THIS AGREEMENT GOVERNS YOUR USE OF THE TINYTORCH WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR ROYALTY-FREE CONTENT, PLEASE READ OUR CONTENT LICENSE AGREEMENT.
1. Use of the Site
This Website and its contents (the “Content”) are intended for customers of TinyTorch. You may not use this Website or the Content for any purpose not related to your business with TinyTorch. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with TinyTorch; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any TinyTorch product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose, as determined solely in TinyTorch’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Web site. You may only use this Website for lawful purposes.
2. Intellectual Property
All materials (including the organization and presentation of such material) on this Website (the “Materials”) are the property of TinyTorch and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with TinyTorch, such as a Royalty Free License Agreement, any other use of these Materials without TinyTorch’s written permission is prohibited.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
TinyTorch and any other product or service name or slogan contained in the Site are trademarks of TinyTorch and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TinyTorch or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “TinyTorch” or any other name, trademark or product or service name of TinyTorch without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TinyTorch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
TinyTorch is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Commitment for further details.
5. Currency of Website
TinyTorch updates the information on this Web site regularly. However, TinyTorch cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. TinyTorch may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
6. Linked Websites
This Website may provide links to third-party Web sites for your convenience only. The inclusion of these links does not imply that TinyTorch monitors or endorses these Web sites. TinyTorch does not accept any responsibility for such Web sites. TinyTorch shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
7. Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.
TinyTorch shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Web site. TinyTorch recommends that you install appropriate anti-virus or other protective software.
8. Web Site and Materials Provided “As Is”
THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TINYTORCH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
9. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Notice and Procedure for Making Claims of Infringement
TinyTorch, Inc. respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TinyTorch with a written communication addressed to our President including substantially the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Website;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please address your letter to our CEO, as follows:
954 East 1000 North
Pleasant Grove, UT 84062
Feel free to visit our contact us page. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. TinyTorch is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Website or via e-mail that:
a. TinyTorch has no obligation concerning such information;
b. the information is non-confidential;
c. TinyTorch may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
d. the information is truthful and disclosure of the information does not violate the legal rights of others.
13. Applicable law
This Website is controlled, operated and administered by TinyTorch from within the State of Utah, USA. This Web site can be accessed from all States of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Utah, by accessing this Website, you acknowledge and agree that all matters relating to access to, or use of this Website shall be governed by the laws of the State of Utah and the federal laws of United States applicable therein (without reference to conflicts of laws principles).You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Utah and acknowledge that you do so voluntarily.
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Utah and acknowledge that you do so voluntarily.