TRICYCLE, INC. TERMS OF SERVICE
These terms of use and legal restrictions govern your use of this Web site, including all subsidiary Web sites, including but not limited to Tricycleinc.com, Apso.com, Cre8tiv.com, and Tricycle.tv, collectively referred to as the ("Site"). Please read these terms carefully before using the Site.
1. Use Subject to Terms. 1.1 Your use of Tricycle's products, services and Web sites, including any and all logos and trademarks, is subject to the terms of a legal agreement between you and Tricycle. "Tricycle" means Tricycle, Inc., whose principal place of business is at 3001 Broad Street, Second Floor, Chattanooga, Tennessee 37408, United States, and each of its subsidiaries. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 You should assume that all materials, designs, texts, video, sound and images (collectively, the "Materials") contained in the Site are the copyrighted property of Tricycle, as well as any of its subsidiaries or of independent third parties. Tricycle neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Tricycle.
1.3 Tricycle may revise these terms and conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the updated and current terms and conditions to which you are bound. It is important that you take the time to read these terms carefully.
2. Accepting the Terms.
2.1 In order to view the Materials provided by the Site, you must first agree to the terms. You may not view the Materials if you do not accept the terms.
2.2 You accept the terms by actually viewing the Materials. In this case, you understand and agree that Tricycle will treat your viewing of the Materials as acceptance of the terms from that point forward.
2.3 Before you continue, you should print off or save a copy of the terms for your records.
3. Representations Through the Site.
3.1 While Tricycle uses reasonable efforts to include accurate and up-to-date information in the Site, it makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including without limitation, typographical errors and technical errors) in the content of the Site.
3.2 We have prepared the Site solely for the purpose of providing information about Tricycle and our business. The Site has been compiled in good faith by Tricycle. However, no representation is made as to the completeness or accuracy of the information on the Site. The news reports and articles concerning Tricycle available on the Site speak only as to the respective dates on which they were filed, issued, reported or presented. The contents of these reports and releases can become out-of-date, so you should not rely on the continued accuracy of any Materials beyond the date of their filing, issuance or presentation. We make no commitment, and we disclaim any duty, to update any of these reports and releases. Such reporting by third parties concerning products and services given by Tricycle are solely the opinions of such reporters and do not represent the interests or beliefs of Tricycle itself. We do not warrant as to the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed on, or distributed through, the Site. By accepting these terms, you acknowledge that any reliance on any such opinion, advice, statement, memorandum, report, news release or information shall be at your sole risk. Some or all of the content on the Site may be unavailable from time-to-time. We make no representations or warranties that the content of the Site, or that of any Web site that links to the Site, or that of any Web site that is linked from the Site, is free from viruses or other items of a destructive nature.
4. Links to Other Web Sites.
4.1 Links to third-party Web sites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. We do not control and are not responsible for any of these sites or their content. Without limiting the foregoing we specifically disclaim any responsibility if such sites: infringe any third party's intellectual-property rights; are inaccurate, incomplete or misleading; are not merchantable or fit fora particular purpose; do not provide adequate privacy or security; are libelous or defamatory; and/or contain viruses or other items of a destructive nature. We do not endorse or make representations about them, or any information, software or other products or services found on these linked Web sites, or any results that may be obtained from using them. The link to any other site does not imply our endorsement of that site or site owner, or that we are a sponsor of, or affiliated or associated with,or are legally authorized to use, any trademark, trade name, logo, or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol belonging to Tricycle. If you leave the Site to access any of the third-party sites linked to the Site, you do so entirely at your own risk.
5. Behavior on the Site.
5.1 You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Should you intentionally violate this clause by interrupting or attempting to interrupt the operation of the Site, and subsequent litigation ensues, you agree to pay Tricycle the sum of Twenty Five Thousand Dollars ($25,000) as liquidated damages, in addition to all attorney's fees, court costs and other expenses associated with such litigation. Additionally, you agree to indemnify and save harmless Tricycle and its shareholders, officers and employees from any damage award made against them in such an action. Should this liquidated damages clause be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. You further agree that all disputes concerning these terms of use of the content of Tricycle are to be resolved in the courts of Hamilton County, Tennessee, under the laws of Tennessee and the United States of America.
6. Representations and Warranties.
6.1 THE SITE, INCLUDING ALL INFORMATION AND MATERIALS ON THE SITE, THIS PUBLICATION AND ANY REFERENCES TO PRODUCTS OR SERVICES, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Your Passwords and Account Security.
7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Materials provided on the Site.
7.2 Accordingly, you agree that you will be solely responsible to Tricycle for all activities that occur under your account. 7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Tricycle immediately at [email protected].
8. Privacy and Your Personal Information.
8.1 For information about Tricycle's date of protection practices, please read Tricycle's privacy policy. This policy explains how Tricycle treats your personal information, including your e-mail address, and protects your privacy when you use the services provided by the Site.
8.2 You agree to the use of your data in accordance with Tricycle's privacy policies.
9. Content in the Services. 9.1 In the event that Tricycle may allow for discussions, blogs, chats, postings, transmissions, bulletin board and the like on the Site, Tricycle is under no obligation to monitor or review such transmitted information, and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Tricycle will fully cooperate with any law enforcement authorities or court order requesting or directing Tricycle to disclose the identity of anyone posting any such information or materials.
10. Proposed Use of Services.
10.1 Tricycle authorizes you to view and download the material at the Site only for non-commercial use, provided that you retain and display all copyright, trademark and other proprietary notices contained in the original materials on any copies of these materials. You may not reproduce or publicly display, perform, distribute or otherwise use the Materials for any public or commercial purpose without prior written permission from Tricycle. The Site is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site, and to prevent any unauthorized copying of any of the Materials.
11. Export Control. 11.1 Software, video, news releases, sounds and other Materials from the Site may be subject to United States Export Control Laws. The United States Export Control Laws prohibit the export of certain technical data and software to certain territories. No software from this site may be downloaded or exported into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or to anyone on the United States Treasury Department's List of Specially Designated Nationals or the U. S. Commerce Department's Table of Deny Orders. 11.2 We do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
TRICYCLE, INC. INTERNET PRIVACY POLICY
At Tricycle we recognize that privacy is important, and we respect the privacy of every individual who visits this Web site, including all subsidiary Web sites, including but not limited to Tricycleinc.com, Apso.com, Cre8tiv.com, and Tricycle.tv, collectively referred to as the ("Site"). We believe it is important that you know how we treat the information we receive on the Internet about you. Therefore, this Privacy Policy (hereinafter the "Policy") outlines the information that we may collect from you and how we may use that information.
Consent to the Policy: by viewing the Site, you signify that you agree with the terms of the current Policy as posted on the Site, as well as the terms of our Terms of Service. If you do not agree with any term in the Policy or our Terms of Service, please do not use the Site or provide any personal information to us.
The Information We Collect: we offer a number of services that do not require you to register for an account or provide any personal information to us. However, in order to provide our full range of services, we may at times collect the following types of information: Personal Information: as used in the Policy, "Personal Information" means any information that is linked to your identity, such as your name, street address, telephone number, screen name, age and/or e-mail address. For certain services, we ask you for Personal Information. We will not collect any such Personal Information from you unless you provide it voluntarily. Therefore, if you do not wish to provide us with your Personal Information, please do not submit it to us. Third-Party Information: we may also enhance your Personal Information by linking it to data obtained from third parties, such as non-personally identifiable information (e.g., demographic and geographic characteristics) as well as other publicly available data, such as census information. Such enhanced information allows us to provide our users with a more customized experience. Cookies: when you view the Site, we may store some tailored information on your computer. This information is delivered through technology called "cookies." A cookie is a tiny element of data that a Web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. With most Web browsers, you can delete cookies from your hard drive or block all cookies, and you may set your browser to notify you when you receive a cookie. However, if you decide to block such cookies, your use of the Site may be limited in some aspects.
The use of cookies is standard, and you will find such cookies at most Web sites. Tricycle may use these cookies to collect information during your visit to the Site, such as the particular area of the Site you visit and the activities in which you participate at the Site. This allows Tricycle to better tailor the Site and its products to your interests and needs. Cookies may also be used to help speed up your future activities at the Site, as the computer can remember that you have already provided personal information to us and will not request that you provide any a second time. Logging Information: when you view the Site, anonymous information about your computer, such as your Internet protocol address, the type of Internet browser you are using, and the type of computer operating system you are using may also be collected by us using cookies. \ When you r equest a page from the Site, our servers log your Internet protocol address. Information Provided by the User: when you send e-mail or other communication to Tricycle, we may retain those communications in order to process your inquiries, respond to your requests and improve our services to you.
Use of Personal Information: when you provide us with Personal Information, we may use that information in the following ways: to respond to your inquiry, process your request or allow you to access specific account information. We may store and process the data to better understand your needs and how we can improve our products and services, in accordance with the terms of the Policy. We may also use it to contact you regarding Tricycle's products or promotions, as well as other products and services, which may be requested by or otherwise of interest to you. We also use Personal Information to keep track of a user's activities on the Site, to improve our marketing and promotional efforts, to statistically analyze Web site usage, to improve Site features, design and content and to refine our marketing strategies.
Non-Uses of Information: your Personal Information is not intended to be used to market, sell or rent Personal Information about you to third parties. Except as stated in the Policy, we do not sell, transfer or disclose your Personal Information unless you give prior consent.
Third Party Sites and Links: the Site may contain links to other Web sites. We do not exercise control over the sites displayed as links from within the Site. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Tricycle takes no responsibility for any actions that occur on links coming from the Site, nor are we responsible for the contents or the privacy practices of other Web sites. This Policy applies solely to information collected by the Site.
Purpose: Tricycle only processes Personal Information for the purposes described in the Policy. In addition to the aforementioned policies, such purposes include but are not limited to: better providing products and services to users of the Site, including the display of customized content and advertising, protecting and improving our services to you, ensuring the functionality of the Site, and providing a meaningful and customized experience while you are viewing the Site.
Changes to the Privacy Policy: please note that the Policy may change from time to time. Tricycle reserves the right to modify its Policy at any time. In the event that we make a change to our Policy, we will post a notice of the change on this page. As a user of the Site, you are obligated to view the Policy on this page from time to time as you see fit; Tricycle is not responsible for providing notice to all users when any change is made to the Policy.
Release to Law-Enforcement Authorities: we will only release your Personal Information if required to do so by law, or by search warrant, subpoena or court order, or to a third party to which ownership of Tricycle is transferred via acquisition, merger, sale of assets or otherwise.
Children: we do not intend to collect any Personal Information from children under eighteen (18) years of age. We encourage parents to instruct their children to use their Personal Information in a safe and responsible manner while using the Internet.
Questions or Concerns: If you have any additional questions or concerns about this Policy, please feel free to contact us at any time through the Site, or through U.S. Mail at;-