You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Service is provided, without express written permission by us.
We reserve the right to refuse our Service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of your Services.You understand that your User Content (as defined below) (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You may be required to create an account with us (the “Account”) and become a registered user in order to be able to purchase some of our Services. To create an Account, a registration process must first be carried out. You may create an account for the Services by providing information about yourself (such as identification or contact details) as part of the registration process for Services, or as part of the continued use of Services. Users must provide truthful, accurate, complete and updated information to create their account on the Services. If your account contains any misleading or false information you may be barred from accessing the Services now and in the future.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for our Services, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us at [email protected]
The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tatum to any registration requirement within such jurisdiction or country.The user may terminate the Account at any time by notifying Tatum of the same and the termination is effective upon its receipt by Tatum or, if applicable, by closing the user’s Account.We may terminate the Account at any time with immediate effect, in the event of a violation by the Account owner of the provisions of these Terms, or any other legitimate reason that makes it impossible to continue to provide the Services to you.
A) Fees; Payment. You can sign up for paid Services provided by us (“Paid Subscription”). By signing up for a Paid Subscription you agree to pay Tatum, depending upon the type of Paid Subscription chosen by you, the relevant monthly or annual fees indicated at https://tatum.io/pricing . Payments will be charged in advance on the day you sign up for a Paid Subscription and will cover the use of that Service for a monthly, quarterly or annual subscription period as indicated. Paid Subscription fees are not refundable. Tatum reserves the right to change the payment terms and fees upon prior written notice to you. Paid Subscription may be canceled by you at any time through your account settings page, subject to the terms of this Agreement.
B) Automatic Renewal. Unless you notify Tatum before the end of the applicable subscription period that you want to cancel a Paid Subscription, your subscription will automatically renew and you authorize Tatum and any third-party it might use for processing payments to collect the then-applicable annual or monthly subscription fee for such Paid Subscription (as well as any taxes if applicable) using any credit card or other payment mechanism we have on record for you. If all credit cards we have on file for you are declined for payment of your membership or subscription fees, Tatum may cancel your subscription, as applicable, unless you provide us with a new payment method. If you provide us with a new credit card and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
C) Taxes. All fees for Services (as defined below) are exclusive of taxes, levies, duties or charges imposed by government authorities (collectively, “Taxes”). You shall be solely responsible for all sales, service, value-added, use, excise, consumption and any other Taxes on amounts payable by you for Paid Subscription. Without limiting the foregoing, if you are required to deduct or withhold any Taxes under applicable laws, you shall remit such Taxes in accordance with those applicable laws and all fees payable shall be increased so that Tatum receives an amount equal to the sum it would have received had no withholding or deduction been made. If an applicable tax authority requires Tatum to pay any taxes that should have been payable by you, Tatum will advise you in writing, and you will promptly reimburse Tatum for the amounts paid.
The Services are owned and operated by Tatum. Unless otherwise explicitly specified by Tatum, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, and the “look and feel” of the Services (collectively, "Tatum Content"), are owned, controlled and licensed by Tatum. Tatum Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Tatum Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.All trademarks, service marks and trade names of Tatum used herein (including but not limited to: the company name, the company corporate logo, the Website names, the Website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Tatum or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Tatum’s Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Tatum’s prior written consent. The use of Tatum’s Marks on any other sites or network computer environment is not allowed. Tatum prohibits the use of Tatum’s Marks as a "hot" link on or to any other sites unless establishment of such a link is approved by Tatum in advance.
a) use the Website or Services for any illegal purpose;
b) reverse engineer or copy Tatum Content and Services;
c) use the Services or any content contained in the Service for any commercial purposes without our written consent;
d) copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without Tatum’s prior written consent;
e) use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
f) use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services;
g) upload viruses or other malicious code or otherwise compromise the security of the Services;
h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services;
i) transfer the materials to another person or “frame” or “mirror” any part of the Services without Tatum’s prior written authorization;
j) use meta tags or code or other devices containing any reference to Tatum or the Service (or any trademark, trade name, service mark, logo or slogan of Tatum) to direct any person to any other website for any purpose;
k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;
l) solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
m) use or develop any third-party applications that interact with the Services or other user’s content or information without our written consent;
n) use, access, or publish the Tatum application programming interface without our written consent;
o) probe, scan or test the vulnerability of our Services or any system or network;
p) use the materials provided by us for any commercial purpose, or for any public display (commercial or non-commercial);
q) remove any copyright or other proprietary notations from the Services;
r) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
s) deep-link to any portion of this website (including, without limitation, the rental path for any self-storage related information) for any purpose without our express written permission;
t) use any “page-scrape,” “deep-link,” “spider,” or “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Services or any content;
All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Services or Tatum Content, you may not share that subscription or license with others. Tatum may impose reasonable limits on your scope of access to any Services or Tatum Content, including limits on time or number of materials accessed or machines used to access such Services or Tatum Content, to prevent unauthorized third-party access to or use of that Tatum Content.
Tatum may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your Account.Any software that we provide you, may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
You retain all rights and are solely responsible for the information that you provide to us and all content that you upload, post, deliver, publish, distribute, provide or otherwise link, transmit or store (hereafter “post” or “posting”) in connection with or relating to the Service (“User Content”), and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with User Content. Notwithstanding the above, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, host, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute User Content on the Website or Services or other third party websites or applications for purposes directly related to operating the Website or the Services including: providing, improving, promoting, developing, or facilitating the Services and use of the Services by you and other users. We reserve the right to access your account in order to respond to your requests for technical support. By uploading User Content, you represent and warrant to us that you have all necessary rights and licenses to do so. Our license to your User Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works, if any, of the User Content created through use of the Services. You understand and agree that we may monitor or review any User Content you post as part of a Service. We may delete any User Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Service.
In addition to the foregoing, you grant to Tatum, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you to Tatum without compensating you. In consideration for us allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services.
You agree that we may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tatum or any other person.
You represent and warrant to us that the information you provide to us is accurate, including any information submitted through any other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. User Content included on your Account should be relevant to the intended use of our Services.
You understand that even though data transfers on the Website and Services are encrypted and we do our best to protect the security of your information and User Content, we cannot guarantee that certain operation of the Services, including transmission to and by Tatum’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services will always be properly encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. We will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to the Services, product descriptions, pricing, promotions, offers, product and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Paid Subscriptions at any time or if any information in the Service or on any related website is inaccurate at any time without prior notice. Our Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Any reliance on the material on our Services is at your own risk.
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS, GOODS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SERVICES. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL TATUM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY INFORMATION PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, INFORMATION OR SERVICES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES, AND/OR (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY, EVEN IF ADVISED OF THEIR POSSIBILITY.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR ANY MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNTS PAID BY YOU, IF ANY, TO TATUM IN THE PAST SIX MONTHS AND (II) THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, and our respective employees, directors, officers, and agents harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees, arising directly or indirectly out of (i) your misuse of the Services, (ii) your violation of the laws, rules, and regulations, (iii) your breach of these Terms, (iv) your User Content, (v) your infringement of any intellectual property or other rights of any third party, and (vi) any other matter for which you are responsible for hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws and regulations. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Services.
(A) OFAC Compliance
(B) INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA COMPLIANCE
Users may not post content or use the Services for any purpose that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to users. Please notify us if you are aware of any intellectual property right infringement by a user of our Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “DMCA”), we designate the following individual to receive any notifications of an alleged infringement:
InPartners Service s.r.o.
Attention: Jan Brauner
Co reg no: 02267918
627 00 Brno
[email protected] / [email protected]
An effective notification should include:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:
a) Your physical or electronic signature;
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
We are responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to the Services. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Tatum will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party's intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY TATUM, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. YOU AGREE WE MAY PROVIDE YOUR NOTICE TO THE PROVIDER OF THE ALLEGEDLY INFRINGING MATERIAL.
We may terminate accounts of users who repeatedly and intentionally infringe the intellectual property rights of others. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Services.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Tatum without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Tatum.
Users may submit complaints, in writing, to [email protected] or via the support portal at https://support.tatum.io/support/home. Users must provide a detailed description of the basis of their complaint and their contact information to enable us to respond in a timely and appropriate fashion considering: https://support.tatum.io/support/solutions/articles/80001033310.
By using the Website and/or the Services user consents to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services. These electronic communications are part of user’s relationship with us. User agrees that any notices, agreements, disclosures or other communications that we send the user electronically will satisfy any legal communication requirements, including that such communications be in writing.