This page outlines the Terms of Service for all Triple Whale. Please read it carefully before using our site, app, services, or products. This agreement represents a contract between you and the developers of all Triple Whale apps, and we’ve tried to make it as clear and simple as possible, but there’s some legal jargon where necessary. Please feel free to contact us at Aj@triplewhale.com with any questions or comments.
1. Accepting the Terms of Service
Please read these Terms of Service (the "Agreement") carefully before using this Triple Whale (the “App”), and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by the app developer, Triple Whale, Ltd. (all of those collectively with the App, the "Services") (Triple Whale Ltd., a company incorporated under the laws of the State of Ohio, collectively with its agents, representatives, consultants, employees, officers, and directors, "Triple Whale," "we," or "us"). By using or accessing the Services, you ("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.
2. Modifications to this Agreement
Triple Whale 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 to your app). 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.
3. Use of the Services
Eligibility: No individual under the age of ten (10) may use the Services, provide any personal information to Triple Whale, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with Triple Whale and are not legally prohibited from using the Services.
Service Changes and Limitations: The Services change frequently, and their form and functionality may change without prior notice to you. Triple Whale 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. Triple Whale 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. Triple Whale 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). Triple Whale 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 Triple Whale 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 Triple Whale (and only pursuant to those terms and conditions); (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 Subscriber, 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.
4. Registration and Security
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and Triple Whale username. You agree to provide Triple Whale with accurate, complete, and updated registration information, particularly your email address.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Triple Whale immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
6. Content and Subscriber Content
Definitions: For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content: Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Triple Whale and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
Subscriber Content License to Triple Whale: When you provide Subscriber Content to Triple Whale through the Services, you grant Triple Whale 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 Subscriber Content. The rights you grant in this license are for the limited purposes of allowing Triple Whale to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give Triple Whale a right to make substantive editorial changes or derivations, but does, for example, enable Triple Whale Subscribers to redistribute Subscriber Content in a manner that allows them to add their own text or other Content before or after your Subscriber Content.
You also agree that this license includes the right for Triple Whale to make all publicly-posted Content available to third parties selected by Triple Whale, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Triple Whale’ 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.
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 Subscriber Content you transfer to us.
Content License to You: As a Subscriber of the Services, Triple Whale 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 the following app community guidelines:
Be Respectful: It’s okay to disagree with people and to voice strong opinions, but make sure you maintain a respectful tone when engaging with fellow members. Certainly, any form of harassment, bullying, or hate speech is way out of bounds and will not be tolerated.
Be Appropriate: We value your freedom to explore this app without encountering objectionable content. People have different opinions about what’s acceptable to share and write online, but we can all agree that graphic content of a sexual or violent nature doesn’t belong here.
Be Authentic: This app is about real people sharing their own ideas. Therefore, using a false identity, presenting the intellectual property of others as your own, and posting the private information of others is not allowed.
If you see something on this app that does not appear to conform to these guidelines, please contact your app administrator or contact us at Aj@triplewhale.com and we will respond to the matter within 24 hours.
Termination and Deletion: On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Triple Whale shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed.
7. Use of Trademarks
Any use of the Triple Whale or client trademarks, branding, logos, and other such assets in connection with the Services shall not be permitted.
8. 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, Triple Whale DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Triple Whale 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, or (d) be free of viruses or other harmful components. Triple Whale also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Triple Whale or through the Services, will create any warranty not expressly made herein.
9. 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 Triple Whale 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, Triple Whale 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, Triple Whale Labs (the “Triple Whale 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 Subscribers, including those between you and other Subscribers.
The acts of third parties generally (i.e., individuals or entities who are not Triple Whale or a Triple Whale 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.
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."
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Triple Whale AND THE Triple Whale 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 SUBSCRIBER 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 Triple Whale 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 Triple Whale Labs AND THE Triple Whale 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).
11. 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. Triple Whale 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, Triple Whale may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Triple Whale or any third party.
13. Choice of Law and Venue
You and Triple Whale 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 Triple Whale otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us at aj@TripleWhale.com 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 Ohio, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Triple Whale must be resolved exclusively by a court located in the State of ohio, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the State of Ohio for the purpose of litigating all such claims or disputes.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Triple Whale 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 Triple Whale’ prior written consent. Triple Whale may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Triple Whale in any respect whatsoever. Any notice to Triple Whale that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by internationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to 4 Ha’nechoshet St., Ohio, 69710, Attn: Triple Whale, Ltd.
15. 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 aj@TripleWhale.com and use the phrase “Copyright Infringement Notice” in the subject line:
1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Triple Whale is capable of finding it and verifying its existence.
3. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
4. 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.
5. 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.
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
7 Business Use
don't use it for business
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Subscriber who posted the allegedly infringing content. After removing material, Triple Whale will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Triple Whale will terminate, under appropriate circumstances, the Accounts of Subscribers who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement.