References in these documents to Tickle Labs, Inc.’s Website OR Application like: “We” “Us”, “Website”, “App” or “Service” mean Tickle Labs, Inc., or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Tickle Labs, Inc.’s service.
THE SERVICE AND SOFTWARE ARE, IN THEIR ENTIRETY PROPRIETARY TO TICKLE LABS, INC. AS SUCH, THEY ARE PROTECTED BY U.S COPYRIGHT, INTELLECTUAL AND OTHER SUBSTANTIAL LAWS, AS WELL AS INTERNATIONAL TREATY PROVISIONS, YOU THEREFORE MUST TREAT THIS SERVICE AND/OR SOFTWARE AS LEGALLY PROTECTED MATERIAL. ONE IS NOT TO RENT, SUBLET, REDISTRIBUTE, SELL, TIMESHARE OR COPY THIS SOFTWARE’S SOURCE CODE, CONTENT OR MIMIC ITS FUNCTIONALITY BY TRANSLATING, DISASSEMBLING, OR IN ANY OTHER WAY, CREATING DERIVATIVE WORKS WHICH ARE BASED ON THIS UNIQUE CODE, CONTENT OR FUNCTIONALITY PATTERN, UNLESS STATED OTHERWISE IN THIS SPECIFIC SOFTWARE LICENSE AGREEMENT AND WITHOUT PREVIOUS CONSENT FROM TICKLE LABS, INC. TICKLE LABS, INC. DOES NOT GUARANTEE THAT CONSENT WILL EVER BE ISSUED. VIOLATING FULL OWNERSHIP RIGHTS GIVES TICKLE LABS, INC. THE RIGHT TO TAKE ANY ACTION IT DEEMS APPROPRIATE, NOT EXCLUDING CIVIL AND/OR CRIMINAL ACTIONS BEING BROUGHT UP AGAINST THE INDIVIDUAL, GROUP OR OTHER THIRD PARTY INVOLVED IN THE VIOLATION.
CREATING AN ACCOUNT ON TICKLE APP AND UTILIZING ANY FUNCTION ATTACHED TO SUCH ACCOUNT ON TICKLE APP (THEREINAFTER REFERRED TO AS: “ACCOUNT SERVICE”) IS FORBIDDEN, IF WITHOUT CONSENT FROM ONE’S PARENTS, FOR ALL PERSON THAT ARE BELOW THIRTEEN (13) YEARS OF AGE. IF A CHILD UNDER THIRTEEN (13) YEARS OF AGE IS USING YOUR COMPUTER AND/OR MOBILE DEVICE, WITHOUT YOUR CONSENT, PLEASE DON’T SAVE YOUR ACCOUNT CREDENTIALS, SUCH AS YOUR USERNAME AND PASSWORD. YOU HEREBY ACCEPT ANY AND EVERY LIABILITY ARISING FROM THE USAGE OF YOUR PERSONAL ACCOUNT. TICKLE LABS, INC. IS NOT, IN ANY WAY, LIABLE FOR THE UNREASONABLE BEHAVIOR OF ITS REGISTERED OR UNREGISTERED USERS. IT IS FURTHER NOT LIABLE FOR ANY AUTHORIZED OR UNAUTHORIZED USE OF YOUR ACCOUNT BY ANY THIRD PARTY (INDIVIDUAL OR GROUPS), INCLUDING MINORS UNDER YOUR SUPERVISION. IF ANY MINORS BELOW THE AGE OF THIRTEEN (13) HAVE CREATED ACCOUNTS AND/OR ARE USING TICKLE LABS, INC.’S CONTENT AND SERVICES WITHOUT ANY CONSENT FROM THEIR PARENTS, SUCH ACCOUNTS MAY BE SUSPENDED WITH OR WITHOUT PREVIOUS NOTICE. PLEASE NOTE THAT TICKLE LABS, INC. DOES NOT EXCLUDE ANY OTHER ACTIONS BEING TAKEN, INCLUDING BRINGING UP CIVIL AND/OR CRIMINAL ACTIONS IN FRONT OF THE APPROPRIATE AUTHORITIES. YOU ARE NOT TO PROVIDE ANY USER INFORMATION IN VIOLATION OF ANYONE’S COPYRIGHT OR TRADEMARK RIGHT(S), OR OTHER EXCLUSIVE RIGHT(S) TO A NAME OR PSEUDONYM. TICKLE LABS, INC. DEEMS THIS TYPE OF BEHAVIOR TO BE OFFENSIVE AND IN EVERY WAY, UNACCEPTABLE. TICKLE LABS, INC. THEREFORE, RESERVES THE RIGHT TO WARN, SUSPEND AND/OR DELETE ANY PROFILE ENGAGED IN THESE TYPES OF BEHAVIOR WITH OR WITHOUT PREVIOUS NOTICE OR WARNING WHATSOEVER. TICKLE LABS, INC., AS A LEGITIMATE SERVICE AND CONTENT PROVIDER DOES NOT SUPPORT PROMOTION OF ANY HATE SPEECH, INTOLERANCE, RACISM, SEXISM AND/OR OTHER FORMS OR INTOLERANT AND/OR CRIMINAL BEHAVIOR. TICKLE LABS, INC. RESERVES THE RIGHT TO, IF IT COMES TO TICKLE LABS, INC.’S ATTENTION, THAT ANY TYPE OF THE AFOREMENTIONED BEHAVIOR IS BEING PROMOTED, SUSPEND OR DELETE ANY ACCOUNTS USED BY ANY INDIVIDUALS INVOLVED IN BEHAVIOR. YOU HEREBY ALSO EXPRESS YOUR CONSENT TO: - PROVIDING TRUE, COMPLETE AND ACCURATE INFORMATION ABOUT YOURSELF, AS FILLED IN THE REGISTRATION FORMS - MAINTAIN THE PERSONAL INFORMATION SUBMITTED TO TICKLE LABS, INC. TO ASSURE THEIR COMPLETENESS, TRUTHFULNESS AND ACCURACY AND - NOTIFY TICKLE LABS, INC. AS TO ANY SECURITY BREACH RELATED TO YOUR ACCOUNT. INFORMATION PROVIDED ON THIRD-PARTY PLATFORMS, SUCH AS, WITHOUT LIMITATION: APP STORES OR OTHER AUTHORIZED PLACES TO PURCHASE SERVICE-RELATED SOFTWARE OR SOFTWARE EXTRAS, IS TO BE GOVERNED BY A SEPARATE SET OF CONTRACTUAL TERMS UNDER THE PLATFORM’S VERY POLICY/POLICIES.
Please note and follow the following guidelines while submitting content via our Service. Pictures, nicknames and other credentials which may be needed in order to access the functionality of our Service may not be published immediately, due to possible revisions or inquiries to which Tickle Labs, Inc. has reserved full rights to. Pictures and other multimedia may not infringe any intellectual property rights, nor contain the face of a celebrity, nor violence or offensive language. Personal information (if required), such as, without limitation to your personal or billing credentials are not to be published in any manner whatsoever on our Service. Any further use of your personal information is to be subject to this set of documents, or, if not referenced or stated, subject to your express further consent.
As a User of Tickle Labs, Inc., you shall withhold of any: - solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: 1) terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with Tickle Labs, Inc.; 2) becoming employed by, or work for any other person, group or entity other than Tickle Labs, Inc.; - make any negative or defamatory statements or comments about Tickle Labs, Inc. or any of its Representatives, which may result in hurting the reputation, image, ability or goodwill of Tickle Labs, Inc. or its Representatives; - solicit or cause an existing or potential Customer to cease using Tickle Labs and its provided products and Services or to solicit and cause a potential Customer to use other products or Services, which are competitive with Tickle Labs, Inc.’s products and Services; - aid, abet or authorize any person, group or entity in any of the aforementioned.
This App’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all US’s governing law and international intellectual property law standards. Tickle Labs, Inc. together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to, sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between Tickle Labs, Inc. requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. Tickle Labs, Inc. DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. Tickle Labs, Inc. DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. governing law does not exclude the possibility of Tickle Labs, Inc. treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; -Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; -Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; -A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement should be sent via e-mail. You acknowledge that if you fail to comply the aforementioned requirements, your DMCA notice may not be valid. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: - Your physical or electronic signature; - Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; - A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; -Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If Your counter-notice is received by the Copyright Agent, Tickle Labs, Inc. may send a copy of the counter-notice to the original complaining party informing the person it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Tickle Labs, Inc. sole discretion.
Tickle Labs, Inc. may disclose Your personal information in the minimal range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. Tickle Labs, Inc. may further disclose Your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, Tickle Labs, Inc. WILL NOT disclose more information than the minimal range which is prescribed by governing law. Tickle Labs, Inc. reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Tickle Labs, Inc. and it will include any steps that Tickle Labs, Inc. finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
In the event You engage in conduct breaching these provisions, Tickle Labs, Inc.’s Terms of Service or in any other way commit any other breach of this Agreement, Tickle Labs, Inc. may take ANY of the following steps: - issue a warning; - suspension of access to interaction functionalities whether temporarily or permanently, with or without further notice; - Termination of Your account, with or without previous notice; - Your access to the Website, Software, Content and Services may be temporarily or permanently blocked; - Other appropriate actions may be taken in order to prevent any further breach. You hereby comply to these terms.
TICKLE LABS, INC.’S WEBSITE, CONTENT, SOFTWARE AND SERVICES ARE ALL PROVIDED “AS IS”. TICKLE LABS, INC. DOES NOT UNILATERALLY PROVIDE ANY EXPRESS OR IMPLIED TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS. TICKLE LABS, INC., ITS EMPLOYEES, OFFICES, AGENTS OR OTHER REPRESENTATIVES ARE FURTHER NOT LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY: DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; BUSINESS OR PRIVATE LOSSES, INCLUDING: INCOME, SAVINGS, OR PROFIT LOSS, LOSS OF CONTRACT, LOSS OF GOODWILL, PARTNERSHIP(S) OR REPRESENTATION(S) LOSS, WARRANTY LOSS, DATA CORRUPTION, PERSONAL LOSS. THE AFOREMENTIONED LIMITATIONS APPLY EVEN IN THE CASE THAT TICKLE LABS, INC. HAD BEEN ADVISED OF THE POTENTIAL LOSS. TICKLE LABS, INC. DOES NOT TAKE ANY RESPONSIBILITY FOR THE UNREASONABLE BEHAVIOR OF VISITORS AND/OR THIRD PARTIES. FURTHERMORE, TICKLE LABS, INC. DOES NOT TAKE ANY RESPONSIBILITY FOR PUBLISHING ANY CONTENT, WHICH IS NOT IN ANY WAY MEANT TO CONSTITUTE AND/OR PROVIDE ANY TYPE OF PROFESSIONAL ADVICE. TICKLE LABS, INC. IS FURTHER NOT RESPONSIBLE IN ANY WAY, TO NO EXTENT IN THE UNLIKELY CASE OF SEVERE HOST AND/OR SERVER FAILURE OR BREACH, OR ANY OTHER VIS MAJOR, WHICH IS NOT IN SCOPE OF TICKLE LABS, INC. ABILITY TO CONTROL. THIS DISCLAIMER CANNOT AND WILL NOT EXCLUDE ANY WARRANTY OR LIABILITY IMPLIED BY U.S. GOVERNING LAW, WILL NOT EXCLUDE AND/OR LIMIT ANY WARRANTY OR LIABILITY WHICH IS ILLEGAL OR UNLAWFUL TO LIMIT OR EXCLUDE IN COMPLIANCE WITH U.S. APPLICABLE LAW. YOU HEREBY UNDERSTAND THIS LIABILITY LIMITATION STATEMENT, AND ARE FULLY COMPLIANT WITH IT.
Any forms you are to fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific service provided by Tickle Labs, Inc. through the App will be used only for the purposes of registration, identification and/or enabling other communication functionality.
Tickle Labs, Inc. will may occasionally, depending on your consent to do so, send information on products, Services, Special deals, promotions or Newsletters You have subscribed to. You may choose not to receive these types of communications by Opting Out. For more information, please read further to the “Consent and Opt-outs” subsection. Tickle Labs, Inc. may also send you service-related announcements on occasions if it’s necessary to do so. These communications are NOT PROMOTIONAL in nature. Tickle Labs, Inc. may also utilize Third-party e-mail delivery systems to contact you and provide You information via e-mail. These companies do NOT share or use personal information for any other purposes.
Personal information collected by Tickle Labs, Inc. is primarily used to customize Your User Experience. This may include personalized Services, communications and other Services, which are provided by Tickle Labs, Inc. Personal information may also be utilized to deliver You personalized advertisements. Advertisers however do NOT have access to Your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to Your preferences. For more information, please see the “Consent and Opt-Outs” and “Log files and Cookies” Subsections. Without allowing for access to some of your personal information, some of the functionality of the app may be limited.
Upon installing the App, it may prompt you a question on your consent towards sharing your location with the App. Location data is primarily used in order to acquire location-related, non-disclosed data used for analytics. In order to enable Location Services, you are to give permission to use your location data. This App may request limited access to your location (only while using) or full access (even in the background). Location Services uses GPS, Bluetooth, crowd-sourced Wi-Fi hotspot, and cellular towers to determine the location of your device. Your Device may use any of these internet or location-providing agents to determine your location. Please note that your location is not used in any other way than enabling some functionalities of this App to which you expressly give consent to. We would also like to stress that, location-related, non-disclosable data is not to be related to the person utilizing this application, as all location-related data are anonymized.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We strictly collect your e-mail address so we may: - Send information, respond to inquiries, and/or other requests or questions; - Process orders and to send information and updates pertaining to orders; - Send you additional information related to your product and/or service; - Market to our mailing list or continue to send emails to our clients after the original transaction has occurred. Note that this subsection only refers to the e-mails sent by Tickle Labs, Inc. Third-party authorized sellers of our App do have their separate e-mailing protocol. We comply to every provision in the CANSPAM act, which includes: - providing true and non-misleading subjects or e-mails; - Identify the message as an advertisement in some reasonable way; - Include the physical address of our business or site headquarters; - Monitor third-party email marketing services for compliance, if one is used; - Honor opt-out/unsubscribe requests quickly. - Allow users to unsubscribe by using the link at the bottom of each email.
If this Software/App is to be used for educational purposes, this subsection is to supersede all sections in which different terms are stated. In cases in which the SOPIPA act applies, all references or provisions of this agreement are to be superseded. Other subsections, if applicable for educational purposes, are to be used as supplemental terms. If information is provided to our Service by a student or parent for K-12 school purposes, by a school, school district or office of education in a respective state to which SOPIPA applies. We are not to engage in targeted advertising while using information given to us by these users, we are not to sell or sublet the content (excluding the possibility of acquisition or merger – for more information, visit the “continuity” section) nor disclose information unless to allow or improve functionality within the student’s school classroom. We take very good care of the information provided to us by these groups of users, and we will comply to requests of deletion of information upon requested by the authorized entities (such as, without limitation: schools or educational facilities falling into the scope of SOPIPA act). However, we reserve the right on using the provided information for maintenance, development, improvement, diagnosis of our service, research as allowed by governing law and under the direction of the educational facility of department of education, creation and/or usage of de-identified data in order to improve our service, to provide customized student learning and adaptive learning possibilities or marketing educational products and/or services directly to parents as long as we do not use the relevant information as mentioned in the SOPIPA act provided to us by a specific user.
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly, and as stated in the introductory clauses, all further usage of Your personal information is subject to Your FURTHER CONSENT. You therefore have the choice of denying us access or not providing us this information, either manually within the app, or on your mobile device. Please note that some aspects of the functionality of this App depends on your providing of your personal information or location. If, at any time, you would like to unsubscribe from receiving future emails, you can email us directly, or submit a request on a dedicated area of our Website or App. You may also request to unsubscribe form future e-mails by following the instructions at the bottom of each email. Upon doing so, you will be promptly removed from ALL correspondence you have been subscribed to.
Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilized to administer the site and to track Users’ movements across the App. Cookies are small pieces of data stored locally on Your Device. Session ID cookies are used and utilized to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilized to improve navigation on our site. We do not recommend restriction of cookies, because we utilize them to improve Your user experience. Clear pixels are a part of a tracking technology, in order to track the movement of the Users within the app. In contrast to Cookies, Clear Pixels are not stored on Your device. Third party advertising services, providing you with targeted advertisements according to Your preferences, according to Your behavior and searches on the Internet. We may also utilize analytic software or algorithm in order for us to gain statistics gathered from users on our App. The information advertising services or analytic software or codes collects is not, in any way, relatable to your identity, and we do not believe that it may be used to disclose your identity. Third-party behavioral tracking methods are used on our Service. Please note that any information is not relatable to any user, whether underage or of age, and we do not believe it could be used to disclose your identity.
The service reserves the right to inquiries, suspension or termination of your account in the cases of a repeated breach of these Terms of Service, with or without prior notice whatsoever. You are to abide by these restrictions, and are compliant not to: - Impersonate any person or entity whatsoever, - Solicit money from fellow users on the Service - Stalking, harassing or public humiliation of any person. - Express or imply statements of endorsement by the company without the previous consent of the company or service whatsoever, - Access the service in a jurisdiction where it is prohibited to do so, - Utilize the service in any jurisdiction whatsoever in order to commit illegal acts by the respective jurisdiction’s applicable law, - Interfere with or disrupt the Service in any way (technical or other), - Transmit material containing software viruses and other malware, - Forge headers or manipulate identifiers to disguise the origin of any information transmitted through the Service whatsoever, - Use metastases, cote, or other devices containing reference(s) to the company or the service, including all proprietary ownership and intellectual property whatsoever, - Modify, adapt, create derivative works of, translate, sale, decompile or disassemble any portion of the Service, or any software used on or for the Service, or solicit others to behave in this matter - Submit, use, transmit or distribute directly or indirectly any media, content or information directly or indirectly obtained from the Service other than solely in connection with your use of the Service, and in accordance with the Terms of Service, or other violations under the relevant applicable law.
Encryption technology is utilized to safely store Your personal information. Tickle Labs, Inc. follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but We are committed in caring for the information You share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information is kept in a secure environment. If You have any questions in regards to our Security policy, please do not hesitate to contact Us. We, as a Service, oblige ourselves to notify you via e-mail, the Website or other recognizable aspect of our App in the unlikely case of a data breach as soon as possible. You are entitled to seek redress from us in the case we do not inform you of a security breach which was within our scope of knowledge.
The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Not all products or services discussed or referenced on Tickle Labs, Inc.’s service are available to all persons or in all geographic locations or jurisdictions. Tickle Labs, Inc. reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on Tickle Labs, Inc.’s service is void where prohibited. In addition, Tickle Labs, Inc. makes no representation that materials on Tickle Labs, Inc.’s service are appropriate or available for use in locations outside U.S. jurisdiction; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access Tickle Labs, Inc.’s service from locations outside U.S. Jurisdiction do so on their own initiative and are responsible for compliance with local laws.
You hereby agree to INDEMNIFY and hold Tickle Labs, Inc. and its Representatives harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Tickle Labs, Inc.’s Website, software or Services and/or Your breach of any representation, warranty or restriction contained in this Agreement.
If You have any questions, do not hesitate to contact Us via e-mail, post or telephone number provided on Our Website.