Tiltworks Terms of Use
Introduction
Tiltworks NC, Inc. ("Tiltworks" or "we" or "us") owns and operates this website (this "Site") which is generally intended for use by independent contractors ("Contractors" or "you") who are performing services for us. If you are using this Site, it will typically be in connection with a contract (a "Contractor Agreement") that we have awarded to you or to your employer. Please understand that your use of this Site is also governed by the terms of the Contractor Agreement to which you or your employer are a party and, in the event of any conflict between these terms of use (these "Terms") and such Contractor Agreement, the terms of the Contractor Agreement will control except as prohibited by law.
By using this Site, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of this Site. If you submit to us the necessary information to become a registered user of this Site you will also be bound by the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
1. Availability
This Service is provided by Tiltworks on an "AS IS" and "AS AVAILABLE" basis and Tiltworks reserves the right to modify, suspend or discontinue this Site, in its sole discretion, at any time and without notice. You agree that Tiltworks is and will not be liable to you for any modification, suspension or discontinuance of this Site.
2. Privacy
Tiltworks has a firm commitment to safeguarding your privacy. Please review Tiltworks' Privacy Policy. The terms of Tiltworks' privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used on this Site which identify Tiltworks or third parties and their products and services are proprietary marks of Tiltworks and/or the relevant third parties. Nothing herein shall be deemed to confer on any person any license or right on the part of Tiltworks or any third party with respect to any such image, logo or name.
4. Copyright and Trademark
Tiltworks is, unless otherwise stated, the owner of all copyright and data rights in and to this Site and its contents ("Tiltworks Content"). You represent and warrant that to the extent that you submit to us via this Site any materials ("Contractor Content") in response to a request for proposal, request for quote, request for bid or in connection with any other transaction, you are the sole owner of such Contractor Content and such Contractor Content does not infringe upon any proprietary right of any third party. You further assign to us all rights, include all copyrights, in such Contractor Content that we accept, in accordance with the Contractor Agreement that you previously executed with us. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Tiltworks Content or the Contractor Content without the express, written consent of Tiltworks. All rights not specifically granted to you in these terms of use or your Contractor Agreement are expressly reserved by Tiltworks.
5. Reporting Copyright Violations
To ensure compliance with the Digital Millennium Copyright Act ("DMCA") Tiltworks will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing Tiltworks with the following information in writing:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
(f) your physical or electronic signature.
Please send all written correspondence of alleged infringements to:
Tiltworks.com
600 Julian Lane Suite 650,
Arden, NC 28704
Attention: Copyright Agent
Email: copyrightagent@tiltworks.com
You may also contact Tiltwork’s copyright agent by fax 828-676-0714 or telephone 828-676-0718.
6. External Links
Tiltworks may provide links to third-party websites or resources. You acknowledge and agree that Tiltworks is not responsible or liable for (i) the availability or accuracy of such websites, or (ii) the content, products, or services on or available from such websites. Links to such websites or resources do not imply any endorsement by Tiltworks of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may make third-party software available through this Site. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Tiltworks be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Site or servers to this Site, or to disobey any requirements, procedures, policies or regulations of networks connected to this Sites; or provide any information to Tiltworks that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify, and hold harmless Tiltworks, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
TILTWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE, OR THE CONTENT INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TILTWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. TILTWORKS MAKES NO WARRANTY AS TO THE RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT TILTWORKS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, TILTWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF TILTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TILTWORKS’ AGGREGATE LIABILITY EXCEED FIVE HUNDRED UNITED STATES DOLLARS IN ANY YEAR. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
10. Amendment of the Terms
We reserve the right to prospectively amend these Terms from time to time, upon notice to you, in our sole discretion. We may notify you of changes to these Terms by posting a general notice on this Site or by contacting you directly. If you continue to use the Site after the effective date of any revised Terms, you will be deemed to have accepted such revisions. If you do not agree to the revised Terms, you should immediately stop using this Site.
11. General
These Terms and any Contractor Agreement constitute the entire agreement between Tiltworks and you with respect to your use of this Site. In the event of any conflict between these Terms and such Contractor Agreement, the terms of the Contractor Agreement will control except as prohibited by law. Tiltworks’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Tiltworks shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Tiltworks. These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Buncombe County in the State of North Carolina.
12. Comments
If you have any comments or questions about the Service please contact us by email at help@tiltworks.com
Section II: Additional Terms
13. Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors register to use this Site or to submit Contractor Content via this Site. You agree that the information that you provide to us upon registration is true, accurate, current and complete and that you will promptly update your information if it changes. You acknowledge that if you fail to maintain the accuracy of your registration information, Tiltworks shall not bear any liability for its failure to send you any notice required hereunder.
14. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Tiltworks of any unauthorized use of your password.
15. Submitting Content
As a registered member of the Service, you will also be granted the privilege of submitting certain types of your Content, known as "Portfolio Samples," for display on your user page visible to only Tiltworks employees. Prior to submitting Portfolio Samples, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms. Tiltworks acknowledges that Portfolio Samples do not constitute Contractor Content unless you submit Portfolio Samples to us in connection with a proposal.
16. Copyright in Your Content
Tiltworks does not claim ownership rights to your Portfolio Samples. For the sole purpose of enabling us to review your Portfolio Samples , you grant to Tiltworks a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, and display your Portfolio Samples.
17. Monitoring Content
Tiltworks has no ability to control the Portfolio Samples you may upload, post or otherwise transmit via this Site and does not have any obligation to monitor such Portfolio Samples for any purpose. You acknowledge that you are solely responsible for all Portfolio Samples and other material you upload, post or otherwise transmit using this Site.
18. Storage Policy
You acknowledge and agree that Tiltworks may, at its option, establish limits concerning your use of this Site, including without limitation, the maximum number of days that it will retain the materials that you submit via this Site, the maximum size of any files that may be stored on this Site, and the maximum disk space that will be allotted to you for the storage of your materials on Tiltworks’ servers. Furthermore, you acknowledge that Tiltworks reserves the right to terminate or suspend accounts that are inactive, in Tiltworks’ sole discretion. Tiltworks shall have no responsibility or liability for the deletion or failure to store any materials maintained on this Site and you are solely responsible for creating back-ups of any materials that you may submit. You further acknowledge that Tiltworks reserves the right to modify its storage policies from time to time, with or without notice to you.
19. Conduct
You must have the legal right to copy, distribute and display all parts of any materials that you upload and otherwise distribute and display via this Site. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, or otherwise distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Tiltworks or to facilitate the unlawful distribution of copyrighted content or illegal content;
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through this Site;
- to upload, post, or otherwise transmit any material which is likely to cause harm to Tiltworks or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this Site which may cause any defect, error, malfunction or corruption to the Service; and
- for any commercial purpose, except as expressly permitted under these Terms.
20. Suspension and Termination of Access and Membership
You agree that Tiltworks may at any time, and without notice, suspend or terminate any part of this Site, or terminate your use of this Site Site, in Tiltworks’ sole discretion.