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TFP.me Terms and Conditions
TFP.me provides a collection of online resources, including these
classified ads subject to the following Terms of Use ("TOU"). By using
the Service in any way, you are agreeing to comply with this TOU as well
as any general site Terms of Service and Privacy and Copyright Policies.
In addition, when using particular TFP.me services, you agree to abide
by any applicable posted guidelines for all TFP.me services, which may
change from time to time. You agree that we may modify the terms of this
Agreement or the Privacy Policy, in our sole discretion, by posting
amended terms to this Web site. Your continued use of the service
indicates your acceptance of the amended Terms of Service Agreement.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with
TFP.me in any way, your only recourse is to immediately discontinue use
of TFP.me.
DESCRIPTION OF SERVICE
TFP.me provides a variety of free and paying online services
including but not limited to comprehensive indexing and search
services for public information otherwise available to any Internet
web browser.
REGISTRATION OBLIGATIONS
In order to use TFP.me's resources, you must obtain access to
the world wide web, pay any service fees associated with such access,
and supply all equipment necessary to make a connection with the World
Wide Web. By using any of TFP.me's services, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by the service's registration form, if used, and (b) maintain and
promptly update the registration data to keep it true, accurate, current
and complete. TFP.me has the right to suspend or terminate
your account if you violate the above or TFP.me has reason to
believe that you have violated the above.
AGE REQUIREMENT
TFP.me does not permit individuals under the age of 18 to
become members. Pursuant to 47 U.S.C. Section 230 (d) as amended, we
hereby notify you that parental control protections (such as computer
hardware, software, or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such protections is
available at the American Links Up web site, http://www.netparents.org.
TFP.me has neither the capability nor the responsibility to verify the
age of every member and relies on the truthfulness of each member to
honestly state their age. It is the responsibility of every member to
perform their due diligence with respect to all aspects of any business
arrangement made with another member. TFP.me cannot be held responsible
for any misrepresentations on the part of any member or is TFP.me
responsible for moderating disputes among members with respect to, but
not limited to the issue of age.
MEMBER PRIVACY
It is TFP.me's policy to respect the privacy of its members.
TFP.me will not monitor, edit, or disclose any personal
information about you or your TFP.me account, including its
contents, without your prior permission unless TFP.me has a
good faith belief that such action is necessary to 1) conform to legal
requirements or comply with legal process; 2) protect and defend the
rights of TFP.me; 3) enforce the terms of service; or 4) act
to protect the interest of its members or others. TFP.me does
provide certain user information in aggregate form to third parties,
including its advertisers, for demographics.
You agree that TFP.me may access your account, including its
contents, as stated above or to respond to service or technical issues.
For further privacy information, see our Privacy Policy.
MEMBER CONDUCT
You understand and are aware that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
(hereinafter "content"), whether publicly posted or privately
transmitted are the sole responsibility of the person from which such
content originated. This means that you, and not TFP.me, are
entirely responsible for all content that you upload, post, or otherwise
transmit via any of TFP.me's services. TFP.me does
not control the content posted on its services and therefore does not
guarantee its accuracy, integrity or quality. You understand that by
using the Service, you may be exposed to content that is offensive,
indecent or objectionable. The opinions and views expressed by
TFP.me's members or visitors do not necessarily represent
those of TFP.me. TFP.me allows the posting of mature
content, including nudity and theatrical gore. No illegal content is
allowed as non-exclusively outlined below, nor is any sexually-explicit
content allowed which includes but is not limited to any acts of
penetration. The judgment of TFP.me is the sole determinant of
acceptibility and such decisions are final.
TFP.me reserves the right to modify or remove anything
submitted to its service and to cancel any free membership, at any time,
for any reason and without prior notice. In addition, TFP.me,
in its sole discretion, may terminate your account including accounts of
paying members, or block your access to certain member features
including but not limited to the member forums, for violation of the
letter or spirit of the TOS.
You agree to notify TFP.me immediately of any unauthorized use
of your account or any other breach of security.
The following is a non-exclusive list of actions and content that are
prohibited on TFP.me's site:
Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright, trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software, music or video piracy;
Uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. TFP.me reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;
The harming of minors in any way;
The uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
Intentionally or unintentionally violating any applicable local, state, national or international law;
Impersonating any person or entity, including but not limited to, a TFP.me official, forum host, or misrepresentation of your affiliation with a person or entity;
- Uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships.
- Uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;
- Having multiple TFP.me portfolios with different names or innacurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio.
- The selling or placement of advertising on your TFP.me home page or portfolio page to anyone or any commercial third party;
- Using the TFP.me forums, email or any other means, except if explicitly authorized in writing by TFP.me, to contact TFP.me members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents;
- Taking any action which imposes an unreasonable or disproportionately large load on the TFP.me Web Site's infrastructure;
If you have a password allowing access to a non-public area of the TFP.me Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the TFP.me Web Site other than the search engine and search agents available from TFP.me on this Web Site and other than generally available third party web browsers (e.g., FireFox, Opera, Safari, Microsoft Explorer); or
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the TFP.me Web Site.
CONTENT SUBMITTED TO TFP.me
TFP.me does not claim ownership of the Content you place in
your TFP.me Portfolio or in other sections of the
TFP.me Site, or any information indexed by virtue of the TFP.me search engine.
By submitting Content to TFP.me for
inclusion in your TFP.me Portfolio, if any, or in other sections of the
TFP.me Site including but not limited to the forum, casting
calls or classifieds, or contests you grant TFP.me the
world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of
displaying and distributing your TFP.me Portfolio and/or the
TFP.me section your portfolio is listed in and/or your content
in the section or feature to which it is uploaded. This license exists
for as long as you continue to be a TFP.me member and shall be
terminated when you request from us that your content be removed and you
have received confirmation from TFP.me of the removal of your
content. In the case of posts to the casting calls or classifieds or any
other section where content is removed after an expiration time, you
agree that such automated expiration will be the method of its removal.
This limited license does not grant TFP.me the right to sell or
otherwise distribute your Content outside of the TFP.me Services. After
you remove your Content from the TFP.me Website or terminate your
account we will cease distribution as soon as practicable, and at such
time when distribution ceases, the license will terminate. You also
represent that you have full power and authority to comply with this
Terms of Service Agreement without violating the rights of others and
agree that your use of TFP.me and its services will comply
with this Terms of Service Agreement without violating the rights of
others.
NO SPAM: DAMAGES
TFP.me will immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or unsolicited bulk email. In addition, because
damages are often difficult to quantify, you agree to pay
TFP.me liquidated damages of $5 for each piece of spam
addressed to any individual recipient or unsolicited bulk email
transmitted from or otherwise connected with your TFP.me
account, or TFP.me's actual damages, whichever is greater.
SPECIAL WARNINGS FOR INTERNATIONAL USE
Due to the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
INDEMNIFICATION
You agree to indemnify and hold TFP.me, and its parents,
subsidiaries, affiliates, officers, other partners, and employees,
harmless from any claim, demand or damages, including reasonable
attorney's fees, made by any third party due to or arising out of your
content, your use of the service, your connection to the service, your
violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, rent, resell or
exploit any portion of the service, use of the service or access to the
service.
NO GUARANTEE OF SERVICE
TFP.me provides its services on a commercially reasonable
basis and does not guarantee that members and/or users will be able to
access or use the services at times or locations of their choosing.
Specifically TFP.me reserves the right at any time to modify
or discontinue temporarily the service (or any part of the service) with
or without notice. You agree that TFP.me should not be liable
to you or to any third party for any modification, suspension or
discontinuance of the service.
ADVERTISEMENTS AND PROMOTIONS
TFP.me runs advertisements and promotions on TFP.me
sites. By creating your TFP.me site, you agree that
TFP.me has the right to run such advertisements and promotions
in a manner and with such frequency that is subject to change. Your
dealings with the advertisers and their promotions found on or through
the service, including payment and delivery of related goods or services
are solely between you and the advertiser. You agree that
TFP.me should not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the service.
LINKS
Links to the World Wide Web and other resources may be available through
TFP.me's services. Because TFP.me has no control
over such sites and resources, you acknowledge and agree that
TFP.me is not responsible for the availability of these
resources and does not endorse any of the content, products, advertising
or any other materials on or available from such sites or resources.
Accordingly, you acknowledge that TFP.me is not liable for any
loss or damage which occurs as a result of using or relying on the
content, goods and services found on these other sites.
DISCLAIMER OF WARRANTIES
a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE
MEMBER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TFP.me ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST
EXTENT PERMITTED BY LAW. TFP.me DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR
THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER TFP.me NOR ANY
THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY
CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN
CONJUNCTION WITH THE SITE.
(b) TFP.me MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR
WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES
OR THE ASSOCIATED STORAGE FACILITIES. TFP.me IS NOT
RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF,
FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES;
INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS
OF THEIR PAGES.
LIMITATION OF LIAIBILITY
UNDER NO CIRCUMSTANCES SHALL TFP.me BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE
SITE. TFP.me DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF
ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR
ADVICE PROVIDED ON TFP.me, INCLUDING ANY INFORMATION OR
CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY.
TFP.me DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING
PROFESSIONAL MEMBERS, WILL USE THE TFP.me WEBSITE PROPERLY OR
IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM.
TFP.me DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY
OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF
MEMBERSHIP IN OR USE OF TFP.me. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY DISPUTE WITH TFP.me IS THE CANCELLATION OF YOUR
ACCOUNT AS DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE
OF TFP.me. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF TFP.me HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE
OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR
SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE
SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE
SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND
16 MAY NOT APPLY TO YOU.
You understand and agree that the cancellation of your Membership and cessation of the use of the site is
your sole right and remedy with respect to any dispute with
TFP.me. This includes, but is not limited to, any dispute
related to, or arising out of (i) any term of this Terms of Service
Agreemet or TFP.me's enforcement or application of this Terms
of Service Agreemet; (ii) any policy or practice of TFP.me,
including TFP.me's Content Guidelines and the
TFP.me's Privacy Policy, or TFP.me's enforcement or
application of these policies; (iii) the content available on
TFP.me or the Internet or any change in content provided
through TFP.me; or (iv) your ability to access and/or use
TFP.me and its services.
NOTICE
Notices to you may be made via either email or regular mail. The service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the service.
GENERAL INFORMATION
This TOS constitutes the entire agreement between you and
TFP.me, Inc. and governs your use of the service, superseding
any prior agreements between you and TFP.me (including, but
not limited to any prior versions of the TOS). You may also be subject
to additional terms and conditions that may apply when you use
affiliated services, third-party content or third-party software. The
TOS and the relationship between you and TFP.me shall be
governed by the laws of the State of Washington without regard to its
conflict of law provisions. You and TFP.me agree to submit to
the personal and exclusive jurisdiction of the courts located within the
County of King, State of Washington.
The failure of TFP.me to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in the TOS are for convenience only and have no legal or
contractual effect.
