The Hosted Disque by TYND site is controlled and operated by TYND LLC, located at 341 Raven Circle, Kent County, Wyoming, DE 19934. For any concerns directed to the Hosted Disque product itself, you may send them to firstname.lastname@example.org. For complaints in general regarding billing, operations, etc., please send them to email@example.com.
The binding part begins below the "Quick Summary" where it says "The Legal Stuff that Makes this an Agreement."
We will work hard to keep the service up and running at all times but sometimes we will have to take it down to maintain it and sometimes, well, things don't work. We'll do what we can to let you know about our efforts.
What you bring to the service you will own and what we provide in the service we will own. In other words, you own your data and code and we own the service (basically, we're giving you a limited license to use the service).
Use it when you want and pay for what you use. In other words, we won't require you to sign a long-term contract (unless you really want one). Just follow the terms of this agreement below:
Don't be stupid. Don't use this service for things that are illegal or that would be considered obscene, defamatory or libelous. Yes, we know that those terms are subject to some interpretation but just about everyone remembers what his or her grandmother said: respect other people. If you have any questions, click here for "Acceptable Use" provisions of the agreement.
Here are links into the body of the agreement for certain policies:
Want to make changes to this Agreement?
Click here to contact us and propose an alternative.
1.1 Introduction & Some Definitions. OK. Here begins the legal agreement between TYND and you. For simplicity, here are some defined terms and other terms are defined in this agreement. If a term is not defined then you and we agree that the normal definitions in our industry apply.
"Agreement" means this agreement between TYND and you. "Application" means the web application that created and/or modified using the Hosted Disque Services and any source code written by you or on your behalf to be used with the Hosted Disque Services.
"TYND" means the entity, TYND LLC (or its successor-in-interest) running the Hosted Disque Services. "We" and "us" and similar words also refer to TYND.
"Content" means. information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Hosted Disque Services, but excluding Applications.
"End Users" means those persons using your applications.
"Hosted Disque Services" means the services provided by TYND that you are using by coming to this website and those services include our cloud computing platform, the API, Add-ons (described below), this website, other software or services provided in relation to those and any improvements, upgrades, updates or other changes to the above.
"You" means you, the person or entity entering into this Agreement by using the Hosted Disque Services and terms such as "your" refer to something that is yours, as in an Application or a responsibility or a right.
1.2 Your Agreement with the Terms by Use of the Hosted Disque Service. For this Agreement to be effective you have to agree to the terms. You do that by using the Hosted Disque Services. Once you start using them then that means that you have accepted the terms of this Agreement. If you do not agree with the terms, then you have two choices. You can either stop using the Hosted Disque Services or you can click here and tell us what terms you want changed.
1.3 Who You Are. Apart from being a sentient human being, you are someone who can use the Hosted Disque Services because you are older than 13 years old and you are not prohibited from using the Hosted Disque Services by United States (or state) laws or the laws or regulations of another country (for example, if you reside in, say, North Korea and that country prohibits you from using this). Specifically, you confirm by your use that you are older than 13 years old and that you are not prohibited from its use. You are responsible for determining whether or not your use complies with applicable laws.
1.4 Changes to the Hosted Disque Services. We make changes to the Hosted Disque Services from time to time. These changes will be effective in reference to you and your use as soon as they are made, except for changes to payment policies and procedures (covered in Part 5 below, which refers to payment terms). Changes to this Agreement are covered in the next section.
1.5 Changes to this Agreement. We might change this Agreement from time to time. If those changes are substantive then we will give you at least seven (7) days notice before the changes take effect. If you do not like the changes, then you can terminate your account. You understand and agree that if you use the Hosted Disque Services after the date on which the changes take effect then we will treat that use as acceptance of the updated Agreement.
In this section, each of us grants the other a limited license and we make it clear to each other about who owns what rights.
We agree and acknowledge that by operation of this Agreement we do not have and will not obtain any right, title or interest from you in or to any Content or Applications that you submit, create, upload, transmit or display on or through the Hosted Disque Services, except what you grant us as licenses in this Section 1. This means that we have no rights in the intellectual property rights that are in the Content and/or the Application. This also means that we have no responsibility or obligation to protect or enforce those rights.
In order for TYND to provide the Hosted Disque Service, you need to give us a limited license to your Content and your Applications. This does not mean that TYND makes any claim–or even has any claim– to ownership in your Content or Applications. It just means that we have a limited license as follows:
When you submit, post and/or display Content and/or Applications on or through the Hosted Disque Service you grant TYND a non-exclusive and royalty-free license throughout the world to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content and/or Applications solely for the purpose of enabling TYND to provide you with the Hosted Disque Services. This applies to Content and Applications.
Hosted Disque Services enables you to work with other people, whom we call Collaborators. They, too, need a limited license to be involved in such collaboration. Accordingly, you grant to each User who becomes a Collaborator a non-exclusive and royalty-free license without the right of transfer and no right of sub-license, to use, display, perform, reproduce, modify, publish, distribute, edit, translate and analyze such Application(s) and Content as permitted by the applicable Hosted Disque Services that you are using and in all cases solely for the purpose of collaborating on development through the Hosted Disque Service.
You grant TYND the right to use your Marks solely for the purpose of advertising or publicizing your use of the Hosted Disque Services. This use shall be at TYND's discretion and then not in a way that states that you are [recommending the Hosted Disque Services] but only, as noted above, for advertising or publicizing your use of the Hosted Disque Services. "Marks" means trade names, trademarks, service marks, logos, domain names and other distinctive brand features. The advertising and publicizing will occur through such media as presentations, marketing materials, customer lists, financial reports and website listings (including links to your website).
You might provide us with ideas about the Hosted Disque Services. When you do so, you are freely giving those ideas to TYND to use any way that it sees fit. TYND will not be under any fiduciary or other obligation to you or anyone else when receiving and using such ideas. You understand and agree that TYND can disclose these ideas on a confidential or non-confidential basis and also that no compensation is owed you for any such ideas or their use. For purposes of this section, "ideas" includes all derivatives from those ideas and their explication or implementation in any form or medium at all.
You grant us permission to, make recommendations via the Hosted Disque Services to you for products or services we think may be of interest to you based on your Application(s), Content, and/or use. We will never make recommendations directly to your End Users.
(1) The Grant. We hereby give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Hosted Disque Services solely for the purpose of you using the Hosted Disque Service in accordance with the terms of this Agreement. Please note that there may be Open Source Software licenses for portions of the Hosted Disque Services and that these are separate licenses and agreements. Those agreements supersede this Agreement for those portions of the Hosted Disque Services.
(2) TYND Owns the Rights in the Hosted Disque Services. You acknowledge and agree that we own all legal right, title and interest in and to the Hosted Disque Services, including any intellectual property rights in the Hosted Disque Services.
You may not directly or indirectly: (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Hosted Disque Services or any part thereof without the prior written permission of TYND expressly authorizing such work; or (b) attempt to disable or circumvent any security we have or any applications running on the Hosted Disque Services.
You will provide complete and accurate information when you register for the Hosted Disque Services. You are and will remain responsible for the security of your username, password and other information you use. You will notify us of any unauthorized or suspicious use of your account(s).
If you become aware of any violation of any of these policies by one of your End Users, you shall immediately terminate such End User's account. We reserve the right to disable Applications in response to a violation or suspected violation of these policies.
(2) Compliance with Laws, etc. You agree that your use will comply with all applicable laws, regulations and ordinances, including any laws and regulations regarding the export of data or software. This is really important. When you use our Services, you are representing and warranting that you are not violating such laws and regulations.
You can use the Hosted Disque Services only to make and run Applications. Administrative access is permitted only through the interface we provide you. Anything else is a violation of this Agreement.
You are not permitted to exceed the hard usage limits set forth below. We set the "soft" usage limits from time to time and will be enforced in our sole discretion. This may result in messages to you that you have exceeded that limit. We might terminate your account if you frequently exceed these limits (and no, we don't know what the number of times of exceeding those limits happens to be).
You can't use the Hosted Disque Services in a manner that ends up avoiding fees.
You agree and acknowledge that you are responsible for your Application and any Content when you develop, upload, transmit or display any Application or Content. This means any Content anyone posts (or develops, uploads, etc.) through your use of the Hosted Disque Services. Further, you agree and acknowledge that TYND has no responsibility whatsoever to you and/or any third party when it comes to anything related to any such Application of Content. We are all (supposed to be) grown-ups here and, therefore, you also agree and acknowledge you are also responsible for the consequences of your actions (that's one of the things that comes with being a grown-up). Being responsible for the consequences of your actions also means responsibility for any loss or damages suffered by TYND from your actions.
TYND takes seriously allegations of violations of intellectual property rights, especially copyrights. When we get a legitimate "Takedown Notice" (from someone claiming that certain content violates their rights), we work hard to take care of that claim and we expect you to do the same. Accordingly, you agree to set up a process to respond to these "Takedown Notices" whether we send them to you or they arrive directly to you through your own policy. (You will find our process for receiving such notices by [clicking here]. Please note that we might remove Content or your Applications or terminate accounts where we feel those accounts are causing serious problems with respect to intellectual property rights for TYND or third parties. The next section explains some of your responsibilities and rights and ours.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Hosted Disque Services, then please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Hosted Disque Services;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
A statement 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 law;
and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please start with an email but also please understand that the law requires the written notice, too. The above information must be submitted to the following DMCA Agent: firstname.lastname@example.org.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. s512©, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
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We don't like offensive Content and we are guessing that you don't either. Your are responsible for removing any Content available through your use of the Hosted Disque Services that you find offensive or that TYND notifies you about. This might be Content that violates our Acceptable Use Policy, which is incorporated into this Agreement, or it might be other Content. It is especially important that you immediately remove Content TYND has told you about that is the subject of a legitimate "takedown" notice. TYND has the right (but not the obligation) to remove any Content at any time. In the event that you don't act to remove Content when requested by TYND, then TYND can remove it or disable Applications.
As between TYND and you, you are solely responsible for things like backing up your Applications and Content and for their security. TYND has no responsibility or liability if TYND deletes your Content, Applications or anything else or if TYND fails to back it up or store it.
We may provide you with Hosted Disque Services for free up to a certain limit and beyond that, you will have to pay. You can find our pricing at our pricing page. When you sign up you will provide us with a credit card, which we will charge very month for the services in excess of the free stuff. We base those charges solely on our measurements of your use of the Hosted Disque Services.
We can change our payment policies by notifying you at least fifteen (15) days before the beginning of the next billing cycle. We will post the changes online where you will be able to find it. Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You are responsible for paying all taxes and government charges, and, if we have to seek payment from you through the judicial system, then all reasonable expenses and attorneys fees we incurred collecting late amounts. We reserve the right to discontinue the provision of the Hosted Disque Services to you for any late payments. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within sixty (60) days after the charge (this does not affect your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at our sole discretion and only in the form of credit for the Hosted Disque Services. Nothing in this Agreement obligates us to extend credit to you. You acknowledge and agree that any credit card and related billing and payment information that you provide may be shared with companies who work on our behalf, such as payment processors and/or credit agencies, but solely for the purposes of checking credit, effecting payment and servicing your account. We might also have to provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. We shall not be liable for any use or disclosure of such information by such third parties.
Either you or TYND can terminate your use of all or part of the Hosted Disque Services. This section briefly sets forth the basis for the rights of termination.
You may terminate your account (and accordingly this Agreement) at any time. You just cancel your account by following the instructions for doing so. Please make sure that you retrieve your Content and any and all Applications (typically by export) before you terminate use. Please also note that we will not provide you with any refunds when you terminate. Please note that certain sections of this Agreement will survive termination (See Part 8 below for details).
You agree and acknowledge that TYND can terminate your account (and therefore this Agreement) at any time, in its sole discretion and with or without reasons for doing so. Moreover, you understand and agree that we can terminate your account without prior notice. You also agree and acknowledge that TYND will not be liable to you or any third parties for anything that arises from such termination. You will not be entitled to any refund for any such termination. When we terminate, we will give you a reasonable opportunity to get hold of your Content and Applications. As noted above, certain sections of this Agreement will survive termination (See Part 8 below for details).
This part of the Agreement sets forth the warranties and their limits, as well as your obligation to indemnify us. Many of the provisions are in all caps because the law requires it to be so. Please remember that your use of the system means that you have read this part and that you agree with what it provides.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HOSTED DISQUE SERVICE IS AT YOUR SOLE RISK AND THAT THE HOSTED DISQUE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT TYND'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
TYND, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE HOSTED DISQUE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TYND, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE HOSTED DISQUE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE HOSTED DISQUE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE HOSTED DISQUE SERVICES WILL BE ACCURATE.
SUBJECT TO SECTION 7.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TYND, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON TYND'S LIABILITY TO YOU IMMEDIATELY ABOVE SHALL APPLY WHETHER OR NOT TYND HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to hold harmless and indemnify TYND, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of this Agreement, (b) your use of the Hosted Disque Services, (c) your violation of applicable laws, rules or regulations in connection with the Hosted Disque Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, TYND will provide you with written notice of such claim, suit or action.
This Agreement does not create an agency, joint venture or partnership and other are no third-party beneficiaries to this Agreement.
We are in the 21st century, so when you use the Hosted Disque Services you are consenting to us using the email address you have given us to send you any notices required by law rather than by postal mail.
We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. This also includes failures in the transmission systems.
Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective even after your account has been terminated. This means that this Agreement remains in effect with reference to those provisions for an indefinite period.
Just because TYND does not exercise or enforce any legal right or remedy available to it does not mean that it is a waiver of any such rights or remedies. Those will remain available to TYND. A waiver will be valid if and only if it is in a written agreement signed by both TYND and you that expressly states that both parties agree to such waiver and that such waiver complies with this Agreement.
The headings are for convenience only and are not to be used to interpret the meaning of this Agreement. This English-language version of this Agreement shall govern its interpretation, whether or not we provide you with a version in a different language.
Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party's election, termination of your use of the Hosted Disque Services upon written notice to the assigning party.
You and TYND agree to submit to the personal and exclusive jurisdiction of the courts located within the state of DE.
This Agreement constitutes the entire agreement between TYND and you and governs your use of the Hosted Disque Services and completely replaces any prior agreements between TYND and you in relation to the Hosted Disque Services. This Agreement can be amended only by an written agreement between TYND and you that is signed by each party and that expressly states that such document expressly amends or otherwise modifies this Agreement. Such "written agreement" can be the exchange of emails to and from the parties but the sender of each such email must be the authorized representative of the party. If you wish to obtain such amendments or other modifications then you must have received an email from an officer of TYND identifying the authorized representative for such amendments or modifications.
Remember: This Agreement is binding on you once you start using the Hosted Disque Services.
This document is an adaptation of the Heroku Terms of Service which was originally adapted from the Google App Engine Terms of Service. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse TYND or its use of the work.
If you have any doubts about our terms of service, send us an email to email@example.com.