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These terms and conditions ("Agreement") shall be between Company 52 LLC, a Limited Liability Company registered in the state of Alabama in the United States of America ("Company 52"), and you, the customer ("You".) The term "Company 52" may also apply to any partner of Company 52 or any third party authorised by Company 52 as a representative, unless this Agreement explicitly states otherwise. This Agreement constitutes a complete and exclusive contract between Company 52 and You, and supersedes all previous agreements made. You accept that Company 52 reserves the right to make any reasonable modification to this Agreement, and you agree to be bound by any changes made thereto. By visiting and/or registering on the TinyGrab website (the "website"), downloading the software created by Company 52 and designated as TinyGrab, including any applications for the iPhone ("TinyGrab"), or purchasing a TinyGrab account (an "Account"), you recognise that you have read, understood and agree to be bound by this Agreement.
Any communication from You to Company 52, including, but not limited to, communication concerning account cancellation, dissatisfaction with TinyGrab, removal of illegal or unacceptable images, legal challenges pertinent to this Agreement, and data protection requests; must be made via electronic mail or post only. Electronic mail must be sent to firstname.lastname@example.org; post to the following address:
Company 52, LLC (TinyGrab),
PO Box 530,
Leeds, AL 35094
General comments are welcomed to the postal or electronic mail addresses above or by using our Help Centre. Requests for help may, at Company 52's discretion, also be accepted at http://help.tinygrab.com.
If You download TinyGrab, you have the privilege to upload images to servers provided by Company 52 through the legal use of TinyGrab. TinyGrab software may not be used in any way other than that designated by Company 52 and You accept that use of TinyGrab in such a manner constitutes a breach of this Agreement.
If You have an Account purchased before 28th October 2010 (a "Premium Account")you are also entitled to remove and organise Your images, access Your TinyGrab control panel, have unlimited access to uploading images, subject to Company 52's server capabilities and bandwidth limits and upload to your own File Transfer Protocol ("FTP") server.
If You have an Account purchased after 28th October 2010, you have either a Basic Account or a Pro Account. If you have purchased a Basic Account, you are also entitled to remove and organise Your images, access a basic version of Your TinyGrab control panel, have unlimited access to uploading images, subject to Company 52's server capabilities and bandwith limits, and upload to your own FTP server. If you have purchased a Pro Account, you have the same entitlements as a Basic Account holder, with the privilege of additional social extensions, tools and sharing capabilities, to be determined at Company 52's discretion, and the ability to disable advertising.
If You purchase an application to use TinyGrab on an iPhone (the "iPhone app"), you are entitled to use the iPhone app in accordance with this Agreement to utilise TinyGrab.
References in this Agreement to an Account refer to Premium Accounts, Basic Accounts, Pro Accounts and any purchase of the iPhone app, unless otherwise stated or implied.
You accept that Company 52 provides no warranty for an unlimited number of images to be uploaded, and that Company 52 reserves the right to limit or restrict the number of images You may upload if it is deemed excessive.
TinyGrab may not be used to upload images that are illegal or morally objectionable, including, but not limited to:
You agree that use of TinyGrab to upload such images is a breach of this Agreement. Furthermore, you accept that you will not use TinyGrab or the website:
Any image uploaded to servers managed by Company 52 by Your legal use of TinyGrab will remain Your copyrighted property. As such, where any legal dispute arises as a result of any image uploaded by You using TinyGrab, You agree that Company 52 will not be liable for any copyright or other legal claim and full culpability will be held with You. Company 52 reserves the right – but is under no obligation, even on request – to remove any image uploaded using TinyGrab at any time, and will use this right upon being notified of any potential legal dispute. Any further attempts by You to upload images where You have been informed, by Company 52 or otherwise, that the image is subject to a potential legal dispute, shall be deemed to be a breach of this Agreement. Furthermore, if you believe that any image uploaded using TinyGrab is in breach of the terms of this Agreement, you must notify Company 52, as outlined in Paragraph 2.
By downloading TinyGrab software from Company 52 Productions, Company 52 grants you an exclusive, non-transferrable licence to use TinyGrab in accordance with this Agreement. You may not alter or modify, create derivative software from, decompile the code of, or create plug-ins that use, TinyGrab software. You accept that TinyGrab is, and remains, the property and copyright of Company 52. All rights are reserved by Company 52 with respect to the software. Company 52 provides no guarantee or warranty as to the fitness of this software, save that expressly stated in this Agreement. Company 52 reserves the right to restrict You from linking to the website, or any other website maintained by Company 52, and where we inform you of such a restriction, failure to remove any such links constitutes a breach of this Agreement.
Company 52 may, from time to time, permit You to download and use software that is not publicly available; that is, it is not available for download from the website ("beta software.") Where You are granted this privilege, You accept that any beta software is provided as-is, and Company 52 accepts no liability for the reliability or security of any such software. Furthermore, You accept that You may not disclose any details of any beta software to any person, including the publishing of information about any beta software through any medium, including the Internet, without Company 52' written permission. Where You breach this paragraph, You accept that Company 52 reserves the right to terminate any privileges You have with respect to TinyGrab, and seek the maximum remedy as provided by law. Any references to TinyGrab in this Agreement refer also to beta software, unless otherwise stated.
All payments made by You to Company 52 will be through the TinyGrab website. No other forms of payment will be permitted, except with Company 52's permission. Company 52 has no responsibility to remind you to renew your Account, and You accept that liability for this remains with You. Where your Account is terminated before the date two (2) months after any payment is made, the method of termination determines any refund due. Half of Your most recent payment will be refunded where we terminate your Account where no breach of this Agreement has taken place by You, or where Company 52 decides to discontinue TinyGrab and deactivates any software to which You have a licence. No refund will be due where You terminate your Account where no breach of this Agreement has taken place, where Company 52 terminates your Account following breach of this Agreement by You, or in any other circumstances not expressly previously described. This does not affect your statutory rights, or any rights bestowed by any company through which payment is taken, where Company 52 limits its liability to the minimum required by law or contract.
All charges for TinyGrab products and services are levied in pounds sterling (GBP.) Company 52 reserves the right to display prices in currencies other than GBP, and You accept that prices in any other currency are estimated, and subject to exchange rate variation. Any price, regardless of currency, is not guaranteed until the transaction has been completed, and You waive any claim resulting from discrepancy between estimated and actual charges made by Company 52. Furthermore, where transaction fees or taxes not levied by Company 52 result from any purchase by You from Company 52, you accept that liability to pay such fees or taxes remains with You, and to waive all liability from Company 52 for such charges or fees.
You accept that any data provided to Company 52 is, to the best of your knowledge, correct and up-to-date. If any personal data requires updating, You agree that You will inform Company 52 of this, and accept that failure to do so, or provision of incorrect data, constitutes a breach of this Agreement.
Company 52 will protect any information given by You, and will not use data in any manner where this is not necessary or legal. Your data will not be shared to any third party not associated with TinyGrab unless Company 52 is required to do so by law, including requests by subpoena. Company 52 abides by the Data Protection Act 1998 ("the Act"), and You reserve Your legal rights contained within the Act, including the right to request data held about You and the right to request that Your data be removed. However, requesting that Company 52 remove Your data will be deemed as cancellation of any Account held by You, and no refund will be due to You by Company 52. If You cancel Your Account, Company 52 will not remove Your data unless this is specifically requested, though it will only be used where Company 52 deems this necessary. You must not share any passwords used by You in association with TinyGrab, and may not permit any other person to use any copy of TinyGrab licensed to You.
Company 52 shall not be liable to You or any third party, nor shall Company 52 pay any damages, for any claim, be it pertinent to tort, contract, breach of this agreement (save to the maximum of any amount paid by You for any Account held at the time of the claim), or criminal. This includes claims by You or a third party for: loss of data, loss of business, loss of reputation, or loss of revenue, as a result of the use of TinyGrab. Company 52 also excludes all representations and warranties (whether express or implied), including warranties on the satisfaction of its products, security, and accuracy. Nothing in these terms limit or exclude Company 52's liability for death or personal injury as a result of Company 52' negligence, or where a claim arises from a country whose laws do not provide for such limitations or exclusions, where Company 52 limits its liability to the maximum permitted by law.
Company 52 will not be liable for any failure to perform an obligation in this Agreement where this failure was the result of a serious event outside of Company 52's control, including, but not limited to: acts of God (including fire, flood, or natural disaster), war in any respect, invasion or acts of hostility, riot, revolution, terrorism, industrial action, interruption to telephone, water, electric or other utility services, or military action. Where no such force majeure exists, Company 52 aims to maintain a 99% server uptime whilst operational; however, Company 52 provides no warranty for this and You accept that Company 52 is not liable if this uptime rate is not maintained.
You accept that where you have no Account, Company 52 reserves the right to remove your licence to use TinyGrab at any time, and further use of TinyGrab constitutes a breach of this Agreement. Company 52 may, from time to time, issue you with an Account without charge to You. Where this occurs, you accept that Company 52 reserves the right to remove this Account at any time. You will remain bound by this Agreement even if your licence is removed or you uninstall TinyGrab.
Where you have an Account with Company 52, you may terminate this at any time by contacting Company 52, in accordance with Paragraph 2. If you believe that Company 52 has breached this Agreement, and this is your reason for cancellation, You must contact us within five (5) days of Your cancellation to organise possible refunds, after which time no refund will be given. Company 52 may terminate Your Account where Company 52 believes You are in breach of this Agreement. If You dispute any alleged breach, You must contact Company 52 within five (5) days of the cancellation of Your account. If it is subsequently decided that You have not breached this Agreement, your Account will be reinstated. Company 52 may also terminate Your Account if it is decided that TinyGrab will cease to operate.
Company 52 shall be entitled to the maximum remedy as provided by law in a situation where this Agreement has been breached, and where the parties cannot reach resolution by any alternative means. Company 52 shall be entitled to compensatory damages where You have acted in violation of this Agreement, and You accept that we retain the right to seek such damages.
This contract shall apply only to the parties outlined in this Agreement hereto, and the Contracts (Rights of Third Parties) Act 1999 shall not therein apply. It shall not bestow any responsibility on any third party, and no party shall interpret it thus.
No provision of this contract may be waived, and no breach deemed acceptable, unless a waiver thereto has been constructed, and both parties have, by signature, consented to such a waiver. Furthermore, any waiver shall apply solely to the explicit provision waived, or breach excused, and shall not constitute further waivers of this contract.
Where any provision of this contract is, by law or otherwise, deemed unlawful, it shall be null and void, though the remainder of the contract shall, if lawful, continue to apply, and be binding upon both parties. The parties may, in such circumstances or otherwise, amend this contract, where both parties consent by signature, with no effect on this contract's legal status.
Both parties consent to the terms of this contract, and agree that there exists no reason, to their knowledge, why either they or the other party shall lack capacity to act as signatory to this contract. Both parties agree that if either party is ineligible to act as signatory to this contract, the contract may not be binding on the ineligible party's part.
This contract is governed by English law, and all parties agree that its terms are subject to the exclusive jurisdiction of the English courts. You agree that any legal case arising from this contract will be held in England at a court of Company 52's choice, unless the law deems otherwise.