Tortsy

Terms of Service

These Terms of Service are effective as of October 1, 2011.

Tortsy is a free, occasion/event management service provided to you by Tortsy LLC. ("Tortsy"). Before you register for an account or access the Tortsy website, please carefully read and agree to these Terms of Service and policies (referred to collectively as "Terms"), including any future amendments. Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the Terms. Tortsy may, in its sole discretion, revise these Terms and policies at any time, and you agree to be bound by such modifications. If you do not accept and abide by this agreement, you may not use the Tortsy website.

Privacy

Any information that you provide to Tortsy is subject to our Privacy Policy which governs our collection, usage and disclosure of your information on Tortsy's services and website.

Acceptance of Terms

Your use of Tortsy's' software, services and website (the "Service") and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services ( "Content"), is subject to your acceptance and compliance of these Terms. When you register for and use your account on Tortsy, you agree to be bound by these Terms.

You are responsible for your use of Tortsy and for any content you post on the website. Anything you post or display could be visible by other users of Tortsy and possibly through third party services and websites.

You may use Tortsy only if you are (a) able to form a binding contract with Tortsy (b) of legal age to form a binding contract with Tortsy and (c) are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may only use Tortsy in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

These Terms form a legally binding agreement between you and Tortsy in relation to your use of the Tortsy website. It is important that you take the time to read them carefully. Please regularly check the "Terms" link on Tortsy's website to view the current Terms. If you breach any of the Terms, your access and use of the Service shall be automatically terminated.

Tortsy may change these Terms and other policies and rules posted on the Service from time to time. Your continued access or use of the Service indicates your acceptance of such changes. Your access and use of the Service will be subject to the current version of the Terms, policies and rules posted on the Service at the time of such use.

Account Security

You agree and understand that you are responsible for safeguarding the password you use to access your Tortsy account. You are solely responsible for all activities that occur under your account. Tortsy will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your account, please notify us by emailing at contactus@tortsy.com.

Advertisements

Tortsy may display advertisements and promotions which may be targeted to the Content of information posted on Tortsy, queries made through Tortsy or other information. The types and extent of advertising on Tortsy are subject to change without notice. In consideration for Tortsy granting you access to and use of its Service , you agree that Tortsy and its third party providers and partners may place such advertising on Tortsy's website or in connection with the display of Content or information from Tortsy whether submitted by you or others.

Shopping and Pricing

Tortsy IS ONLY A VENUE. Tortsy's shopping service acts as an online marketplace for you to find and transact with merchants or providers of services that advertise and/or sell products or services on their Websites. Tortsy is not a service provider or seller and does not sell any products or provide any of the services advertised on our Website (other than the Tortsy Service itself) and is not a party to any transaction you may make with a merchant or service provider. Tortsy is not acting as an agent of sale or an agent of any seller or provider of products or services. Tortsy does not have any responsibility for, or liability related to, any product or service listed on the Websites. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider. Tortsy does not endorse, warrant or guarantee the products or services of any seller, lender or broker.

Tortsy DOES NOT WARRANT OR GUARANTEE IN ANY WAY THAT PRICES, SHIPPING COSTS, TAXES, PRODUCTS OR DESCRIPTIONS, OR ANY OTHER CONTENT ON Tortsy, INCLUDING BUT NOT LIMITED TO OUR SHOPPING SERVICE, WISH LIST OR SHOPPING LIST IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Site content is provided for informational purposes only and Tortsy shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Website. If there is any discrepancy between information on the our Website and information on a merchantís or service providerís site, the information on the merchantís or service providerís site shall govern.

The use, posting, distribution, or publication of any content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by Tortsy nor an assurance of legality, quality or safety by Tortsy. Tortsy is not responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting prices, offering goods or services, advertisements, opportunities, advice, proposals or other information on the Website. Prices and details of offers, promotions, specials and sales may significantly vary from that posted on the Website.

Illegal activities, Nudity, and Sexually explicit material

Tortsy reserves the right, but not the responsibility, to monitor or review your conduct on our website. Your use of Tortsy is subject to all applicable local, state, national and international laws and regulations. International users agree to comply with all local laws regarding online conduct and acceptable Content. Tortsy should not be used for unlawful purposes or for promotion of dangerous and illegal activities. If you are found to be engaging in such activity, we may terminate your account, notify law enforcement authorities, or take other appropriate action.

While using Tortsy, you agree that you will not post, transmit, upload or otherwise make available through or in connection with Tortsy anything that is or may be:

  • Unlawful, fraudulent, threatening, harassing, degrading, abusive, harmful, hateful or intimidating.
  • Vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable material of any kind or nature.
  • Child pornography, including animated or graphic cartoon images of child pornography. Tortsy reserves the right to remove profiles of convicted or registered sex offenders as determined or required by applicable laws.
  • Defamatory; invasive of another's privacy; malicious personal attacks.
  • For the purpose of solicitation of funds, promotion, advertising, or solicitation for goods or services; or use Tortsy in a commercial manner.
  • For promotion of dangerous or illegal activities or for any purpose prohibited by these Terms, conditions, and notices.
  • Protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Conduct which, in Tortsy's sole discretion, is considered inappropriate, unauthorized or objectionable.

Abuse and Spam

Tortsy does not tolerate technical or user abuse. Any accounts engaging in the activities listed below are subject to termination.

  • You may not use Tortsy in any way which could cause an excessive burden on Tortsy's website (such as a denial of service attack), damage, disable, disrupt, interfere or otherwise impair the working of Tortsy including but not limited to serial accounts created for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts.
  • You may not use automated means to perform actions such as creating new profiles, messages, or invitations.
  • You may not interfere with, harm, disrupt, or attempt to disrupt, the access of any user, host or network, including, without limitation, sending or uploading viruses, malware or other malicious code or publishing or linking to malicious Content.
  • You may not attempt to gain unauthorized access to Tortsy, other accounts, computer systems or networks connected to Tortsy, through password mining or any other means.
  • You may not attempt to gather Content or materials from Tortsy or reproduce or circumvent the navigational structure or presentation of Tortsy.
  • You may not use Tortsy for chain letters, undesired advertising, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is prohibited by Tortsy.
  • You may not use Tortsy's contact list import function to send repeat, mass invitations.
  • Please note that by posting a public event you are consenting to receive, and authorizing Tortsy to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

You agree that Tortsy may, at its sole discretion, immediately remove any communications that it believes constitutes "Spamming," including removal of any related contact information. Furthermore Tortsy reserves the right to terminate your account without further notice in the event that you, in its opinion, violate these Terms.

How to report abuse

If you believe that someone is violating these Terms, please notify Tortsy by emailing us at contactus@tortsy.com. If you report an issue, Tortsy will review your report and take action if appropriate.

Warranties and Disclaimers

YOUR ACCESS TO AND USE OF TORTSY AND TO TORTSY'S SERVICES AND CONTENT IS AT YOUR OWN RISK. TORTSY IS PROVIDED "AS IS" and "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN PARTICULAR, TORTSY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) TORTSY WILL BE SAFE OR SECURE (B) YOUR USE OF THE TORTSY WILL MEET YOUR REQUIREMENTS (C) YOUR USE OF THE TORTSY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. (D) INFORMATION OBTAINED AS A RESULT OF YOUR USE OF TORTSY WILL BE ACCURATE OR RELIABLE (E) ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF TORTSY'S SERVICES OR WEBSITE WILL BE CORRECTED.

ANY MATERIAL OBTAINED THROUGH THE USE OF TORTSY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TORTSY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

THE SERVICES THAT TORTSY PROVIDES ARE ALWAYS CHANGING AND THE FORM AND NATURE OF THE SERVICES THAT TORTSY PROVIDES MAY CHANGE WITHOUT PRIOR NOTICE. TORTSY MAY STOP PROVIDING SERVICES TO YOU OR ALL USERS AND MAY NOT PRIVIDE PRIOR NOTICE. TORTSY RETAINS THE RIGHT TO CREATE LIMITS ON USE AND STORAGE AT TORTSY'S SOLE DISCRETION AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU.

TORTSY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TORTSY AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR BUSINESS REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF TORTSY, WITH THE DELAY OR INABILITY TO USE TORTSY, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WITH ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON TORTSY, INCLUDING BUT WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, OR FOR ANY INFORMATION, SOFTWARE, OR PRODUCTS OBTAINED THROUGH TORTSY, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TORTSY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TORTSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Sites

Tortsy may contain links to third-party websites. The linked sites are not under the control of Tortsy. Tortsy makes no warranty of any kind, express or implied, and accepts no responsibility for any Content or practices of such third parties or their websites (including, but not limited to, any viruses or other disabling features), nor does Tortsy have any obligation to monitor such third party Content. These links are provided as a convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by Tortsy.

Exclusions

Because some states/jurisdictions do not allow the limitation or exclusion of liability for certain warranties or conditions or consequential or incidental damages, the above limitations may not apply to you. Therefore, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

Copyright Infringement Policy

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  1. detailed identification of the copyrighted work that you believe has been infringed upon;
  2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information that enables us to o locate the material (URL of the allegedly infringing material);
  3. your first and last name, address, telephone number, and an email address;
  4. 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;
  5. 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 copyright owner;
  6. a physical or digital signature of the copyright owner or a person authorized to act on their behalf.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Tortsy will also terminate a user's account if the user is determined by Tortsy to be a repeat infringer.

Please note that you will be liable for damages (including court costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Please send the information requested above to the following address:

Tortsy LLC.
Attn: Copyright Agent
PO Box 741083
Boynton Beach, FL 33474
Email: contactus@tortsy.com

Intellectual Rights

All right, title and interest in and to the Tortsy Services, including but not limited to all intellectual property rights, is and will remain the exclusive property of Tortsy and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Tortsy name or any of the Tortsy trademarks, logos, domain names, or other distinctive brand features. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any automated device, or manual process to monitor or copy any Content from the Service. The Tortsy Rights include rights to the Service developed and provided by Tortsy; and all software associated with the Service. Any comments, or suggestions you may provide to Tortsy, or the Services is voluntary and we are free to use such feedback, comments or suggestions as we see fit and without any obligation to compensate you.

Your Content and Information

Tortsy does not claim any ownership of the materials you post, upload, input, transmit or store in your Tortsy account ("Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tortsy, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of the Service including but not limited to, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. Tortsy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tortsy sole discretion. For Submissions that are covered by intellectual property rights, like photos and videos, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with Tortsy ("IP License"). This IP License ends when you delete your IP Content or terminate your account unless your Submissions have been shared with others, and they have not deleted it. Removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to others). By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You are solely responsible for (and Tortsy has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Tortsy may suffer) by doing so.

Content on the Service

All Content, whether publicly posted or privately transmitted, which you may have access to as part of or through the Service is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted on the Service and, we do not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Tortsy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services.

Indemnification

If anyone brings a claim against Tortsy related to your actions, Content or information on Tortsy, you agree to defend, indemnify and hold harmless Tortsy, its subsidiaries, affiliates, officers, employees, agents, or other partners, or independent contractors from all claims, damages, losses, costs, liabilities and expenses including, but not limited to, reasonable attorneys' fees arising out of or related to your use of and access to Tortsy, your use or inability to use the Service, your violation of Tortsy's Terms your violation of any rights of another person or entity, your violation of any applicable laws or regulations, or of any representation or warranty contained herein.

Merger or Acquisition

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. It is possible that the Services and/or related assets and/or Content of Tortsy LLC might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Tortsy LLC may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, cause of action or dispute ("claim") or litigation arising in connection with Tortsy will be brought solely in a state or federal court located in Palm Beach County, Florida. You agree to submit to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.