Trendiki - Terms Of Use

Welcome to TRENDIKI™. TRENDIKI is operated by Trendiki, Inc. (otherwise referred to herein as "we" or "us"). By using the TRENDIKI service ("Service"), you accept and agree to be bound by these terms of use ("TOU"). We may add, delete, modify or otherwise amend this TOU at any time without notice by posting the amended TOU on the TRENDIKI website. Your continued use of the TRENDIKI service will constitute your acceptance of any amended TOU.

Registration

To access certain parts of the Service, you may be required to register with TRENDIKI and become a member of TRENDIKI. You are required to provide accurate and complete information with the responsibility to update your information. In the event we determine or have reasonable grounds to believe any of this information is false, inaccurate or incomplete, we may terminate or suspend your access to the Service. Once you have registered, you will select a username and password to access your account with TRENDIKI. You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities occurring under your username and password.

Privacy

We take your privacy very seriously and our collection and use of certain information is governed by our privacy policy.

Usage

Unless otherwise agreed upon in writing between you and us, the Service is provided for your personal, non-commercial use only. You are solely responsible for your use of the Service and any information, text, photos, graphics, profiles, links and other content ("Content") that you submit, post or display on the Service. You agree to comply with all applicable domestic and international laws, regulations and statutes regarding your use of the Service. We may, but have no obligation to, monitor members' usage of the Service.

Prohibited Uses

You agree that you will not:

Use any means to copy or monitor any content on the Service,
Interfere with the proper operation of the Service, including but not limited to reformatting the Service or framing the TRENDIKI website;
Copy, modify, distribute, sell or exploit the Service for any commercial purposes without our written agreement;
Attempt to acquire access to unauthorized areas of the Service, other peoples' accounts and/or the computer systems or networks related to the Service; or
Reverse-engineer, modify, adapt any part of the Service.
You further agree you will not use the Service for:
Impersonating or creating a false or misleading identity of any person for any purpose;
Violating any local, state, federal or international laws;
Harassing, defaming, abusing, threatening or otherwise violating the rights of people;
Collecting or storing data about other people, including their email addresses.
Publishing, displaying or distributing any harmful, unlawful, libelous, profane, obscene, defamatory, inappropriate, hateful or otherwise objectionable Content or information;
Distributing or promoting any unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes or any other form of solicitation;
Interfering with other users' or members' use of the Service;
Publishing, displaying or distributing any Content or material that infringes the intellectual or proprietary rights of any party or violates any intellectual property law or any other applicable law;
Publishing, displaying or distributing any Content or material of any third party without such third party's prior authorization; or
Posting or uploading any material that contains or links to any website that contains viruses, worms or any other malicious computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware;

Age

You may not use or register to use the Service if you are under the age of 13. By using or registering for the Service, you represent that you are at least 13 years old.

Licenses and Proprietary Rights

Trendiki, Inc. owns and retains all rights to the TRENDIKI website and the Service, which contain proprietary information, technology, confidential information and other intellectual property ("IP") that is protected by applicable laws including those governing patents, copyrights, trademarks and trade secrets. Such IP may be found in various forms including processes, software, design, graphics, photographs and/or text. You have no right to copy, publish, transmit, distribute, perform, display, rent, lease, sublicense, assign, loan, sell or otherwise transfer any of our IP unless as otherwise specified herein. You agree to use your best efforts to prevent and protect the contents of the Service from unauthorized use or distribution. TRENDIKI and the TRENDIKI logo are trademarks of Trendiki, Inc. You agree to grant us a perpetual, non-exclusive, transferable, royalty-free, irrevocable right to distribute, display, copy, modify and create derivative works of any Content that you submit, post or display on the Service.

Termination

You can terminate your account and discontinue your use of the Service at any time. You agree that cancellation of your membership is your sole right and remedy with any respect to any dispute you may have with us. We may, in our sole discretion, discontinue providing the Service, or any part thereof, with or without notice. We have the right to terminate, cancel and/or deactivate your account and use of the Service at any time without notice. Cancellation of your membership will result in the removal of your account and any pages that you may have created. You agree that we will not be liable in any way for any termination, cancellation or deactivation of your account and/or use of the Service. Our rights with respect to our proprietary rights and IP, disclaimer of warranties, indemnities, limitations of liability and the miscellaneous provisions shall survive any termination.

Third Party Content

The Service may provide links to third party websites, which we provide as a service to you. However, we have no control over these websites and are thus not responsible or liable for their content, goods or services available on their websites. We will not be responsible or liable for any damage or loss incurred by or in connection with the use of any content, goods or services available through such third party websites.

If you are a copyright owner and believe your work has been infringed by display on our website, then in accordance with the DMCA, please contact us and provide the following information: signature of a person authorized to act on behalf of the copyright owner, a description of the copyrighted work that has been allegedly infringed, the TRENDIKI website URL and location on such URL of where the content resides, a written statement that you have a good faith belief that the infringing use is not authorized by the copyright owner and your email address, phone number and physical address. Please also include a written statement, stating that it is made under the penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Disclaimer of Warranty

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, TEXT,GRAPHICS, HYPERLINKS OR ANY INFORMATION OR CONTENT OBTAINED, ACCESSED OR DISPLAYED ON THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT RELATED TO THE SERVICE. WE FURTHER DISCLAIM ANY AND ALL RESPONSIBILITY FOR THE ACCURACY, CONTENT, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT DISPLAYED ON THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE. WE FURTHER DISCLAIM THAT YOUR USE OF AND THE INFORMATION AND DATA MADE AVAILABLE THROUGH THE SERVICE WILL BE ACCURATE, CORRECT, TIMELY OR OTHERWISE RELIABLE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; AND THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY. THIS WARRANTY PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS THAT VARY BY JURISDICTION.

Indemnity

You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, investors, officers, employees, managers, members and agents, harmless from any claim or demand made by any third party due to or arising out of your use of the Service, the Content you have posted, added or submitted, your violation of the rights of any third party, or violations of this TOU, and any resulting or related liability, judgment(s), damages and/or expenses (including attorneys' fees) of every kind and nature.

Limitation of Liability

WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS TOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN KINDS OF DAMAGES SO THE FOREGOING LIMITATIONS MAY NOT APPLY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, FOR ANYTHING ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR INFRINGEMENT CLAIMS), FOR ANY AMOUNT EXCEEDING FIVE HUNDRED DOLLARS ($500).

Miscellaneous

We may provide you notices regarding the Service or this TOU via email or via postings and/or updates to the TRENDIKI website. All headings are for convenience only and shall not be construed to have any meaning in and of themselves. This TOU shall be governed by the laws of the State of California , without regard to its conflict of laws provisions. You agree to submit to the jurisdiction of the state and federal courts located in Santa Clara County , California . This TOU constitutes the entire agreement between you and us with regards to your use of the Service and may not be amended without our written consent. You will not assign this TOU or any rights or delegate any obligations hereunder without our prior written consent. Any assignment without our consent shall be considered void and of no force or effect. In the even any terms in this TOU are found to be unenforceable, the specific unenforceable terms shall be severed from the rest of the TOU, which shall continue in full force and effect. The failure by us to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. Any demand, claim or cause of action arising out of or related to the use of the Service or this TOU must be filed within one (1) year after the event giving rise to the demand, claim or cause of action arose or be forever barred. This TOU constitutes the entire understanding and agreement between you and us with respect to the subject matter hereof and shall supersede any prior or present understandings or agreements regarding such subject matter, whether in writing or orally made.

I looked at your copyright notice in your terms of use. You are missing a legally required statement. You need to provide a working e-mail AND physical address for people to contact you about copyright issues. I'd suggest the following be added:

The designated copyright agent for Trendiki, Inc. is:
Trendiki, Inc.
Attn: DMCA Compliance Officer
39899 Balentine Drive, Suite 200, Newark, CA 94560
Telephone: 510.438.6890
Fax: 510.438.6808
e-mail: copyright@trendiki.com