Your access to and use of this site are subject to the following:
Your privacy is very important to us. We designed our Data Policy and Profile and Group Terms (both of which can be found below these Terms) to make important disclosures about how you can use THETUNDRA to share with others and how we collect and use your content and information to improve and provide this service to you. We encourage you to read the Data Policy and Profile and Group Terms, and to use them to help you make informed decisions.
2. Sharing Your Content and Information
We do our best to keep THETUNDRA safe, but we cannot guarantee it. We need your help to keep THETUNDRA safe, which includes the following commitments by you: 1. You will not post unauthorized commercial communications (such as spam) on THETUNDRA. 2. You will not collect users' content or information, or otherwise access THETUNDRA using automated means (such as harvesting bots, robots, spiders, or scrapers). 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on THETUNDRA. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that is: hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 8. You will not post content containing alcohol-related ads, dating or other mature content (including advertisements). 9. You will not use THETUNDRA to do anything unlawful, misleading, malicious, or discriminatory. 10. You will not do anything that could disable, overburden, or impair the proper working or appearance of THETUNDRA, including a denial of service attack or interference with page rendering or other THETUNDRA functionality (e.g., such as overwhelming the THETUNDRAFeed with content). 11. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on THETUNDRA, or create an account for anyone other than yourself without permission express permission from THETUNDRA. 2. You will not create more than one personal account. 3. If we disable your account, you will not create another one without our express permission. 4. You will keep your contact information accurate and up-to-date. 5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 6. You will not transfer your account (including any profile you administer) to anyone without first obtaining our written permission. 7. If you select a username or similar identifier for your account or profile, we reserve the right to remove or reclaim it if we believe it is inappropriate, including if it is misleading in any way (e.g., it is a celebrity name that is not your real legal name, a trademark owner complains about a username that does not closely relate to your actual name). 8. You will not override any security feature.
5. Protecting Other People's Rights
6. Mobile and Other Devices
1. We may provide you mobile applications, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. 2. In the event you change or deactivate your mobile telephone number, you will update your account information on THETUNDRA within 48 hours to ensure that your messages are not sent to the person who acquires your prior number. 3. You provide consent and all rights necessary to enable users to sync their devices with any information that is visible to them on THETUNDRA.
You acknowledge that any transactions between THETUNDRA users shall occur independent of THETUNDRA and between such users, and in some cases, such transaction may occur on a third-party website (e.g., www.ebay.com, www.craigslist.com, etc.). No exchange of money for payments to third parties shall occur directly through THETUNDRA. The parties to transactions between THETUNDRA users agree that THETUNDRA shall have no liability for the results of such transactions. If you purchase any of our paid services (“Premium Services”), you agree to pay us the applicable fees and taxes and that failure to pay these fees will result in the termination of your subscription. THETUNDRA reserves the right to charge profile membership fees, for example, for Commercial Official Profiles (i.e., Profiles created by or for a commercial entity), including establishing different fees based on various factors, including but not limited to, the size of the entity, the usage on THETUNDRA, etc. As a promotion, from time to time, THETUNDRA may waive such fees or charges for a limited period of time, but THETUNDRA reserves the right to apply such fees in the future after such promotion. Commercial Official Profile membership fees for commercial entities are waived through the earlier of 10/1/2020 or when THETUNDRA ends the promotion. Commercial Official Profile accounts are prohibited from wholesaling goods in the marketplace on THETUNDRA. Your purchase of THETUNDRA Premium Services may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Further, you authorize us to store and continue billing your payment method (e.g. credit card) to avoid interruptions in your subscription service.
8. About Advertisements and Other Commercial Content Served or Enhanced by THETUNDRA
To the extent we allow advertisers or sponsorships on THETUNDRA, our goal is to deliver sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following: 1. We do not sell our members' data. We do use data that our members authorize us to consider for purposes of placing before our members relevant ads. 2. As required by applicable law, we identify paid services and communications as such. 3. By using THETUNDRA services, you agree we can use content and information collected in accordance with the Terms as may be amended by re-posting here from time to time. By signing up for the Services and providing us with your email and/or wireless number, you confirm that you want THETUNDRA to send you information that we think may be of interest to you.
9. Special Provisions Applicable to Software and Third Party Content (e.g., RSS Feeds)
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. You may not use the THETUNDRA content in any commercial product or service without our express written consent, which may be revoked at any time. In addition, you may not create apps, extensions, or other products or services that use THETUNDRA content or information in any way. You also may not aggregate or otherwise use THETUNDRA content in a manner that serves as a substitute for THETUNDRA to any degree. You also agree not to use THETUNDRA services in any way unless expressly authorized by THETUNDRA. THETUNDRA may also make available third party content, e.g., RSS Feeds. The RSS Feeds on THETUNDRA may contain copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound (“RSS intellectual property”). That RSS intellectual property is owned and retained by its original owner. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the RSS Feed(s), in whole or in part. You may download copyrighted material for your personal, non-commercial use only, provided that you include all attribution, copyright and other notices contained in the content and that you do not modify the content. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as otherwise expressly permitted under copyright law, no other use, such as copying, reproduction, redistribution, retransmission, publication or commercial exploitation of downloaded material, will be permitted without the express permission of the RSS Feed copyright owner is permitted.
10. Special Provisions Applicable to TUNDRAVIRTUAL
1. DEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. “End User” means a host or participant who uses the TUNDRAVIRTUAL Services. 2. TUNDRAVIRTUAL SERVICES. THETUNDRA will provide the TUNDRAVIRTUAL Services as described herein and standard updates to the TUNDRAVIRTUAL Services that are made generally available by THETUNDRA on its website. THETUNDRA may, in its sole discretion, discontinue the TUNDRAVIRTUAL Services or modify the features of the TUNDRAVIRTUAL Services from time to time without prior notice. THETUNDRA reserves the right to discontinue or modify TUNDRAVIRTUAL at any time without notice, it is provided AS IS and Your use of TUNDRAVIRTUAL is at Your sole risk. 3. USE OF TUNDRAVIRTUAL SERVICES AND YOUR RESPONSIBILITIES. You may only use the TUNDRAVIRTUAL Services pursuant to the terms of this website. You are solely responsible for Your and, if you are the host of a TUNDRAVIRTUAL event, Your End Users’ use of the TUNDRAVIRTUAL Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the TUNDRAVIRTUAL Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the TUNDRAVIRTUAL Services is void where prohibited. a. Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain TUNDRAVIRTUAL Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party. Notwithstanding any provision to the contrary, You agree that the email you use to register for a TUNDRAVIRTUAL event may be shared with the TUNDRAVIRTUAL event host and that other attendees of the event may see your TUNDRA online identity as a participant in the TUNDRAVIRTUAL event. b. Your Content. You agree that You are solely responsible for the content ("Content") sent or transmitted by You or displayed or uploaded by You in using the TUNDRAVIRTUAL Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to THETUNDRA and that such use does not violate or infringe on any rights of any third party. Under no circumstances will THETUNDRA be liable in any way for any (i) Content that is transmitted or viewed while using the TUNDRAVIRTUAL Services, (ii) errors or omissions in the Content, or (iii) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. THETUNDRA expressly disclaims any responsibility and liability for events held using the Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code, all of which are the responsibility of event organizer. Although THETUNDRA is not responsible for any Content, THETUNDRA may delete any Content, at any time without notice to You, if THETUNDRA becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the TUNDRAVIRTUAL Services. You understand and agree that THETUNDRA, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to Content to conform and adapt those to the technical requirements of connection networks, devices, services, or media. c. Recordings. You are responsible for compliance will all recording laws. The host can choose to record THETUNDRA meetings and Webinars. By using the TUNDRAVIRTUAL Services, you are giving THETUNDRA consent to store recordings for any or all THETUNDRA meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar.
If you violate the letter or spirit of this Statement (including, but not limited to, using TheTundra in a manner inconsistent with TheTundra's interests), or otherwise create risk or possible legal exposure for us or for any other reason in THETUNDRA's sole discretion, we can stop providing all or part of THETUNDRA services to you. We may also delete your account at any time and for any reason, in our sole discretion, including, but not limited to, if legal requirements make it unreasonable for THETUNDRA to continue to offer services to you or if your continued usage is contrary to the interest of TheTundra and its members. Any amounts owed to THETUNDRA prior to termination remain owed after termination.
1. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof. Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with THETUNDRA and limits the manner in which you can seek relief from THETUNDRA. Both you and THETUNDRA acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, THETUNDRA's officers, directors, advisors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. (a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in LOS ANGELES County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. (b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. THETUNDRA will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. THETUNDRA will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. (c) Small Claims Court; Infringement. Either you or THETUNDRA may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. (d) Waiver of Jury Trial. YOU AND THETUNDRA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and THETUNDRA are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and THETUNDRA over whether to vacate or enforce an arbitration award, YOU AND THETUNDRA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. (e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor THETUNDRA is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. (f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 9903 Santa Monica Blvd #376 Beverly Hills, CA 90212 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement. (g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or THETUNDRA to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and THETUNDRA agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls. (h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with THETUNDRA. (i) Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the THETUNDRA may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and THETUNDRA agree that these Terms are the complete and exclusive statement of the mutual understanding between you and THETUNDRA, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of THETUNDRA, and you do not have any authority of any kind to bind THETUNDRA in any respect whatsoever. You and THETUNDRA agree there are no third-party beneficiaries intended under these Terms.
2. You agree that you are financially responsible for any claim against us arising from any content you provide. If anyone brings a claim against us related to your actions, content or information on THETUNDRA, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on THETUNDRA and are not responsible for the content or information users transmit or share on THETUNDRA We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on THETUNDRA We are not responsible for the conduct, whether online or offline, of any user of THETUNDRA. 3. WE TRY TO KEEP THETUNDRA UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THETUNDRA 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THETUNDRA WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THETUNDRA WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THETUNDRA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THETUNDRA EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THETUNDRA WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THETUNDRA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with THETUNDRA outside the United States: 1. You consent to having your personal data transferred to and processed in the United States. 2. You will not use THETUNDRA if you are prohibited from receiving products, services, or software originating from the United States.
15. Special Provisions Regarding Sweepstakes and Contests
1. By "THETUNDRA" or” THETUNDRA services” or “we” we mean the features and services we may make available, including through our website at www.TheTundra.com and any other THETUNDRA branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions). THETUNDRA reserves the right to designate, in its sole discretion, that certain of our services are governed by separate terms and not these Terms. 2. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with THETUNDRA. 3. By "content" we mean anything you or other users post, provide or share using THETUNDRA services. 4. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from THETUNDRA or provide to THETUNDRA. 5. By "post" we mean post on THETUNDRA or otherwise made available by using THETUNDRA. 6. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
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