Introduction
Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at tusseau.xyz and the content and functionalities accessible via the Site (collectively, the “Site”) offered by Tusseau, Inc. (“Tusseau”).
For purposes of these Terms, “user”, “you”, and “your” mean you as the user of the Service.
If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
1. Agreement to Terms.
By using our Site, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site.
2. Privacy Policy.
Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect and use your information.
3. Changes to these Terms or the Site.
Tusseau reserves the right to modify or amend these terms and conditions at any time without prior notice. Continued use of the website after any such changes shall constitute acceptance of the modified terms.
4. Who May Use the Site?
You may use the Site only if you are 18 years or older and capable of forming a binding contract with Tusseau, and not otherwise barred from using the Site under applicable law.
5. Feedback.
We welcome feedback, comments, and suggestions for improvements to the Site (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Site or in any such Feedback. You agree that Tusseau may useand disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Tusseau any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
6. Tusseau’s Intellectual Property.
You acknowledge and agree that Tusseau owns all legal right, title and interest in and to all elements of the Site, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the website (collectively, the “Tusseau Materials”)). You acknowledge that the Tusseau Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Tusseau Materials are the copyrighted property of Tusseau , and all trademarks, service marks, and trade names associated with the Site or otherwise contained in the Tusseau Materials are proprietary to Tusseau. Your use of the Site does not grant you ownership of or any other rights with respect to any content, code, data, or other Tusseau Materials that you may access on or through the Site. We reserve all rights in and to the Tusseau Materials. For the sake of clarity, you understand and agree: (a) that your acces to the Site does not give you any rights or licenses in or to the Tusseau Materials (including, without limitation, our copyright in and to the associated Art); (b) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Tusseau Materials (including, without limitation, any Art) ; and (c) that you will not apply for, register, or otherwise use or attempt to use any Tusseau trademarks or service marks, or any confusingly similar marks, anywhere in the world.
You acknowledge and agree that the Site and the information found on the Site are and shall remain the property of Tusseau and are protected by copyright, trademark, and/or other proprietary rights and laws.
You agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the information found on this Site. Trade names, trademarks, and service marks of Tusseau include, without limitation, “Tusseau”, « tusseau.xyz » and any associated logos.
The trade names, trademarks, and service marks owned by Tusseau, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Tusseau’s trade names, trademarks, or service marks.
7. General Prohibitions and Tusseau’s Enforcement Rights.
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Web site and/or any information available via this Web site. In addition, your use of the Web site is conditioned on your compliance with the following rules of conduct.
You agree not to do any of the following:
(a) Use, display, mirror or frame the Site or any individual element within the Site, Site’s name, any Tusseau trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page;
(b) Access, tamper with, or use non-public areas of the Site, Tusseau’s computer systems, or the technical delivery systems of Tusseau;
(c) Attempt to probe, scan or test the vulnerability of any Tusseau’s system or network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tusseau to protect the Site;
(e) Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tusseau or other generally available third-party web browsers;
(f) Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
(h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
(i) Impersonate or misrepresent your affiliation with any person or entity;
(j). Use the Site that could damage, disable, overburden, or impair the functioning of the Site in any manner; Interfere with or disrupt the operation of the Site ;
(k) Violate any applicable law or regulation; Use the Site for any fraudulent or unlawful purpose ; or
(l) Encourage or enable any other individual to do any of the foregoing.
8. Warranty Disclaimers.
You acknowledge and agree that Tusseau owns all legal right, title and interest in and to all elements of the Site, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the website (collectively, the “Tusseau Materials”)). You acknowledge that the Tusseau Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Tusseau Materials are the copyrighted property of Tusseau , and all trademarks, service marks, and trade names associated with the Site or otherwise contained in the Tusseau Materials are proprietary to Tusseau. Your use of the Site does not grant you ownership of or any other rights with respect to any content, code, data, or other Tusseau Materials that you may access on or through the Site. We reserve all rights in and to the Tusseau Materials. For the sake of clarity, you understand and agree: (a) that your acces to the Site does not give you any rights or licenses in or to the Tusseau Materials (including, without limitation, our copyright in and to the associated Art); (b) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Tusseau Materials (including, without limitation, any Art) ; and (c) that you will not apply for, register, or otherwise use or attempt to use any Tusseau trademarks or service marks, or any confusingly similar marks, anywhere in the world.
You acknowledge and agree that the Site and the information found on the Site are and shall remain the property of Tusseau and are protected by copyright, trademark, and/or other proprietary rights and laws.
You agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the information found on this Site. Trade names, trademarks, and service marks of Tusseau include, without limitation, “Tusseau”, « tusseau.xyz » and any associated logos.
The trade names, trademarks, and service marks owned by Tusseau, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Tusseau’s trade names, trademarks, or service marks.
8. Warranty Disclaimers.
You understand and acknowledge that while we make reasonable endeavours to ensure the accuracy of the information that we provide, and which in turn, is provided to you, neither we nor any of our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information.
The tusseau.xyz Site is provided on an "as is" and "as available" basis, with no further promises made by us around availability of the tusseau.xyz Site. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
9. Indemnity.
You will indemnify, defend and hold harmless Tusseau and its officers, directors, employees, representatives and agents, from and against any claims, disputes, demands, liabilities, damages of any kind or nature, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use/misuse of the Site, or (b) your violation or breach of any term of these Terms or applicable law (c) your negligence or wilful misconduct, (d) any improper or unauthorized use of the information found on this Site by you; or (e) Any infringement or misappropriation of intellectual property rights, including but not limited to patents, trademarks, copyrights, or trade secrets, arising from your use of the Site; (f) any Feedback you provide.
10. General Terms.
(a) Reservation of Rights. Tusseau exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Tusseau and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Tusseau and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Tusseau’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Tusseau may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Tusseau under these Terms will be given by posting to the Site.
(d) Waiver of Rights. Tusseau’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tusseau. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
11. Contact Information.
If you have any questions about these Terms or the Site, please contact Tusseau at [ tusseau@tusseau.xyz ].
