Tixr provides services for businesses to acquire new customers and monetize content using our website, software, applications, web tools, share buttons and widgets (collectively, the “Service”).
Whenever you use the Service, these Terms of Service (“terms”) apply to you. If you do not agree to all of these terms, please do not use the Service.
In these terms, “Tixr” or “we” refers to Tixr, Inc., and “you” means the person using the Service. If you open an account on behalf of a company, organization, or other entity, then “you” includes you and that entity.
Tixr grants you a non-exclusive, non-transferable, non-sublicensable, freely revocable right to use the Service as described in these terms, subject to all of our policies and requirements.
Tixr retains all right, title and interest in the Service, trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications. Aside from the license granted in the paragraph above, Tixr does not grant you any other license, express or implied. Tixr reserves all rights not expressly granted hereunder, including the right to continually evolve the Service and all related technologies.
If you are using the Service on behalf of a company, organization or other entity, you represent and warrant that you are authorized to grant all permissions and licenses provided in these terms and bind the entity to these terms, and that you agree to these terms on the entity's behalf.
You own all right, title and interest in your profile information and other content or information you provide to us in connection with your use of the Service (“Customer Content”).
You hereby grant to Tixr, and you represent and warrant that you have all rights necessary to grant, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any Customer Content for the purposes of:
You also hereby grant to Tixr the right to use your name and logo on our website and other materials to identify you as our customer for our business purposes, including marketing, case studies and customer references.
Tixr provides technology to implement different kinds of marketing initiatives and strategies for acquiring customers to your site, to your mailing list, to your customer database and to your business in general.
The laws governing online marketing vary widely from region to region and are also subject to ongoing evolution within particular geographies based on the legislative priorities and precedents of those regions. For example, anti-spam email requirements vary widely across different regions and can change from month to month or year to year.
Your use of Tixr must comply with all laws that apply to you.
It is your responsibility to be informed about the laws that apply to you.
Tixr does not make any guarantees or warrantees that the Tixr platform conforms to any specific legal requirements of any particular city, state, country, or other regional reference or jurisdiction.
Tixr does not make any guarantees or warrantees that the Tixr platform conforms to any specific legal requirements at any instance in time in the ongoing evolution of online marketing legislation.
It is your responsibility to be informed of such laws and to ensure that your use of Tixr's technology does not violate such laws.
You agree to indemnify, defend and hold Tixr harmless if your use of Tixr technology results in a breach of any laws even if such breach is inadvertent and/or accidental and even if it is held that Tixr had an independent obligation to comply.
Without limiting the foregoing, in the event Tixr provides you with the email addresses it obtains from users of Tixr services, you will:
In addition to your other responsibilities under these terms, you must:
The Service may include services that are provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges.
The Service may include services that are available on a subscription basis. If you enter into a subscription with us, you will be responsible for paying all fees due for the full term of your subscription, whether or not you cancel such subscription prior to the end of such term. The term of your subscription will automatically renew for additional successive terms equal to the period of your initial term, unless you provide us with written notice of your intent not to renew your subscription at least thirty (30) days prior to the end of the then-current subscription term.
In the event you cancel a paid service or subscription, you will not receive any refund or credits for any unused time on a subscription, or fees for any portion of the Service or for anything else.
We offer the ability to post Customer Content on our website, your website and third party websites, including through the use of comments, share buttons and share widgets. You are 100% responsible and liable for all Customer Content you post, including its accuracy, lawfulness and truthfulness. All Customer Content you post must comply with any content policies we post to our website or otherwise provide to you. We reserve the right to delete any Customer Content at anytime, for any or no reason.
Tixr or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks, service marks and other intellectual property or proprietary rights contained on or used in connection with the Site. Except as set forth in these terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.
If you submit comments, suggestions, feedback, or ideas about the Service, including possible improvements to the Service (“Feedback”), we own any Feedback you provide, and may use it without restriction and without any compensation, attribution or accounting to you.
You are responsible for paying any sales, excise, service, use or other taxes in connection with or arising from the Service and/or these terms, excluding taxes based upon our net income.
You will indemnify, defend, and hold harmless Tixr, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entities in any way arising out of or relating to this Agreement, your use of the Service or your Customer Content. Tixr reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT REPRESENT THAT THE SERVICE WILL BE SECURE, CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet businesses, our Service is vulnerable to downtime (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) caused by malicious attacks, (4) for previously scheduled maintenance or (5) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located. We make no service level guarantees about the website or Service.
THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO MERCHANT WEBSITES, THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING MERCHANT AND OTHER THIRD PARTY LINKS, WEBSITES, ETC. YOU ARE SOLELY RESPONSIBLE FOR ANY OFFERS, PROMOTIONS, OR OTHER CONTENT YOU TRANSMIT OR DISPLAY THROUGH, OR USING, THE SERVICE, AND THE COVERED ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR SUCH CONTENT
We reserve the right to suspend or terminate your access to the Service and/or your account at any time for any or no reason. This is not our exclusive remedy under any circumstances. This Agreement will survive termination or suspension of your access to the Service and/or closure of your account.
If any provision of these terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.