User Agreement

The TNL.net site (“ the Site”) is pro­vided by Tris­tan Louis (“TNL”), sub­ject to your com­pli­ance with the terms and con­di­tions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

TNL MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.

YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copy­right, Licenses and Idea Submissions.

Domes­tic and Inter­na­tional copy­right and trade­mark laws pro­tect the entire con­tents of the Site. The owner of the intel­lec­tual prop­erty, copy­rights and trade­marks is Tris­tan Louis or other third party licen­sors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT PRIOR AUTHORIZATION FROM TNL. IN CERTAIN CASES, SUCH AUTHORIZATION MAY BE AVAILABLE UNDER A CREATIVE COMMONS LICENSE.

You may print and down­load por­tions of mate­r­ial from the dif­fer­ent areas of the Site solely for your own non-commercial use pro­vided that you agree not to change or delete any copy­right or pro­pri­etary notices from the mate­ri­als. You agree to grant to TNL a non-exclusive, royalty-free, world­wide, sub­li­cens­able, per­pet­ual license, with the right to sub-license, to repro­duce, dis­trib­ute, trans­mit, cre­ate deriv­a­tive works of, pub­licly dis­play and pub­licly per­form any mate­ri­als and other infor­ma­tion (includ­ing, with­out lim­i­ta­tion, ideas con­tained therein for new or improved prod­ucts and ser­vices) you sub­mit to any pub­lic areas of the Site (such as bul­letin boards, forums and news­groups) or by e-mail to TNL by all means and in any media now known or here­after developed.

You also grant to TNL the right to use your name in con­nec­tion with the sub­mit­ted mate­ri­als and other infor­ma­tion as well as in con­nec­tion with all adver­tis­ing, mar­ket­ing and pro­mo­tional mate­r­ial related thereto. You agree that you shall have no recourse against TNL for any alleged or actual infringe­ment or mis­ap­pro­pri­a­tion of any pro­pri­etary right in your com­mu­ni­ca­tions to TNL.

If you believe that con­tent appear­ing on the TNL.net site con­stitues copy­right infringe­ment of another party’s rights, please con­tact Tris­tan Louis.

2. Trade­marks

TNL.net, Tris­tan Louis and/or any other names of TNL or its Web sites, pub­li­ca­tions, prod­ucts, con­tent or ser­vices ref­er­enced herein or on the Site are the exclu­sive trade­marks or ser­vice­marks of TNL.net, includ­ing the “look and feel” of the Site, TNL.net’s color com­bi­na­tions, lay­out, and all other graph­i­cal elements.

Any use of our trade­marks is strictly pro­hib­ited with­out our express per­mis­sion. Other prod­uct and com­pany names men­tioned in the Site may be the trade­marks of their respec­tive owners.

3. Use of the Site

You under­stand that, except for infor­ma­tion, prod­ucts or ser­vices clearly iden­ti­fied as being sup­plied by TNL.net, TNL.net does not oper­ate, con­trol or endorse any infor­ma­tion, prod­ucts or ser­vices on the Inter­net in any way. Except for TNL.net-identified infor­ma­tion, prod­ucts or ser­vices, all infor­ma­tion, prod­ucts and ser­vices offered through the Site or on the Inter­net gen­er­ally are offered by third par­ties that are not affil­i­ated with TNL.net.

You are respon­si­ble for imple­ment­ing suf­fi­cient pro­ce­dures and check­points to sat­isfy your par­tic­u­lar require­ments for accu­racy of data input and out­put, and for main­tain­ing a means exter­nal to the Site for the recon­struc­tion of any lost data.

In con­nec­tion with your use of the Site, you agree you will not:

• a) Trans­mit any mes­sage, infor­ma­tion, data, text, soft­ware or images, or other con­tent (“Mate­r­ial”) that is unlaw­ful, harm­ful, threat­en­ing, abu­sive, harass­ing, tor­tious, defam­a­tory, vul­gar, obscene, libelous, or oth­er­wise objec­tion­able that may invade another’s right of pri­vacy or publicity;
• b) Imper­son­ate any per­son or entity, includ­ing but not lim­ited to Tris­tan Louis or falsely state or oth­er­wise mis­rep­re­sent your affil­i­a­tion with a per­son or entity;
• c) Post or trans­mit any Mate­r­ial that you do not have a right to repro­duce, dis­play or trans­mit under any law or under con­trac­tual or fidu­ciary rela­tion­ships (such as nondis­clo­sure agreements);
• d) Post or trans­mit any Mate­r­ial that con­tains a virus or cor­rupted data;
• e) Delete any author attri­bu­tions, legal notices or pro­pri­etary des­ig­na­tions or labels that you upload to any com­mu­ni­ca­tion feature;
• f) Use the Site’s com­mu­ni­ca­tion fea­tures in a man­ner that adversely affects the avail­abil­ity of its resources to other users (e.g., exces­sive shout­ing, use of all caps, or flood­ing con­tin­u­ous post­ing of repet­i­tive text);
• g) Post or trans­mit any unso­licited adver­tis­ing, pro­mo­tional mate­ri­als, “junk mail”, “spam”, “chain let­ters”, “pyra­mid schemes” or any other form of solic­i­ta­tion or any non-resume infor­ma­tion such as opin­ions or notices, com­mer­cial or otherwise;
• h) Vio­late any applic­a­ble local, state, national or inter­na­tional law;

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.

TNL.NET PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND TNL.NET SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. TNL.NET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL TNL.NET BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.

EVEN IF TNL.NET OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN SUCH STATES, TNL.NET’S LIABILITY IS LIMITED TO THE SMALLEST EXTENT PERMITTED BY LAW.

4. Equip­ment

You shall be respon­si­ble for obtain­ing and main­tain­ing all tele­phone, com­puter hard­ware and other equip­ment needed for access to and use of the Site and all charges related thereto.

5. Indem­ni­fi­ca­tion

You agree to indem­nify, defend and hold harm­less tnl.net, Tris­tan Louis, and any third party infor­ma­tion providers to the Site from and against all losses, expenses, dam­ages and costs, includ­ing attor­neys’ fees, result­ing from any vio­la­tion of this Agree­ment (includ­ing neg­li­gent or wrong­ful con­duct) by you or your use and access of the Site.

6. Third Party Rights

The pro­vi­sions of para­graphs 3 (Use of the Site), and 5 (Indem­ni­fi­ca­tion) are for the ben­e­fit of TNL.net, Tris­tan Louis, and any third party infor­ma­tion providers to the Site. Each of these indi­vid­u­als or enti­ties shall have the right to assert and enforce those pro­vi­sions directly against you on its own behalf.

7. Term; Termination

Either party with­out notice may ter­mi­nate this Agree­ment at any time for any rea­son. The pro­vi­sions of para­graphs 1 (Copy­right, Licenses and Idea Sub­mis­sions), 3 (Use of the Site), 5 (Indem­ni­fi­ca­tion), 6 (Third Party Rights) and 11 (Mis­cel­la­neous) shall sur­vive any ter­mi­na­tion of this Agreement.

8. Spe­cial Admo­ni­tions for Inter­na­tional Use

Rec­og­niz­ing the global nature of the Inter­net, you agree to com­ply with all local rules includ­ing, with­out lim­i­ta­tion, rules about the Inter­net, data, e-mail, or pri­vacy. Specif­i­cally, you agree to com­ply with all applic­a­ble laws regard­ing the trans­mis­sion of tech­ni­cal data exported from the United States or the coun­try in which you reside.

9. Deal­ings with Third Parties.

Your par­tic­i­pa­tion, cor­re­spon­dence or busi­ness deal­ings with any third party found on or through the Site, regard­ing the pay­ment and deliv­ery of related goods or ser­vices, and any other terms, con­di­tions, war­ranties or rep­re­sen­ta­tions asso­ci­ated with such deal­ings, are solely between you and such third party. You agree that TNL.net shall not be respon­si­ble or liable for any loss, dam­age or other mat­ters of any sort incurred as the result of any such dealings.

10. Links

The Site may pro­vide, or third par­ties may pro­vide, links to non-TNL.net sites or resources. Because TNL.net has no con­trol over such sites and resources, you acknowl­edge and agree that TNL.net is not respon­si­ble for the avail­abil­ity of such exter­nal sites or resources, and does not endorse and is not respon­si­ble or liable for any con­tent, adver­tis­ing, prod­ucts, or other mate­ri­als on or avail­able from such sites or resources. You fur­ther acknowl­edge and agree that TNL.net shall not be respon­si­ble or liable, directly or indi­rectly, for any dam­age or loss caused or alleged to be caused by or in con­nec­tion with use of or reliance on any such con­tent, goods or ser­vices avail­able on or through any such site or resource.

11. Mis­cel­la­neous

This Agree­ment shall all be gov­erned and con­strued in accor­dance with the laws of the State of New York applic­a­ble to agree­ments made and to be per­formed in New York. You agree that any legal action or pro­ceed­ing between TNL.net and you for any pur­pose con­cern­ing this Agree­ment or the par­ties’ oblig­a­tions here­un­der shall be brought exclu­sively in a fed­eral or state court of com­pe­tent juris­dic­tion sit­ting in the county of Man­hat­tan state of New York, United States.

Any cause of action or claim you may have with respect to the Site must be com­menced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TNL.net’s fail­ure to insist upon or enforce strict per­for­mance of any pro­vi­sion of this Agree­ment shall not be con­strued as a waiver of any pro­vi­sion or right. Nei­ther the course of con­duct between the par­ties nor trade prac­tice shall act to mod­ify any pro­vi­sion of this Agree­ment. TNL.net may assign its rights and duties under this Agree­ment to any party at any time with­out notice to you.

Any rights not expressly granted herein are reserved.