Terms and Conditions
THE TERMS AND CONDITIONS SET
FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL
CONTRACT BETWEEN YOU AND TAILSPIN AND GOVERN YOUR ACCESS TO, AND USE OF, THE TAILSPIN WEBSITE
LOCATED AT THE URL: WWW.TAILSPIN.IO TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE
“SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY
INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE
BY EACH OF THE TERMS SET FORTH BELOW. TAILSPIN MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON
THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE
CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
General Use Restrictions
Tailspin provides content and services through this Site. Certain information, documents, products and
services provided on and through this Site, including content, logos, graphics and images (together, the
“Materials”) that are not Submissions (as defined below) are provided to you by Tailspin and are the
copyrighted and/or trademarked work of Tailspin or Tailspin’s contributors.
Tailspin grants you a limited, personal, non-exclusive and non-transferable license to use and to
display and to make one copy of the Materials and to use the services of this Site solely for your
personal use, if you are an individual, and for your internal business use, if you represent a business.
Except for the license set forth in the preceding sentence above, you acknowledge and agree
that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer,
alter, enhance or in any way exploit any of the Materials in any manner.
This limited license terminates automatically, without notice to you, if you breach any of these Terms.
Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed
Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to
this Site or any Materials.
Password Restricted Areas of this Site
You may need a password to login to this Site and to use certain functions and areas within this Site.
You are responsible for maintaining the confidentiality of your password and account, and agree to
notify Tailspin if your password is lost, stolen, or disclosed to an unauthorized third party, or
otherwise may have been compromised. You are responsible for all activities that occur under your
account. You agree to immediately notify Tailspin of any unauthorized use of your account or any other
breach of security in relation to this Site known to you.
Third Party Content
Certain information and other content that are not Submissions may be provided by third party licensors
and suppliers to Tailspin (“Third Party Content”). The Third Party Content is, in each case, the
copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party
Content on your personal computer solely for your personal use. You acknowledge and agree that you have
no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit,
alter or enhance any of the Third Party Content in any manner unless you have permission from the owner
of the Third Party Content. Tailspin DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND
CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites that are not Tailspin sites. Tailspin is providing these
links to you only as a convenience, and Tailspin is not responsible for such linked sites, including,
without limitation, the content or links displayed on such sites.
You acknowledge that you are responsible for the information, messages and other content or material
that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”)
and through the services available in connection with this Site, and that you, and not Tailspin, have
full responsibility for each such Submission you make, including its legality, reliability,
appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in
Site is provided on a non-proprietary and non-confidential basis. You hereby assign, transfer and convey
to Tailspin all your worldwide right, title and interest in and to your Submissions, and the complete
right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium,
expression or technology now known or hereafter known or developed, and all contract and licensing
rights. However, Tailspin agrees to use all of your Submissions in accordance with Tailspin’s
You further agree that you will not upload, post or otherwise make available on this Site any material
protected by copyright, trademark, or any other proprietary right without the express permission of the
owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of
determining whether any material is protected by any such right is on you. You shall be solely liable
for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any
other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or
otherwise have the right to grant the ownership to Tailspin set forth in this section, and (ii) the
posting of your Submissions on or through this Site does not violate the privacy rights, publicity
rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You
agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any
Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to,
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam',
'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our
This list of prohibitions provides examples and is not complete or exclusive. Tailspin reserves the
right to (a) terminate your access to your account, your ability to post to this Site (or the services)
and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for
any reason or no reason, or for any action that Tailspin determines is inappropriate or disruptive to
this Site or to any other user of this Site and/or services. Tailspin may report to law enforcement
authorities any actions that may be illegal, and any reports it receives of such conduct. When legally
required or at Tailspin’s discretion, Tailspin will cooperate with law enforcement agencies in any
investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require Tailspin to monitor, police or remove any Submissions or other
information submitted by you or any other user.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may
violate certain laws and regulations. You agree to indemnify and hold Tailspin and its officers,
directors, employees, affiliates, agents, licensors, and business partners harmless from and against any
and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense)
Tailspin or any other indemnified party suffers in relation to, arising from, or for the purpose of
avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by
any person using your user name and/or password (including without limitation, your participation in the
posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights,
trademark rights or other rights of any third party.
Tailspin is a trademark of Tailspin in the United States. Other trademarks, names and logos on this
Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including
documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement
thereof, are the sole property of Tailspin, Copyright © 2015 Tailspin, Inc. All rights not expressly
granted herein are reserved. Except as otherwise required or limited by applicable law, any
reproduction, distribution, modification, retransmission, or publication of any copyrighted material is
strictly prohibited without the express written consent of the copyright owner or license.
Copyright and Trademark Infringements
Tailspin respects the intellectual property rights of others, and we ask you to do the same.
Tailspin may, in appropriate circumstances and at our discretion, terminate service and/or access to
this Site for users who infringe the intellectual property rights of others. If you believe that your
work is the subject of copyright infringement and/or trademark infringement and appears on our Site,
please provide Tailspin's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if
multiple works at a single online site are covered by a single notification, a representative list
of such works at that site.
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 at the Site, and information
reasonably sufficient to permit Tailspin to locate the material.
Information reasonably sufficient to permit Tailspin to contact you as the complaining party, such
as an address, telephone number, and, if available, an electronic mail address at which you may be
A statement that you have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tailspin's agent for notice of claims of copyright or trademark infringement on this Site can be
reached as follows:
By email: [email protected]
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person
who knowingly materially misrepresents that material or activity is infringing may be subject to
Disclaimer of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor
the Third Party Content have been verified or authenticated in whole or in part by Tailspin, and they
may include inaccuracies or typographical or other errors. Tailspin does not warrant the accuracy of
timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Tailspin
has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party
Content, whether provided by Tailspin or our licensors.
TAILSPIN, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS,
WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR
THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY
INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS,
THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD
PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS
PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
TAILSPIN DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON
Limitation of Liability
TAILSPIN SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR
DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL
TAILSPIN BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE)
HOWEVER ARISING, EVEN IF TAILSPIN KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
Tailspin controls and operates this Site from its headquarters in the United States of America and the
Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other
locations. If you use this Site outside the United States of America, you are responsible for following
applicable local laws.
If you violate these Terms, Tailspin may terminate and/or suspend your access to this Site without
notice. Tailspin prefers to advise you of your inappropriate behavior and to recommend any necessary
corrective action. However, certain violations of these Terms, as determined by Tailspin, may result
in immediate termination of your access to this Site. New York state law and U.S. federal law, without
regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to
these Terms or this Site will be heard in the courts located in the State of New York. If any of these
Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect
the intentions of the parties, and no other terms will be modified. Tailspin’s failure to enforce any
of these Terms is not a waiver of such term. These Terms are the entire agreement between you and
Tailspin and supersede all prior or contemporaneous negotiations, discussions or agreements between
you and Tailspin about this Site, except to the extent that your business has entered into a
written agreement with Tailspin. The proprietary rights, disclaimer of warranties, representations
made by you, indemnities, limitations of liability and general provisions shall survive any termination
of these Terms.