Effective Date: December 10, 2024
Thank you for visiting Tailstoy! We are happy to provide you with our content and services, and appreciate your patronage. Before you use our website or services, we recommend that you read these Terms of Service so that you understand what to expect when you access and use our various assets.
Please read these Terms of Service (“Agreement”) carefully. This Agreement is a legal contract between you (“User”) and Tailstoy (doing business as “Tailstoy”) (“I” or “We”).
By accessing or using any website with an authorized link to this Agreement (each, a “Site”), accessing or using any application with an authorized link to this Agreement (an “Application” and, together with the Site, the “Properties”), registering for an Account, or accessing or using any content, information, services, features or resources available or enabled through the Properties (collectively, the “Services”), or clicking a button or taking other action indicating your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and supplements to this Agreement posted through the Services; (2) represent that you are of legal age to form a binding contract in the jurisdiction in which you reside; and (3) represent that you have the authority to enter into this Agreement in person and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you are using the Services. Unless otherwise specified in this Agreement, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms and policies that we post separately on the Services (“Supplemental Terms”), which are incorporated into this Agreement by reference. By using such third-party features and tools, you agree that your relationship with the third-party service provider will be governed by the applicable third-party terms.
Tailstoy reserves the right to modify this Agreement or its policies related to the Services at any time, effective upon posting an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should review this Agreement periodically. Your continued use of the Services after any such changes constitutes your agreement to such changes.
1. Registration; Other Services
1.1 Registration Data. When applying for or registering for an account for any of the Services, including but not limited to subscriptions to or access to magazines or other subscriptions (an “Account”), you agree to provide accurate, current and complete information (the “Registration Data”) and to promptly update your Registration Data if it changes, including but not limited to name changes, credit, debit or payment account information, email address or postal address (as necessary). You agree that you may not register for an Account if you are prohibited or suspended from using the Services under any applicable law or from Company. You further agree that you will not maintain multiple accounts for the same Company Service at any time. You will be responsible for all activities that occur under your account. You agree not to share your account or password with anyone. You further agree that you will immediately notify Company of any unauthorized use of your password or any other breach of security of your account.
1.2 Subscriptions. If you subscribe to a Tailstoy publication or other service that requires recurring fees, you agree to provide and keep current all payment account and contact information for that subscription so that we can continue to deliver and bill you for your subscription without interruption. If we are unable to charge your selected payment method, you understand and agree that we may attempt to update your account information with your issuing bank and credit card association network. Subscriptions purchased through the Services will be subject to the terms of the subscription offer at the time of registration, which are incorporated into this Agreement by reference unless otherwise stated.
1.3 Lead Generation. Certain portions of the Services may allow you to contact third-party vendors and others for specific services. By providing contact information in connection with these services, you understand and expressly consent to these third parties contacting you using the contact information you provide, and we are not responsible for any products, work estimates, or services provided by these third parties.
1.4 Account Deletion. Tailstoy reserves the right to delete or reclaim any username at any time and for any reason. You agree that you have no ownership or other property interest in your account and that all rights in your account are owned by Tailstoy.
1.5 Tailstoy’s Privacy Policy. Our information collection and use policies regarding the privacy of registration data and any other data you provide or collected by Tailstoy are set forth in Tailstoy’s Privacy Policy, which is incorporated into this Agreement by reference.
2. User Content
2.1 Content Responsibility. You understand, acknowledge and agree that all user-generated content (i.e., non-Tailstoy content) posted, displayed or performed on or through the Service is the sole responsibility of the party from whom the content originated. This means that each user is solely responsible for all content that he or she provides through the Service or otherwise provides to Tailstoy (whether online or offline and whether or not solicited by Tailstoy) (“User Content”). User Content shall include any ideas, suggestions, documents and/or proposals you submit to Tailstoy. Tailstoy has no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other users at your own risk. Without limiting the foregoing, Tailstoy reserves the right to pre-screen, review, refuse or remove any Content in its sole discretion, but has no obligation to do so. Tailstoy has the right to remove any Content that violates this Agreement or that Tailstoy deems objectionable. Tailstoy reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or materials (in whole or in part) that Tailstoy, in its sole discretion, considers to be objectionable or in violation of this Agreement, Tailstoy policies or applicable law.
2.2 Ownership of Your Content. Tailstoy does not claim ownership of any user content (“Your Content”) that you provide on the Service. However, when you, as a user, post or publish Your Content on or in the Service, you represent that you have all necessary rights to grant Tailstoy the license set forth in Section 2.3. Other than Your Content, you agree that you have no right or ownership in any other content that appears on or in the Service.
2.3 License to Your Content. Subject to any applicable account settings you select or to any license agreement you may be asked to agree to when you post or submit your Content on or through the Services, you grant Tailstoy, its agents and suppliers, and any other person authorized by Tailstoy, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, display, publicly perform, transmit, modify, publish, distribute, create derivative works from, sublicense, and otherwise exploit and use your Content (in whole or in part) commercially and non-commercially for any purpose in any manner or through any media now known or hereafter developed (including print and electronic storage). The foregoing grant includes the right to exploit any proprietary rights in your Content, including, without limitation, copyright, trademark, trade secret, patent or other intellectual property laws existing under any relevant jurisdiction, and to waive any “moral rights” in your Content. In exercising these rights, you grant Tailstoy and anyone authorized by it the right to identify you as the author of your Content by name, email address or username in any manner that Tailstoy deems appropriate. You will not receive any compensation of any kind for the use of your Content. Please note that any Content you submit to any “public” area of the Services may be searchable, viewable, used, modified, and copied by other users. Therefore, you should be careful and cautious about disclosing personal information about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in any public area of the Service.
2.4 Ratings and Reviews. Ratings and reviews posted by users on the platform we provide are user content and do not represent the views of Tailstoy. To the maximum extent permitted by law, Tailstoy is not responsible for ratings and reviews or any claims for economic losses caused by such ratings and reviews. Because we hope that users maintain a high degree of integrity in the ratings and reviews posted through the Service, you agree that: (a) any ratings or reviews you post are based only on your actual first-hand experience with the relevant business, product or service; (b) you will not provide ratings or reviews for any business, product or service with which you have a competitive, ownership or other economic interest, employment relationship or any other affiliation; (c) you will not submit ratings or reviews in exchange for payment or other benefits from any person or entity; (d) your reviews will comply with the terms of this Agreement. If we determine in our sole discretion that any rating or review may reduce the integrity of the ratings and reviews, or otherwise violate the terms or spirit of this Agreement, we may exclude, prohibit or delete such user content at our sole discretion without prior notice.
2.5 Other restrictions on user behavior. You agree not to use the Service for any purpose prohibited by this Agreement or applicable law. You shall not (and shall not allow any third party to) (a) take any action or (b) make available on or through the Services any content that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive or profane; (iii) constitutes unauthorized or unsolicited advertising, spam or bulk email; (iv) involves commercial activities and/or sales, such as embedded links, contests, sweepstakes, barter, advertising or pyramid schemes, without Tailstoy’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Tailstoy, or misrepresents your affiliation with any other person or entity; or (vi) violates any other rules or regulations that we may post in connection with specific features of the Services. You are solely responsible for the content and consequences of any of your activities.
3. Ownership and License to Use Tailstoy APP
3.1 Use of APP. Except for User Content, Tailstoy and its suppliers own or are licensed to use the rights, title and interests necessary to use the Services. The Services are protected by copyright and other intellectual property laws around the world. Subject to this Agreement, Tailstoy grants you a limited license to use the Services for your personal, non-commercial use only. Any future release, update or other addition to the APP Services shall be subject to this Agreement. Tailstoy, its suppliers and service providers reserve all rights not granted by this Agreement.
3.2 Trademarks. The Tailstoy stylized name and other related trademarks, graphics, logos, service marks and trade names used on or in connection with the APP are trademarks of Tailstoy and may not be used in connection with any third-party product or service without permission. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You may not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary notice contained in or accompanying the Services.
3.3 Restrictions on APP Use. You agree not to do any of the above:
(a) You may not license, sell, rent, lease, transfer, assign, copy, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
(b) You may not frame or utilize framing techniques to enclose any Tailstoy trademark, logo or Services (including images, text, page layout or form);
(c) You may not use any meta tags or other “hidden text” utilizing Tailstoy’s name or trademarks;
(d) You may not modify, translate, adapt, merge, create derivative works or the Services, circumvent, decrypt, disassemble, decompile, reverse engineer or any portion of the Services, except to the extent that applicable law expressly prohibits the foregoing restrictions;
(e) You may not use any manual or automated software, device or other process (including, without limitation, spiders, robots, crawlers, scrapers, avatars, data mining tools, etc.) to “scrape,” gather or download data from any of the Platforms we offer (except that we grant the operators of public search engines a revocable license to use spiders to copy materials from the Site for the sole purpose and to the extent of creating publicly searchable indices of the materials, but not caches or archives of such materials);
(f) You may not use any data in the App to develop any software program (including but not limited to training machine learning or artificial intelligence (AI) systems);
(g) You may not access any platform we provide to build similar or competitive websites, applications or services;
(h) Except as expressly provided herein, you may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the App in any form or by any means;
(i) You may not remove or destroy any copyright notice or other proprietary mark contained in the Platform, or use the Service in violation of any third party intellectual property or other proprietary or legal right;
(j) You may not use the App in violation of any applicable law;
(k) You may not attempt to gain unauthorized access to other computer systems through the App;
(l) You may not interfere or attempt to interfere with the normal operation of the App or use the App in any manner not expressly permitted by this Agreement; and
(m) You may not attempt to damage our Services or use the APP in any manner that could interfere with any party’s use or enjoyment of the Services, including, without limitation, violating or attempting to violate any relevant security features, introducing viruses, worms or similar harmful code into the APP, or interfering or attempting to interfere with any other user, host or network’s use of the Services, including by means of overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the APP. Any unauthorized use of the Services will immediately terminate the license granted by Tailstoy under this Agreement.
4. Indemnification and Limitation of Liability
4.1 Indemnification. You agree to indemnify and hold Tailstoy harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) related to or arising from any claim that: (a) your Content infringes the rights of any third party, including intellectual property rights; (b) your misuse of the Service; (c) your breach of this Agreement; (d) your violation of any rights of another party, including any user; or (e) your violation of any applicable laws, rules or regulations. Tailstoy reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Tailstoy in asserting any available defenses.
4.2 Disclaimers and Conditions. You expressly understand and agree that, to the maximum extent permitted by applicable law, your use of the Service and any products provided through the Service is at your sole risk and that the Service and any products are provided on an “as is” and “as available” basis with all faults. To the maximum extent permitted by applicable law, Tailstoy expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to, any warranties regarding the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness or content of the Service or the information on the Service, and the implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement arising from the use of the Service and products. Tailstoy assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings. Tailstoy makes no warranty, representation or condition that: (A) the Service or any product will meet your requirements, or (B) your use of the Service will be uninterrupted, timely, secure or error-free. If you rely on any data or information obtained through our products or services, you do so at your own risk. You assume full responsibility for any damage or loss that results from the use of such data or information. When we provide products and services, please understand that Tailstoy and its users do not provide legal, medical, consulting or other professional services or advice. Our products and services are not a substitute for professional services or advice. Please seek the advice of professionals, as appropriate, when evaluating any specific information, opinion, advice or other content, including but not limited to financial, health or lifestyle information, opinion, advice or other content. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations may not apply to you, and you might have additional rights.
4.3 Disclaimer of Certain Damages. To the maximum extent permitted by applicable law, Tailstoy shall not be liable for any lost profits or revenues, indirect, incidental, punitive, exemplary, special or consequential damages, or damages or costs resulting from loss of data, production or use, business interruption, or procurement of substitute goods or services, whether or not Tailstoy has been advised of the possibility of such damages.
4.4 Cap on Liability. In no event shall Tailstoy’s total liability to you exceed the greater of (A) the total amount actually paid by you to Tailstoy during the twelve months prior to the act, omission or occurrence giving rise to the liability, or (B) one hundred dollars ($100). The foregoing cap on liability shall not apply to Tailstoy’s liability for (X) death, tangible property damage or personal injury caused by the gross negligence of a Tailstoy party or (Y) any harm caused by fraud or fraudulent misrepresentation by a Tailstoy party.
4.5 Basis of Trade. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Tailstoy and you with respect to your access to and use of the Services.
4.6 Survival. You agree that the provisions of these Terms will survive any termination of your account, this Agreement, or your access to the Services.
5. General.
5.1 Disclaimer. The information provided by Tailstoy through the Platforms is for informational purposes only and is provided “as is” and at the user’s own risk. Tailstoy does not guarantee the accuracy, quality or completeness of the information, and Tailstoy assumes no responsibility for any errors, omissions or inaccuracies in the information or any user’s reliance on the information. The user is solely responsible for verifying that the information is suitable for the user’s personal use.
5.2 Termination. Tailstoy may, in its sole discretion, modify, suspend, change or discontinue the Service, or modify, suspend, change or terminate your access to the Service, with or without reason, with or without notice to you, and without any liability to you or any third party. In addition to limiting, suspending or terminating your access to the Service for any reason or no reason, Tailstoy reserves the right to take appropriate legal action, including, without limitation, seeking civil, criminal or injunctive relief.
5.3 Procedure for Making Claims of Copyright Infringement. If you believe that content posted on the Service infringes your copyright, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Service; (4) your address, telephone number, and email address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. To contact our Copyright Agent for notice of claims of copyright infringement, please email [email protected]. Tailstoy has a policy of terminating, in appropriate circumstances, the Service privileges of all repeat infringers. Please note: The Copyright Agent is not responsible for, and will not respond to, requests for use/reprint permission or subscriber/customer service inquiries.
5.4 Electronic Communications. Communications between you and Tailstoy are conducted electronically, whether you visit the Services or send Tailstoy emails, or whether Tailstoy posts notices on the Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Tailstoy in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures and other communications and documents that Tailstoy provides to you electronically will have the same legal effect as if such communications or documents were in writing. The above sentence does not affect your statutory rights.
5.5 Governing Law and Exclusive Venue. This Agreement and any related proceedings shall be governed by and construed in accordance with the laws of the United States, without regard to any principles of conflict of laws or otherwise that would provide for the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
5.6 International Users. The Services are controlled and provided by Tailstoy from its facilities in the United States. Tailstoy makes no representation that the Services are appropriate or available for use in other locations. Users who access or use the Services from other countries do so on their own initiative and are responsible for compliance with local laws.
5.7 Entire Agreement. This Agreement is the final, complete and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Any waiver or failure to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or provision on any other occasion. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner that reflects as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. Tailstoy shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. You may not assign, subcontract, delegate or otherwise transfer this Agreement, and your rights and obligations hereunder, without Tailstoy’s prior written consent. Any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be void.
5.8 Questions, Complaints, Claims, Permissions. If you have any questions, complaints or claims regarding the Service, please contact our Customer Service Department using the contact information provided on the Service. We will do our best to resolve your issue. For requests for permission to use and/or reprint, please send an email to [email protected].
