TownSquare Social Media | Terms & Conditions
Effective Date: 21 January 2021
Welcome to TownSquare! We are a community-based application that encourages people to connect, share and associate in an environment where “Freedom Still Rings!”
While we are a freedom loving community that come from a broad range of perspectives and unique voices, we want to encourage you to review our Terms of Service (TOS). This then is our best effort to define the relationship we begin when you become a part of our online community.
The content of the Terms of Service (TOS) covers the following General Categories:
1.0 Who Is TownSquare Social Media?. 2
2.0 Platforms, Features, Programs and Profiles. 3
3.0 PUBLIC DOMAIN CONTENT. 3
4.0 Our Role and Your Rights (Section 230). 4
5.0 Your Responsibilities. 7
6.0 How our services are funded. 8
7.0 Our Core Values. 10
8.0 Problematic Content. 11
9.0 Additional conditions and stipulations for use. 12
10.0 Limitations to Our Liability. 13
· Specific to business users and organizations only. 15
11.0 Liabilities & Discussion of problems or disagreements. 16
· Problems in our community whether with our Product(s) or Service(s). 17
12.0 Deletion & removal of you and your content as a last resort. 17
· Reiteration of Governing Law and the Courts. 18
13.0 About these terms. 19
14.0 Updating Our Terms of Service. 20
1.0 Who Is TownSquare Social Media?
TownSquare Social Media, Inc (Company) and the web application(s) townsquaresm.com provides is/are social media website application(s) [Site(s)]. Member-users (“Profiles”) can join or leave the site at any time for any reason. By logging into the website users both individually, and jointly, agree to use the website application, and any associated applications whether cloud-based or native application on a mobile device, agree to do so at their own risk.
The Company is organized in the State of Florida, United States of America, and thus our relationship is governed under the laws thereof. Any disputes, concerns, or otherwise shall be interpreted in accordance thereto. A court of competent jurisdiction in Pinellas County, Florida. As adjudged by the courts, the costs for any action taken therein may be the responsibility of the non-prevailing party in accordance with the applicable laws, and established case law thereto.
If you are under the age of 18 and you choose to use the site, you must have your parent or legal guardian’s permission to create and use a Profile on our site(s). Please have your parent, or legal guardian, read these terms to you and answer any questions that you may have. If your parent, or legal guardian, established their identity as your parent, or legal guardian, and you are not formally emancipated by a court of competent jurisdiction, your account may be suspended until such time as they inform the Company that you may use the site. Or alternatively, suspend your use of the site until the age of 18, in their sole discretion as your parent or legal guardian. Parents and legal guardians, should you allow your child to make use of our site(s) and the services associated therewith, in accordance with any applicable laws thereto you may be legally responsible for your child’s activity thereon or therewith. This responsibility is both civil and criminal as determined by a court of competent jurisdiction in Pinellas County, Florida.
Like other website and application providers, we build, create, and innovate from existing and new technologies to create services that enable connections between people, organizations, and businesses in an online community. Our Terms of Service (TOS) governs your use of our applications including, but not limited to TownSquare Social Media, Video, SoapBox and Gazebo.
When we speak of “TownSquare,” “TownSquare Media,” “TownSquare Social Media,” “TSSM,” “we,” “us,” and “our” we are referring to TownSquare Social Media Inc and its affiliates and/or subsidiary companies. By you, we mean you individually, but we also without limitation as appropriate may also be referring to your business, a group that you organize, and/or any organization or entity that you post for, or present that you are presenting and/or posting for.
2.0 Platforms, Features, Programs and Profiles
We are always working behind the scenes on creating new features, apps, technologies, and native applications to drive the software that operates the systems that drive our collective applications. Unless otherwise excluded or stated, our various products and services are provided as a service of the Company, or one of its wholly owned subsidiaries and as such, this TOS applies.
We are working to make the interactive features be as seamless as the programs allow to provide for switching between them. As we continue our process and application improvements, we may opt to add or remove features, functions and interfaces that may result in either an increase or decrease in what you may have previously experienced on our site(s), including and not limited to, in our sole discretion, that may stop offering certain site(s) & services, or we may implement new ones.
The Company provides use of our platform at no charge to you. In order to keep the site available for continuous use at no charge, we instead provide a wide range of advertising options that include both text and display ads for businesses, politicians, and organizations both public and private that they pay to display. By creating a Profile, and subsequently logging in to one of our sites, you agree that we have permission to display ads that we believe will be relevant to you, based upon your profile information, membership in groups and activity on our site(s).
While we do not sell your personal data to advertisers and content publishers on our site(s), explicitly referring to your name, email address and phone number, we may share it when you provide permission to do so. Advertisers specifically select demographics, site activity, and group membership to assist in how they are able to selectively advertise on our site(s). As advertisers and members interact with the site, performance data specific to the various ads on the site will be given to these vendors to help them with improving the effectiveness and utility of their advertising content.
3.0 PUBLIC DOMAIN CONTENT
While our site requires a Member to login for access, the only published restrictions on membership and use of the site are as follows:
· Minimum age requirement of 13
· No Member will be allowed to maintain a Profile who is someone that promotes or publishes content that calls for, promotes, or threatens actual violence against others
· In addition to Members calling for actual violence against others, we also prohibit the promotion of membership or patronage of any group that calls for direct violence against others (i.e. Iranian Shiite Muslims who promote Jihad against Americans).
The Company specifically calls for the celebration of the sanctity of life, and neither promotes nor condones ending life at any stage of development. As such, the Company is purposefully non-violent as it relates to content development, content creation and content publishing.
Members are individually responsible for their content and their engagement on our site(s). If a member's account is disabled for any reason other than voluntary deletion, the content may be stored up to three years to ensure anti-spoilation. Provided there is no legal prohibition, the account(s) will then be permanently deleted along with the account. A member with a suspended account may request a download of any pictures for a period of no more than one year from the date of suspension.
Member-users on creating a profile and logging in are granting an unlimited, unrestricted public domain license for any content they publish on our site(s). While the content is defined as being in the public domain, Member-Users are individually responsible for trademark, copyright or other violations created by their post. If they are posting on behalf of a business or organization, these entities may also have responsibility under the law. Determination as to the same may be established in a court of competent jurisdiction within the State of Florida, United States of America.
If there is a question as to the authenticity of an account, the Company reserves the right to request that the Member-User provide government issued identification (i.e. driver’s license or passport), to verify and confirm their identity. Failure to provide identification may result in suspension of the account in question, and eventually deletion, which shall be determined at the sole discretion of the Company.
4.0 Our Role and Your Rights (Section 230)
Due to the current aggressive litigious environment, that includes the apparent overreach of other private and public entities, the Company seeks to strike a balance between what your rights to expression are with a balance against the stated needs of society as it relates to preventing abuse, responding to legal requirements [i.e. copyright violations], or addressing the safety of operations and overall security of our site(s). Because it is not simple, and can be complex, in our sole discretion we may consult with you, with counsel, or with any other party or entity as necessary to ensure the best possible outcome for all parties involved therewith.
The Company does acknowledge that the First Amendment to the United States Constitution was written saying:
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A simple reading of the First Amendment (1A), we find multiple issues expressed including defining speech as being related to both the spoken word and the published (or written) word. Further 1A is not just speech, but it also refers to religion. The Government, which includes all levels of government from local to state to Federal is not “Take Sides” as it relates to the expression of faith, but rather it is to stand as a guardian over the expression of faith, our ability to speak our mind, and our right to assemble and express it all as any of us individually or corporately see fit; separate from the interference of government therewith.
Section 230 states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
The intent of Section 230 a United States Federal Law passed into law as part of the Communications Decency Act of 1996, a law that was largely struck down as overly restrictive by the Supreme Court of the United States (SCOTUS). SCOTUS left Section 230 intact. The thrust of this legislation is such that internet providers are not to be considered the publisher of content, such as a newspaper, but rather be viewed as a method of distribution of information more like the Post Office.
Please consider and be advised that each and every person, business, entity, or organization is still accordingly legally responsible for any and all of the content they [you] post and how they [you] interact with others on our site(s). Further, you agree without limitation to further indemnify the Company, as we take no responsibility, legal, financial or otherwise regarding the content that you post on any or all of our digital properties.
The Company gives you permission to use our services at no charge, separate from any advertising or promotional tools that we may selectively opt to provide at a cost we deem reasonable thereto. While you have permission to use our services, and promote content that you voluntarily choose to post, we retain any and all intellectual property rights that we may have in our services.
The content you create, and post remains yours. You retain your creative and intellectual property rights for your posts such as original work and reviews of someone else’s content. If you share someone else’s work, please be sure that you provide an appropriate attribution, and that you also have permission from them to do so. You are providing the Company permission through your acceptance of this TOS and the associated license for use of our site(s). We need your permission if our use of your content is restricted by your intellectual property rights, and it is given accordingly of your own volition.
The non-exclusive license to your content allows the Company to:
· Host, reproduce, distribute, and use your content
· Publish, publicly perform, or publicly display your content
· Modify and create derivative works based on your content (i.e. translation)
· Provides for the sub-licensure of content to others: allows other users to work the system as designed, such as sharing a photo that you posted, and the like.
· Customize our services for you such as providing personalized ad results, offering specific content, and in providing you with personalized search results.
Your voluntary and explicit permission grants us a license for use of any content accordingly protected by any and all intellectual property rights. If you choose to give us feedback, such as better ways for the site(s) to work, we may act on your feedback without any obligation to you. The license that you have granted lasts for as long as your content is protected by intellectual property rights.
Limitations of this license for use includes a limitation as to intellectual property rights only. There is no affect upon any privacy rights. Further, the license does not apply to following kinds of content:
· Information that is already available in the public domain; i.e. information that is free for everyone to use, and/or does not require a license for use.
· Information that would be considered common knowledge, also considered to be within the public domain.
· The license is worldwide in scope, and is thus valid in all jurisdictions
· The license is non-exclusive, thus your content can be licensed to others for their use
· The license is also royalty-free, meaning that there are no fees nor any earnings purported nor offered herewith
· When you post information, pictures, videos, graphics and art on our site(s), it may be considered public domain, as anyone can access it with a Member account.
If you believe that another Member-User is violating your intellectual property rights, please email a notice to firstname.lastname@example.org for our review. In our sole discretion, depending upon the nature of the legalities involved, we may or may not inform you of our decisions relative to the report you make. Members who repeatedly violate the copyrights of others through infringement may be subject to suspension and/or deletion of their Profile-account.
5.0 Your Responsibilities
While you have the right to express yourself as you see fit, we also recognize that when people interact there can be a limiting factor when our individual rights conflict with each other. In recognition of the sanctity of life, and as well the importance of honoring the humanity of others, we ask that you respect other members on our site(s). What does this mean?
We ask that you encourage an environment that encourages safety, respect, and productive interaction. Our conduct guidelines for usage of our site(s) include, but are not explicitly limited to the following:
· Respect the privacy rights and the humanity of others.
· Respect and acknowledge intellectual property rights of others.
· Respect the service(s) and our site(s) by not disrupting, harming, or interfering with them.
· Resist and report any violations of the humanity of others including but not limited to; sex trafficking, human trafficking, abuse and/or harm.
· Respect and comply with the applicable and appropriate laws.
· Do not threaten or encourage abuse or harm of others, which may include but are not limited to: abusing, bullying, defaming, defrauding, doxing, exclusionary, harassing, manipulating, misleading, silencing or stalking others.
If you believe that another Member is violating reasonable rules of decorum, each of our site(s) provide a way for you to communicate these violations. The Company has an internal review process that prescribes how we investigate and address reported violations. Depending on the severity of the situation reported, we may or may not be able to provide you with communication as to the outcome thereof.
Because we are a digital media services company, we seek to provide a variety of ways for members to share information with our community. Our applications facilitate by design ways for you to share content and include, but are not limited to uploading, texting, submitting, storing, sending, receiving, and sharing content as you choose. You have no obligation to provide any content to our site(s). Please be sure that when you share that you have the necessary rights to do so, and that it is lawful to provide the same.
While the site is secure, and we employ enterprise level DDoS protection services, you are responsible for the security of your Profile. We encourage you to take reasonable steps to keep your Profile secure.
If you are using any or all our sites on behalf of an organization, which may include but is not limited to political campaigns, businesses, schools, and non-profits. Your usage presumes that you have the authorization and necessary permissions to do so. By accessing our site(s) you explicitly assert on behalf of an organization, you are acknowledging that you have permission for these TOS to be binding upon both them and you. Any additional rules beyond those of the site(s) are the responsibility of the Member-User and not the Company.
Usage of our site(s) give you access to content that belongs to other people and/or organizations. For example, someone may elect to post copyrighted information about their business processes, or an author may post an article. You may NOT use this content without that person’s (or organization’s) written permission, or as otherwise allowed by law. More to the point, the views expressed in other people’s content, or their organization’s content, is theirs and do not necessarily reflect the views of the Company.
Some of the content on the site is our content, and as such, there may be a variety of written posts, audio posts, and/or video posts that you may want to use. While we retain the intellectual property rights for this content, you have limited permission to make use of this intellectual property (content) in the meantime. Please do not remove, obscure, or alter any of our branding, our logos, and/or legal notices regarding the same. Should you wish to use any of our content, you may apply at email@example.com.
6.0 How our services are funded
As a digital services company expenses that contribute to heavy overhead costs for the operation of social media applications are generally comprised of the same general costs for many companies: people, equipment and power. Costs do vary based upon on what infrastructure the company is built upon. While these costs certainly include the traditional operational expenses of every business such as overhead, personnel, offices, and the like. Critical infrastructure includes expenses such as power consumption, server computing hardware and the equipment to cool it all to name just a few.
The Company has made the operational and fiscal choice to provide our products and services at no additional cost to our Members. When you login and agree to become a member, you agree that your usage of our site(s) is governed by this TOS statement. You agree that we can show you ads that businesses, non-profits, and organizations pay TSSM to promote through Company products and services. We use personal data, such as your profile, personal interests, and activity across our site(s) to show you ads that are more relevant to you.
We collect data through third party vendors, for example Google and Amazon, to create a picture of how users are interacting with our site(s). Additionally, some of this data may help us demonstrate to advertisers how users are interacting with their advertisements. We will not ever sell your individual, personal contact information or related data.
Advertisers communicate the type of audience that they are wanting to put their ads in front of. We then deliver that ad content to spaces and places where their ideal audience can be found. As a result, we are able to provide demographic data and affinity information to enable advertisers to provide focused, quality, and relevant advertising for specific audiences. If you have a business, whether product or service, that you would like to advertise please send an email to firstname.lastname@example.org. We will do our best to get back with you in a timely manner. Rate cards change monthly as the site continues to grow and flourish.
We appreciate your becoming a member of our site(s), and as well, thank you for the privilege of facilitating a way to keep the site free for users by engaging with our vendors and their advertising content. In addition to advertisers, we also provide a variety of merchandise for sale to help us pay our expenses and eventually to also provide a profit to our shareholders. Without you, our site could not exist and for that we thank you!
7.0 Our Core Values
The Company Mission is to provide (members) Users with a social media platform where people can connect, share, and find information. We are a global community with a small-town feeling. We are everyday people gathering to share and to care. We facilitate connection and building communities in order to help Users stay connected with friends, family, and colleagues. We are actively creating positive change across the Social Media landscape. We are the change makers. We want the world to gather at TownSquare where we respect your right to freely express your beliefs and opinions, without prejudice.
• Engagement – our Users enjoy the engagement of both like-minded and opposing viewpoints.
• Media Experiences – Includes a variety of photos, memes, videos and posted articles that comprise a full, rich interactive experience.
• Creating Content – our Users enjoy a variety of platforms that allow them to create an interactive experience for their network of people and organizations.
• Community – we encourage the development of community by providing a platform that enables a rich media experience designed to facilitate interaction.
• Commerce – enable Users a platform where they can conduct business and attract clients for their profession services and/or company products.
• Dignity – the belief that all life and all points of view have value. The proof for the merit of beliefs and values comes from our interactive experience whether it is online or offline.
• Sharing – the joy and energy of social media is enshrined in the foundational principle of sharing. We share our reactions. We share our emotions. We share our experiences. We present all of this in a variety of forms from text posts, memes, pictures, and videos along with our collective reactions to our content and the content from others.
• Value – we value the opinions, beliefs and the intrinsic value of life, but especially the dignity and value of every human life regardless their stage of development or purported “quality of life.”
• Affinity – the ability of people to associate in groups large & small, private & public. We facilitate this through the creation of Groups. It is just one of many ways that we encourage our community to experience how we learn to enjoy and appreciate that we are not alone.
• Privacy – we define privacy as the ability of our Members to choose their association and to express themselves when and where they are comfortable to do so. Safe in the knowledge that our systems are designed to safeguard their personal information that is theirs to share when, if and as they see fit.
• Connection – we socially interact and engage in the content on our site(s). It is in the crucible of connection that we find the frustration of opposing viewpoints, the joy of shared reflection, and the freedom of self-expression.
• Emotion – Users engage in a variety of ways, but that little widget that makes us all crazy, happy and sad is our ability to respond with emoji’s. People can react in a variety of ways, which enriches our experience on the platform with one another.
8.0 Problematic Content
What does it mean to have a free speech platform without censorship, if there are things that can get someone blocked, banned and/or deleted from the site?
The best way to understand this is that the right to privacy, and the dignity of human life, means that there are limits to our own self-expression. Those limits engage when and if one’s expression negatively impacts someone else’s in a direct manner. Examples of this include pornography, exploitation of anyone regardless of age, or the promotion of illegal acts.
Inappropriate and objectionable material makes some people uncomfortable. The expression of one person should not drive away ten other people because of that one person’s inability to moderate their tone or reaction. It makes the entire community less warm and less welcoming.
Because by and large it is not legal, Company site(s) specifically prohibit content such as the following:
· Anything that promotes, promises or threatens direct violence towards others
· Credible threats towards oneself, other people or public safety
· Organization, encouragement or celebration of violence or the physical harm of others
· Sexually explicit, exploitative, or pornographic material (including artwork such as graphic novel, cartoons, and the like)
· Promotion of sexual services
· Anything that exploits minors, or presents minors in a sexual way
· Anything that creates a risk of severe physical injury or property damage
· Promoting self-harm including but not limited to prescription drug use, eating disorders, and hard illicit drug use
· Fraudulent and/or deceptive information designed to take money or property from someone else
· Anyone over the age of 18 requesting the personal information, or contact information, of a child under the age of 16 without the knowledge of a parent or legal guardian.
· Promoting or encouraging anything that is explicitly illegal and therefore barred by law
9.0 Additional conditions and stipulations for use
This TOS statement comprises the entire agreement between you and the Company regarding your use of our site(s), Products, and Services. The TOS supersedes any prior written or oral agreements regarding the use of TSSM site(s).
Some of the products and services we choose to offer may or may not also be governed by supplemental terms of service. If you use any of those products or services, supplemental terms of service(s) will be made available and will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of any conflict therewith.
If any portion of this TOS is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this TOS, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our express and written consent.
You may designate a person to manage your account if it is memorialized upon your incapacitation or end of life. Only your contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to legally receive any disclosures from your account after it is consequently memorialized.
This TOS does not confer any third-party beneficiary rights. All our rights and obligations under these Terms 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 we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
We reserve all rights not expressly granted to you without limit, unless otherwise adjusted by Florida State Statutes.
Nothing in this TOS restricts other legal rights the Company may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this TOS, our policies, Florida State Statutes, United States Code (Statutes), or other regulations. It is possible that copies of content shared with others may remain even after you delete the content from your account.
Furthermore, the Company and Site users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Company site(s).
The Company operates in accordance with the Digital Millennium Copyright Act, and in similar fashion Members shall do the same.
We are concerned about the security of our Members. While we work to protect the security of your content and account, the Company cannot guarantee that unauthorized third parties will not be able to hack through our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
10.0 Limitations to Our Liability
Third-Party Links, Sites, and Services Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by TSSM. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from TSSM, you do so at your own risk and you agree that TSSM will have no liability arising from your use of or access to any third-party website, service, or content.
Products and Services and all their included content are provided on an "as is" basis without warranty of any kind, whether express or implied. TSSM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
To the extent permissible under Florida State Statutes and the U.S. Code, we DISCLAIM ALL WARRANTIES EXPRESS & IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Further, neither the Company, nor its personnel, are responsible for the actions, words, and/or conduct of others on our site(s). Because we neither control nor direct Member usage of our site(s), whether online or offline, we are neither liable nor responsible for content that they may share which may include without limitation, inappropriate, offensive, obscene, unlawful, and other objectionable content that while repugnant is also not illegal.
The Company is unable to predict with any precision the issues that may arise through the rapidly expanding use and interaction with our site(s) amongst our members. As a result, our liability is limited to the fullest and most complete extent permissible by applicable law. Under no circumstance will TSSM, or any of its associated or subsidiary entities, and by extension our personnel, whether contracted or employed, may be held liable to you, or your organization, for any lost profits, revenues, information, or data. Further, including without limitation we cannot be held liable to you for any consequential, special, indirect, direct, exemplary, punitive or incidental damages that may arise out of your use, or your organizations use of our site(s), our Products or our Services, nor as they relate to this TOS statement. This shall be true without limitation even if TSSM has been advised of the possibility of such damages. As such our liability in the aggregate as it relates to you, your organization, and/or your individual use or an organizations use of our site(s), Products and Services, shall not exceed the greater of either $500.00, or the total amount which you have paid us in the previous consecutive twelve months.
TSSM takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our Products and/or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Our Products and Services are provided on an “AS IS NO WARRANTY” basis. While we make every effort to ensure through enterprise level services that the site(s) will be safe, secure and/or error free, it is impossible to guarantee that they will always function without disruptions, delays, and/or imperfections. With a globally distributed workforce we provide focused effort daily to provide the best Products and Services that we can, and to specify with precision clear guidelines as to the manner of use for all our Members, Vendors and Advertisers.
· Specific to business users and organizations only
Whether you are using the site as a business or organization, then to the extent allowed by applicable law:
o You specifically agree to indemnify TSSM, its directors, officers, employees, contractors, and vendors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of our site(s), services and/or products in a violation of this TOS statement or any of our specific service-related terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
o TSSM cannot be held liable or responsible for any action arising out of any jurisdiction outside of Pinellas County, State of Florida, nor can it be held liable and you agree to indemnify TSSM as to any prospective:
o Loss of profits, revenues, business opportunities, goodwill, or anticipated savings
o indirect or consequential loss
o Punitive damages
o TSSM’s complete liabilities that may arise out of or relating to these terms is limited to the greater of (1) US$500 or (2) 105% of the fees that you paid to use our relevant site(s), service(s) or product(s) in the 12 months prior to any purported breach.
The Company reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Any major change to the TOS that exceeds 10% of the content hereon, we will notify you at least 7 days prior to implementation of the same.
The Company grants a worldwide license for products and services that we offer for your personal and commercial use. The license provided is:
· worldwide, which means it’s valid anywhere in the world
· non-exclusive, which means that we can license the software to others
· royalty-free, which means there are no fees for this license
· personal, which means it doesn’t extend to anyone else
· non-assignable, which means you’re not allowed to assign the license to anyone else
· any attempted transfer or assignment in violation hereof shall be null and void.
You are prohibited from copying, modifying, distributing, selling, or leasing any part of our products, services, or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.
When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.
11.0 Liabilities & Discussion of problems or disagreements
As a Member on our site(s) you have certain rights and privileges which are granted under Fair Use principles, as well as those that may exist under local, state, and federal statutes. This TOS does not limit or remove rights that you have thereunder. At a minimum, you have a right to a certain quality of service and ways to fix problems if something goes wrong. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
As previously stated, these terms only limit our responsibilities as allowed by applicable law under Florida State Statutes. Specifically, these terms do not limit TSSM’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. To reiterate, usage of our site(s), Products and Services fall under the governing jurisdiction of Pinellas County, State of Florida.
Other than the rights and responsibilities described in this section, TSSM will not be responsible for any other losses, unless they are caused by our intentional breach of this TOS statement as adjudicated in the governing jurisdiction.
If you are legally exempt from certain responsibilities, including indemnification, then those responsibilities do not apply to you under these terms. Our TOS cannot override any specific, special or legally identified immunities.
· Problems in our community whether with our Product(s) or Service(s)
We commit to taking steps to correct issues when we are made aware, or when we discover them. While all sites across the web make use of a wide range of tools and services including search and artificial intelligence, it is impossible to guarantee that we will be aware of items that require attention at the time they occur. We are only as pro-active as our community helps us to be aware when they experience them, or as our personnel come across them in the regular course of site interaction and review.
As we become aware of issues, challenges and items that require action, we will provide you with advanced notice when it is reasonably possible, to explain our rationale for action, and to provide you with an opportunity to correct the issue, unless we reasonably believe that doing so would:
· Cause harm or liability to a user, third party, or to the Company
· Violations of laws, or the enforcement order of a legal authority
· Compromise investigative actions
· Compromise the operation, integrity, or security of our services
12.0 Deletion & removal of you and your content as a last resort
If we reasonably believe that any of your content is problematic (1) violates the terms, breaches service specific additional terms and/or policies, (2) violates governing statutes & applicable law, or (3) if it might cause harm to other Members, third parties, or the Company, then we reserve the right in our own discretion to remove some, or all, of that content in accordance with applicable law. Examples of such content is any that may violate the natural rights of another human being including but not limited to child pornography, content that encourages or advertises human (and/or sex) trafficking and/or harassment, as well as content that infringes on the intellectual property rights of others.
While it is an extreme and measure of last resort, the Company reserves the right to temporarily suspend your account up to and including a lifetime ban on access to the services on our site(s). TSSM is a vibrant and confident defender of the right to free speech, but only as it does not infringe on the rights of others. It is in this crucible of the conflict of rights that we work tirelessly to balance the rights of the individual to be heard, as well as defending the rights of another to not be oppressed or dominated in an unhealthy and inappropriate manner.
Therefore, TSSM reserves our right to suspend or terminate access to our site(s), products and services should any of the following occur:
· Repeated, habitual violations of our TOS statement, as well as any additional service-specific additional terms and policies that you have materially, repeatedly breached
· When we are required to do so in order to comply with either a legal requirement or a court mandated order
· When we reasonably believe that your conduct causes harm for or to a user, third party, or TSSM, or creates any potential adverse liability for the Company — actions for example, include harms created by hacking, harassing, misleading others, phishing, spamming, or scraping content that doesn’t belong to you from our site(s)
Additionally, if your actions comprise illegal activities including but not limited to fraud, civil fraud, criminal fraud, stalking, bullying, digital a.k.a. cyberbullying, cyber-stalking, harassment, or any combination thereof, TSSM reserves the right to save screenshots, uncover and track IP addresses, and utilize both internal and external resources to ensure effective prosecution under Florida Statutes, as well as any statutes relative to the location of the individual perpetrating such activities. If any individual enables a third party to do the same, they may be prosecuted severally and jointly as responsible for the activities of the same as determined by courts in Pinellas County, the State of Florida, or another court of competent jurisdiction at the sole discretion of TSSM.
As in any other system, should you be of the opinion that the suspension and/or termination of your account was in error there are two paths available to you:
1) You can appeal to our internal Member Board of Review; a board that regularly reviews policies, procedures and actions taken by the Company regarding use of its site(s), products and services.
2) You can apply for arbitration in Pinellas County, Florida. The costs for arbitration are carried by the prevailing party provided in an amount not to exceed $2,500.00.
Additionally, should you choose to terminate your account of your own accord, we would appreciate feedback so that we can manage our continuous process of improvements to make our site(s) a better overall user interactive experience.
· Reiteration of Governing Law and the Courts
Unfortunately, the TSSM recognizes that not every Member may be satisfied with the outcome of a dispute regarding their use of the site and/or their personal experience for the same. Any dispute that arises as to any site(s), or the use of any of our Products and/or Services are to be handled exclusively in the domain of Pinellas County, Florida. Regardless of the conflict of any statutes that may exist between your applicable local law and the laws of the State of Florida, jurisdiction is hereby defined.
You hereby acknowledge, waive, and accept that jurisdiction is settled and shall not be otherwise contested. You hereby indemnify and hold harmless the Company against any errant action that engages in a dispute in a court outside of Pinellas County, Florida.
For questions about this TOS statement, or for any other matter you wish to inquire upon, please visit our contact page, for which a link is located at the bottom of each page.
13.0 About these terms
It is an established fact of both Common Law as expressed in Florida State Statutes and the United States Code that there are certain rights that cannot be limited by a contract such as the foregoing TOS. There is neither intent, nor design, created in this TOS statement to restrict any natural rights, nor any Constitutionally guaranteed rights.
You cannot bind any other person or organization to this TOS statement if you are not authorized to do so. Nor does this TOS create any legal rights for other people or organizations, even if others may benefit from your usage of our site(s) under these terms.
The foregoing TOS statement describes the relationship between TSSM and you, and there are no other agreements, oral or written, that supercede the most recent TOS noted on the site(s) at the time any dispute may occur.
If a particular term is not valid or enforceable, that term shall be considered severed from this contract and will not affect any other terms or conditions.
Should you fail to adhere to either the spirit or terms of our additional site(s)-specific term(s), and should we fail to immediately take action, such failure does not constitute a waiver of any rights that we may have under this TOS, or any additional site(s)-specific service terms, including but not limited to taking action in the future.
We may update these terms and service-specific additional terms (1) for legal, regulatory, statutory, personal security, or site security reasons, (2) to reflect changes in how our services work or changes to how we conduct business — such as when we add new benefits, features, pricing, services, and/or technologies, (or remove old ones), or (3) in order to prevent active abuse or to prevent physical and/or psychological harms.
Should we materially change these terms we will provide reasonable advanced notice in our sole discretion, and the offer you the chance to review the changes, except (1) in urgent and/or exigent situations requiring immediate attention, or (2) when we launch a new feature, service and or site, which includes but is not limited to such instance as preventing ongoing abuse or responding to legal requirements.
If you do not agree to the new terms, you should remove your content and stop using our site(s), product(s) and service(s). In your sole discretion, you may elect to close your relationship with TSSM at any time by deleting your account and/or by sending us a notice to the same effect.
14.0 Updating Our Terms of Service
We tirelessly work behind the scenes to continuously improve our services and develop new features for our Site(s), Services and Products to enhance the overall user interactive experience for you and our community at large.
Consequently, we may need to update these Terms of Service accordingly to accurately reflect our revised and updated site(s), practices, products, and services.
Unless otherwise required by governing law or overriding Federal statute, we will notify you as quickly as possible before we make changes to these Terms. Thus, we will give you a chance to review these changes before they go into effect. Once any updated TOS for our site(s), Products and Services are in effect, you will be bound by them if you continue to use our Products.
We sincerely appreciate your contribution to the quality of the user interactive experience on our site(s). We express our earnest hope that you will continue using our Products and our Services. But, if you do not agree to TSSM revised & updated TOS, and should you no longer desire to continue being one of the best parts of our online community, in your sole discretion you may certainly delete your account at any time.
Date of Last Revision: 22 January 2021