Effective date: July 1st, 2019
Last update: May 10th, 2021
1. Under the age of 16, you must have parental consent to use our Services.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via our Services.
3. You agree that you will not solicit, collect or use the login credentials of other Service users.
4. Other than as expressly set out in these terms or additional terms, we don’t make any commitments about the content within our Services, the specific function of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
5. To the extent permitted by law, we exclude all warranties for our Services.
6. You must not post private or confidential information via our Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use our Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, national, local and provincial) applicable to your use of the Services and your Content (defined below), including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Services.
9. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Trestle Labs.
10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any of us or users of our Services.
11. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Services’ page is rendered or displayed in a user's browser or device.
12. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
4. We reserve the right to refuse access to the Services to anyone for any reason at any time
5. There may be links from the Services, or from communications you receive from the Services, to third-party web sites or features. We do not control any of these third-party web Services or any of their content. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party Services or features
6. You agree that you are responsible for all data charges you incur through use of the Services
7. You agree that there is no legal or contractual relationship or obligation between you and Trestle Labs for whatever reason by using the Services.
2. You also acknowledge that we may use your email address and other identifiable information you provide during sign up to periodically communicate with you through newsletters or any other electronic campaigns.
3. You represent and warrant that:
i) you own the Content posted by you on or through the Service;
ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
4. The Services contain content owned or licensed by Trestle Labs (“Trestle Labs Content”). Trestle Labs Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Trestle Labs, Trestle Labs owns and retains all rights in the Trestle Labs Content and the Services. You will not remove, alter or conceal any copyright, trademark, Services’ mark or other proprietary rights notices incorporated in or accompanying Trestle Labs Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Trestle Labs Content.
5. The Services’ name and logo are trademarks of Trestle Labs, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trestle Labs. In addition, all page headers, custom graphics, button icons and scripts are Services’ marks, trademarks of Trestle Labs, and may not be copied, imitated or used, in whole or in part, without prior written permission from Trestle Labs.
6. Although it is our intention that the Services are up and running always, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Trestle Labs will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
9. It is our policy not to accept or consider ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited ideas, and take no responsibility for any ideas so transmitted. If, despite our policy, you choose to send us ideas, suggestions, or other materials, you further agree that we are free to use any such ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Services, without any liability or payment of any kind to you.
REPORTING COPYRIGHT AND OTHER IP VIOLATIONS
We respect other people's rights, and expect you to do the same. If you repeatedly infringe other people's intellectual property rights, we will disable your access to the Services.
DISCLAIMER OF WARRANTIES
You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Trestle Labs’ request), indemnify and hold Trestle Labs harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf):
i) Your Content or your access to or use of the Services;
iii) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
v) Any misrepresentation made by you. You will cooperate as fully required by Trestle Labs in the defense of any claim. Trestle Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Trestle Labs.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Trestle Labs must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE