Terms and Conditions of Trill project, inc. Last updated June 23, 2018.
Trill is a U.S. company and subject to U.S. laws and jurisdiction. The original version of these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are written in English. To the extent any translated version of these Terms of Service (or any other terms, policies, or guidelines that we provide to you) conflicts with the English version, the English version controls.
THESE TERMS OF SERVICE CONTAIN LIMITATIONS OF Trill'S LIABILITY IN SECTION 14.
Hello! Welcome to Trill’s Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and Trill. We've also included several annotations that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We’ve tried to be fair and straightforward. Please feel free to contact us if you have any questions or suggestions!
1. Accepting the Terms of Service
Please read these Terms of Service and our Community Guidelines (collectively, the "Agreement") carefully before using Trillproject.com (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Trill, Inc. (all of those collectively with the Site, the "Services") (Trill Project, Inc., a Delaware corporation, collectively with its agents, representatives, consultants, employees, officers, and directors, "Trill," "we," or "us"). By using or accessing the Services, you ("User/Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. Trill’s personalized Services cannot be provided and the terms of this Agreement cannot be performed without Trill processing information about you and other users. Processing of the information you share with Trill is essential to the personalized Services which we provide and which you expect, including personalized Content (as described below), and is a necessary part of our performance of the agreement we have with you.
2. Modifications to this Agreement
Trill reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification or alert in our mobile application). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Trill received your prepayment.
As Trill grows and improves, we might have to make changes to these Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions.
3. Use of the Services
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Trill retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Trill may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Trill may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Trill may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Trill and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Trill (and only pursuant to those terms and conditions) or unless permitted by Trill's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Don't do bad things to Trill or to other users. Some specific, heinous examples of "bad things" are listed in this section.
4. Registration, Trill Usernames, and Security
As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an "Account"), provide a username or an email address and select a password and a color, which will be used to create a username to your Trill account of the form [color][number] (a "Trill Username"). You may select a different Trill color for each new account you create, and will always receive a different, unique Trill Username.
You agree to provide Trill with accurate, complete, and updated registration information.
It's important that if you choose to register with an email address, that the email address associated with your Trill account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Trill immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
6. Content and User Content
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, written posts, replies, comments, information, data, text, software, scripts, executable files, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "User Content" means Content that a User submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all User Content.
Your Rights in User Content:
Users retain ownership and/or other applicable rights in User Content, and Trill and/or third parties retain ownership and/or other applicable rights in all Content other than User Content.
You retain ownership you have of any intellectual property you post to Trill.
User Content License to Trill:
When you provide User Content to Trill through the Services, you grant Trill a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User Content. The rights you grant in this license are for the limited purposes of allowing Trill to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give Trill a right to make substantive editorial changes or derivations, but does, for example, enable reposting, which allows Trill Users to redistribute User Content from one Trill account to another in a manner that allows them to add their own User Content or other Content before or after your User Content.
When you upload your creations to Trill, you’re giving us permission to make them available in all the ways you would expect us to (for example, via your account, the Trill Feed, etc.). We never want to do anything with your work that surprises you.
Something else worth noting: Trill accounts may go on to spawn books, films, albums, brands, and more. Any royalties or reimbursement you get for your creations are, needless to say, entirely yours.
Note also that this license to your User Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Trill’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all User Content you transfer to us.
Content License to You:
As a User of the Services, Trill grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below).
Compliance with Community Guidelines:
You agree that you won't violate Trill's Community Guidelines. Trill prohibits abusive users and inappropriate content. Trill's team of moderators are present on Trill 24/7 and are able to remove users from Trill if they post content that violates these Guidelines.
Termination and Deletion:
If you develop software or services based on the Services or any Content, whether using the Trill Application Programming Interface or not, you will agree to and comply with the Trill Application Developer and API License Agreement .
8. Use of Trademarks
Any use of Trill's trademarks, branding, logos, and other such assets in connection with the Services shall use Trill’s approved branding and shall be in accordance with the Trill Trademark Guidelines.
9. Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Trill DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Trill makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components; or (e) be entirely secure or that the information you share with us will be secure. Trill also makes no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibility of, the Users providing that Content. No advice or information, whether oral or written, obtained from Trill or through the Services, will create any warranty not expressly made herein.
10. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Trill must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Trill and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Trill (the “Trill Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Users, including those between you and other Users.
The acts of third parties generally (i.e., individuals or entities who are not Trill or a Trill Affiliate), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to Trill at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Users or third parties who organize, attend, or are otherwise involved in any Meetups. Unless otherwise expressly disclosed in writing, Trill does not sponsor, oversee, or in any manner control Meetups.
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Trill AND THE Trill AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Trill HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Trill AND THE Trill AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
12. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Trill may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Trill may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
14. Choice of Law and Venue
You and Trill agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Trill otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the State of Delaware as they apply to agreements entered into and to be performed entirely within Delaware between Delaware residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Trill must be resolved exclusively by a state or federal court located in Sussex County, Delaware, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Sussex County, Delaware, for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware, excluding choice of law.15. Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement between you and Trill with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Trill's prior written consent. Trill may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Trill in any respect whatsoever. Any notice to Trill that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:
Trill Project, Inc.
5665 N. Scottsdale Rd.
Paradise Valley, AZ 85250
Attn: Legal Department
16. Special Provisions for Users Located Outside of the United States
Trill provides global products and services and enables a global community for individuals to share and follow the things they love. Trill's servers and operations are, however, located in the United States, and Trill's policies and procedures are based on United States law. As such, the following provisions apply specifically to Users located outside of the United States: (1) you acknowledge that we will transfer, store, and process your information, including but not limited to User Content and any personal information, in the United States and/or other countries in order to provide you with the Services and perform this Agreement; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services.
17. DMCA Copyright Policy
Trill has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of Trill's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA by emailing email@example.com, with subject line DMCA COPYRIGHT NOTICE.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Identification of the work or material being infringed.Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Trill is capable of finding it and verifying its existence.Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.A statement made under penalty of perjury that the information provided in the notice is accurate and that the - Notifying Party is authorized to make the complaint on behalf of the copyright owner.A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.Please also note that the information provided in a notice of copyright infringement may be forwarded to the User who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Trill will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Trill will terminate, under appropriate circumstances, the Accounts of Users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any User for actual or apparent copyright infringement.
Trill Project, Inc.
5665 N. Scottsdale Rd.
Paradise Valley, AZ 85250
Attn: Legal Department
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Trill by providing the following information to the Designated Agent at the address below:
The specific URLs of material that Trill has removed or to which Trill has disabled access.Your name, address, telephone number, and email address.A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Sussex County, Delaware if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."Your signature.
Trill Project, Inc.
5665 N. Scottsdale Rd.
Paradise Valley, AZ 85250
Attn: Legal Department