Terms & Conditions
You (hereinafter referred to as “You” or “User”) desire to utilize the services offered by TinyWow, LLC, a Tennessee limited liability company d/b/a TinyWow (“TinyWow”) at tinywow.com (the “Site”), and in consideration of said usage and by using the Site, you agree to be bound by the following terms and conditions
TinyWow Services Provided
TinyWow is a cost-free, ad-free, privacy conscious Site that allows Users to upload files on to the Site server for processing and converting PDF documents and providing other helpful tools related thereto and as set forth on this Site (collectively referred to as the “Services”). By utilizing this Site and the Services offered thereon, you hereby agree to all terms and conditions set forth herein and assume all liabilities and requirements related thereto. The Site does not currently require any registration or fees for usage, and therefore, your usage alone is an express acknowledgement and agreement to all terms and conditions herein.
- (a) Uploading, converting or otherwise utilizing the Site and/or Services in relation to content that (i) infringes any intellectual property or other proprietary rights of any party or third party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail, “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of TinyWow, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose TinyWow or its users to any harm or liability of any type;
- (b) Taking any action that disrupts or interferes with the Site, Service, or servers or networks connected to the Services, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service; or
- (c) Taking any action that violates any applicable local, state, national or international law, or any regulations having the force of law;
- (d) Taking any action that harvests or collects information of other users from the Site and/or Services, if applicable, by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- (e) Uploading or utilizing content that furthers or promotes any criminal activity or enterprise or provide instructional information about illegal activities; or
- (f) Taking action to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site or Services.
Users are solely responsible for all content uploaded to the Site or utilized via the Services. TinyWow reserves the absolute right, in TinyWow’s sole and absolute discretion to take appropriate action to remove or otherwise limit your usage of the Site and Services if you take action(s) that TinyWow deems to violate any law, regulation, contract, or terms and conditions herein. Users hereby agree not to use the Site and/or Services in any unlawful or improper manner, in TinyWow’s sole and absolute discretion, including but not limited to the following:
The Site and Services are for your personal or business use. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or Site, or access to the Services or Site.
Currently there are no fees associated or assessed for utilizing the Site or the Services. Notwithstanding the foregoing, TinyWow reserves the absolute right to begin charging for such fees and services at any time for any reason.
Intellectual Property Rights
Service Content, Software and Trademarks. You acknowledge and agree that the Site and Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TinyWow, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith is the property of TinyWow, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TinyWow.
Third Party Material. Under no circumstances will TinyWow be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TinyWow does not have any duty to pre-screen content, but that TinyWow and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, TinyWow and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by TinyWow, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Some content available via the Services may include explicit language or images, which may not be appropriate for all audiences, and you acknowledge and agree that you use the Services at your own risk.
User Content Transmitted Through the Service. With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. TinyWow is not responsible for any modifications or changes you make to the User Content. You acknowledge that TinyWow is not assuming any ownership or association with or to any of the User Content and that TinyWow is simply a platform service for uploading and otherwise modifying said User Content, rights in which User hereby grants TinyWow a limited non-exclusive license thereto.
Analysis and Retention of User Content
TinyWow does not analyze any User Content uploaded through the Site and bears no responsibility associated therewith. You hereby bear all responsibility for the uploading and use of your User Content. TinyWow makes all reasonable efforts to delete all User Content uploaded to the Site or through the Services fifteen (15) minutes after the processing of that User Content is complete. You hereby acknowledge this deletion and release TinyWow from any and all claims related thereto. In addition, in the event TinyWow is for any reason unable to delete the User Content within fifteen (15) minutes, you hereby release TinyWow from any and all claims or damages related thereto as well. You upload all User Content at your own risk and agree that TinyWow assumes no liability in relation with said User Content being present on the Site, including the potential access of other third parties and/or other Users to said User Content. TinyWow does not retain or collect and personally identifiable information from the User Content uploaded to the Site, and, therefore, TinyWow makes no claims or representations as to the security and privacy of User Content uploaded to the Site. TinyWow may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, applicable laws or government requests, enforce these Terms of Service, respond to claims that any content violates the rights of third parties; or protect the rights, property, or personal safety of TinyWow, its users and the public.
As part of the Services, the Site allows for Users to utilize an electronic signature function. Users hereby acknowledge that User Content that contains electronic signatures is neither maintained nor stored by TinyWow beyond the fifteen (15) minute period set forth in Section 6. Once an electronic signature is completed, the User bears the sole and absolute responsibility for keeping and safeguarding said User Content from that point forward and releases TinyWow from any and all responsibility related thereto. User hereby further releases TinyWow from any and all liability in the event that an electronic signature created through the Site or Services is deemed invalid for any reason or no reason, and User agrees that User is utilizing the electronic signature function of the Services at User’s own risk and without any representation or warranty as to the enforceability thereof.
Indemnity and Release
You agree to release, indemnify and hold TinyWow, its officers, employees, directors, and agents and TinyWow affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site and/or Services, any User Content, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TINYWOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TINYWOW MAKES NO WARRANTY THAT (i) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TINYWOW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TINYWOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (Iv) ANY OTHER MATTER RELATING YOUR USAGE OF THE SITE AND/OR SERVICES.
Governing Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflicts of law provisions. You hereby submit, as evidenced by utilizing the Site and Services, to the exclusive jurisdiction of the courts of Davidson County, Tennessee, for purposes of any and all litigation arising out of or relating to the User’s usage of the Site and/or Services. You hereby waive any objections to the forum of Tennessee for lack of venue, forum non conveniens, or any other jurisdictional ground. If legal action is taken by TinyWow to enforce its rights under this Agreement, all costs and expenses incurred by TinyWow, including reasonable attorney fees and court costs, will be paid by the other party.
Should any provision in these terms and conditions be invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. TinyWow reserves the right to make changes, amendments and additions to these Terms at any time and all changes, amendments and additions so made shall be binding on User upon further usage of the Site after posting of the new terms and conditions.
THE USER HAS HAD THE OPPORTUNITY TO READ AND REVIEW THESE TERMS AND CONDITIONS AND, BY UTILIZING THE SITE AND/OR SERVICES, HEREBY AGREES TO THE TERMS SET OUT HEREIN FREELY, VOLUNTARILY, AND WITHOUT COERCION.