Tinotopia User Agreement
Tino. Tino is, as far as you are concerned, the entity that produces and operates this website.
Agreement. By using this website (“Tinotopia”, “the Site”), Tino rather presumptuously declares that you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use this site and you should leave the site immediately. Further, you should immediately forget anything that you may have learned here. Tino, the owner of Tinotopia, reserves the right to change the terms of this Agreement at any time, at his sole and complete discretion. If you continue to use this site following changes to the User Agreement you will be bound by the changes made whether you have even seen them. Our legal system is such that people actually believe that writing such a thing in an agreement like this makes it at all enforceable. Huh. So, please check this User Agreement periodically for any changes that may have been made.
Trademarks. The names, logos, slogans, and taglines identifying products and services provided by Tino, including but not limited to “Tinotopia”, the Slanty T device, “The Tino Portal”, “Tino: It’s What’s For Dinner”, “Tinoriffic!”, “All Your Tino Are Belong To Us”, including the look and feel of the Site, are either trademarks or registered trademarks of Tino, or of his subsidiaries or affiliates. Any use of Tino’s trademarks is STRICTLY PROHIBITED without express written permission from Tino. And you know we are serious because ‘strictly prohibited’ above is in all capital letters. The names of other companies, products and services referenced herein may be trademarks of their respective owners. Use of these trademarks for descriptive purposes by Tino does not necessarily imply any endorsement by or of, or connection with, the holders of those trademarks, who are probably all jerks.
Copyright and Licenses. All materials contained on this website are copyright Tino. This even applies to materials that have been swiped from other people and posted here, inasmuch as the unique juxtaposition of them with other Tino content creates a new derivative work. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Tino a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to Tino, by all means and in any media now known or hereafter developed. You also grant to Tino the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Tino for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Tino.
You may not frame any of the content of Tinotopia, or incorporate into another website or service any intellectual property of Tino, except as provided below.
Since Tino is both pragmatic and magnanimous, Tino grants to you a non-exclusive license to link to any page on the Site. Tino also grants you a non-exclusive license to to copy textual or graphic material from the site and display it on a website under your partial or total control (“your website”), provided that such use does not violate any of Tino’s trademarks, and provided that the material is accompanied by legible text reading “Stolen from Tinotopia”, with the word “Tinotopia” being a link to http://tinotopia.com. Tino further grants you a non-exclusive license to refer directly to graphic content hosted on Tinotopia, provided that such reference is accompanied by legible text reading “Bandwidth and content stolen from Tinotopia”, with the word “Tinotopia” being a link to http://tinotopia.com. If the content of your website is largely in a language other than English, the text accompanying content and/or bandwidth stolen from Tinotopia must appear in both English and a precise translation into the predominant language of your website’s content. By exercising such licenses, you agree to be solely responsible for any claims, damages, actions, or costs arising out of such licensed use, including but not limited to claims, damages, actions, or costs arising from Tino’s negligence. These licenses may be revoked at any time, without notice to you.
Your exercise of the license to link to, copy, or refer to any information on Tinotopia shall result in Tino being granted a perpetual, irrevocable license to link to, copy from, or refer to your website, regardless of any stipulations in your website’s terms-of-use agreement. You agree to indemnify Tino against any and all damages, actions, or claims arising from such reciprocal use, including damages, actions, or claims arising from your negligence.
If you believe that any of the content on the Site is used in contravention of a copyright held by you or a party you represent, please send particulars to Tino via e-mail.Disclaimer. While Tino has made every effort to maintain accurate information on this website, the information contained herein may contain errors or omissions. Tinotopia is for informational purposes only and is not meant to serve as medical advice or to replace consultation with your physician or mental health professional. TINO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE ACCURACY OR SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS,” AND WITH SPECIFIC DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT. TINO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE. IN NO EVENT SHALL TINO, HIS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE. Look, it’s all caps again. Must be serious. You are also prohibited from using this website in the operations of a nuclear power plant.
Links. Links to other websites do not imply an endorsement of the materials disseminated by publishers at those websites, not least because those materials on non-Tinotopia websites are almost certainly Fake News; nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. This even applies when the text of the site specifically indicates an endorsement; should this occur, this is an error, and the reader is referred to the disclaimer, above. Links to other websites are provided by Tino solely as a convenience to his users. Tino is not responsible for the materials contained at any website linked to or from this site.
E-mail. This website may provide you with links enabling you to send e-mail to Tino. You are authorized to use these links to send only e-mail of human origin to Tino. Sending bulk, commercial, pornographic, fraudulent, forged, or otherwise illegal or offensive e-mail, or harvesting Tino’s e-mail address(es) from this website for the purpose of sending any of those types of e-mail, is strictly prohibited.
Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be performed in Virginia. You agree that any legal action or proceeding between Tino and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Warren, Virginia. Any cause of action by you with respect to the website or the website’s content must be instituted within three (3) months after the cause of action arose of shall be forever waived and barred. Tino’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Tino may assign his rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of Tino. Tino wishes to caution you that these statements are only predictions and that the actual events or results may differ materially. Tino does not file documents from time to time with the Securities and Exchange Commission. These documents, were they filed, would contain and identify important factors that could cause the actual results to differ materially from those contained in Tino’s projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; dependence on the Amazon.com associate program and on the sales of T-shirts, rapid technological and market change, competition, risks associated with Internet infrastructure, volatility of stock price, limited protection of intellectual property, and future growth subject to risks.
