Last updated: 2019-01-29
1. Your Acceptance
2. Overview of Services
Tattle operates an online marketplace which facilitates transactions directly among users who may either choose to book or host experiences (the “Experience(s)”), whereby local hosts (the “Host(s)”) offer to provide guided experiences, whether it be a unique activity or destination, to other users who are interested in booking such experiences (the “Guest(s)”). Users may also share information, recommendations, reviews and photographs about local attractions, restaurants, activities and the Experiences. Where users make or accept Experience bookings, the actual contract for sale is directly between the Host and Guest. Tattle is not a seller of goods, services or information, and is not a traditional auctioneer, nor does Tattle become a party to or other participant in any contractual relationship between users. While we may provide pricing, listing, and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. In addition, while we may help facilitate the resolution of disputes between users, Tattle has no control over and does not guarantee: (i) the existence, quality, safety, legality, or suitability of any Experience; (ii) the truth or accuracy of users’ content or Experience descriptions, ratings, reviews or other content posted by users; or (iii) the performance or conduct of any user. Tattle does not certify, endorse or guarantee any user or Experience. You understand that you should exercise due care and diligence when assessing whether to participate in an Experience and that your use of the Services is at your sole risk and liability. While Tattle prohibits conduct and use of the Services that is in violation of any of the terms contained herein, you understand and agree that Tattle cannot be responsible for the content posted on the Services. Tattle does not pre-screen any user or user content, but Tattle and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any such content that is available via the Services. As such, you may be exposed to materials that is in violation of these terms. You are solely responsible for all content posted and activity that occurs under your account. You agree that your use of the Services is at your own risk and liability, and that you are solely responsible for ensuring your actions comply with all applicable laws, rules and regulations. Hosts are solely responsible for identifying and obtaining any required licenses, permits or registrations for any Experiences they offer. You further agree that Tattle is released of any liability in connection with same.
You will be required to register an account to gain access to and use certain features of the Services, including the posting or booking of Experiences. If you are registering an account for a company or other legal entity, you represent and warrant that you have the authority to act on behalf of that entity to legally bind them and grant us the permissions and licenses contained in this Agreement. You may choose to register an account by using an email address and creating a password through the Services, or you may be able to create an account using third-party social networking services, including Facebook and Google. You can disable the connection between these third-party social networking services and your Tattle account at any time by accessing your account settings on the Services. You may only register one Tattle account unless Tattle authorizes you to do otherwise. You must provide accurate, current and complete information at the time of registration for a Tattle account, and you must keep your information up-to-date at all times. You are responsible for ensuring your account remains secure and you agree not to disclose your account details or credentials to any third-party. You must immediately notify Tattle of any suspected breach of your account.
4. Responsible Use
In accessing, using and/or downloading the Services, you must not:
- post, list or upload content or items in inappropriate categories or areas on our Services;
- breach or circumvent any laws or any third-party rights;
- use our Services if you are not able to form legally binding contracts (i.e. lacking legal capacity with respect to age, mental capacity or other factor), or are temporarily or indefinitely suspended from using our Services;
- block ads that are used on the Services;
- post false, inaccurate, misleading, abusive, deceptive, defamatory, indecent, violent, illegal or libelous content;
- discriminate against or harass any person on the basis of security orientation, race, national origin, religion, gender, gender identity, disability, medical condition, marital status, or age;
- transfer your Tattle account to another party without our consent;
- add any other user to your mailing list or otherwise contact any other user without their explicit consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
- distribute viruses or any other technologies that may harm Tattle or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior written consent of Tattle;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights (collectively “Intellectual Property Rights”) that belong to or are licensed to Tattle. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Tattle or third parties;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- harvest or otherwise collect information about users without their consent;
- circumvent any technical measures we use to provide the Services or take any action to violate, interfere with or undermine the security or system integrity of the Services;
- reproduce, copy, modify, adapt, exploit for commercial purposes, license, sublicense, distribute, transmit, translate, or create derivative works of, the Services or the content therein or any part thereof except with the prior written consent of Tattle or in the ordinary and prescribed use of the Services;
- engage in any activity that is competitive with Tattle, as determined in Tattle’s sole discretion in each instance, which includes but is not limited to circumventing the Services by booking experiences or other activities with other users outside of the Services;
- take any action that would damage, harm, or diminish Tattle’s reputation, goodwill, or public image;
- fail to deliver the Experience as agreed upon between you and the Guests, unless you have a valid reason as determined in Tattle’s sole discretion in each instance; or
- represent or suggest that Tattle endorses any user, business, product, or service, except with the prior written consent of Tattle.
If Tattle determines, in our sole discretion, that you are abusing the Services or failing to comply with the terms of this Agreement, we may, without limiting any other available remedies, limit, suspend or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using our Services. In our sole discretion, we may cancel unconfirmed accounts, accounts created by bots or any other automated method, or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right at any time and from time to time to refuse or terminate all or part of our Services to anyone for any or no reason at our sole discretion.
5. Links to Third-Party Websites
6. User Content
When providing information and content using the Services (directly or indirectly), including any feedback you submit to Tattle, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Tattle, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights, privacy rights or contractual rights of any third party. Tattle takes no responsibility and assumes no liability for any content provided by you or any third party.
7. Tattle Content
The content contained on the Services, including without limitation the text, graphics, images, audio, video and other material, as well as the taglines and look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such intellectual property laws in Canada, the United States and foreign countries, and is owned or controlled by Tattle or by third parties that have licensed their Content to Tattle. Unauthorized use of the Content by you may violate copyright, trademark, and other intellectual property laws. Where the Services are configured to enable download of the Services or any Content therein, Tattle grants you a limited, revocable, non-exclusive license to download one copy of such Content to a single device for your personal use only, provided that you: (a) maintain all copyright and other proprietary notices contained in the original Content; (b) without prior written permission from Tattle in each instance, not sell, manipulate, modify, reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble or otherwise use the Content in any way for any public or commercial purpose, or any purpose outside of the ordinary intended purpose for which such Content was provided to you; and (c) do not otherwise use the Content in a manner that is contrary to this Agreement. The trademarks, logos and service marks (the “Marks”) displayed on the Services, and which may be included with the Content, are owned by Tattle or third-party licensors. Except as expressly contemplated herein, you are prohibited from using such Marks without prior written permission from Tattle or such applicable third party in each instance. For certainty, Tattle retains all right, title and interest in and to the Content and the Marks. Your use under limited license of the Content and Marks must strictly comply with the terms of this Agreement.
8. Fees and Payment
Processing Tattle may charge a service fee to users in consideration for the use of the Services (the “Service Fee”). Any applicable Service Fee (including any applicable taxes) will be included in the Booking Fee presented to Guests prior to booking an Experience. Tattle reserves the right to change the Service Fee at any time and will provide users with adequate notice of any change to the Service Fee before such change becomes effective. You are responsible for paying any Service Fee that you owe to Tattle, and you acknowledge that the Payment Processor (as defined below) is to release the applicable Experience Fee (as defined below) and Service Fee to Tattle, who will then release the Experience Fee to the Host following completion of the Experience and in accordance with the terms of this Agreement. Except as otherwise provided on the Services, the Service Fee is non-refundable. We use third party payment processors in order to facilitate Service Fee payments (the “Payment Processor”). We disclaim any and all liability that may result from your use of the Payment Processor and make no representation, warranty or guarantee with regards to the Payment Processor or their actions. Your activity on the Payment Processor’s sites or applications is governed by such Payment Processors terms and conditions. Any claim and dispute you may have in connection with Service Fees must be solely directed to such applicable Payment Processor, and you hereby release Tattle, and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same. Tattle reserves the right to instruct the Payment Processor to restrict access to funds in your Payment Processor account based on certain factors, including, but not limited to, complaints received by Guests based on your performance as a Host, or your failure to comply with these terms or our code of conduct.
9. Host Terms
When posting an Experience on the Services you are responsible for and must (i) provide complete and accurate information about the Experience (which may include a description, location, and available dates and times); (ii) disclose any restrictions and requirements that apply to the experience (such as minimum age, proficiency, or fitness requirements); and (iii) provide any other relevant information as may be requested by Tattle. It is your responsibility to keep your Experience listing, including availability, up-to-date at all times. It is your sole responsibility for setting a price (including any applicable taxes) for each Experience you choose to host (the “Experience Fee”). Once an Guest requests a booking of your Experience, you may not request that the Guest pay a higher price than what is set out in the booking request. You are responsible for performing all actions reasonably necessary to complete any contract for sale you enter into using the Services. Once you have accepted an Experience booking, you are entering into a legally binding agreement with the Guest and are required to provide the Experience services as described in your Experience listing at the time the booking request was made. You also acknowledge and agree that Tattle will include the Service Fee, and an amount equal to the applicable Payment Processor fees, in the total Booking Fee presented to Guests at the time of booking, and that the Service Fee shall be paid by the Payment Processor to Tattle. As a Host, you are solely responsible for determining your obligation to report, collect, or remit any applicable sales, income or other taxes, as well as for ensuring compliance with any applicable laws, rules, or regulations that may apply to your use of the Services or Experience host. Terms contained in your Experience description must not conflict with this Agreement or any relevant cancellation or refund policy applicable to your Experience. We recommend Hosts obtain appropriate insurance with respect to the Experiences they will be hosting. You further agree that although we may provide template waiver forms for your use and information, your use of such forms is at your own risk and you understand that Tattle makes no guarantees or warranties with respect to the fitness or suitability of these waivers. It is your responsibility and remains up to you to ensure Guests have signed any applicable waiver prior to commencing the Experience.
10. Guest Terms
Subject to meeting any requirements of Tattle and/or the Host, you, as an Guest, will be able to book Experiences through the Services. You will be charged a booking fee, to be paid through the Payment Processor, which shall include the Experience Fee, any applicable Service Fee and an amount equal to the applicable Payment Processor fees (the “Booking Fee”). The Booking Fee will be brought to your attention prior to booking an Experience. You agree that you will pay all applicable Booking Fees for any Experience booking requested by your account. Once you receive confirmation of your booking through the Services, you will be entering into a legally binding contract with the Host, subject to any additional terms and conditions that are applicable to the Experience you have booked, including any applicable cancellation or refund policy and any rules and restrictions set out in the Experience listing. You are aware that the Host may require that Guests sign a waiver, and that you may therefore be required to sign a waiver prior to either booking or commencement of the Experience. Any applicable Service Fee will be collected by the Payment Processor at either the time of the booking request or upon the Host’s confirmation, pursuant to and subject to any agreed upon payment terms. You agree that it is your responsibility to read and review the full Experience description and listing before submitting a booking request, and that you will be legally required to commit to purchase the Experience once the booking has been accepted. You should carefully review the description of each Experience to ensure you and any guests you are booking for meet the minimum requirements set by the Host. You may, at your sole discretion, disclose any information to the Host that you think may impact your ability to take part in the experience or any conditions that may be of concern. You are responsible for ensuring that you are in compliance with all laws, rules and regulations that apply to your participation in the Experience. If you are booking Experiences on behalf of other guests, you are responsible for ensuring each guest meets any applicable requirements set by the Host and is made aware of and agrees to these Terms and any other terms, conditions, rules and restrictions set by the Host. If you are booking an Experience on behalf of a minor, you represent and warrant that you are legally authorized to do so, and that you are aware minors may only participate in an Experience if accompanied by an adult who is responsible for them.
11. Complaints, Cancellations and Refunds
You agree that all sales are subject to the terms of Tattle’s refund or cancellation policies in place and made available to you at the time of booking. If a Host did not provide the Experience as described in the Experience listing or you believe the Host was in breach of our code of conduct please contact us within twenty-four (24) hours of the scheduled Experience time to allow us the opportunity to investigate your complaint. Tattle seeks to ensure all Experiences are provided in compliance with this Agreement and our code of conduct, and any such decisions or outcomes made by Tattle with respect to such a complaint shall be final, and in no event will Tattle be held liable to you in any way relating to Tattle’s decision to dismiss or sustain a complaint, or the decision made with respect to a sustained complaint.
12. Ratings and Reviews
Users may leave each other public reviews and ratings following completion of an Experience. These reviews and ratings reflect the opinion of the individual user and not of Tattle, nor are they verified by Tattle for accuracy. You therefore acknowledge that these reviews and ratings may be misleading, although we require users to provide accurate reviews and ratings which do not contain offensive language.
13. Term and Termination
This Agreement will become effective immediately upon your use of the Services and will remain effective unless terminated by either party in accordance with the terms of this Agreement.You may terminate this Agreement at any time by contacting us via email. If you terminate or cancel your Tattle account as a Host, any confirmed Experience bookings will be automatically cancelled and the Guests will receive a full refund. If you terminate or cancel your Tattle account as an Guest, any confirmed Experience bookings will be automatically cancelled and your refund will depend upon the terms of the Experience’s cancellation policy. Tattle may terminate this Agreement at anytime for convenience by providing you with notice via email to your registered email address. Such termination will become effective immediately upon delivery of notice to you. Host may also, immediately and without notice, terminate this Agreement and/or stop providing you with access to the Services if:
(i) you have materially breached your obligations under this Agreement or any applicable policies or standards; (ii) you are found to have violated applicable laws, regulations or third-party rights, or (iii) Tattle believes in good faith that such action is reasonably necessary to protect the personal safety or property of Tattle, its users, or third parties.
Tattle may further take action in our sole discretion (i) to comply with applicable law, or the order or request of a court of competent jurisdiction, law enforcement or other administrative agency or governmental body, (ii) if you have breached these Terms or any applicable policies (including our code of conduct), standards, laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the registration of your Tattle account or thereafter, (iv) if you fail to meet applicable quality or eligibility criteria, (v) if you have continuously received poor ratings or reviews, or Tattle becomes aware of issues relating to your performance or conduct, (vi) if you have repeatedly cancelled confirmed bookings, failed to respond to booking requests, or failed to carry out your obligations as a host of an Experience, or (vii) Tattle believes in good faith that such action is reasonably necessary to protect the personal safety or property of Tattle, our users or third-parties, or to prevent fraud or other illegal activity.
Actions Tattle may take for the reasons above (i) through (vii) include:
- Refuse to post, delete, or delay any Experience listing, ratings, reviews, or other content;
- Request that the Payment Processor hold funds which are or may become owing to you until Tattle has had the opportunity to carry out an investigation into an issue relating to your failure to meet your obligations under this Agreement, and if Tattle determines, acting reasonably, that you have failed to meet such obligations, to instruct the Payment Processor to return funds to the Guest;
- Limit your access to or use of the Services;
- Temporarily or permanently suspend your Tattle account and stop providing you with access to the Services.
In the event of a non-material breach, Tattle will provide you with notice and an opportunity to respond and resolve the issue to Tattle’s satisfaction. In the event that we take any of the actions set out above: (i) we may refund the Guests who booked your Experience in full for any and all confirmed Experience bookings that have been cancelled, regardless of the terms set out in any preexisting cancellation policies, and (ii) you will not be entitled to any compensation or pending or confirmed Experience bookings that were cancelled. You are not entitled to restoration of your account or any content posted by you on the Services and you may not register for a new Tattle account unless authorized by Tattle. Following termination by either you or Tattle, all clauses set out herein that reasonable should survive termination of this Agreement will remain in effect.
14. Disclaimers and Liability Limitation
YOU AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING YOUR HOSTING OR BOOKING OF EXPERIENCES VIA THE SERVICES, YOUR PARTICIPATION IN AN EXPERIENCE AS EITHER A HOST OR GUEST, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. WE CANNOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT DEFECT, ERRORS, INTERRUPTION, OR DOWNTIME. BY USING OUR SERVICES, YOU AGREE THAT TATTLE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) IN CONNECTION WITH YOUR ACCESSING, DOWNLOADING, USING, OR THE INABILITY TO ACCESS, DOWNLOAD OR USE, THE SERVICES. BY ACCESSING, DOWNLOADING OR USING THE SERVICES YOU AGREE THAT TATTLE IS NOT RESPONSIBLE OR LIABLE FOR YOUR ACTIONS OR JUDGMENTS IN CONNECTION WITH SAME. TATTLE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF OTHER USERS OR THIRD PARTIES. YOU AGREE THAT SOME EXPERIENCES MAY CARRY INHERENT RISK (WHICH MAY INCLUDE RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH), AND BY PARTICIPATING IN OR HOSTING SUCH EXPERIENCES, YOU CHOOSE TO ASSUME SUCH RISKS VOLUNTARILY. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN AN EXPERIENCE. IF YOU BRING A MINOR AS AN ADDITIONAL GUEST ON ANY EXPERIENCE, YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF THE EXPERIENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS TATTLE FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DAMAGE, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE EXPERIENCE OR IS IN ANY WAY RELATED TO THE SERVICES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) ARISING OR RESULTING DIRECTLY OR INDIRECTLY FROM: (A) THE CONTENT YOU PROVIDE (DIRECTLY OR INDIRECTLY) WHEN USING THE SERVICES; (B) YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES; (C) DELAYS OR DISRUPTIONS IN OUR SERVICES; (D) ANY ACTS OR OMMISSIONS YOU TAKE IN THE COURSE OF USING THE SERVICES; (E) ANY RELIANCE YOU PLACE ON THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES; (F) ANY GOODS, SERVICES OR INFORMATION YOU OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES; OR ANY OTHER MATTER RELATING TO OR ARISING FROM YOUR USE OF THE SERVICES; OR (G) ANY ACTION TAKEN BY TATTLE IN ACCORDANCE WITH THIS AGREEMENT. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IN ANY EVENT, TATTLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO HOSTS PURSUANT TO THIS AGREEMENT, AND YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, FROM YOUR PUBLISHING AN EXPERIENCE VIA THE SERVICES, OR FROM YOUR USE OR INABILITY TO USE THE SERVICES AND IN CONNECTION WITH ANY EXPERIENCE OR INTERACTION YOU HAVE WITH ANY OTHER USER, WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS AN GUEST IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY TATTLE TO YOU IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD$100), IF NOT SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
You agree to release, defend, indemnify, and hold harmless Tattle and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including without limitation reasonable legal and accounting fees, arising from or in any way relating to (i) your breach of or noncompliance with of this Agreement; (ii) your improper use of the Services; (iii) your interaction with any user or your participation in an Experience; or (iv) your breach of any laws, regulations or third party rights. This indemnification obligation will indefinitely survive termination of this Agreement.
You understand and agree that Tattle is making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination of this Agreement.
18. Copyright Policy
- 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 work claimed to have been infringed, or, if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
- 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 allow us to locate the material;
- information reasonably sufficient to allow 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;
- 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; and
- 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.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Our Designated Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By Email: firstname.lastname@example.org
DMCA Designated Agent
Tattle, 201-4501 Kingsway, Burnaby, BC, V5H 0E5 Canada
19. Service Modifications
Tattle reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Prices of all Services are subject to change upon thirty (30) days’ notice from us. Such notice may be provided at any time by posting the changes to the Site or by emailing you directly. Tattle will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
b) Currency. All monetary amounts referenced on the Services are in Canadian Dollars unless expressly stated otherwise.
c) Rounding Off. Although Tattle generally supports payments to the smallest unit supported by a given currency, where a Payment Processor does not support payments in the smallest unit supported by a given currency, Tattle may, in its sole discretion, round up or round down amounts that are payable from or to users to the nearest whole functional base unit in which the currency is denominated (for example we may round $10.50 up to $11.00 or round $10.49 down to $10.00).
d) Independent Parties. If you choose to use the Services as a Host you agree that nothing herein shall be construed as making either party an employee, contractor, agent, partner, joint venture, representative, broker or principal of Tattle for any purpose. Hosts shall not acquire any of the rights, privileges, powers or advantages of an employee of Tattle, including disability insurance, vacation or sick pay or any other benefit available to Tattle’s employees. You agree that you act exclusively on your own benefit, and not on behalf of or for the benefit of Tattle. Further, Tattle does not and shall not be deemed to in any way, direct or control you or your performance under this Agreement, and that you have complete discretion as to whether you use the Services or host an Experience. You shall not hold yourself out to any third-party as having authority to act on behalf of Tattle.
e) Amendments. Tattle may amend this Agreement without notice or consent at any time and from time to time by posting the amended terms on the Site thirty (30) days prior to the effective date of such amendments. We may notify you by email of any material amendments. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” reference expressly provided above. Your continued access, downloading or use of our Services constitutes your acceptance of the amended terms. This Agreement may not otherwise be amended except through mutual agreement by you and a Tattle representative who intends to amend this Agreement and is duly authorized to agree to such an amendment.
f) Force Majeure. Any delay in the performance by Tattle of any duties or obligations hereunder will not be considered a breach of this Agreement if such delay is caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, war, acts of terror, strikes or other labor problems (other than those involving our employees), failures of common carriers (including Internet service providers), or denial of service attacks.
g) Assignment. Tattle may assign this Agreement and all your consents contained herein, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under this Agreement, either in whole or in part, without Tattle’s prior written consent in each instance. This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.
h) Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Waivers will not be effective unless in writing and duly authorized by an officer of Tattle.
i) Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
j) Language. This Agreement was written in the English language. If this Agreement is translated into another language, the English language text shall in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in this Agreement, it means “including (or includes) without limitation”.
k) Governing Law. This Agreement is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada. The foregoing will not limit Tattle’s right to enforce this Agreement in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
l) Trial Waiver. You hereby irrevocably and unconditionally agree to waive any right you may have to a trial by jury, or commence or participate in any class action against us related to the Services and/or this Agreement.
21. Temporary Terms
During the initial phases of the Tattle online marketplace, some of the functions of the Services may operate differently than described in this Agreement. To cover these situations, Tattle may, at its discretion, adopt alternative provisions (“Temporary Terms”) instead of those in this Agreement. All such Temporary Terms will be communicated in writing to the Host(s) affected and posted on the webpages of affected Experience(s).