These Terms of Service (“Terms”) govern your use of the Tactical Information Systems website (“We/Us/Our”), and all domains owned by Tactical Information Systems LLC (collectively called the “Site”) and the services available to you (“you” or “user”) through the Site (the “Service”), operated by the company. By using and accessing the Site and Services, you agree to be bound by and comply with these Terms and Conditions. Certain parts of the Services may require you to agree to additional terms or guidelines. You may not use the Site and Services if you do not accept these Terms. You represent that you are in legal age to accept these Terms. If you do not agree to be bound by these Terms in its entirety, you may not attempt to use the Services.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You can find the most recent version of these Terms on the Site, with the date of last modification noted above. Such modifications shall become effective as soon as they are on line on the Site. Therefore, we encourage you to check the date of our Terms whenever you use the Services to check if they have been updated. You must review these Terms on a regular basis to keep yourself updated of any changes. If you do not approve the revised Terms, you must immediately stop all use of the Site and Services. Your continued access to the Site and/or use of the Site and Services after revised Terms have been put on line will mean you accept the revised Terms. Should you have any questions regarding the use of our Site and Services, please contact us at email@example.com.
You represent that you are of legal age to form a binding contract.
To access and use the Services, you will be required to register by completing a registration form and designating a username and password (together the "Credentials"). Once registered you become a user of Tactical Information Systems ("User"). When registering, you agree to provide true, accurate and complete information about yourself, (the “Registration Data”). You also agree to update registration information you provide to maintain its truth, accuracy and completeness. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future access to the Site and Services and/or use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account. You agree to immediately notify TIS of any unauthorized use of account or any other breach of security. TIS cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
We provide the Service for your personal use.
By registering, you understand that we may send you communications or data from TIS regarding the Services, including but not limited (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials via electronic mail or SMS. We give you the opportunity to opt-out of receiving these communications by following the opt-out instructions provided in the message or in your account settings.
User Content and Intellectual Property Rights
To the extent that the Services provide Users an opportunity to collect and store information, materials, data, files, programs, ideas, comments and opinions (the “User Content”), you are solely responsible for your own User Content and the consequences of submitting it to the Services. In connection with User Content, you confirm, represent and/or warrant that you own or have the necessary rights, licenses, rights, authorizations, and permissions to use them on the Site and Services. By registering, you grant to TIS and its affiliates an irrevocable, royalty-free, worldwide license to use, reproduce, copy, display and sub-license such User Content for the sole purpose of providing to you the Services for which you have registered. TIS does not claim any ownership rights in any User Content.
The Site and Services operated by TIS is provided to you globally through the Internet. You understand that your User Content and Registration Data may be processed, stored and transferred in various countries, including but not limited to: The United-States of America, France, The United Kingdom and Canada.
User Conduct Restrictions
The Site and Services may be used and accessed for lawful purposes only. As a supplier of User Content, you are required to comply with the laws and regulations in force. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
- Violating the intellectual property rights of third parties' content that you have not personally created or for which you have not obtained the necessary authorizations from third parties or copyright royalty collection organizations who hold the rights to them;
- Acting in a way which is contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.). Circumvent, disable or otherwise interfere with security related features of the Site and Services or features that prevent or restrict use or copying of any Content;
- Attempt to probe, scan or test the vulnerability of any TIS system or network or breach or impair or circumvent any security or authentication measures protecting the Site and Services;
- Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
- Attempt to gain unauthorized access to TIS's computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site and Service;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
- Interfere with any other person’s use of the Services;
- Create multiple user accounts by automated means or under false or fraudulent pretenses;
- Use the Services to collect or store personal data about other users without their express permission;
- Use the Services in any way that competes with TIS;
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms and Conditions;
- You may not attempt to charge others to use the Services either directly or indirectly;
- You may not use the Services to harvest or otherwise collecting information about others, including social profile ids, e-mail addresses and phone numbers;
- You may not use the Services in a manner that results in excessive bandwidth, storage or processing usage, as determined by TIS.
All judgments concerning the fulfillment of the above mentioned guidelines shall be at the sole and exclusive discretion of TIS. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each notification of non fulfillment of the guidelines, and any action or inaction of TIS in a particular case shall not have effect or limit on TIS's reaction relating to a future complaint.
Interruptions or Discontinuation of Service; Changes to Services and Terms of Service
There may be occasions when the Services are interrupted such as for maintenance, upgrades, and system or equipment failure or otherwise. TIS WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SERVICE FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY USER CONTENT.
TIS reserves the absolute and unilateral right, at its sole discretion, to immediately suspend or terminate your account, the Terms executed with you, and/or your access to all or a portion of the Services and/or remove any registration information or User Content from the Services, for any reason (including if you breach of any of the provisions of the Terms or if it ceases to offer the Site or Services) or no reason. Upon termination or expiration of the Terms executed with you, your obligations and TIS's rights and disclaimers survive, but your right to use the Site and Services immediately ceases. TIS's failure to act with respect to a breach by you or others does not waive TIS's right to act with respect to subsequent or similar breaches.
Furthermore, TIS will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Use Policy of the Site
TIS may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and computing resources or dormant accounts due to infrequent access to the Services and to take such technical and other remedies as we deem appropriate. Your use of TIS Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of TIS customers, generally. Your account may be deemed dormant if, within any consecutive 180 day period, your account was not used to access the Service or if your User Content was not queried. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative fee plan or Service that will permit you to continue to use TIS Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your Services, without prior notice in the event of a violation of this policy.
TIS Content and Intellectual Property Rights
TIS's denomination, logos and designs are trademarks or trade dress which are the property of Tactical Information Systems LLC. They cannot be used without express written consent of TIS other than for designating the Site and Services. All other trademarks not owned by Tactical Information Systems LLC that appear on its Site and Services are the property of their respective owners, who may or may not be affiliated to, connected to, or sponsored by Tactical Information Systems LLC. In case you would like to use them you will need to ask the authorization to the relating rights holders.
The Content (other than the User Content) included on or accessible through the Site which appears on the Site and Services, such as texts, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, software and the compilation of all content on the Site (all together the "TIS Content, is the property of Tactical Information Systems LLC and its affiliates and licensors and protected by intellectual property laws.
Except as set out in these Terms, no reproduction, copy, display and use of any TIS Content is permitted without written permission from Tactical Information Systems LLC.
It is TIS's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law. TIS reserves the right to block, disable, as well as terminate access to the Services if you engage in copyright or other intellectual property infringement or for any other reason.
TIS's liability as host
TIS has no obligation to monitor content transmitted via or stored on the Site or Services. Their only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your Credentials, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Information, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.
Third Party Websites
The Site may provide links to third party websites or resources from the Site or Services. You acknowledge and agree that TIS is not responsible or liable for the availability or accuracy of, and TIS does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Notification of Unauthorized Acts
You are obligated to notify TIS in writing regarding any actual or perceived breach of these Terms of Service. In such event, you shall co-operate fully with TIS by providing all information that is reasonably requested from You.
High Risk Activity
You acknowledge and agree that the Services are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that TIS makes no warranty and shall have no liability arising from any Use of the Services in any high risk or strict liability activities.
Disclaimers of Warranties
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, THE SERVICES AND SITE (INCLUDING WITHOUT LIMITATION, ALL CONTENT, MATERIALS (AND MATERIAL LINKED THERETO), ADVERTISEMENTS, LINKS, AND EMAILS) IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TIS DOES NOT GUARANTEE OR WARRANTY THE ACCURACY, LEGALITY, APPROPRIATENESS, TRUTHFULNESS, OR OTHER QUALITIES OF ANY MATERIALS OR THE RELATED PRODUCTS, EQUIPMENT, OR SERVICE. TIS HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AND OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED USE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE.
Some countries/states do not allow the exclusion of liability for incidental or consequential damages, so the following exclusions may not apply to you.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TIS, NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF DATA, DELETION OR FAILURE TO COLLECT, STORE MESSAGES, DAMAGE TO USER COMPUTER SYSTEMS) WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE SERVICES AND SITE (AND YOUR USE OF, OR INABILITY TO USE, THE SITE); THE MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES AND SITE OR YOUR ACCESS TO IT; OR ANY BREACH OF THESE TERMS, EVEN IF TIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. ANY CLAIMS ARISING FROM THE SERVICES AND SITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE. NEITHER TIS NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY VIOLATION OF THE PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY DUE TO POSTING OF VOTING INFORMATION, WHICH IS THE SOLE RESPONSIBILITY OF THE USER POSTING SUCH INFORMATION.
You agree to defend, indemnify, and hold TIS and its respective officers, directors, employees, agents, representatives and affiliates (collectively “Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and TIS that arises in whole or in part from the Site and Services shall be decided exclusively by a court of competent jurisdiction located in Austin, Texas. These Terms shall constitute the entire agreement between you and TIS concerning the Site and the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TIS's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.
This Policy was last modified May 11, 2013.