TERMS & CONDITIONS
TERMS OF SERVICE AGREEMENT
Please read the following terms of service agreement carefully. By accessing or using our sites and our services you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions , then please do not access or use our sites or our services. This terms of service agreement is effective as of January 1, 2019.
The following Terms of Service Agreement (the “Agreement”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interfere with Tick Tock, Inc located in Auburn, CA and our subsidiaries and affiliates, in association with the use of the website willandaway.com and its services which shall be defined below. This Agreement may be modified at any time by Tick Tock, Inc., upon posting of the modified agreement. Any such modification shall be effective immediately. You can view the most recent version of these terms at any time at www.willandaway.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
DESCRIPTION OF WEBSITE SERVICES OFFERED:
The website is a subscription based e-commerce site that collects information and is not a legally binding document.
Any and all visitors to our site, despite whether they are registered or not shall be deemed as users of the herein contained services provided for the purpose of the terms of service agreement. Once an individual registers for our services, through the process of creating an account the user shall then be considered a member.
The member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Tick Tock, Inc. All content included is and shall continue to be the property of Tick Tock, Inc., or its content supplies and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Terms of Service Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
This website is intended for adults only. This website is not intended for any children under the age of 13.
Tick Tock, Inc., grants you a limited, revocable, non exclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicenses, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Tick Tock, Inc., and Tick Tock, Inc., may terminate your use of this website at any time.
COMPLIANCE WITH LAWS.
You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
At its discretion Tick Tock, Inc. may offer additional website services and/or products or update, modify or revise any current content and services, and this agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Tick, Tock, Inc does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member acknowledge, accept and agree that Tick Tock, Inc. shall not be held liable for any such updates, modifications, revisions, suspension or discontinuance of any of our services and/or products or websites. Your continued use of the services provided, after such updates, changes and/or modification, shall be deemed an acceptance of any updates, changes and/or modifications as presented. Frequent review of this agreement and any and all applicable terms and policies should be made by you to insure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms you must stop using the provided services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the services offered shall be provided “as is” and as such Tick Tock, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to sore user content, communication or personalization settings.
To register and become a member of the willandaway.com site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Tick Tock’s services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Tick Tock, Inc. will collect information such as your name, email address and credit card information for the purpose of billing. This information will not be included in your profile in the willandaway.com data collection. You can edit your account information at any time. Once you register with and sign in to our billing services, you are no longer anonymous to us.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user that may access your account information that, if undertaken by you, would be deemed a violation of the terms of service. It shall be your responsibility to notify willandaway.com immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Tick Tock, Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the terms of service.
As a user or member of the site you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the services, and as such, we do not guarantee the accuracy, integrity or quality of such content as this controlled totally by the user. It is expressly understood that by use of our services you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitter or otherwise made available by willandaway.com.
Furthermore, you herein agree not to make use of willandaway.com services for the purpose of:
• Uploading, posting, emailing, transmitting or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or invasive of another’s privacy or which is hateful, and/or racially, ethnically or otherwise objectionable.
• Causing harm to minors in any way
• Impersonating any individual or entity, including, but not limited to any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity
• Forging captions, heading or titles or otherwise offering any content the you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship
• Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual right of any other party or that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.
• Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional fliers, junk mail, spam or any other form or solicitation , except in any such area that may have been designated for such purpose.
• Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware or telecommunication equipment
• Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users ability to participate n any real time interactions
• Interfering with or disrupting any Tick Tock, Inc. services, servers, and/or networks that may be connected or related to the willandaway.com website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers
• Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to rules, guidelines, and/or regulations having the force of law
• Stalking or with the intent to otherwise harass another individual
• Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the above paragraphs
• Willandaway.com herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the terms of service or which otherwise be considered offensive to other visitors, users and/or members.
Tick Tock, Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonable necessary for compliance with any legal process, enforcement of the terms of service, responding to any claim that therein contained content is in violation of the rights of any third party, responding to requests for customer service, or protecting the rights, property or the personal safety of willandaway.com, its visitors, users and members, including the general public.
Tick Tock, Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Tick Tock, Inc. or any other content providers supplying content services to willandaway.com. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our services, despite whether done so in whole or in part, is expressly prohibited.
CAUTION FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting, and/or transferring of software , technology and other technical data may be subject to the expert and import laws of the United States and possible other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
All users and/or members herein agree to indemnify, defend and hold and hold Tick Tock, Inc., our websites, our subsidiaries, affiliate, agents, employees, officers, partners and/or licensors harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, for any claim or demand, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of website services or your connection with these services, your violations of the terms of service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Tick Tock, Inc.’s websites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Tick Tock, inc. may set up any such practices and/or limits regarding the use of our services and also acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Tick Tock, Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Willandaway.com shall reserve the right at any time it may deem fit to modify, alter and/or discontinue, whether temporarily or permanently, our service or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services or any part thereof.
As a member of willandaway.com you may cancel or terminate your account, associate email address, billing information and/or access to our services at any time by submitting a cancellation or termination request to [email protected] As a member you agree that willandaway.com may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associate with your account and access to any our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
• Any breach or violation of our terms of service or any other incorporated agreement, regulation and/or guideline
• By way of requests from law enforcement or any other governmental agencies
• The discontinuance, alteration and/or material modification to our services, or any part thereof
• unexpected technical or security issues and/or problems
• Any extended periods of inactivity
• Any engagement by you in any fraudulent or illegal activities
• The nonpayment of any associated fees that may be owed by you in connection with your Tick Tock, Inc. account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with Tick Tock, Inc. shall include any and/or all of the following:
• The removal of any access to all or part of the services offered within willandaway.com.
• the deletion of your password and any and all related information, files and any such content that may be associated with or inside your account or any part
• The barring of any further use of all or part of our services
Any correspondence or business dealings with, or the participation in any promotions of advertisers or affiliates located on or through our services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings are and shall be solely between you and any such advertiser or affilaite. Moreover, you herein agree that Tick Tock, Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either willandaway.com or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party site or resources. Furthermore, you acknowledge and agree that Tick Tock, Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that Tick Tock, Inc. services and any essential software that may be used in connection with our services (software) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Tick Tock, Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Tick Tock, Inc. services in whole or part.
Tick Tock, Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of our software on a computer as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the software. Furthermore, you do herein agree not to alter or change the software in any manner, nature or for, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by willandaway.com for use in accessing our services.
YOU HEREIN EXPRESSLY ACKNOWLEDGMENT AND AGREE THAT:
THE USE OF TICK TOCK, INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TICK TOCK, INC. AND OUR WEBSITE, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
TICK TOCK, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTY THAT TICK TOCK, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENT AND/OR THAT TICK TOCK, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE AND/OR THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE THE TICK TOCK, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE. QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS. AND THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED AND/OR MATERIAL OTHERWISE OBTAINED BY TICK TOCK, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOU AT YOUR SOLE DISCRETION AND AT YOUR SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY HAVE BEEN OBTAINED BY TICK TOCK, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TICK TOCK, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LITIGATION, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING THE POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:
• The use or inability to use our service
• The cost of procuring substitute goods and services
• Unauthorized access to or the alteration of your transmissions and/or data
• Statements or conduct of any such third party on our service
• And any other matter which may be related to our service
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this Agreement, that there shall be no third-party beneficiaries in this agreement.
Tick Tock, Inc. may furnish you with notices, including those with regards to any changes to the terms of service, including but not limited to email, regular mail, MMS or SMS, text messaging, postings, on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the terms of service by accessing our services in an unauthorized manner. Your acceptance of this terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner,
You herein acknowledge, understand and agree that all of the Tick Tock, Inc. trademarks, copyright, trade name, service marks, and other Tick Tock, Inc. logos and any brand features, and/or products and services names are trademarks and as such, are and shall remain the property of Tick Tock, Inc. You herein agree not to display and/or use in any manner the willandaway.com logo or make without obtaining Tick Tock, Inc.’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE AND PROCEDURES
Tick Tock, Inc. will always respect the intellectual property of others and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, willandaway.com may disable and/or terminate the accounts of any user who violates our terms of service and/or infringes the rights of other. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
• The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest
• A description of the copyrighted work or other intellectual property that you believe has been infringed upon
• A description of the location of the site which you called has been infringing upon your work
• Your physical address, telephone number and email address
• As segment in which your state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law
• And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf
The willandaway.com agent for notice of claims of copyright or other intellectual property infringement can be contacted at [email protected]
This Agreement constitutes the entire agreement between you and Tick Tock, Inc. and shall govern the use of the services, superseding any prior version of this terms of service between you and us with respect to Tick Tock, Inc. services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Tick Tock, Inc. services, affiliate services, third-party content or third-party software.
It is at the mutual agreement of both you and Tick Tock, Inc. with regard to the terms of service that the relationship between the parties shall be governed by the laws of the state of California without regard to conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the terms of service, or the relationship between you and Tick Tock, Inc. shall be filed within the courts having jurisdiction within the County of Placer, California or the U.S. District Court located in said state. You and Tick Tock, Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time should Tick Tock, Inc. fail to exercise or enforce any right or provision of the terms of service, such failure shall not constitute a waiver of such right or provision. If any provision of the terms of service 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 terms of service remain in full force and effect.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the terms of service must be file within one year after said claim or cause of action arose or shall be forever barred.
Tick Tock, Inc., may terminate this Agreement at any time, with or without notice, for any reason.
Please report any and all violations of this terms of service to Tick Tock, Inc. at [email protected]