Widget Terms of Use Agreement
This Agreement was last revised on July 31, 2009.
TipTopsm Widgets (the “Widgets”), which are published by TipTopsm Technologies, Inc. (“TipTopsm”, “we”, or “us”), allow you to provide access to information and services provided by TipTopsm from your web page. These Widget Terms of Use govern your use of the Widgets. The use of the Widgets also is subject to the terms and conditions of the TipTopsm Terms of Use and Privacy Policy, which governs the use of the TipTopsm Service. Capitalized terms not defined herein will be defined in the TipTopsm Terms of Use or Privacy Policy. By accessing or using the Widgets, you signify that you have read, understood, and agree to be bound by this Widget Terms of Use Agreement (“Widget Agreement”) and the TipTopsm Terms of Use, whether or not you are a registered user of our Service.
We reserve the right to amend this Widget Agreement at any time and without notice. If we do this, we will post the amended Widget Agreement on this page and indicate at the top of the page the date the Widget Agreement was last revised. Your continued use of the Widgets after any such change constitutes your acceptance of the new Widget Terms of Use. If you do not agree to any of these terms or any future Widget Terms of Use, your sole recourse is to stop using the Widgets and remove the Widgets (and associated software code) from your web site.
1. Widgets and Widget Content
Widgets are tools which you may place on your website which allows visitors to your website to access and view content on TipTopsm at FeelTipTopsm.com or any other web site owned by TipTopsm Technologies, Inc. You acknowledge and agree that these tools may without limitation, display TipTopsm logos, TipTopsm provided content, search boxes which link to information provided by TipTopsm, and advertising for TipTopsm and third party products (collectively, “Widget Content”). Widgets consist of the Widget Content, as well as all software files or images incorporated in, or generated by, the Widgets and any and all data and html embedded code that accompanies the Widgets, and any upgrades, enhancements, modifications, updates and revisions of such software and code. If you object to any Widget Content, your sole recourse is to stop using the Widgets and remove the Widgets (and associated software code) from your web site.
2. License
Subject to your compliance with this Widget Agreement, TipTopsm hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widgets on your web site solely for your own personal, non-commercial use as permitted by this Widget Agreement. You are not licensed to use the Widgets for any other purpose, and nothing in this Widget Agreement shall be deemed to grant you any right, title or interest in the Widgets. Without limiting other remedies, TipTopsm may limit, suspend or terminate this license and/or your right to access or display the Widgets at any time for any reason, including but not limited to your display of the Widgets on a site or in a manner that we deem unacceptable for any reason.
You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Widget. Your placement of a Widget on your site constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Policy on the TipTopsm Site.
You acknowledge and agree that you will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you are responsible for ensuring that the use of Widgets on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site).
3. Restrictions on Use
You may not use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale. The Widgets (including the software contained therein) and the Widget Content, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by TipTopsm. Subject solely to the express parameters of the limited license granted to you pursuant to this Widget Agreement, the Widget and the Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining the express prior written permission in each instance of TipTopsm. In addition, neither Widget Content nor content at the Site accessed through the Widget or the Service may be used in any manner that would constitute an endorsement (whether express or implied) by any person or entity of any product(s), service(s), activity(ies) or brand(s) contained on your Web Site(s), or in any manner inconsistent with the TipTopsm Terms of Use.
4. Placement of Widgets
Widgets may be placed on your websites and on your pages at online social network sites, to the extent permitted by such sites. TipTopsm prohibits the placement of widgets on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by TipTopsm in its sole discretion.
5. Fees
We reserve the right at any time to charge fees for access to the Widgets. In no event will you be charged unless we obtain your prior agreement to pay such charges although, if you decline to pay such charges, we may require that you remove any Widgets from your website.
6. Ownership/Attribution
TipTopsm retains all ownership and other rights in the Widget Content. TipTopsm retains all ownership and other rights in the TipTopsm logos and trademarks. All other trademarks appearing in the Widget Content are the property of their respective owners.
7. Right to Discontinue Widgets
TipTopsm reserves the right to discontinue providing any or all of the Widgets at any time and to require you to cease displaying, distributing or otherwise using any or all of the Widgets for any reason including, without limitation, your violation of any provision of this Widget Agreement or the TipTopsm Terms of Use. Neither TipTopsm, nor any of its respective affiliates, sponsors, licensees assume any liability for any of your activities in connection with the Widgets or for your use of the Widgets in connection with your website, and you agree to indemnify, defend and hold TipTopsm harmless form and against any claims arising from such activities or use.
8. Term of the Widget Agreement
The term of this Widget Agreement will begin upon your display of any Widget on your site and will end when terminated by either party. You may terminate this Widget Agreement at any time and for any reason by ceasing to display Widgets on your site. We may terminate this Widget Agreement at any time and for any reason by ceasing to serve Widgets to your site or otherwise ceasing to make Widgets available to you. Upon the termination of this Widget Agreement for any reason, you will immediately cease use of, and remove from your site, all Widgets and any other materials provided by or on behalf of us to you in connection with this Widget Agreement.