Document Last Updated: December 11, 2007
The Website is not directed at children under age 13, and Treemo will not knowingly collect personally identifiable information from any child under age 13.
Access and Use of the Website
You understand that by accessing and using the Website you may be exposed to User Submissions and other content from a variety of sources that are inaccurate, offensive, indecent or objectionable, and hereby waive any legal or equitable rights or remedies you have or may have against Treemo with respect thereto.
In order to access or use some features of the Website, you will have to create an account. You must be at least 13 years old to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs under your account and/or password, including without limitation any content or other materials provided from or through your account. You must maintain the confidentiality and security of your account password and login information, and notify Treemo immediately of any breach of security or unauthorized use of your account. Treemo may in its discretion, by giving you written notice, terminate your right to use a user name you have selected and give you an alternative user name for use on the Website.
There is no charge for a basic Treemo account, however, certain features of the Website require a premium account. The basic Treemo account includes 1GB of storage, 10 messages per month and 3 album folders. To increase storage, messages or album folders, a premium Treemo account is required. When a premium feature is selected, you will be given the opportunity to purchase the premium package at $4.99 per month. Standard text messaging rates apply. To opt-in or subscribe to our service with your mobile phone, text "BUY" to 873366 and we will guide you through the process on your phone. To opt-out of our service, you can text "STOP" to 873366 from your mobile phone and we will unsubscribe you from our premium package immediately. Premium features will be disabled on your account upon receipt of your opt-out request.
Intellectual Property Rights
The Website and all content on the Website (except content provided by you), including without limitation all text, software, scripts, graphics, photos, sounds, music, videos, interactive features, downloads, tools and all other material or information used on or in connection with the Website (the "Content") and the selection, arrangement and presentation of the Content and overall design of the Website is the property of Treemo and subject to protection under United States and international laws and conventions. Any unauthorized copying, reproduction, republication, posting, distribution, transmission, or modification of Content or any other property of Treemo, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of Treemo. Treemo reserves all rights not expressly granted to you herein.
Treemo and other names or designations of Treemo or its products or services, the "look and feel" of the Website and the color combinations, layout and other graphical elements of the Website are the trademarks of Treemo ("Treemo Marks"). You may not use any Treemo Mark in any manner without the express, written permission of Treemo, including without limitation in any meta-tags or other hidden text. Other product and company names, trademarks and logs on the Website may be subject to trademark or other rights of other parties.
You may not frame any Website content without Treemo's prior written consent. You may link to the Website or to your own or other's User Submissions for non-commercial purposes only, or as otherwise authorized by Treemo in writing. You may use the Treemo "embeddable player" feature to incorporate certain User Submissions on your own personal, non-commercial website(s), provided that you include a prominent link back to the Website on each page incorporating content through the embeddable player. Treemo reserves the right to demand that you remove any link at Treemo's sole discretion.
Communication with Treemo
Treemo has the right, but not the obligation, to review, remove or edit all User Submissions and other third party content, in Treemo's sole discretion. Treemo has no responsibility and assumes no liability for User Submissions or other content posted by you or any other party.
First, and foremost, YOU RETAIN ALL OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. Please read on for more detail on our policy.
The Website may now or in the future permit the submission of videos or other content or materials by users of the Website and/or include chat features, instant messaging, message board or similar features allowing submission of content (collectively, "User Submissions") for hosting, sharing or publication on or through the Website, and may allow access or use of User Submissions of other users. You grant Treemo a worldwide, nonexclusive, royalty-free, perpetual and fully sublicensable and transferable right, but not the obligation, to (a) use, distribute, display, reproduce, modify, perform, preserve and create derivatives of any User Submissions you submit, in any media now known or hereafter developed and in connection or compilation with any other content, in connection with the Website and Treemo's (and its successor's, assignees and licensees) business, in any media and through all channels, now known or hereafter discovered; and (b) use the name and any other personal information under which you submit such User Submissions in connection therewith, in Treemo's sole discretion. You also grant each user of the Website a non-exclusive license to access your User Submissions through the Website and to reproduce, distribute, prepare derivative works, display and otherwise use such User Submissions as permitted under these Terms of Service. You may terminate or restrict our rights to use your User Submissions by changing the rights granted on the permissions page of your account. You understand that changing your permissions shall not require Treemo or any user to remove your submission from any work created prior to the effective date of your change or otherwise modify any prior use of your submission and that Treemo shall not be responsible for any user's failure to abide by the changes to your permissions. The foregoing license granted by you terminates once you remove or delete a User Submission from the Treemo Website, however, Treemo does retain deleted works for up to 30 days for review.
You acknowledge that whether or not such User Submissions are published, Treemo does not guarantee any confidentiality or security of any User Submissions, or any other information or materials you provide or submit by email or other electronic communication. Treemo may remove any User Submission from the Website at any time, in Treemo's sole discretion and for any or no reason. You waive all claims against Treemo for any violation of copyright, rights of privacy, publicity, and defamation or other personal torts arising from Treemo's use of the information you provide.
YOU ARE SOLELY RESPONSIBLE FOR USER SUBMISSIONS AND OTHER INFORMATION AND MATERIALS YOU PROVIDE TO TREEMO. YOU REPRESENT AND WARRANT TO TREEMO THAT (A) YOU OWN, OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE TREEMO TO USE ANY USER SUBMISSIONS AND OTHER INFORMATION OR MATERIALS YOU PROVIDE IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE; AND (B) YOU HAVE THE WRITTEN CONSENT OF EACH IDENTIFIABLE INDIVIDUAL PERSON APPEARING OR INCLUDED IN YOUR USER SUBMISSIONS TO USE HIS OR HER NAME, LIKENESS AND OTHER PERSONAL INDICIA IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE.
You agree not to submit any User Submissions or other materials, content or information which is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, invasive of privacy or which encourages criminal conduct, infringes any intellectual property or other proprietary right of any person or entity or otherwise gives rise to civil liability, or which contains viruses, corrupt data, cancel bots, trojan horses or the like. You further agree not to submit or post advertisements or solicitation of business and/or use false email addresses or impersonate any person or otherwise mislead as to the origin of any User Submission or other materials, content or information you submit or provide.
If you are a copyright owner or authorized agent of a copyright owner and believe any content available on or through the Website infringes your or your principal's copyright interest, please provide the following information, in writing and signed by you, to the Treemo Copyright Agent at the address listed below:
Treemo Copyright Agent1520 4th Avenue #600Seattle, WA 98101206.297.0370
- A description of the allegedly infringing content reasonably sufficient to permit Treemo to identify and locate such content on the Website, and of the copyrighted work which you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
- Your address, telephone number and e-mail address.
- Your statement that all information you have provided is accurate and that you have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
Please contact Treemo at feedback@Treemo.com in the event you want to report conduct you deem abusive. Although Treemo has no obligation to police the conduct of visitors to the Website, we do try to remove content that is clearly inappropriate when it is brought to our attention, in our sole discretion.
Third Party Websites
Treemo shall have no responsibility or liability of any kind in connection with or arising from any dealings between you and any advertiser on the Website, or any other website, including without limitation any purchase, payment, delivery of goods or services, or any other terms, agreements, warranties or representations associated with your dealings with such advertisers.
Disclaimer of Warranty
YOUR ACCESS AND USE OF THE WEBSITE AND CONTENT IS AT YOUR OWN RISK. TREEMO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS. TREEMO DOES NOT WARRANT THAT THE WEBSITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES TREEMO MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE WEBSITE OR THROUGH ANY THIRD PARTY. THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) TREEMO MAY MODIFY, DELETE, OR SUPPLEMENT THE WEBSITE AND THE CONTENT, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE, INCLUDING WITHOUT LIMITATION LINKED OR EMBEDDED CONTENT.
TREEMO DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
Limitation of Liability
TREEMO SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE WEBSITE OR ANY CONTENT PROVIDED ON OR DOWNLOADED FROM THE WEBSITE; THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING OTHER VISITORS AND PERSONS SUBMITTING USER SUBMISSIONS AND OTHER CONTENT TO THE WEBSITE; ANY DELAY IN USE OR ACCESS TO THE WEBSITE OR CONTENT PROVIDED ON THE WEBSITE; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE WEBSITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF TREEMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TREEMO'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL TREEMO'S LIABILITY TO YOU EXCEED $50.00.
To get help, email us at firstname.lastname@example.org, or call our toll free number at 877-792-5074. From your mobile phone, you can request our contact information at any time by texting HELP into 873366.
The Website is controlled and operated by Treemo from its facilities in the state of Washington, United States of America. Treemo makes no representations that the Website or any content or materials on the Website is appropriate or available for use in other locations. If you access or use the Website from outside the state of Washington, United States of America, you do so at their own volition and are responsible for compliance with applicable laws of your jurisdiction.
All rights not expressly granted herein are reserved to Treemo.
Copyright © 2006-2013 Treemo, Inc.