These Terms of Use ("Statement" or "Terms") are our terms of service that govern our relationship with users and others who interact with TheTundra.com, Inc. and its website www.TheTundra.com (together “THETUNDRA”). By using or accessing the THETUNDRA services, you agree to this Statement, as may be updated from time to time by posting a revised Terms of Use on this website. These changes can be made for any reason and is solely decided by THETUNDRA. The posted change will take effect immediately upon publication. You agree that your continued use of the THETUNDRA website after the posted revised Terms of use will constitute your acceptance of the Terms of Use and that you are of a legal age to use TheTundra (i.e., at least 13 years old in United States). Because THETUNDRA provides a wide range of services, we may ask you to review and accept (by continued use) supplemental terms that apply to your interaction with a specific service. To the extent those supplemental terms conflict with this Statement, the supplemental terms associated with the service govern with respect to your use of such app, product or service to the extent of the conflict.
Your access to and use of this site are subject to the following:
1. Privacy
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
You own all of the content and information you post on THETUNDRA (assuming you complied with all applicable laws in the creation of that content). In addition: 1. For content that is covered by intellectual property rights, such as stories, photos and videos (IP content), you specifically provide us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use in any fashion any IP content, or portion thereof, that you post on or in connection with THETUNDRA (IP License). 2. You acknowledge that any transaction between users shall occur independently between such users, and in some cases, such transaction may occur on a third-party website (i.e., www.ebay.com, www.craigslist.com, etc.). As such, you are encouraged to review the data policies for these third-party websites for a complete understanding of their data storing and sharing practices. THETUNDRA has no knowledge of, or control over, such data storing and sharing practices, and makes no warranty or representation regarding the same. You agree that, THETUNDRA, its officers, directors, shareholders and employees will not be liable for any damages, under any law, arising out of the use or inability to use this website or anything accessed through this website. You agree that THETUNDRA is not liable to you or anyone else based on reliance on information obtained from THETUNDRA, this website, or a third party featured on this website. You agree that THETUNDRA is not liable for mistakes, omissions, interruptions deletions of files or e-mails, errors, defects, viruses, delays in operations or transmission of any failure of performance, whether or not resulting from acts of god, communication failures, theft, destruction or unauthorized access to THETUNDRA's records or tampering with THETUNDRA’s website or services. 3. When you publish a post (including your Profile), it means that you are allowing everyone, including people not registered with THETUNDRA and search engines, to access and use that information and to associate it with you. 4. We always appreciate your feedback or other suggestions about THETUNDRA, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them. 5. THETUNDRA is not a storage service. You agree that, except as required by law, we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide and that THETUNDRA will alter and compress the size of any images or content you upload; thus, you must retain in your possession and not on THETUNDRA the original file you upload in order to preserve the original quality. THETUNDRA reserves the right to limit the amount of content you upload and to change that limit from time to time. Currently, THETUNDRA limits each user's stored content to 10 gigabits of data. 6. THETUNDRA generally does not review content provided by users. You agree that we are not responsible for third parties' (including other users') content or information or for any damages as result of your use of or reliance on it. You are responsible for deciding if you want to access or use third party apps or sites that link from THETUNDRA. 7. You shall not collect, use, copy, or transfer any information obtained from THETUNDRA or use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” or “mirror” or “frame” THETUNDRA or any related data or information. 8. You acknowledge and agree, to the fullest extent of the law, that the entire risk arising out of access to and use of THETUNDRA services, including the website, remains with you. By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless THETUNDRA, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of THETUNDRA in any way.
3. Safety
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
We respect other people's rights, and expect you to do the same. 1. You will not post content or take any action on THETUNDRA that infringes or violates someone else's rights or otherwise violates the law. 2. We can remove any content or information you post on THETUNDRA if we believe that it violates this Statement or our policies, which may revise in our sole discretion from time to time. 3. We provide you with tools to help you protect your intellectual property rights, such as the following: If you believe someone is using your copyrighted work without your permission, you may contact our designated agent (“Designated Agent”) at the following address: TheTundra, Inc. ATTN: Copyright Agent, Legal Department 9903 Santa Monica Blvd #376 Beverly Hills, CA 90212-167; copyrightagent@TheTundra.com Please be sure to include a complete copyright claim in your report with the following information: · Identification of the work or material that you claim has been infringed. If this material exists online, please provide a URL; · Identification of the material that is claimed to be infringing, including its location on the THETUNDRA network, with sufficient detail so that THETUNDRA is capable of finding the material and verifying its existence (i.e., URL); · Contact information, including your name, 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 law; · A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf; · A physical or electronic signature of the owner of the copyright that has been allegedly infringed or a person authorized to act on behalf of the owner. If you are asserting infringement of trademark, please follow the same procedure above, and, if applicable, include your trademark registration and/or application number(s). Users subject to a trademark notice may submit an appeal to our Designated Agent, along with any relevant material you wish THETUNDRA to consider. If you are asserting a claim against counterfeit products found on THETUNDRA, please submit a notice to our Designated Agent with the following information: · An identification of the claimed intellectual property rights in question (please include the specific URL, and a description of the product in question); · A statement that declares you have a good faith belief that the item is counterfeit; · A statement that declares that you have examined said item to determine its authenticity; · A statement that provides the reasons you believe the item to be counterfeit; · If you have had contact with the other party, the result of such contact; · Include the following statement: “I have a good faith belief that the information in this notification is accurate and that I am authorized to make such statements on behalf of the intellectual property rights owner.”; · A physical or electronic signature of the personal authorized to act on behalf of the intellectual property rights owner, along with their name, title, company name, address and telephone number. 4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 5. If you infringe other people's intellectual property rights, we will disable your account when appropriate. 6. If you collect information from users, you will: obtain their consent, make it clear you (and not THETUNDRA) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. 7. You will not post anyone's identification documents or sensitive financial information on THETUNDRA.
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.
7. Payments
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. With respect to participation in TUNDRAVIRTUAL events sponsored by THETUNDRA, you authorize THETUNDRA to copyright, publish and display the content of the TUNDRAVIRTUAL event in print/book publication and/or electronically as Internet and/or broadcast content and agree that THETUNDRA sponsored event is a work product owned by THETUNDRA, that THETUNDRA is the author, and that THETUNDRA has exclusive worldwide right and all subsidiary rights in and to the event. d. Prohibited Use. You agree that You will not use, and will not permit any End User to use, the TUNDRAVIRTUAL Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the TUNDRAVIRTUAL Services; (ii) knowingly or negligently use the TUNDRAVIRTUAL Services in a way that abuses, interferes with, or disrupts THETUNDRA’s networks, Your accounts, or the TUNDRAVIRTUAL Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the TUNDRAVIRTUAL Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the TUNDRAVIRTUAL Services; or (vi) use the TUNDRAVIRTUAL Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the TUNDRAVIRTUAL Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of THETUNDRA or other users of TUNDRAVIRTUAL Services; (viii) engage in any activity or use the TUNDRAVIRTUAL Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the TUNDRAVIRTUAL Services, or any servers or networks connected to the TUNDRAVIRTUAL Services or THETUNDRA's security systems or in THETUNDRA’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose THETUNDRA or its users to any harm or liability of any type, (ix) use the TUNDRAVIRTUAL Services in violation of any THETUNDRA policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations. e. Limitations on Use. You may not reproduce, resell, or distribute the TUNDRAVIRTUAL Services or any reports or data generated by the TUNDRAVIRTUAL Services for any purpose unless You have been specifically permitted to do so under a separate agreement with THETUNDRA. You may not offer or enable any third parties to use the TUNDRAVIRTUAL Services, display on any website or otherwise publish the TUNDRAVIRTUAL Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the TUNDRAVIRTUAL Services or use the TUNDRAVIRTUAL Services for the development, production or marketing of a service or product substantially similar to the TUNDRAVIRTUAL Services. 3. RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the TUNDRAVIRTUAL Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any THETUNDRA policies. THETUNDRA assumes no responsibility or liability for violations. Event hosts and other organizers using THETUNDRAVIRTUAL are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of THETUNDRA. THETUNDRA is not the creator, organizer or owner of the events hosted using the Services. If You become aware of any violation of this Agreement in connection with use of the TUNDRAVIRTUAL Services by any person, please contact THETUNDRA at Legal Department@THETUNDRA.com. THETUNDRA may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will THETUNDRA be liable in any way for any data or other content viewed while using the TUNDRAVIRTUAL Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. 4. THETUNDRA Obligations for Content. THETUNDRA will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. THETUNDRA will notify You if it becomes aware of unauthorized access to Content. THETUNDRA will not access, view or process Content except (a) as provided for in this Agreement and in THETUNDRA’s Privacy Policy; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. THETUNDRA has no other obligations with respect to Content. 5. ELIGIBILITY. You affirm that You are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Although we cannot absolutely control whether minors gain unauthorized access to the TUNDRAVIRTUAL Services, access may be terminated without warning if we believe that You are underage or otherwise ineligible. 6. CHARGES AND CANCELLATION. Charges for TUNDRAVIRTUAL Services may be waived for promotional/introductory purposes and on a case-by-case basis. When charges are in place and applicable, You agree that THETUNDRA may charge to Your credit card or other payment mechanism selected by You and approved by THETUNDRA ("Your Account") all amounts due and owing for the TUNDRAVIRTUAL Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. THETUNDRA may change prices at any time, including changing from a free service to a paid service and charging for TUNDRAVIRTUAL Services that were previously offered free of charge; provided, however, that THETUNDRA will provide you with prior notice and an opportunity to terminate Your Account if THETUNDRA changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have not already ordered service and have been notified of the applicable fees and agreed to pay such fees. You agree that in the event THETUNDRA is unable to collect the fees owed to THETUNDRA for the TUNDRAVIRTUAL Services through Your Account, THETUNDRA may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by THETUNDRA in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that THETUNDRA may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for. 7. TERMINATION. If you have purchased TUNDRAVIRTUAL Services for a specific term, such termination will be effective on the last day of the then-current term. If You fail to comply with any term of service, THETUNDRA may terminate TUNDRAVIRTUAL Services immediately and retain any fees previously paid by You. Upon any termination of Services under these terms, You must cease any further use of the TUNDRAVIRTUAL Services. If at any time You are not happy with the TUNDRAVIRTUAL Services, Your sole remedy is to cease using the TUNDRAVIRTUAL Services and follow this termination process. 8. PROPRIETARY RIGHTS. THETUNDRA and/or its suppliers, as applicable, retain ownership of all proprietary rights in the TUNDRAVIRTUAL Services and in all trade names, trademarks, service marks, logos, and domain names ("THETUNDRA Marks") associated or displayed with the TUNDRAVIRTUAL Services. You may not frame or utilize framing techniques to enclose any THETUNDRA Marks, or other proprietary information (including images, text, page layout, or form) of THETUNDRA without express written consent. You may not use any meta tags or any other "hidden text" utilizing THETUNDRA Marks without THETUNDRA's express written consent. 9. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. THETUNDRA may deny access to the TUNDRAVIRTUAL Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify THETUNDRA as specified herein. 10. EXPORT RESTRICTIONS. You acknowledge that the TUNDRAVIRTUAL Services, or portion thereof may be subject to the export control laws of the United States and other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). You and your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the TUNDRAVIRTUAL Services or any related technical information or materials, directly or indirectly, in violation of any applicable export control or trade sanctions law or regulation. You represent and warrant that (i) You and your End Users are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea) and that you and your End Users will not access or use the TUNDRAVIRTUAL Services, or export, re-export, divert, or transfer the TUNDRAVIRTUAL Services, in or to such countries or territories; (ii) You and your End Users are not identified on any U.S. government restricted party lists (including without limitation the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons and Foreign Sanctions Evaders List, the U.S. Department of Commerce’s Denied Parties List, Entity List, and Unverified List, and the U.S. Department of State proliferation-related lists); and (iii) that no Content created or submitted by You or your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws. You are solely responsible for complying with the Export Control Laws and monitoring them for any modifications. 11. NO HIGH RISK USE. The TUNDRAVIRTUAL Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The TUNDRAVIRTUAL Services shall not be used for or in any HIGH RISK environment. 12. ADDITIONAL TERMS. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), including those applicable at the time you reserve or order Services, which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with all these Terms of Use as well as the Additional Terms. 13. USE OF SUB-DOMAINS. THETUNDRA may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].THETUNDRA.COM) for a given event (a “Sub-Domain”). All Sub-Domains are the sole property of THETUNDRA and we reserve the right to determine the appearance, design, functionality and all other aspects of Sub-Domains. In the event THETUNDRA provides you with access to a Sub-Domain, your right to use such Sub-Domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms. 14. DISPUTES WITH USERS. If there is a dispute between Users on this site or Services, or between Users and any third party, you agree that THETUNDRA is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release THETUNDRA, its directors, officers, employees, contractors, advisors, agents, and successors from loss, expenses, claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
11. Amendments
1. This Statement may be updated by THETUNDRA at any time by posting revised Terms of Use on this website. These changes can be made for any reason solely decided by THETUNDRA The posted change will take effect immediately upon publication. You agree that your continued use of the THETUNDRA website after the posted revised Terms of use will constitute your acceptance of the Terms of Use. 2. For sake of clarity, modification of these Terms, our policies or guidelines, shall be deemed notice to you. It is your obligation to periodically check these Terms for said modifications.
12. Termination
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.
13. Disputes
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
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 1. Promotion Description: From time to time TheTUNDRA (“Sponsor”) may run a contest ("Sweepstakes"). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. 2. Eligibility: Open only to legal residents of United States who are 18 or older. Void where prohibited or restricted by law. Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Promotion Entities"), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes or win a prize. 3. Winner Selection: The winner of the Sweepstakes will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received. Winner will be notified via email (to the email address used to enter the Sweepstakes) within 48 to 72 hours after the random drawing. Potential winner must accept a prize by email, as directed by Sponsor, within 48 hours of notification. Any winner notification not responded to within the designated time frame or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). No substitution or transfer of a prize is permitted except by Sponsor. 4. Prizes: One winner will receive one (1) Grand Prize (with a retail value or "RV" provided in the Sweepstakes). Only one prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or otherwise cannot be awarded, in whole or in part, for any reason. The RV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated RV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. Prize will only be awarded and/or delivered to addresses within United States. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize. 5. Online Entry: Enter the Sweepstakes during the Promotion Period online by registering to TheTUNDRA. Automated or robotic Entries submitted by individuals or organizations may be disqualified. Internet entry must be made by the entrant. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant's Entries, and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor will be the official timekeeper for this Sweepstakes. 6. Privacy: All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner's list. All personal information submitted as part of the Sweepstakes may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies. The privacy policy of TheTUNDRA can be found at https://theTUNDRA.com/terms-conditions#data-policy. 7. Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of submissions in the Sweepstakes. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant's or any other person's computer related to or resulting from participating downloading materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification. In the event of a dispute concerning who registered online to participate in the Sweepstakes, the registration will be declared to have been made by the authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. 8. Winner's List: To obtain a copy of any legally required winners list or a copy of the Official Rules, send the applicable request and a self-addressed, stamped, envelope to: TheTUNDRA (insert Sweepstakes name) at 9903 Santa Monica Blvd #376 Beverly Hills, CA 90210-167. Request must be received no later than 48 hours + 6 MONTHS after the end of the contest for the name of the winner, and by the end of the promotion for a copy of the Rules. 9. Sponsor: The Sweepstakes is sponsored by TheTUNDRA, 9903 Santa Monica Blvd #376 Beverly Hills, CA 90210-167, contactus@theTUNDRA.com.
16. Definitions
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.
17. Other
1. This Statement makes up the entire agreement between the parties regarding THETUNDRA, and supersedes any prior agreements. 2. If any provision of these Terms of Use is deemed unlawful, void or unenforceable, for any reason, then only that provision will be void and not the entire Terms of Use. The Terms of Use will continue to be enforceable but without that provision. THETUNDRA may revise the Terms of Use to fix this faulty provision. This revised provision is enforceable when posted on the website, as stated above. If THETUNDRA does not insist or act on any rights or remedies in these Terms of Use, it will not be interpreted by you as abandonment, by THETUNDRA of these rights or remedies and THETUNDRA can assert these rights and remedies at any time. If we fail to enforce any of this Statement, it will not be considered a waiver. 3. Any amendment to or waiver of this Statement must be made in writing and signed by us. 4. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 5. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 6. THETUNDRA will not be liable for any delay in service resulting from any cause beyond its control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime. 7. California law is the only state law that will be applied if these Terms of Use are brought before a court of law. By using this website, you agree that any dispute with THETUNDRA will be pursued in the state or federal courts located in the State of California. If you access this website from outside the United States, you are responsible for complying with the laws in that country and/or local laws. 8. THETUNDRA reserves the right, without notice and in its sole discretion, to terminate your use of this website and to block or prevent future access to and use of this website. 9. Nothing in this Statement shall prevent us from complying with the law. 10. This Statement does not confer any third party beneficiary rights. 11. We reserve all rights not expressly granted to you. 12. You will comply with all applicable laws when using or accessing THETUNDRA.
Common Message
Site Map