TENDLE TERMS OF USE AND PRIVACY POLICY
Updated March 19, 2014
Overview
Thank you for visiting Tendle.com. This site and all related domains, (collectively, the
“Site”), are owned by Tendle (“Tendle” or “us”). Tendle is a for-profit, commercial
organization and the Site is a commercial social media website and online service
provider for a general audience, specifically targeted to parents.
This document contains the Terms of Use and General Privacy Policy (collectively, the
“Terms” or the “Agreement”). By accessing and using Tendle’s technology and the Site,
you indicate that you have read and agree to these Terms. If you do not agree to the
Terms, please do not use the Site. Tendle shall be free to change these Terms at any time
by posting the changes on the Site without any individual notice to you, except as
otherwise required by law. Your use of the Site after any change is posted will be
deemed to be acceptance of such change. It is your responsibility to review these Terms
periodically, and if at any time you find these Terms unacceptable, you must immediately
leave the Site and cease all use of the Site.
Information on Children’s Privacy
Tendle complies with the Children’s Online Privacy Protection Act (COPPA) and all
other applicable laws and regulations concerning children and the Internet. Because our
website is not directed to children under the age of 13, we shall not provide membership
to persons under age 13. If you are under the age of 13, you may not create an account on
the Site, you may not sign up for any subscription service from us, and you are not
eligible to enter any of our programs. Except as may be required by law, we will not
knowingly collect, maintain, or disclose any personal information from children under
the age of 13.
If you are between the ages of 13 and 18 and are not an emancipated minor, please let
your parent or legal guardian know about these Terms and get his or her permission
before you give us any of your personal identifiable information. Do not post your real
name on a web site or message board, and never tell anyone online anything private about
yourself or your family, including your phone number and address. Use screen names at
all times.
We encourage parents and guardians to spend time online with their children to become
familiar with the types of content available on the Internet. Parents and guardians should
regularly oversee their children’s use of e–mail and other online communications and
transactional features. Control tools are available from online services and software
manufacturers that can help provide a safe online environment for kids. If you are a
parent or guardian who has discovered that your child has submitted his or her personal
information without your permission or consent, we will take steps to remove that
information from our database at your request. To request removal of your child’s
information, please send us an e–mail to info@tendle.com and be sure to include in your
message the same user name, password, and e–mail address that your child submitted.
Table of Contents (please click to view the text):
• Copyright Agent/Proprietary Rights Notice
1. Changes to the Site. Tendle may add or change the content of the Site at any
time and any additions or changes shall be automatically deemed covered by these
Terms. Tendle may terminate or suspend the Site or your access to the Site, in
whole or in part, at any time. No such actions shall be deemed a breach or
violation of this Agreement by Tendle. Tendle shall not be obligated to provide
individual notice to you of any changes to the Site, unless otherwise required by
law.
2. Posting User Content. You are responsible for everything you post or transmit to
or through the Site (“User Content”). User Content shall include all information
and materials posted on or through the Site under your username. You may have
the option to opt-in to make the information that you post on the Site publically
available or available to third parties, in which case it will not be private and may
be accessed and viewed by the public or by third parties. In such a case, Tendle is
not responsible for how such information is used by the public or such third
parties. When using Site features, we recommend that you not disclose your
email address, home address, home telephone number or other personal
information you may not want generally disclosed to the public or third parties.
Further, Tendle recommends that you do not post your real name on any web site
or message board, and that you never share or tell anyone online anything private
about yourself or your family, including your phone number, address, email
address or other personal identification information. Tendle advises that you use
screen names at all times to protect your identity.
3. Inappropriate Content; Suspension or Termination of Account. You agree not
to upload, download, display, perform, transmit, or otherwise distribute any
content that (i) is libelous, defamatory, obscene, pornographic, abusive,
threatening, or otherwise inappropriate for the Site’s users; (ii) advocates or
encourages conduct that could constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national, or foreign law
or regulation; (ii) advertises or otherwise solicits funds or is a solicitation for
goods or services; or (iv) infringes on the copyright, trademark, right of publicity
or other intellectual property rights of others. Tendle reserves the right to suspend
or terminate your receipt, transmission, or other distribution of any such material
using the Site, and, if applicable, to delete any such material from its servers.
Tendle may, in its discretion, suspend or terminate your account for any violation
of these Terms. It is Tendle’s policy, in its discretion, to disable and/or terminate
the accounts of users who may infringe or repeatedly infringe the copyrights or
other intellectual property rights of others. Tendle further reserves the right to
suspend or terminate your access to some or all of the Site at Tendle’s sole
discretion. Tendle intends to cooperate fully with any law enforcement officials or
agencies in the investigation of any violation of these Terms or of any applicable
laws.
4. Confidentiality of Passwords and Usernames. You are responsible for
maintaining the confidentiality of your user identification for the Site. You may
not share your username, password or other user identification with anyone, and
you may not allow anyone else to use your account. You are responsible for all
activities that occur under your user identification or your account. You agree to
notify Tendle immediately of any unauthorized use of your account, username,
password or other user identification. Tendle shall not be liable for any loss that
you incur as a result of someone else using your account or password, either with
or without your knowledge or consent. You may be held liable for any losses
incurred by Tendle, its affiliates, officers, directors, employees, consultants,
agents, members and representatives due to someone else’s use of your account or
password.
5. Restrictions. You agree that you shall not:
5.1. interrupt or disrupt or attempt to interrupt or disrupt the Site in any way or
prevent or impede any other party’s access to the Site;
5.2. provide false or misleading information about yourself or others on or
through the Site;
5.3. post any User Content on or through the Site that contains or delivers any
form of viruses, trojan horses, or any other form of malicious or harmful program;
5.4. modify or change or attempt to modify or change any aspect of the Site;
5.5. collect or store personal data about other users on the Site;
5.6. violate or attempt to violate any security features of the Site, including,
without limitation, accessing content or data not intended for you, or logging onto
a server or account that you are not authorized to access;
5.7. attempt to probe, scan, or test the vulnerability of the Site, or any associated
system or network, or to breach security or authentication measures without
proper authorization;
5.8. interfere or attempt to interfere with service to any user, host, or network,
including, without limitation, by means of submitting a virus to the Site,
overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
5.9. use the Site to send unsolicited e-mail, including, without limitation,
promotions, or advertisements for products or services;
5.10. forge any TCP/IP packet header or any part of the header information in any
e-mail or in any posting using the Site; or
5.11. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code
used by Tendle in providing the Site.
Any violation of system or network security may subject you to civil and/or
criminal liability.
6. Links to Third Party Sites. The Site may contain links to third party sites and on
line services (“Linked Sites”). Your dealings with such Linked Sites, including
issues such as payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and the owners and operators of the Linked Sites. You shall abide by
all of the terms and conditions related to your dealings with the Linked
Sites. YOU HEREBY RELEASE TENDLE FROM ANY RESPONSIBILITY
OR LIABILITY FOR YOUR USE OF OR ACCESS TO THE LINKED
SITES. YOUR USE OF AND ACCESS TO THE LINKED SITES IS AT YOUR
OWN RISK. TENDLE SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY
MANNER FOR THE RESULTS OF YOUR DEALINGS WITH THE LINKED
SITES OR FOR THE ACCURACY, CURRENCY, CONTENT, OR QUALITY
OF THE INFORMATION PROVIDED BY SUCH SITES, AND SHALL NOT
HAVE LIABILITY FOR ANY LOSS OR DAMAGE OF ANY SORT
INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE
RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR OTHERS ON
THE SITE. Linked Sites have no authority to bind or obligate Tendle in any
manner whatsoever. Tendle generally does not screen or investigate the content
or information contained in Linked Sites or their products, services or
policies. Unless expressly stated, Tendle does not endorse, sponsor or
recommend any such other parties or their sites or the information contained on
such sites.
7. Access to User Content. Tendle has the right to access all User Content you post
on the Site and to monitor your activities on the Site. Tendle can remove any
User Content that Tendle deems in violation of this Agreement or that it deems to
violate Tendle policy in effect from time to time. But Tendle has no obligation to
review or reject any User Content and Tendle shall not, as a regular matter,
review, edit, censor or otherwise maintain any supervisory role with regard to its
users’ activities or posted materials.
8. Copies and Legal Disclosures. Tendle has the right to store and make copies of
the User Content and to make some or all of the User Content available to others
on the Site or by disclosure to third parties, subject to these Terms. Tendle shall
have the right, but not the obligation, to include your name, email address or other
information about you in any uses of the User Content, if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (i) comply with legal process; (ii) enforce the terms of this
agreement; (iii) respond to claims that any User Content violates the rights of
other parties; or (iv) protect the rights, property, or personal safety of Tendle, the
Site, the users of the Site and the public.
9. Proprietary Rights. Tendle owns all Tendle copyrights, trademarks, service
marks, intellectual property as well as the graphics, text, and contents of the Site
(other than User Content posted by you or other users) and other proprietary
materials (“Tendle Intellectual Property”). You shall have no rights in any Tendle
Intellectual Property and you are not permitted to use any Tendle Intellectual
Property for any purpose. Others who post any information and materials to the
Site, as well as those who advertise on the Site, may own rights to that
information and material or such advertisements and other matters and you shall
not copy, transmit, repost or otherwise use any such information and material or
such advertisements and other matters anywhere without the express, prior and
written permission of the owner of that information and material or such
advertisements and other matters. You shall not be deemed to be a joint author of
the Site and it is not your intention or Tendle’s intention to be joint authors, as
that term is defined in the United States copyright act. You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Site. The
copyright in all contents of Site is the property of Tendle, all rights reserved.
10. Rights in User Content. Tendle does not claim ownership in any User Content.
However, with respect to any User Content, you hereby grant to Tendle, and
Tendle’s successors, assigns, agents and licensees, a non-exclusive, worldwide,
irrevocable, perpetual, fully paid license to use, copy, display, post, repost,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate,
reformat, make compilations, data bases, derivative and other versions of the User
Content, including, but not limited to, incorporating the User Content into other
works for the purposes of operating the Site and providing online services to
you. We will not compensate you for our use of User Content or for your
activities on the Site. You agree that Tendle may publish or otherwise disclose
your name in connection with your User Content, subject to these Terms. By
posting User Content on or through the Site, you warrant and represent that you
own the rights to the User Content or are otherwise authorized to post, distribute,
display, perform, transmit, or otherwise distribute User Content.
11. Tendle Transfer Right. Tendle shall have the right to sell, assign and otherwise
transfer any or all of its rights in this Agreement and the Site to any other party
including but not limited to parties owned and controlled by or related to Tendle.
12. Linking to the Site. Tendle does not object to links made to the Site provided that
the following guidelines are followed:
12.1. Plain Text Links. You may link to the Site using the plain text name:
“Tendle.com” or “Tendle”. Unless Tendle specifically agrees in writing, you may
not use any of Tendle’s other trademarks, service marks, logos, designs, images,
photographs, or slogans to link to the Site. Due to content updates, it is
recommended that any links to the Site be only to the home page of
info@tendle.com.
12.2. No Endorsements. You may not link to any part of the Site, or make
reference to Tendle, in a manner that suggests Tendle has a relationship or
affiliation with your site or you or that Tendle endorses, sponsors or recommends
your site or the information, products, or services on your site.
12.3. Restrictions. Unless Tendle specifically agrees in writing, no part of the
Site or its content may be incorporated into another site (e.g., by in-lining or
framing or other formats). None of Tendle’s names, logos, designs, images,
photographs, slogans, trademarks, service marks, or any other words or codes
identifying Tendle’s website shall be used in any metatag or other information
used by search engines or other information location tools to identify and select
sites.
13. Your Representations and Agreements. You represent, warrant and agree that:
13.1. You are at least 18 years of age or that if you are younger than 18 years old
and not an emancipated minor, that your parent or legal guardian has consented to
the collection and use of the User Content you provide.
13.2. The User Content posted or transmitted on or through the Site does not and
will not impair or violate any rights of any other person or entity, including, but
not limited to, contract, copyright, trademark, trade dress, privacy, publicity or
any other rights.
13.3. The User Content complies and will comply with all applicable laws,
statutes, regulations of any governmental or other body exercising jurisdiction
over this Agreement, the Site or otherwise anywhere in the world.
13.4. The User Content is original with you; that all information contained in the
User Content is completely truthful, honest and not misleading in any way.
13.5. You are solely responsible for full compliance with all federal, state and
local laws, statutes, rules and regulations of the United States and similar
enactments anywhere in the world regulating this Agreement, the Site or
otherwise.
13.6. You will not seek to hold Tendle, or any of Tendle’s subsidiaries, affiliates,
owners, officers, directors, agents, members, attorneys or others liable in any
manner for anything that may result from your or another person’s use of the Site
or the User Content.
13.7. INDEMNIFICATION. YOU WILL INDEMNIFY, DEFEND AND HOLD
HARMLESS TENDLE, TENDLE’S SUBSIDIARIES, AFFILIATES, OWNERS,
OFFICERS, DIRECTORS, AGENTS, MEMBERS, ATTORNEYS AS WELL
AS RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS AGAINST ANY
AND ALL CLAIMS, DEMANDS, COSTS, AWARDS, DAMAGES AND THE
LIKE, INCLUDING ATTORNEYS’ FEES AND COSTS, THAT MAY ARISE
FROM (i) YOUR VIOLATION OF THESE TERMS, INCLUDING A BREACH
OR CLAIMED BREACH OF ANY OF YOUR WARRANTIES,
REPRESENTATIONS OR OBLIGATIONS, OR (ii) FOR ANY OTHER CAUSE
OF ACTION OR CLAIMS BY ANY THIRD PARTY, INCLUDING BUT NOT
LIMITED TO ANY GOVERNMENTAL BODY, RELATING TO YOUR USER
CONTENT OR TO YOUR USE OF THE SITE. THE BURDEN OF PROVING
THAT ANY USER CONTENT DOES NOT VIOLATE ANY LAWS OR THIRD
PARTY RIGHTS RESTS SOLELY WITH YOU.
THESE REPRESENTATIONS, WARRANTIES AND AGREEMENTS WILL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
14. DISCLAIMERS. THE SITE AND ALL OF THE COMPONENTS OF THE
SITE, INCLUDING, BUT NOT LIMITED TO, ANY LINKS AND
ADVERTISING, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO
USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE. TENDLE DOES NOT WARRANT THAT ANY OF THE
MATERIAL YOU POST ON OR THROUGH THE SITE WILL BE
SECURE. YOU ARE USING THE SITE AT YOUR OWN RISK. TENDLE
SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY
PARTY, INCLUDING, BUT NOT LIMITED TO, ANY “HACKERS” OR
THOSE WHO MIGHT INVADE OR DISRUPT THE SITE OR TAKE
INFORMATION INCLUDING MATERIAL YOU PROVIDE FROM THE SITE
OR OTHERWISE. TENDLE DOES NOT WARRANT THAT THE SITE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE. TENDLE SHALL NOT BE
RESPONSIBLE FOR THE CORRECTNESS OR ACCURACY OF ANY
INFORMATION OBTAINED FROM THE SITE, WHETHER SUCH
INFORMATION IS FROM TENDLE OR FROM ANY OTHER PARTY
INCLUDING BUT NOT LIMITED TO BY OR FROM ANY LINKED PARTY,
ADVERTISER OR ANY OTHER PARTY. TENDLE DOES NOT ENDORSE
OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING
BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER
PARTY. TENDLE SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR
OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY
LINKED PARTY, ADVERTISER OR ANY OTHER PARTY INCLUDING
BUT NOT LIMITED TO ANY PARTY WHICH MAY PROVIDE SERVICES
TO THE SITE OR TO YOU. THE INFORMATION CONTAINED IN THE
SITE AND DATABASE IS PROVIDED FOR GENERAL INFORMATION
PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL
ADVICE. TENDLE MAKES NO CLAIMS, PROMISES OR GUARANTEES
ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE
INFORMATION CONTAINED IN OR LINKED TO THE SITE AND
DATABASE. AS LEGAL ADVICE MUST BE TAILORED TO THE
SPECIFIC CIRCUMSTANCES OF EACH CASE AND LAWS ARE
CONSTANTLY CHANGING, NOTHING PROVIDED HEREIN SHOULD BE
USED AS A SUBSTITUTE FOR THE ADVICE OF COMPETENT LEGAL
COUNSEL. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING
BASED ON INFORMATION AT THE SITE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, TENDLE SHALL NOT BE LIABLE TO YOU OR
ANY OTHER PARTY FOR ANY DAMAGES OR COSTS OF ANY KIND
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE
OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY OR
THROUGH TENDLE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT,
INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, PERSONAL INJURY OF ANY SORT,
COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT
INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY,
INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF
GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT,
FAILURE TO PAY FOR SERVICES OR WORK, OR ANY FAILURE OF
TENDLE OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS OR
ACCESS TO THE SITE FOR ANY PERIOD OF TIME. THIS LIMITATION
WILL APPLY REGARDLESS OF THE FORESEEABILITY OF THOSE
DAMAGES AND REGARDLESS OF WHETHER THE DAMAGES ARISE
OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY OR FORM OF ACTION. THE WITHIN LIMITATION OF
WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES
OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER
RIGHTS THAT MAY VARY FROM STATE TO STATE.
15. Miscellaneous.
15.1. The Site is provided by Tendle, located at 1732 1st Avenue #27301, New
York, NY 10128. If you have any complaints about the Site, you can contact
Tendle at the above address. Please be sure to note all such correspondence
ATTN: Legal Department/Website Policies.
15.2. If you believe your copyright rights have been violated by any content on
this website, you should notify Tendle’s Designated Agent. The name of
Tendle’s agent is Anthony Ellrod, Manning & Kass, Ellrod, Ramirez, Trester, LLP, 801 S. Figueroa Street, 15th Floor, Los Angeles, CA 90017, aje@manningllp.com. See Tendle’s Copyright Agent/Proprietary Rights Notice.
15.3. This Agreement shall be subject to and interpreted under the laws of the
state of California applicable to agreements wholly to be performed therein,
without regard to conflicts of laws rules, as well as the laws of the United States,
where applicable.
15.4. This Agreement is the complete understanding between you and Tendle
with respect to the subject matter. Tendle may add to or change the provisions of
this Agreement by posting such changes on the Site but without any individual
notice to you except as may be required by applicable law. If you use the Site
after such change is so posted, you will be deemed to have accepted such change
and such change shall be made a part of this Agreement.
15.5. A waiver of any provision of this Agreement, or any claimed breach thereof,
shall not be deemed a waiver of any other provision or breach. All remedies
available to Tendle in this Agreement and under applicable law are cumulative
and the exercise by Tendle of any remedy shall be without prejudice to Tendle’s
exercise of any other rights or remedies available to Tendle.
15.6. Any dispute arising under this Agreement shall be determined only by a
court of competent jurisdiction in Los Angeles, California. You expressly
consent to personal jurisdiction in such state and in such court. In any action
under this Agreement, the prevailing party shall be entitled to attorneys’ fees and
court costs. In the event any portion of this Agreement shall be held invalid or
unenforceable it shall not affect the validity or enforceability of the rest of this
Agreement. All of the provisions of this Agreement shall survive the termination
of this Agreement for any reason.
16. Effective Date: The effective date for these Terms is February 24, 2014.
The following are the terms of the privacy policy of Tendle regarding use of the Site.
This Privacy Policy applies only to information collected by Tendle through the Site and
does not apply to personal information collected through other sources or by any other
means. This Privacy Policy is only applicable to the Site, and not to any other websites
that you may be able to access from the Site, each of which may have data collection and
use practices and policies that differ materially from this Policy. This Privacy Policy is
incorporated by reference into the Terms.
1. Kinds of Information Collected. Tendle collects information from you and about you
and your use of the Site and uses that information in various ways.
1.1 Registration. You may be required to provide or confirm personal information
including your name, email address, street address, telephone number, date of
birth, username, password and other information to verify your identity
(“Registration Information”). You may also be asked to verify your identity
through confirmation of an e-mail sent by us to the e-mail address given by you
prior to you being permitted to access the system. You may also be asked to
create a password and to provide a password hint, in the event you lose or forget
your password. You may be required to confirm this information from time to
time, as well.
1.2 Traffic and Transaction Data. Our servers automatically recognize visitors’
domain names and IP addresses (the number assigned to computers on the
Internet). Some limited personal information about you may also be collected in
this process. The Site may also gather anonymous “traffic data” that does not
personally identify you, but that data may be helpful for marketing purposes or for
improving the services we offer. In addition, we may use IP addresses to help
diagnose problems with our server, to administer our site, or to display the content
according to your preferences. Traffic and transaction information may also be
shared with business partners and advertisers on an aggregate and anonymous
basis.
1.3 Cookies. From time to time, we may use the standard “cookies” feature of major
browser applications that allows us to store a small piece of data on your
computer about your visit to the Site. We do not set any personally identifiable
information in cookies. For example, cookies help us learn which areas of our site
are useful and which areas need improvement. You can choose whether to accept
cookies by changing the settings on your browser, but if you choose to disable
this function, then your experience at our Site may be diminished and some
features may not work as they were intended. We may use cookies to deliver
content specific to your interests, to save your password so you don’t have to re-
enter it each time you visit the Site, or for other purposes. Promotions or
advertisements may be displayed on the Site and may contain third party cookies.
We do not have access to or control over information collected by outside
advertisers on our Site.
1.4 Contact Data. Tendle may collect your name, email address, street address,
telephone number and other contact information. This information may be used
by Tendle to communicate with you, including in regard to Tendle business and
may be used by Tendle for any purposes related to the business of Tendle,
including mergers, acquisitions and other business transactions, including any
dealings with other organizations whether or not related to Tendle. Tendle may
also disclose this information to the affiliates or to third parties it has contracted
with to perform certain services on its behalf or to administer certain member
benefits. Additionally, some site features may allow you to opt-in to share your
contact information with third parties. NOTE: INFORMATION YOU POST
AND OPT-IN TO BE SHARED WITH THIRD PARTIES IS NOT PRIVATE
AND MAY BE ACCESSED AND VIEWED BY OTHERS. TENDLE IS NOT
RESPONSIBLE FOR HOW SUCH INFORMATION IS USED BY THIRD
PARTIES. WE RECOMMEND THAT YOU NOT OPT-IN TO DISCLOSE
PERSONAL INFORMATION YOU MAY NOT WANT DISCLOSED.
1.5 Return Email Addresses. When you send email inquiries to Tendle, your return
email address is used to answer the email inquiry we receive. Tendle does not use
the return email address for any other purpose and does not share the return email
address with any third party unless specifically authorized by you in the email
inquiry.
1.6 Surveys. Tendle may periodically conduct surveys on the Site or engage others to
conduct such surveys. Tendle encourages you to participate in these surveys,
because they provide Tendle with important information that helps Tendle to
improve the types of services Tendle offers and how Tendle provides
them. Participation in Tendle’s surveys is voluntary. Tendle may take the
information Tendle receives from individuals responding to these surveys and
combine (or aggregate) it with the responses of other visitors to the site to create
broader, generic responses to the survey questions (such as gender, age, residence,
hobbies, education, employment, industry sector, or other demographic
information). Tendle may then use the aggregated information to improve the
quality of Tendle’s services, and to develop new services and products and for
other Tendle-related uses including but not limited to that this aggregated, non-
personally identifying information may be shared with third parties. Tendle will
take commercially reasonable efforts to ensure that any parties Tendle engages to
conduct such surveys agree that they may not use such information except to
provide it to Tendle and that they must keep such information confidential and
secure but Tendle does not guarantee that such parties will do any of the
foregoing and Tendle will not be responsible in any manner should such parties
fail to comply with such agreement.
1.7 Credit Card Data. Should you ever have the opportunity to make payments by
credit card online through Tendle’s website, Tendle shall obtain your credit card
and related information but such credit card and related information shall be used
only to process your payment and shall not be retained by Tendle. Tendle may
use third party services to process your credit card transaction.
1.8 Security. Tendle follows generally accepted industry standards to protect
personal information submitted to Tendle. We limit access to personal
information about you to our employees and agents who we believe
reasonably need to come into contact with that information to provide
products or services to you or in order to do their jobs. No method of
transmission over the Internet, or method of electronic storage, is 100%
secure, however. Therefore, while Tendle strives to use commercially
acceptable means to protect your personal information, Tendle cannot
guarantee its absolute security. Further, Tendle will not be liable for any
inadvertent disclosure of any information by Tendle or any other parties in
any manner inconsistent with the provisions of Tendle’s Terms or
Policies. If you do not agree with the provisions of the Terms or this
Privacy Policy, please send an email to info@tendle.com and request that
we remove your information.
2. Advertisers and Other Parties. Through Tendle and the Site you may be introduced
to a variety of other parties and sites including but not limited to vendors of goods and
services, providers of other information and other parties’ web sites. All of these parties
are independent contractors, third parties and not related to Tendle. Although Tendle does
not collect of personally identifiable information about an individual consumer’s online
activities over time and across third-party Web sites or online services, third parties may
collect such personally identifiable information about your online activities over time and
across different Web sites when you use that third party’s website or services. The
privacy policies and terms of use of these other parties and sites are not under Tendle’s
control and may differ from Tendle’s Privacy Policy and Terms. Therefore, you should
carefully review the applicable privacy policies and terms of use prior to accessing and
using third party sites. The use of any information you may provide to any other party or
site, or the use of “cookie” technology by any other party or site, will be governed by the
privacy policy and terms of use of the operator of the other site that you are visiting. In
some cases, these other parties and sites may share the information that they collect about
you with Tendle. If you have any doubts about the privacy or security of the information
you are providing to another party or on another site or about the privacy policy and
terms of use of such other parties or sites, Tendle recommends that you contact that other
party and site directly for more information and review their privacy policy and terms of
use. Tendle is not now and never will be responsible for the actions of such other parties
in any manner whatsoever, including but not limited to any violation of such privacy
policies, terms of use or otherwise. Tendle does not endorse any of these web sites,
companies, organizations, or services or the content of any of these web sites.
3. Your Rights to Opt Out and Change or Delete Your Information.
wish to receive e-mail or other correspondence related to Tendle’s or other parties’
marketing, promotions, products or services, please follow Tendle’s procedures to do so.
See Email Opt Out Procedures. You may change or delete the information you provide
by accessing your online account. If you desire to cease using the Site, please remove
your account. To change or delete data on the Site, please follow the procedures listed on
the Site.
4. Tendle’s Rights To Change; Permitted Releases. Tendle may change this privacy
policy or any aspect of it by publicly posting such changes on the Site but without any
individual notice to you. If you use the Site after such change is so posted, you will be
deemed to have accepted such change and such change shall be made a part of this
privacy policy. Except as otherwise disclosed in this Privacy Policy, Tendle shall not
share any information about you with any affiliated entity or with any third parties unless
the disclosure is reasonably necessary: (i) comply with law, (ii) enforce or apply terms of
any of agreement between you and Tendle or (iii) protect the rights, property or safety of
Tendle, other users, or others.
5. Miscellaneous. Please see the Terms of Use document for other provisions that apply
to your use of the Site.
6. Effective Date: The effective date for this privacy policy is February 24, 2014.
NOTICE OF COPYRIGHT AGENT AND PROPRIETARY RIGHTS
Tendle respects the intellectual property of others, and we ask our users to do the same. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please
provide Tendle’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Tendle’s Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail: Anthony Ellrod, Manning & Kass, Ellrod, Ramirez, Trester, LLP, 801 S. Figueroa Street, 15th Floor, Los Angeles, CA 90017, aje@manningllp.com
TENDLE EMAIL OPT-OUT PROCEDURE
Adding Your E-mail Address:
To add your E-mail Address: Go to “Settings” on the website and add your E-mail
address.
Updating Your E-mail Address:
To Update Your E-mail Address: Go to “Settings” on the website and update your E-mail
address.
Deleting Your E-mail Address:
If you would like to remove your e-mail address from our database: Go to “Settings” on
the website and delete your E-mail address.
Member requests for removal from Tendle’s E-Mail List will cause your e-mail
address to be removed entirely and you will not receive any future e-mail
correspondence of any nature from Tendle. Please be sure you wish to be removed
entirely before submitting your request.
