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www.gittip.com/www/about/terms/index.html
2013-02-07 02:59:45 -05:00

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title = "Terms and Conditions"
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{% extends "templates/about.html" %}
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<h2>Terms and Conditions</h2>
<p><i>Last Updated: January 15, 2013</i></p>
<p>PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE,
YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS AND GUIDELINES
INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
ACCESS OR USE OUR WEBSITE.</p>
<p>These Site Terms ("Terms") apply solely to your access to, and use of, any
website of Zeta Design &amp; Development, LLC, DBA Gittip.com ("Gittip.com"),
including <a href="https://www.gittip.com/">https://www.gittip.com/</a>
("Site"). These Terms do not alter the terms or conditions of any other
agreement you may have with Gittip.com, or its subsidiaries or affiliates, for
products, services or otherwise. If you are using the Site on behalf of any
entity, you represent and warrant that you are authorized to accept these Terms
on such entity's behalf and that such entity will be responsible to Gittip.com
if you violate these Terms.</p>
<p>Gittip.com reserves the right to change or modify the terms and conditions
contained in the Terms or any policy or guideline of the Site, at any time and
in its sole discretion. Any changes or modifications will be effective
immediately upon posting of the revisions to the Site, and you waive any right
you may have to receive specific notice of such changes or modifications. Your
continued use of the Site following the posting of changes or modifications
will confirm your acceptance of such changes or modifications; therefore, you
should frequently review these Terms and all applicable terms and policies to
understand the terms and conditions that apply to your use. If you do not agree
to the amended terms, you must stop using the Site. Any use of the Site in
violation of these Terms may result in, among other things, termination or
suspension of your right to use the Site.</p>
<p>If you have any questions or comments regarding the use of the Site, please
contact chad@zetaweb.com.</p>
<ol>
<li> <p>Terms of Service</p>
<p>Your registration for, and use of, Gittip.com's products, services or other
features, technologies and/or functionalities, whether offered through the Site
or any third party website or application, ("Gittip.com Services") are governed
by the <a href="/about/terms/of-service.html">Terms of Service</a>. If you do
not agree to the Terms of Service, do not use or access the Gittip.com
Services.</p>
</li>
<li> <p>Privacy Policy</p>
<p>Please refer to our <a href="/about/privacy/">Privacy Policy</a> for
information about how Gittip.com collects, uses and discloses personally
identifiable information from its users.</p>
</li>
<li> <p>Disclaimer of Copyright</p>
<p>The Site and all content and other materials on the Site, including, without
limitation, the Gittip.com logo and all designs, text, graphics, pictures,
information, data, software, sound files, other files and the selection and
arrangement thereof (collectively, "Site Materials") are dedicated to the
public domain via the <a
href="http://creativecommons.org/publicdomain/zero/1.0/">CC0 1.0 Universal
Public Domain Dedication</a>.</p>
</li>
<li> <p>Hyperlinks</p>
<p>You are granted an unlimited, non-exclusive right to create hyperlinks to
the Site for both commercial and noncommercial purposes. You may use a
Gittip.com logo or other graphic of Gittip.com to link to the Site without the
express written permission of Gittip.com. Further, you may use, frame, or
utilize framing techniques to enclose any Gittip.com trademark, logo or other
proprietary information, including the images found on the Site, the content of
any text or the layout/design of any page or form contained on a page of the
Site without Gittip.com's express written consent. Except as noted above, you
are not conveyed any right or license by implication, estoppel or otherwise in
or under any patent, trademark, copyright or proprietary right of Gittip.com or
any third party.</p>
<p>Gittip.com makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of embedded
content, third-party websites accessible via hyperlink or websites linking to
the Site. Such sites are not under the control of Gittip.com and Gittip.com is
not responsible for the content of any linked site or any link contained in a
linked site, or any review, changes or updates to such sites. Gittip.com
provides these links to you only as a convenience, and the inclusion of any
link does not imply affiliation, endorsement or adoption by Gittip.com of any
site or any information contained therein. When you visit other sites via links
or embedded content, you should understand that our terms and policies no
longer govern and that the terms and policies of those third party sites will
now apply. You should review the applicable terms and policies, including
privacy and data gathering practices, of any site to which you navigate from
Gittip.com's Site.</p> </li>
<li> <p>Third Party Content</p>
<p>Gittip.com may provide third party content on the Site and may provide links
to web pages and content of third parties (collectively, "Third Party Content")
as a service to those interested in this information. Gittip.com does not
control, endorse or adopt any Third Party Content and makes no representation
or warranties of any kind regarding the Third Party Content, including without
limitation regarding its accuracy or completeness. You acknowledge and agree
that Gittip.com is not responsible or liable in any manner for any Third Party
Content and undertakes no responsibility to update or review any Third Party
Content. Users use such Third Party Content contained therein at their own
risk.</p>
</li>
<li> <p>Submissions</p>
<p>You acknowledge and agree that any questions, comments, suggestions, ideas,
plans, notes, drawings, original or creative materials or other information
that you provide to Gittip.com regarding Gittip.com, the Site (collectively,
"Submissions") are non-confidential and shall be dedicated to the public domain
according to the <a
href="http://creativecommons.org/publicdomain/zero/1.0/">CC0 1.0 Universal
Public Domain Dedication</a>.</p>
</li>
<li> <p>Indemnification</p>
<p>You agree to defend, indemnify and hold harmless Gittip.com, its independent
contractors, service providers and consultants, and their respective directors,
employees and agents, from and against any claims, damages, costs, liabilities
and expenses (including, but not limited to, reasonable attorneys' fees)
arising out of or related to (a) any actual or alleged breach of these Terms,
the <a href="/about/terms/of-service.html">Terms of Service</a>, or any other
Gittip.com agreement, policy or guideline (b) any actual or alleged violation
of applicable laws or rules of any payment card association, network or
company; (c) your wrongful or improper use of the Site; (d) any Submission or
transaction submitted by you; or (e) your violation of the rights of any third
party.</p>
</li>
<li> <p>Disclaimer</p>
<p>EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GITTIP.COM, THE
SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. GITTIP.COM DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AS TO THE SITE AND SITE MATERIALS. GITTIP.COM DOES NOT REPRESENT OR WARRANT
THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE. WHILE GITTIP.COM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE
SAFE, GITTIP.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU
SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM
ANY DOWNLOAD.</p>
</li>
<li> <p>Limitation of Liability</p>
<p>IN NO EVENT SHALL GITTIP.COM, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, INCLUDING
WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON
ANY INFORMATION OBTAINED FROM GITTIP.COM, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO GITTIP.COM'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF GITTIP.COM, WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE
USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS EXCEED ANY COMPENSATION
YOU PAY, IF ANY, TO GITTIP.COM FOR ACCESS TO OR USE OF THE SITE.</p>
<p>The laws of certain states or other jurisdictions do not allow limitations
on implied warranties or the exclusion or limitation of certain damages. If
these laws apply, some or all of the above disclaimers, exclusions or
limitations may not apply to you.</p>
</li>
<li> <p>Modifications to the Site</p>
<p>Gittip.com reserves the right to modify or discontinue, temporarily or
permanently, the Site or any features or portions thereof without prior notice.
You agree that Gittip.com will not be liable for any modification, suspension
or discontinuance of the Site or any part thereof.</p>
</li>
<li> <p>Applicable Law and Venue</p>
<p>These Terms and your use of the Site shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania, without resort to
its conflict of law provisions. You agree that any action at law or in equity
arising out of or relating to these Terms shall be filed only in the state and
federal courts located in Allegheny County, Pennsylvania and you hereby
irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out of
these Terms.</p>
</li>
<li> <p>Termination</p>
<p>Notwithstanding any of these Terms, Gittip.com reserves the right, without
notice and in its sole discretion, to terminate your license to use the Site
and/or to block or prevent your future access to, and use of, the Site.</p>
</li>
<li> <p>Severability</p>
<p>If any provision of these Terms shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these
Terms and shall not affect the validity and enforceability of any remaining
provisions.</p>
</li>
</ol>
</div>
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