www.TipMeet.com ("TipMeet.com" or "Site"), the web site that is a platform for real-time interactive communications and consulting services. TipMeet.com is owned and operated by TipMeet, Ltd. ("TipMeet"). The specific features and functionality of the Site are to be determined solely by TipMeet and are subject to change or termination without notice.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 21 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between you, an Service Provider in your field ("Service Provider") and TipMeet. By checking the “I Agree” checkbox and then continue to submit the relevant form, a binding agreement will be executed between you and TipMeet. The Service Provider should therefore read this Agreement carefully. If, however, you (the Service Provider do not agree to be bound by this Agreement and you uncheck the relevant “I Agree” checkbox, you will not be entitled to register as a Service Provider at TipMeet.
By registering as a Service Provider and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of TipMeet Privacy Policy, which is incorporated into this Agreement. When you register as an Service Provider you automatically become a site User, therefore the provisions of TipMeet User Terms and Conditions, are an integral part hereof, and are incorporated herein as part of this Agreement.
Definition of Service
TipMeet.com provides a telecommunication platform where Users can locate a Service Providers and establish an interactive connection with them. TipMeet will enable a User to negotiate and communicate with Service Providers, and pay for communication period. TipMeet makes no representation or warranty whatsoever as to (a) the willingness or ability of any Service Provider to give advice, (b) whether the User shall find the advice given by a service provider satisfactory, (c) whether the advice of the Service Provider will provide an adequate solution to his or her question, or (d) whether the Service Provider advice will otherwise be suitable to his or her needs. TipMeet does not verify the skills, degrees, qualifications, credentials or background of any Service Providers. Therefore, User is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Service Providers from whom he or she receives or contemplates to receive advice or services.
Disclaimer of Warranty and Limitation of Liability
THE SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT TIPMEET.COM IS BEING PROVIDED FOR USE AS IS, AND THEREFORE SERVICE PROVIDER WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS TIPMEET IN RESPECT TO TIPMEET.COM'S USERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE SERVICE PROVIDER 'S NEEDS. THE USE OF TIPMEET.COM IS ACCORDINGLY BEING MADE AT THE SERVICE PROVIDER 'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. TIPMEET EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS USERS. IF AN SERVICE PROVIDER DECIDES TO PROVIDE SERVICE PROVIDER ’S SERVICES THROUGH THE USE OF TipMeet.COM, SERVICE PROVIDER MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS SERVICE PROVIDER WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE SERVICE PROVIDER SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST TIPMEET, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES SERVICE PROVIDER DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF TIPMEET.COM. TIPMEET WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH TipMeet.COM. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE SERVICE PROVIDER 'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL TIPMEET, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY SERVICE PROVIDER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. TIPMEET, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO TIPMEET BY SERVICE PROVIDER THROUGH TipMeet.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT TIPMEET DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A USER IN CONNECTION WITH PROVISION OF ANY SERVICES BY SERVICE PROVIDER (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE SERVICE PROVIDER AS TO SERVICE PROVIDER ’S QUALIFICATIONS AND ADVICE PROVIDED BY THE SERVICE PROVIDER ) THROUGH THE TIPMEET SERVICE AND SERVICE PROVIDER AGREES TO INDEMNIFY AND HOLD TIPMEET HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. TIPMEET WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN SERVICE PROVIDER AND A USER, INCLUDING SERVICE PROVIDER FEE AGREEMENT. SERVICE PROVIDER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A USER. SERVICE PROVIDER FURTHER ACKNOWLEDGES THAT SERVICE PROVIDER WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY USER TO WHOM SERVICE PROVIDER PROVIDES SERVICES AND WHERE THAT USER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH TIPMEET.COM, SERVICE PROVIDER HEREBY RELEASES TIPMEET AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH SERVICE PROVIDER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL SERVICE PROVIDER : THE ADVICE OR INFORMATION YOU PROVIDE TO USERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE USER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE USER TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL SERVICE PROVIDER, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY USER THROUGH TIPMEET.COM. IN ADDITION, YOU AGREE THAT YOU:
• Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a User
• Will not prescribe or dispense medicines;
• Will recommend that Users seek the advice of a physician who can perform an in-person physical examination;
• Will advise Users that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;
Additional Service Provider Representations and Warranties By submitting the Service Provider registration form, you, the Service Provider, represent, warrant and agree to the following:
• At all times you, the Service Provider, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in TipMeet, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
• You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medial or legal information unless you are a licensed professional in good standing in the relevant field of Service Provider and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
• You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
• You will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the Service Provider to maintain and update on a regular basis.
Service Provider's Conduct: You, the Service Provider, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using TipMeet.com as and Service Provider, you will act according to the following rules:
• Service Provider will be solely responsible for the services provided to Users and to the verification of Users’ identity and other information delivered to you by Users;
• As a platform where Service Provider can offer telecommunication services, TipMeet is not involved in any transactions between Service Provider and Users. TipMeet does not control the accuracy of any interaction on the Site or transmissions through it by Users. In addition, TipMeet cannot and will not make any effort to verify the identify of any of its Users;
• Service Provider agrees that any information or content that Service Provider posts or transmits through TipMeet.com will not be considered Service Provider’s confidential information, but rather this information, whether personal in nature or not, shall be owned by TipMeet. Service Provider further agrees and consents to the Service Provider’s chats or transcripts, being captured in any format, controlled, processed and shared by TipMeet with third parties as designated solely by TipMeet;
• Service Provider grants TipMeet an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis; Service Provider will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a User. Service Provider will not answer questions from the public board in fields that are not within Service Provider’s fields of Service Provider expertise;
• Service Provider will not mislead Users to believe that he or she can provide a service which is outside Service Provider’s fields of Service Provider expertise;
• All interactions between Service Provider and User will be billed through TipMeet regardless if the interaction is online or offline. Service Provider agrees to abide by the pricing terms agreed upon with Users while utilizing TipMeet.com;
• All contact between Service Providers, consumers and any other users who are introduced through the TipMeet platform must be conducted only through the TipMeet platform. In the event TipMeet suspects or determines any unauthorized contact, TipMeet reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
• Service Provider will not take any actions which may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Site. Currently only ratings for paid sessions of more than one (1) minute will count toward the Service Provider's public ratings and rating average. TipMeet may change the above-mentioned minimum session duration at any time and without warning, and even remove old ratings given for free or paid sessions. TipMeet also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the User feedback system;
• Service Provider will not interfere with or disrupt the TipMeet.com site or servers or networks connected to the Site;
• Service Provider will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
• Service Provider will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
• Service Provider will not disobey or breach this Agreement or any other applicable instructions conveyed by TipMeet or its officers;
• Service Provider will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
• Service Provider will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
• Service Provider will not impersonate any person or entity, or make any false statement regarding Service Provider’s employment, agency or affiliation with any person or entity;
• Service Provider will not stalk, threaten or harass Users or other Service Providers or invade or attempt to invade their privacy;
• Service Provider will not disclose any information that was provided to Service Provider by a User and will use his or her best efforts to guard User's privacy; and
• Service Provider agrees to comply with all applicable laws regarding use of this Site. Service Provider may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of TipMeet or others. Service Provider agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Service Provider may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
TipMeet may review the Service Provider's personal profile and amend any typing or spelling errors. TipMeet cannot and will not verify or examine the truthfulness or accuracy of the details in the Service Provider’s personal profile, credentials, qualifications, or any of Service Provider’s postings or transmissions. However, TipMeet may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Service Provider. Without derogating from the above, TipMeet may remove any content violating this Agreement. The Service Provider will bear all the risks associated with the uploading and transmitting material utilizing TipMeet.com, including reliance on its accuracy, reliability or legality.
Service Provider and TipMeet Fees
TipMeet will use reasonable efforts to process the User's credit card for the amount agreed upon between Users and Service Provider within seven (7) working days from the execution date of each transaction. Starting February 24, 2011, TipMeet's commission structure (the "TipMeet Commission") will be as follows: Real-time Call Sessions
TipMeet Commission for all paid call sessions is 20% (twenty).
Real-Time Call Session includes a session between a Service Provider and a User via voice, video or any other medium within TipMeet. The TipMeet Commission for Call Sessions remains at the rate identified above regardless of the session duration. TipMeet reserves the right to modify the TipMeet Fees at any time without prior notice.
TipMeet Commission will be deducted from any Service Provider Fees or other payment that will be received by TipMeet and credited to the Service Provider's account immediately upon receipt of such payment as follows: the Service Provider Fees actually received by TipMeet in the prior month less the applicable Connection Fee and TipMeet Commission and applicable tax or withholding taxes (if there is any). Within thirty (30) days following withdrawal request (is equal to or exceeds $50), TipMeet will deliver payment to Service Provider less the applicable Withdrawal Fee 10% (ten). TipMeet will send the Service Provider payment via PayPal. Service Provider alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Service Provider’s participation in TipMeet.com. Notwithstanding the foregoing, Service Provider authorizes TipMeet to withhold, in its discretion, payments to Service Provider of certain amounts paid by Users by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying User or charged back by such User's credit card issuer, or, if TipMeet reasonably believes that fraudulent activity may have occurred in connection with payment, until TipMeet is able to verify that no such activity has occurred. TipMeet's billing system is not error-free, and TipMeet shall not be liable for any problems, miscalculations or malfunctions in processing Service Provider Fees or other payments due to the Service Provider. If the Service Provider thinks that a mistake has occurred he or she must send his/her complaint to support@tipmeet.com within 30 days of discovery of such mistake. If for any reason the User has not paid the Service Provider Fee or has paid but has later charged back such payment, no Service Provider Fees will be paid to the Service Provider for that transaction and if the money has already been sent to the Service Provider, Service Provider is required to repay this amount to TipMeet, and TipMeet has the right to deduct this amount from the Service Provider's account or from the following payments to be made from TipMeet to Service Provider. For Service Providers who simultaneously participate as Users, TipMeet shall be entitled to transfer or set-off payments from an Service Provider’s pending earnings against such Service Provider’s outstanding balance as a User.
TipMeet has fixed safe zone interval which is set within 1 minute. This means that all calls within 1 minute are not paid, even if Service Provider has set rate for interactive communication.
Withdrawal fee
Withdrawal fee is 10% from the amount of withdrawable credits. Withdrawal fee is applicable when User or any service provider withdraw Credits earned or previously added to TipMeet account. Withdrawal fee does not include PayPal comissions.
Refund Policy
You can request a refund for unused TipMeet Credits and unexpired payable TipMeet Credits at any time, by submitting a support request to Customer Support at support@tipmeet.com. Refund requests carried out through other means shall not be eligible for a refund.
Upon a duly submitted refund request, TipMeet will refund you the credit balance of your TipMeet Credit. Where you have used less than one euro (1 EUR) of your TipMeet Credit, your TipMeet Credit will be refunded in full.
TipMeet reserves the right to deny repetitive refund requests (more than once for any given type of payable Credit)
Refund period is set to 7 working days from refund request.
User Name and Password
When you, the Service Provider, create and open an account with TipMeet, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify TipMeet of any unauthorized use of your password, user name, e-mail or any other breach of security. TipMeet encourages Service Providers to change their password at least once a month. TipMeet will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by TipMeet due to someone else’s use of your account or password.
Service Provider Information
Service Provider does not have to furnish the information required for registration in TipMeet.com. However, without that information, Service Provider will not be able to use TipMeet's services. TipMeet Inc. is the sole owner of the information collected on this Site. TipMeet will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that TipMeet may collect, process, and transfer any information, private or otherwise, so long as TipMeet does so for the purpose for which it was collected. In order to use TipMeet.com, both Users and Service Providers must first complete the registration form. During registration, the Service Provider is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Service Provider about the services on TipMeet.com for which he or she has expressed interest, and is also used as Service Provider's login information. Service Provider is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so TipMeet may provide a more personalized experience on the Site. In such case Service Provider may decide whether he or she wishes to provide such information or not. The information furnished by the Service Provider during the registration process will be kept in TipMeet's database. TipMeet will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and TipMeet will therefore not be liable for any direct, indirect, consequential or incidental damage that the Service Provider may sustain due to unauthorized intrusion to the database. Service Provider consents to TipMeet collecting and processing Service Provider's personal information for normal business use by TipMeet.
Service Provider and User Communication
The main purpose of TipMeet is to provide a platform for registered Service Providers to provide Users with advice that they seek. By utilizing TipMeet.com Service Providers and Users can negotiate and enter into a contract for advice. TipMeet does not monitor, screen or edit the content of communications between Service Providers and Users, but TipMeet may record, monitor, screen, copy, transmit and review all communications conducted by or through TipMeet.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the User and the Service Provider agree to other distribution, for example, by posting questions or services on the Public Board (described later). All communications between Service Providers and Users are NOT encrypted and thus may be subject to unauthorized interception and monitoring.
Currently, audio and video communications between the User and TipMeet's servers are not encrypted. E-mail and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring. All communications between the User and Service Provider are not available to other TipMeet Users and Service Providers, and are confidential between Service Provider and User. Audio or Video communications between Users and Service Providers can be recorded and stored on TipMeet servers for a certain amount of time and available for review by Service Providers and, if a paid session, by Users.
Cookies
TipMeet makes use of cookies to store information. A cookie is a piece of data stored on the Service Provider's hard drive containing information about the Service Provider. For instance, by accepting a cookie by TipMeet.com, Service Provider will not have to enter his or her login information (his or her e-mail and password) every time he or she logs into his or her account, thereby saving time while on TipMeet.com. If the Service Provider rejects the cookie, he or she may still use TipMeet.com; however, the Service Provider will simply have to login each time he or she visits the Site. Cookies can also be used to enable TipMeet to track and target the interests of Service Provider in order to enhance his or her experience on TipMeet.com. Of course, if the Service Provider shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Service Provider's communications with Users and TipMeet.com. If Service Provider shares a computer with others, Service Provider should either disable cookies or enable cookies but sign out of TipMeet when Service Provider no longer uses the computer or when someone else is going to use that same computer.
TipMeet Use of Data
TipMeet uses IP addresses to analyze trends, administer the site, track Service Provider's movements on the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Service Provider's experience when using our site. TipMeet may also retain any e-mails, letters or other correspondence between Service Provider and TipMeet to ensure quality control and the best possible service, although it has no obligation to do so. TipMeet may use the information furnished by the Service Provider, as well as information that it collects regarding use patterns and transactions that are conducted through TipMeet.com, in order to improve TipMeet.com, to analyze statistical information regarding TipMeet.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Service Provider personally. TipMeet may from time to time send e-mail advertisements to Service Provider, whether the material is its own or is commercial information furnished by third parties. Service Provider is given the opportunity to "opt-out" of having his or her information used for purposes not directly related to TipMeet.com at the point where TipMeet asks for such information. TipMeet's registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Service Providers can always choose to opt-out by following the appropriate mechanism from within Service Provider's TipMeet account. TipMeet may use the details of transactions executed through TipMeet.com for promotional and informational purposes and publish their details on TipMeet.com, provided that such publication will not identify the Service Provider or User in any means other than their Screen Name. If the Service Provider elects to use TipMeet's referral service for informing a friend about the Site, TipMeet asks the Service Provider for the friend's name and e-mail address. TipMeet will automatically send the friend a one-time e-mail inviting them to visit the Site. TipMeet stores this information for the sole purpose of sending this one-time e-mail. The friend may contact TipMeet at support@tipmeet.com to request the removal of this information from its database.
Currently, TipMeet does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. TipMeet will use a credit card processing company to bill users for use of the TipMeet service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose. TipMeet reserves the right to partner with another party to provide specific services. When the Service Provider signs up for these services, TipMeet will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services. TipMeet may assign, transfer, rent, sell or lease its database, without giving the Service Provider any prior notice, to any other subsidiary of TipMeet's holding company, TipMeet's subsidiaries and, in case of merger or bankruptcy, to the surviving entity after such merger or bankruptcy or to any third party that will ratify TipMeet's privacy policy. TipMeet may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between TipMeet and the Service Provider. In addition, TipMeet may disclose personally identifiable information to the User or to public authorities to deal with emergency situations or situations where the Service Provider's safety may be in jeopardy. TipMeet may, in its discretion, create co-branded Web sites with its partners. In such case, the Service Provider listings may appear in the co-branded site, but TipMeet will not transfer any personally identifiable information about the Service Provider to the other Web site without receiving the Service Provider's prior consent. The co-branded sites are maintained on TipMeet servers. Unless Service Provider agrees otherwise all personally identifiable information is stored solely by TipMeet. TipMeet does record the partner Web site from which a visitor has linked to TipMeet. If a visitor registers to become a User and/or an Service Provider, TipMeet may track the partner's name, in order to further the relationships TipMeet has with its partners.
General
If a Service Provider wishes to update his or her personally identifiable information, such as a mailing address, or if an Service Provider no longer desires TipMeet's service, TipMeet will endeavor to provide a way to correct, update or opt-out of any of TipMeet's services. This can usually be done from within the Service Provider’s TipMeet account, or by e-mailing Customer Support at support@tipmeet.com
If the Service Provider has any questions about TipMeet's privacy statement, the practices of TipMeet.com or your dealings with TipMeet, please contact support@tipmeet.com. International Users TipMeet makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Links
TipMeet.com may contain links to Web sites operated by third parties. TipMeet has no control over such sites and the information provided in them. Service Provider acknowledges and agrees that TipMeet is not responsible for the availability of such third party Web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. Service Provider warrants and agrees that TipMeet will 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 reliance on any such content, products or services available on or through any third party Web sites. TipMeet encourages Service Provider to be aware when he or she leaves TipMeet.com and to read the privacy statements of each and every Web site that collects personally identifiable information.
Advertisements
TipMeet may include in TipMeet.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Service Provider may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. Service Provider acknowledges and agrees that TipMeet is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Service Provider is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of TipMeet.com
TipMeet reserves the right to modify or discontinue, temporarily or permanently, the services in TipMeet.com, with or without notice to Service Provider. Service Provider agrees that TipMeet shall not be liable to Service Provider or any third party for any modification or discontinuance to TipMeet.com's services, or for any losses or damages that may result to Service Provider or his or her Users from such discontinuation or interruption of service. TipMeet's services depend upon different factors such as: software, hardware and communications networks of TipMeet, its contractors and suppliers. Hence, TipMeet cannot guarantee that TipMeet.com will not be interrupted, or that it will be timely, secure or error-free. TipMeet, in its sole discretion and for any reason, may terminate Service Provider's participation in TipMeet.com and refuse any and all current or future use by Service Provider of TipMeet.com.
Termination of Account by Service Provider
Service Provider may terminate their Agreement with TipMeet at any time by sending a signed notice to TipMeet via mail or fax. E-mails will not be accepted. TipMeet shall invalidate Service Provider's user name and password within thirty (30) days of receiving such notice. Service Provider may inactivate his or her own account for any desired period of time from within their TipMeet account. Notwithstanding termination, all obligations of Service Provider under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Intellectual Property
TipMeet is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in TipMeet.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein. Service Provider may not operate robots or spiders to scan TipMeet.com's database. Service Provider may use "deep linking" only to his or her personal Web page within TipMeet.com but not to any other part thereof. Service Provider may not view TipMeet.com with a graphic user interface different from the one designed by TipMeet. TipMeet.com contains copyrighted material, trade secrets and proprietary information owned by TipMeet. This Agreement does not grant the Service Provider any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of TipMeet.com. The Service Provider may not create derivative software based upon any trade secret, intellectual property or proprietary information of TipMeet. Furthermore, the Service Provider may not sub-license, assign or transfer, sell or make any other commercial use of his or her Usership in TipMeet.com. The Service Provider may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of TipMeet's and TipMeet.com, or take any other action which infringes or impairs TipMeet's trademark rights. TipMeet shall retain all ownership in and to TipMeet.com and all content displayed on the TipMeet.com Web site including copies of data transferred or received by Service Provider on the site.
Copyright Policy
TipMeet respects the intellectual property of others, and we ask our users to do the same. TipMeet may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TipMeet's Copyright Agent the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• a description of where the material that you claim is infringing is located on the site, including the URL;
• your address, telephone number, and email address;
• 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; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TipMeet's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent c/o TipMeet Ltd. Dept 706 19-21 Crawford Street London, W1H 1PJ, UK
By e-mail: corporate@tipmeet.com
Limited License
TipMeet grants Service Provider a nonexclusive, revocable right to use the Site provided that Service Provider does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Indemnification
Service Provider will indemnify, defend and hold harmless TipMeet, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against TipMeet or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Service Provider according to this Agreement; (b) Service Provider's provision of services to any third party, regardless of whether or not they are Users of the TipMeet service; or (c) any materials that Service Provider has posted to TipMeet.com and/or any content on Service Provider's Web site or otherwise provided to Users. Service Provider represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Service Provider, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Notice
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
No Assignment
Service Provider shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of TipMeet. Any purported transfer, assignment or delegation by Service Provider without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
TipMeet may change this Agreement by posting modifications on the Site. Unless otherwise specified by TipMeet, all modifications shall be effective upon posting. Therefore, Service Provider is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Service Provider agrees to be bound by such changes to the Agreement. If Service Provider does not agree to the changes, Service Provider may terminate access to the Site and participation in TipMeet's services.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the United Kindgom (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of London, UK. Service Provider agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between TipMeet and Service Provider with respect to the subject matter hereof, and Service Provider has not relied upon any promises or representations by TipMeet with respect to the subject matter except as set forth herein. In the event of any conflict between this Agreement and the User Agreement, this Agreement shall take precedence. No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Violation
The Service Provider may report any violation of this Agreement to support@tipmeet.com.
Updated Feburary 25, 2011.