Terms of Service
This website (“Site”) is operated by TFL Media, Inc. (“TFL”) All information, tools and services (“Service”) available from this Site to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the Site.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Our site is hosted by SiteGround. They provide us with the hosting platform that provide content Services to you.
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You may choose to subscribe to TFL in order to gain access to content on the Site, which may be restricted or unlimited depending on the package selected. Should a subscriber have difficulty accessing their account, it is the sole responsibility of the subscriber to promptly alert TFL about the issue.
Based on an individual’s subscription basis and unless cancelled by the subscriber, memberships auto renew each period, and the relevant subscription fee will be charged to payment method submitted by the subscriber at the time of registration. Subscribers may cancel their subscriptions at any time by logging into their account, clicking “My Account,” and selecting “Unsubscribe” under the “Subscriptions” section. Once a user cancels their subscription, they will have access to TFL until the last day of their plan. If the plan is a monthly subscription, users will have access through the end of the month in which they cancelled. If the plan is an annual subscription, users will have access through the end of the year in which they cancelled.
TFL reserves the right to change the features, content or Services related to any subscription package without notice to users, and it is within the sole discretion of TFL to amend or change any subscription prices. Any special offer or discount offered may be withdrawn or changed without notice.
You may be offered a promotional price, such as a trial subscription or a renewal-dependent discount, that is available for the length of time disclosed on your offer. As will be disclosed in the offer, certain subscriptions at a promotional price will, unless cancelled before the end of the last day of such a subscription, automatically convert from a subscription at a promotional price to a full price subscription for Services and you will be charged for such a subscription at the end of the last day of your subscription at a promotional price. The total monthly or yearly subscription price (including applicable taxes) that will apply upon your subscription for a promotional price automatically converting to a fully price subscription for Services will be disclosed to you prior to you registering as a user of Services for the purposes of the subscription for a promotional price. By starting a subscription to Services, you authorize TFL to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Services, to the payment method you provide during registration for the TFL Service (or to a different payment method if you change your account information) until you cancel your subscription.
For renewal-dependent discounts, you may be charged up-front in order to secure a discounted rate for an impending renewal period. If this is the case, the payment structure will be disclosed to you in connection with the discount offering.
TFL does not offer refunds for any reason unless there is a duplicate payment, in which case, a refund will be issued to the payment method used. If any or all of our digital products are temporarily unavailable, you will not receive a refund. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
During the Subscription Term, the Licensor (TFL Media, Inc.) grants the Licensee (subscriber) a nonexclusive, revocable, non-transferable right and license to access and use the Asset (TFL Subscription).
The Licensee may make the following uses of the Asset:
Download individual articles for personal and academic use. Sharing articles is expressly forbidden. Note: the purpose of this is to enable research-driven, as-needed downloading. This means (among other things) that bulk downloading is expressly forbidden, as is serial or cumulative downloading that results in the user reproducing on his or her computer, in effect, all or any substantial subset of Asset;
Print out individual articles for personal and academic use. As above, bulk printing and serial printing that results in the user reproducing all or any substantial part of the Asset are not allowed;
Use insubstantial portions of the information on an infrequent basis in pitch books, presentations and other materials presented to its actual or potential clients in the ordinary course of its business, or in published research reports or analysis, in each case with proper attribution to Licensor; and
Make traditional scholarly re-use of material within the bounds of fair use. All other uses are prohibited.
The Licensee is responsible for taking reasonable measures to prevent access by unauthorized persons and is responsible for terminating any unauthorized access of which it has actual notice or knowledge.
If Licensor has a good faith reason to suspect that access or use of the Asset, in violation of the terms, has occurred or is occurring, it reserves the right to suspend access by the Licensee, until the matter is satisfactorily resolved. The Licensee agrees to reasonably cooperate with Licensor in any investigation of unauthorized access or use. Licensor will not bring an action against Licensee without first consulting the Licensee.
USE OF THE SERVICE
The Service is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, contests/sweepstakes, and elsewhere.
You acknowledge that we have not reviewed and do not necessarily endorse all of the content of Site (“Content”), applications, destinations or Services linked to or accessible from this Service and are not responsible for the Content or actions of any other sites, applications, destinations or Services. Your linking to or accessing any other site, application, destination or Service is at your sole risk.
PROHIBITIONS ON USE OF THIS SERVICE
Any attempt to do any of the foregoing prohibited acts, or to otherwise undermine the operation of the Service, may be a violation of criminal and civil law. Should such an attempt be made, we reserve the right, in addition to our other remedies, to seek damages (including without limitation attorneys’ fees) from any such individual or entity to the fullest extent permitted by law, including criminal prosecution.
This Site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this Site, is owned by or licensed by TFL Media, Inc. or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
MODIFICATIONS TO THE SERVICE
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Any special offer or discount offered may be withdrawn or changed without notice.
Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that use of the Services is at your sole risk. We provide the Services on an “as is” and “as available” basis. we expressly disclaim all warranties of any kind, whether express or implied, with respect to the TFL Media, Inc. Services (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). TFL Media, Inc. makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, free of viruses or other harmful components or error free, or that defects will be corrected. You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the Services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the Services or their unavailability. We make no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from TFL Media, Inc. or through the Services shall create any warranty not expressly made herein.
The Services and information on the Site is provided “as is.” TFL Media, Inc. does not warrant, either expressly or by implication, the accuracy of any materials or information provided on the Site or its suitability for any particular purpose, and expressly disclaim all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose.
Although the information provided to visitors on the Site is obtained or compiled from sources we believe to be reliable, the Site cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to visitors or its suitability for any particular purpose. Neither the Site, nor any of their parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents, operational or promotional providers, program producers or sponsors are liable or shall have responsibility of any kind to any visitor for any loss or damage that you incur in the event of: (i) any failure or interruption of this Site; (ii) any act or omission of any third party involved in making the Site or the data contained herein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the Site or materials on the Site; (iv) your interaction or submissions on the Site, including, but not limited to, resumé or employment submissions or dialogue between hosts; or (v) from your failure to comply with this agreement, whether or not the circumstances giving rise to such cause may have been within the control of the Site or of any vendor providing software, Services or support.
In no case shall TFL Media, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless TFL Media, Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate disputes and claims with TFL Media, Inc. and any of its subsidiaries, affiliates, brands and entities that it controls, and limits the manner in which you can seek relief from us.
Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
CHANGES TO TERMS OF SERVICE
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please email us at email@example.com.