
the areas of concern. Tristatz does not make a promise to make any dramatic
changes to advertisements.
4. Fees
In
consideration for the services and products (service) purchased by you and
provided to you by Tristatz, LLC., You agree to pay Tristatz at the time service
is provided. Payments can be made by you by providing either a valid credit
card, check, money order or cash payment. If for
any reason Tristatz is unable to charge your payment method for the full amount
owed Tristatz for the service provided, or if Tristatz is charged a penalty for
any fee it previously charged to your payment method, you agree that Tristatz
may pursue in order to effect payment, shall include but will not be limited,
immediate cancellation without notice. Tristatz reserves the right to charge a
reasonable service fee for administrative tasks outside the scope of its regular
services. These include, but are not limited to, customer service issues that
cannot be handled over email but require personal service, and disputes that
require legal services. These charges will be billed to the payment method we
have on file for you. You may change your payment method at any time by logging
into your account or by contacting customer service.
5. Refund Policy
There is a
48 hour money back return policy if you change your mind about the need for
Tristatz services. This refund of payment will be less then applicable fees
incurred during the transaction ( example: discount rate & fees for credit card
purchases ). If a refund is requested anytime after 48 hours from purchase date
and time, the customer will receive funds less setup fees and other applicable
fees incurred to handle transaction. Services payments are non-refundable after
30 days because your service is in place to run for the time period designated.
All refund payments will be credited in one of these choices: to credit card,
check or as a credit for future purchases. These funds will be disbursed within
90 days from the request date for refund, after the processing of documentation
6.
Tristatz Privacy Policy
Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy at http://www.tristatz.com/privacypolicy/.
7. Member
Account, Password And Security
You will
receive a password and account designation upon completing the service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify
Tristatz of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end of each
session. Tristatz cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section.
8. Member Conduct
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
Tristatz, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. Tristatz does not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Tristatz be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to
not use the Service to:
a. upload,
post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. harm
minors in any way;
c.
impersonate any person or entity, including, but not limited to, a Tristatz
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the service;
e. upload,
post, email, transmit or otherwise make available any content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
f. upload,
post, email, transmit or otherwise make available any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
h. upload,
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. interfere
with or disrupt the service or servers or networks connected to the service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the service;
k.
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
l. may not
harass members or anyone associated with Tristatz; or
m. collect
or store personal data about other users.
You
acknowledge that Tristatz can pre-screen content and that its designees shall
have the right (but not the obligation) in their sole discretion to refuse or
move any content that is available via the service. Without limiting the
foregoing, Tristatz and its designees shall have the right to remove any content
that violates the Terms of Service or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of such
content. In this regard, you acknowledge that you may not rely on any content
created by Tristatz or submitted to Tristatz, including without limitation
information in Tristatz Message Boards and, and in all other parts of the
Service.
You
acknowledge, consent and agree that Tristatz may access, preserve, and disclose
your account information and content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond
to claims that any content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of Tristatz, its users and the public.
You
understand that the technical processing and transmission of the service,
including your content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You
understand that the service and software embodied within the service may include
security components that permit digital materials to be protected, and use of
these materials is subject to usage rules set by Tristatz and/or content
providers who provide content to the service. You may not attempt to override or
circumvent any of the usage rules embedded into the service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the service, in whole or in part, is strictly prohibited.
9.
Special Admonitions For International Use
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
10. Content Submitted Or Made Available For Inclusion On The Service
Tristatz
does not claim ownership of content you submit or make available for inclusion
on the service. However, with respect to content you submit or make available
for inclusion on publicly accessible areas of the service, you grant Tristatz
the following world-wide, royalty free and non-exclusive license(s), as
applicable:
With respect
to content you submit or make available for inclusion on publicly accessible
areas of Tristatz, LLC, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such content on the service solely
for the purposes of providing and promoting Tristatz, LLC to which such content
was submitted or made available. This license exists for the life of the company
and gives permission to the company to use information in an effort to market
the business. Information will not be used in a negative format, but only to
inform new or existing member of your involvement with Tristatz. This license
will be terminated if Tristatz, LLC. is convicted for legal matters ( in home
state ) that effect the positive image of the company. Tristatz can elect to
continue or terminate license at the time your membership may conclude.
With respect
to photos, graphics, audio or video you submit or make available for inclusion
on publicly accessible area of the service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such content on
the Service solely for the purpose for which such content was submitted or made
available. This license exists for the life of the company and gives permission
to the company to use information in an effort to market the business.
Information will not be used in a negative format, but only to inform new or
existing member of your involvement with Tristatz.com. This license will be
terminated if Tristatz, LLC. is convicted for legal matters ( in home state )
that effect the positive image of the company. Tristatz can elect to continue or
terminate license at the time your membership may
With respect
to content other than photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the service other than
the perpetual, irrevocable and fully sub-licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such content (in whole or in part) and to incorporate such content into
other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the service are those areas of the Tristatz network of
properties that are intended by Tristatz to be available to the general public.
By way of example, publicly accessible areas of the service would include
Tristatz Message Boards, Photo Gallery and Chatrooms, that are open to both
members and visitors. However, publicly accessible areas of the Service would
not include portions of Tristatz, LLC. that are limited to members, Tristatz
services intended for private communication such as Tristatz member mail, or
areas off of the Tristatz.com which are portions of World Wide Web sites that
are accessible through via hypertext or other links but are not hosted or served
by Tristatz.
11. Indemnity
You agree to
indemnify and hold Tristatz, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of content you submit, post, transmit or make available through the service,
your use of the service, your connection to the service, your violation of the
Terms of Service, or your violation of any rights of another.
12. No Resale Of Service
You agree
not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the service (including your Tristatz I.D.),
use of the service, or access to the service.
13.
General Practices Regarding Use And Storage
You
acknowledge that Tristatz may establish general practices and limits concerning
use of the service, including without limitation the maximum number of days that
message board postings or other uploaded content will be retained by the
service. the maximum disk space that will be allotted on Tristatz servers on
your behalf, and the maximum number of times (and the maximum duration for
which) you may access the service in a given period of time. You acknowledge
that Tristatz reserves the right to cancel accounts that are pass membership due
date for renewal. You further acknowledge that Tristatz reserves the right to
modify these general practices and limits from time to time.
14. Modifications To Service
Tristatz
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the service (or any part thereof) with or without
notice. You agree that Tristatz shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the service.
15.
Termination
You agree that Tristatz may,
under certain
circumstances and without prior notice,
immediately terminate your Tristatz account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the Terms of Service or other
incorporated agreements 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 service (or any part
thereof), (e) unexpected technical or security issues or problems, and (f)
extended periods of inactivity. Termination of your Tristatz account includes
(a) removal of access to all offerings within the service, including but not
limited to service plans, Chat Rooms, Personals, Auctions, Message Boards, and
Games, (b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof), and (c)
barring further use of the service. Further, you agree that all terminations for
just cause shall be made by Tristatz, LLC sole discretion and that Tristatz
shall not be liable to you or any third-party for any termination of your
account, any associated email address, or access to the service.
16. Dealings With Advertisers
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Tristatz shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the service.
17. Links
The service
may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because Tristatz has no control over such sites and resources, you
acknowledge and agree that Tristatz is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
Tristatz 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 use of or
reliance on any such Content, goods or services available on or through any such
site or resource. Tristatz as a service to our valued customers will evaluate on
a weekly basis advertisements linked our site. Any advertisements concluded to
destructed to the overall goal of the Tristatz, LLC. will be notified. If a
satisfactory resolution can not be reached said link will be removed from the
pages of Tristatz.com.
18.
Tristatz’s Proprietary Rights
You
acknowledge and agree that the service and any necessary software used in
connection with the service ("software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Tristatz or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the service or the software, in whole or in
part.
Tristatz
grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, 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 software. You agree not to modify the software in any
manner or form, or to use modified versions of the software, including (without
limitation) for the purpose of obtaining unauthorized access to the service. You
agree not to access the Service by any means other than through the interface
that is provided by Tristatz for use in accessing the Service.
19.
Disclaimer Of Warranties
You
expressly understand and agree that:
a. Your use
of the service is at your sole risk. The service is provided on an “as is” and
“as available” basis. Tristatz expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
b. Tristatz
makes no warranty that (I) the service will meet your requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations,
and (v) any errors in the software will be corrected
c. Any
material downloaded or otherwise obtained through the use of the service is done
at your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download of
any such material
d. No advice
or information, whether oral or written, obtained by you from Tristatz or
through or from the service shall create any warranty not expressly stated in
the Terms of Service.
e. A small
percentage of users may experience epileptic seizures when exposed to certain
light patterns or backgrounds on a computer screen or while using the service.
Certain conditions may induce previously undetected epileptic symptoms even in
users who have no history of prior seizures or epilepsy. If you, or anyone in
your family, have an epileptic condition, consult your physician prior to using
the service. Immediately discontinue use of the service and consult your
physician if you experience any of the following symptoms whil using the
service–dizziness, altered vision, eye or muscle twitches, loss of awareness,
disorientation, any involuntary movement, or convulsions.
20. Limitation Of Liability
You
expressly understand and agree that Tristatz shall not be liable to you for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, good will, use, data
or other intangible losses (even if Tristatz has been advised of the possibility
of such damages), resulting from: (I) the use or the inability to use the
service; (ii) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service; (v) any other matter
relating to the service.
21. Exclusions and Limitations
Some
jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations of sections 17 and 18 may not apply to you.
22. Venue; Waiver Of Trial By Jury
This
agreement shall be deemed entered into in the state of Alabama. The laws and
judicial decisions of Lowndes County, Alabama, shall be used to determine the
validity, construction, interpretation and legal effect of the agreement. You
agree that any action relation to or arising out of this agreement, shall be
brought in the courts of Lowndes County, Alabama.
For the
adjudication of disputes concerning the use of Tristatz services, you agree to
submit for jurisdiction and venue to the United States District Court for the
District of Alabama located in Hayneville, Alabama.
You agree to
waive the right to trial by jury in any proceeding that takes place relating to
or arising out of this agreement. Refer to number
23. Special Admonition For Services Relating To Financial Matters
If you
intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 20 and 21 again. They
go doubly for you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is provided for
informational purposes only, and no content included in the Service is intended
for trading or investing purposes. Tristatz and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on such
information.
24. No
Third Party Beneficiaries
You agree
that, except as otherwise expressly provided in this Terms of Service, there
shall be no third party beneficiaries to this Agreement.
25.
Notice
Tristatz may
provide you with notices, including those regarding changes to the Terms of
Service, by either email, regular mail, or postings on the Service.
26. Notice And Procedure For Making Claims Of Copyright Or Intellectual Property
Tristatz
respects the intellectual property of others, and we ask our users to do the
same. Tristatz may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who may be repeat infringers. 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 Tristatz’s Copyright Agent the following information:
. an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright 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 material that you claim is infringing is located on the
site;
. your
address, telephone number, and email address;
. a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
. a
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Tristatz's
Department for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
Tristatz, LLC
Claims Department
c/o Dept. Manager
P. O. Box 676
Hayneville, AL
By phone: (334) 320-5438
By fax: (334) 563-7020
By email: customerservice@tristatz.com
27.
General Information
Entire Agreement.
The Terms of Service constitute the entire agreement between you and Tristatz
and govern your use of the service, superceding any prior agreements between you
and Tristatz. You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other Tristatz services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum.
The Terms of Service and the relationship between you and Tristatz shall be
governed by the laws of the State of Alabama without regard to its conflict of
law provisions. You and Tristatz agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Lowndes County, Alabama.
Waiver and Severability of
Terms. The
failure of Tristatz to exercise or enforce any right or provision of the Terms
of Service shall not constitute a waiver of such right or provision. If any
provision of the Terms of Service is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Service remain in full force and effect.
No Right of Survivorship and
Non-Transferability.
You agree that your Tristatz account is non-transferable and any rights to your
Tristatz I.D. or contents within your account terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
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 the Service or the Terms of
Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section
titles in the Terms of Service are for convenience only and have no legal or
contractual effect.
28. Violations
Please
report any violations of the Terms of Service to our Customer Service
Department.
|
