Terms and Conditions

Terms & Conditions of Use

Welcome to Tickle. We sincerely hope that you will enjoy your experience with Tickle. The following Terms & Conditions of Use ("Terms & Conditions") are necessary to allow Tickle to provide our valued users with the best possible experience and are intended to:



IMPORTANT: These Terms & Conditions for Tickle Services ("Agreement") are a legal agreement between you and Tickle Inc. ("Tickle") and apply to the entire contents of the Site under the domain name Tickle.com and to any correspondence by e-mail between us and you. By initiating a purchase or otherwise using or accepting the services contained in the Site ("Services"), you agree to be bound by the terms of this Agreement. If you do not agree to the Terms & Conditions of this Agreement, do not purchase or use these Services and please leave the Site immediately. You agree that your use of the services acknowledges that you have read this Agreement, understand it, and agree to be bound by its Terms & Conditions.

Your Account

To have the ability to access our Site and services, you must obtain access to the world wide web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.

While the Company endeavours to ensure that this Site is normally available 24 hours a day, the Company shall not be liable if for any reason this Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

In consideration of your use of Tickle, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if Tickle has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, Tickle has the right to disable or terminate your account and refuse any and all current or future use of the site.

Once you complete the registration process with Tickle, you will receive an account designation and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify Tickle of any unauthorized use of your account or any other breach of security.

Unless otherwise specified, Tickle grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the material provided hereon, and the Services requiring payment of a fee ("Fee-Based Services"), for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of this Site and/or any of our Fee-Based Services. You understand that only you may use your user account and password, and that your use of our Fee-Based Services may not be shared with others. If Tickle has reasonable grounds to suspect that you have shared your account access and password with another individual, Tickle has the right to terminate your account and refuse any refund.

You agree that you shall only use the Services and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content (see below for definition), including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.

Eligibility

You must be 18 (eighteen) or older to register as a member ("Member") of Tickle. Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement. Children under 13 are not permitted to use this Site. If you are not eligible for this Site, or a section of the Site, you must leave the Site or that section of it immediately.

Term

Joining Tickle is free and you may continue to use this Service as long as you adhere to these Terms & Conditions. The term for the Fee-Based Services on Tickle may vary.

Payment and Billing

For purposes of your use of our Fee-Based Services, you agree to provide us with true, accurate and complete information as required by the sign up process ("Payment Data"), including your legal name, address, telephone number, email address and other billing information (e.g., credit card number and expiration date), and to allow us to share your Payment Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.

Payment for Tickle services or products may be made by credit card or other means by which Tickle authorizes. Payment must be received by Tickle prior to acceptance of an order.

Customers must promptly inform Tickle of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Tickle is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.

Content Posted on the Site

By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Tickle an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

You understand and agree that Tickle may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Tickle violate this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members and Tickle shall have no obligations with respect to such material.



You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Tickle cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Tickle reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Tickle deems appropriate in its sole discretion.

You are solely responsible for your interactions with other Tickle Members. Tickle reserves the right, but has no obligation, to monitor disputes between you and other Members.

Tickle shall fully co-operate with any law enforcement authorities or court order requesting or directing Tickle to disclose the identity or locate anyone posting any material in breach of this Agreement and you consent fully to such disclosure.

Non Commercial Use by Members

The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Termination

The purchase cannot be transferred.

Tickle reserves the right to cancel or terminate an individual's account if Tickle in its sole opinion suspects misconduct or similar behaviours. Should you breach this Agreement, Tickle will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your fee-based services payment will be refunded.

Should Tickle decide to suspend the Service for any reason other than breach, we will refund to you the fee-based services payment, which will be your sole and exclusive remedy upon such a suspension of service.

Should you have any inquires regarding billing, this should be directed to our Customer Support Team via email to support@uk.tickle.com.

Modifications to Service

These Terms & Conditions were last modified on 20th April 2007. At any time and without prior notice, Tickle shall have the right, in its sole discretion, to modify, add or remove terms of these Terms & Conditions, without prior written notice to our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of this Site and/or the Tickle services following our posting of any such change on our site will constitute binding acceptance of such change. You should check this Site from time to time to review the then current Terms & Conditions, because they are binding on you. You agree that Tickle shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Communication

As a part of the service Tickle provides to our Members, we communicate via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. However, even though users may request removal from the distribution of certain e-mails, Tickle has the right to send messages from time to time that we believe would interest them. Tickle reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.

Privacy Policy

You should review the other Tickle policies to better comprehend our practices and how we govern your visit to our Site. Registration data and certain other information about you are subject to our privacy policy. For more information, see our entire privacy policy.

Advertiser Links

Links to third party websites on this Site are provided solely for your convenience. If you use these links, you leave this Site. Tickle has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Tickle therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

Copyright and Trademarks

The content included on this Site, including, but not limited to the Tickle tests, reports, text, graphics, logos, icons, and images is the exclusive property of Tickle and other respective owners that have granted Tickle the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Tickle or other respective owners that have granted Tickle the right and license to use such marks. The Tickle Site contains copyrighted material, including, but not limited to: trademarks and other proprietary information, content, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Tickle Site without the express permission of the organization. Should any works have been downloaded or printed they must be destroyed when your membership of the Site terminates.

Tickle's copyright counsel for notice of claims of copyright infringement can be reached at: General Counsel, Tickle Inc., 222 Sutter Street, 5th Floor, San Francisco, CA 94108.

Disclaimers of Warranties

The products, offerings, content and materials (including, without limitation, the Fee Based products) on this Site are provided "as is" and without warranties of any kind, either express or implied. Tickle disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.

Neither Tickle, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this Site or any function contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make this Site available are free of viruses or other harmful components.

Neither Tickle, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this Site in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information obtained by you from our personnel or through this Site shall create any warranty not expressly provided for in this agreement.

Limitation of Liability

You expressly understand and agree that Tickle and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, income, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this Site (including, without limitation, the Fee-Based Products); (b) the use of any content or other material (including, without limitation, the Fee-Based Products) on this Site or any Site or websites linked to this Site, (c) due to viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site, websites linked to this Site, or downloading any material from this Site or websites linked to this Site, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Site (including, without limitation, the fee-based products); (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on our Site (including, without limitation, the Fee-Based Products); or (g) any other matter relating to this Site. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this Site. If you are dissatisfied with any portion of our Site, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this Site.

Nothing in these Terms & Conditions shall exclude or limit Tickle's liability for: (a) death or personal injury caused by negligence, or (b) fraud, or (c) misrepresentation as to a fundamental matter, or (d) any liability which cannot be excluded or limited under applicable law.

If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Indemnity. You agree to indemnify and hold Tickle, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.

All questions relating to this Site's validity, interpretations, performance and enforcement, including the Terms & Conditions, shall be governed by and construed in accordance with the laws of the State of California. Any action relating to this Site's validity, interpretations, performance and enforcement, including the Terms & Conditions, must be brought in the federal or state courts located in San Francisco, California, US, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Tickle.

Tickle will not be responsible or liable to you for any delay or failure to perform under these Terms & Conditions if such delay or failure results from fire, explosion, labour dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Tickle.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. 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.

Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous Terms

All information presented by Tickle is for educational and entertainment purposes. The material is not intended to be a substitute for professional counselling. Tickle and the creators, producers, and distributors of the content disclaim any liability in connection with the advice, recommendations or products advertised on this site. Tickle may make changes to the material on the Site, or to the services and prices described in it, at any time without notice. The material on the Site may be out of date, and Tickle makes no commitment to update such material.

Tickle may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Entire Agreement

These Terms & Conditions represent the complete and entire agreement between Tickle and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read these Terms & Conditions and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using Tickle, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms & Conditions.

We sincerely hope you enjoy your use of the Tickle site. Please understand that these rules help make it possible to offer our valued users these Services.

Official correspondence must be sent via postal mail to:
Tickle Inc.
Attn: Customer Service
222 Sutter Street
5th Floor
San Francisco, CA 94108
USA