Terms And Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.

ACCEPTANCE OF TERMS


tp-com-s.com (the Site ) provides articles, photos and video
hosting/blogging service to you (the Service(s) ), subject to the
following Terms of Service ( TOS ), which may be updated from time to
time without notice to you. Your use of the Service constitutes
acceptance of these TOS and creates a binding legal agreement, so read
them carefully. Please note, you must be 13 years or older to use this
Service. Any reference to us, our, we or similar words shall refer to
this Site and its affiliates thereto.




REGISTRATION


You agree that all information provided to us upon registration and
at all other times will be true, accurate, current and complete. You
also agree that you ensure this information will be kept up to date at
all times. This especially applies to your email address since we will
direct all communication to you about your account to your email
address. We will use the information you provide to us in accordance
with our Privacy Policy (as determined below).




PRIVACY POLICY AND CONSUMER EDUCATION


In order to use the Services, you agree to be bound by the Privacy
Policy of the Site. Please review the Privacy Policy (which may be
accessed at the Site) on a regular basis as it may be updated from time
to time.




COPYRIGHTS


Unless otherwise indicated, all Site non content materials,
including, without limitation, the Site logo, and all designs, text,
graphics, other non content files, and the selection and arrangement
thereof are the proprietary and copyrighted property of the Site. You
may electronically copy and print to hard copy portions of this Site for
the sole purpose of using materials it contains for informational and
non-commercial, personal use only. Any other use of the materials in
this Site that originated from us including any commercial use,
reproduction for purposes other than described above, modification,
distribution, republication, display or performance without the prior
written permission of us is strictly prohibited.




TRADEMARKS


The Site name and logo are our trademarks, and may not be copied,
imitated or used, in whole or in part, without our prior written
permission. In addition, all page headers, custom graphics, button icons
and scripts are service marks, trademarks and/or trade dress of the
Site, and may not be copied, imitated or used, in whole or in part,
without our prior written permission.




USE OF CONTENT SUBMITTED BY YOU/USER/AUTHOR


BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES,
IMAGES OR ANY OTHER CONTENT INCLUDING, WITHOUT LIMITATION, GRAPHICS,
VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND ( CONTENT ), YOU
ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE,
DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO THIS SITE.




You agree that any Content you upload, post, email, transmit or
otherwise make available via the Service is non-confidential and that we
shall have a perpetual, worldwide, non-exclusive license to use any
such Content in connection with the Service and our business (and any
successor), including without limitation for promoting and
redistributing part or all of the Service (and derivative works thereof)
in any media formats and through any media channels. You also hereby
grant each User a non-exclusive license to access your Content through
the Site, and to use, reproduce, distribute, prepare derivative works
of, display and perform such Content as permitted through the
functionality of the Site and under these Terms of Service. The
submission of any materials to us irrevocably waives any and all moral
rights in such materials, including the rights of paternity and
integrity. The foregoing license granted by you terminates once you
remove or delete Content from the Site.




USER / AUTHOR CONDUCT


You understand that all Content posted by Users/Authors, whether
publicly posted or privately transmitted, are the sole responsibility of
the User from which such Content originated. This means that you the
Author, and not us the Site, are entirely responsible for all Content
that you/user/author upload, post, email, transmit or otherwise make
available via the Service. We do not control the Content posted via the
Service and, as such, do not guarantee the accuracy, integrity or
quality of such Content.




You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will we be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Service.




You agree to not use the Service to:


  1. upload, post, email, transmit or otherwise make available any
    Content that is unlawful, harmful, threatening, abusive, harassing,
    tortuous, defamatory, vulgar, obscene, libelous, invasive of another s
    privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a
    Site official, forum leader, guide or host, or falsely state or
    otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to
    disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any
    Content that you do not have a right to make available under any law or
    under contractual or fiduciary relationships (such as inside
    information, proprietary and confidential information learned or
    disclosed as part of employment relationships or under nondisclosure
    agreements);
  6. upload, post, email, transmit or otherwise make available any
    Content that infringes any patent, trademark, trade secret, copyright or
    other proprietary rights of any party, or which would violate any right
    of publicity, right of privacy or other right of any party without
    first obtaining permission of the owner of such right. This includes
    group or individual portraits of people taken by professional
    photographers. Photos of people may only be used with the permission of
    the individual whose image is portrayed (or for minors, the permission
    of their parent or guardian). This includes celebrities and professional
    athletes, as well as ordinary citizens;
  7. upload, post, email, transmit or otherwise make available any
    unsolicited or unauthorized advertising, promotional materials, junk
    mail, spam, chain letters, pyramid schemes, or any other form of
    solicitation;
  8. upload, post, email, link, transmit or otherwise make available any
    material that contains software viruses or any other computer code,
    files or programs designed to interrupt, destroy or limit the
    functionality of any computer software or hardware or telecommunications
    equipment;
  9. interfere with or disrupt the Service or servers or networks
    connected to the Service, or disobey any requirements, procedures,
    policies or regulations of networks connected to the Service;
  10. intentionally or unintentionally violate any applicable local,
    state, national or international law, including, but not limited to,
    regulations promulgated by the U.S. Securities and Exchange Commission,
    any rules of any national or other securities exchange, including,
    without limitation, the New York Stock Exchange, the American Stock
    Exchange or the NASDAQ, and any regulations having the force of law;
  11. stalk or otherwise harass another;
  12. collect or store personal data about other Users;
  13. link to or refer to Content not allowed under these TOS;
  14. otherwise use the service in a manner deemed inappropriate by us.



POSSIBLE CONTENT REMOVAL


We retain the right, but not the obligation, to monitor and edit or
remove any activity or Content that it deems in its sole discretion to
be harmful to Users, us or the rights of any third party, or to violate
any applicable law. This includes the right, but not the obligation, to
remove any text or images uploaded by you that we deem in our sole
judgment to be inappropriate or that we believe may subject us to any
liability, including without limitation the following:


  • photographs, pictures, images, text or other materials submitted by
    Users that are protected by trademark, copyright, right of publicity or
    other proprietary right, without the express permission of the owner of
    those rights;
  • partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
  • profanity or offensive comments including but not limited to
    expressions of racism, bigotry or hatred, or that are abusive,
    slanderous or offensive;
  • any illegal material such as expressions of abuse, offensive
    language and imagery, obscenity or pornography, including, but not
    limited to, child abuse, child pornography, depictions of minors engaged
    in sexual conduct or explicitly sexual situations, or any other
    material that could give rise to any civil or criminal liability under,
    or otherwise violate, any applicable law.
LINKING TO OUR SITE


You are granted a limited, non-exclusive right to create a hyperlink
to this Site provided such link does not portray us or any of its
services in a false, misleading, derogatory or otherwise defamatory
manner. This limited right may be revoked at any time. You may not use,
frame or utilize framing techniques to enclose any of our trademarks,
logos or other proprietary information, including the images found at
the Site, the content of any text or the layout/design of any page or
form contained on a page without our express written consent.




Further, you may not use any meta tags or any other hidden text
utilizing our name, trademark or product name without our express
written consent. Except as noted above, you are not conveyed any right
or license by implication, estoppel or otherwise in or under any of our
patent, trademark, copyright or proprietary rights or any third party.
We make no claim or representation regarding, and accepts no
responsibility for the quality, content, nature or reliability of web
sites linking to this Site.




THIRD PARTY LINKS


We may provide links to web pages and content of third parties
( Third Party Content ) as a service to those interested in this
information. We do not monitor, nor does it have any control over, any
Third Party Content. We do not endorse or adopt any Third Party Content
and can make no guarantee as to its accuracy or completeness. We make no
representations or warranties of any kind regarding such Third Party
Content, or any information contained therein, and undertakes no
responsibility to update or review any Third Party Content.




When leaving the Site, you should be aware that the TOS no longer
govern, and, therefore, you should review the applicable terms and
policies, including privacy and data gathering practices, of that
particular site. Users use these links and Third Party Content contained
therein at their own risk.




CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT


If you believe that any material on the Site infringes upon any
copyright that you own or control, or that any link on the Site directs
users to another web site that contains material that infringes upon any
copyright that you own or control, you may file a notification of such
infringement with our Designated Agent. Please see NOTICE AND PROCEDURE
FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.




NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.




Pursuant to the Digital Millennium Copyright Act ( DMCA ), 17 U.S.C.
512(c)(3), the following information must be provided to our Designated
Agent,


Copyright Agent

Donald E. Lugo

dmca@tp-com-s.com


for notifications:


  • 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 are
    covered by a single notification, a representative list of such works
    at that site.
  • Identification of the material that is claimed to be infringing or
    to be the subject of infringing activity and that is to be removed or
    access to which is to be disabled, and information reasonably sufficient
    to permit the service provider to locate the material.
  • Information reasonably sufficient to permit 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.
  • 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.
  • Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
  • It is our policy to terminate the accounts and/or membership of
    Users who are repeat infringers or who are repeatedly charged with
    infringement, in appropriate circumstances.
TERMINATION


In the event that you are a registered user of the Site, you may
terminate such registration by notifying the Site by sending e-mail to admin@tp-com-s.com. After receipt of your termination notice, we will terminate your account.


We
may terminate your access to the Services or your registration at any
time in the event of a breach of these TOS by User or anyone accessing
the Services using registered User s username. We, at our sole
discretion, may also terminate these TOS at any time without cause, and
may suspend access to the Service with or without notice, to any User.




INDEMNIFICATION


User agrees to indemnify and hold us, our parents, friends,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys fees, made by any third party due to or
arising out of User s use of the Site, the violation of these TOS by
User, or the infringement by User, or any other user of User s account,
of any intellectual property or other right of any person or entity.




DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
    PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE HEREBY DISCLAIM ALL
    WARRANTIES AND CONDITIONS WITH REGARD TO ANY MATERIALS POSTED IN THIS
    WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO
    THIS WEB SITE, AND/OR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
    WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
    NON-INFRINGEMENT.
  2. WE MAKE NO WARRANTY THAT
    1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
    2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE,
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
      MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
      EXPECTATIONS, AND
    5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED
    THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
    AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
    SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
    MATERIAL.
  4. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
    INCIDENTAL, CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND ARISING
    OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
    CONTAINED IN ANY MATERIALS POSTED IN THIS WEB SITE OR IN ANY OTHER
    MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, UNDER ANY
    THEORY OF LIABILITY USED.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
    FROM US OR THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
    WARRANTY NOT EXPRESSLY STATED IN THE TOS.
We reserve the right to change any and all content contained on the
Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.




LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:


  1. THE USE OR THE INABILITY TO USE THE SERVICE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
    FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
    MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
    SERVICE;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  5. ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.




NOTICE


Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters
by displaying notices or links to notices to you generally on the
Service.




GENERAL INFORMATION


The TOS constitute the entire agreement between you and us and
governs your use of the Service, superseding any prior agreements
between you and us. You also may be subject to additional terms and
conditions that may apply when you use our affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and us shall be governed by the laws of the
State of New York without regard to its conflict of law provisions. You
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Rockland, New York. The failure of us to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.




VIOLATIONS AND COMMENTS


Please report any violations of the TOS to admin@tp-com-s.com, titled: Abuse; or make any comments to admin@tp-com-s.com.

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