End User Terms of Service
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING THIS SITE, OUR MOBILE APPLICATION OR BY USING THE SERVICES OF TUMBLE, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS HEREINAFTER, AND ALL APPLICABLE TERMS AND CONDITIONS OF TUMBLE CONTAINED IN OTHER TUMBLE DOCUMENTATION, INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.
1. Terms and Conditions of Service These Terms of and Conditions of Service (“Terms”) apply to your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) of Tumble (“Tumble,” “we” or “us”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Tumble for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms. Tumble reserves the right to change or modify these Terms at any time and in our sole discretion. If Tumble changes or modifies any provision of the Terms, we will either post on the website or send out a notice or both when changes have been made to the terms that materially affect you, and indicate by what time those changes will be implemented, unless otherwise dictated by law. You are encouraged to review the Terms from time to time. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Services.
3. Operation of Mobile Devices The Tumble Services are enabled through WiFi technology. In some cases, in order to ensure the Services are properly delivered, the WiFi application may restart the WiFi connection in order to perform the services, and such restarting of the WiFi connection may interrupt other WiFi connections established with that mobile device.
5. Accounts and Registration Detailed Below In order to use any Tumble Services, as and End User, you will be required to register for a Tumble account, an end user account. These terms are more thoroughly explained in the Tumble Terms of Sale and Account for End Users. An Account may be made through such means as (i) you create an account on the website or through the app, which at a minimum you will be required to have a valid email address and password), (ii) log in through a social media site, where an account is created through information released from the social media site, (iii) an account is generated through the means of a gifting process, or (iv) any other way. The Services are not directed to children under 13. Our primary means of payment using this website is a credit card, which are not available to children under the age of 18, and generally may not be used by children without their parent’s consent. We will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13, unless that Account was opened and registered by the respective child’s parent or guardian and has verified consent for the account. By using the Services, you represent and warrant that you are 13 years of age or older. In certain cases, if you are between the ages of 13 and 18 (or the age of legal majority under applicable law), you may be able to use the Services, but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
6. Third Party Content Content on this Site may link to web pages and content of third parties (collectively, “Third Party Content”) for those interested in this information. Tumble does not control, endorse or adopt any Third Party Content nor does it make any guarantee as to accuracy or completeness of the Content. You agree to use such Third Party Content contained therein at your own risk. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review such Third Party Content. Advertisements and promotions may be displayed to you on the Sites or sent to you or may otherwise provide information about or links to third-party products or services from third parties. Dealings or correspondence with, or participation in promotions of, any third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are between you and such third party alone. Tumble assumes no liability or responsibility for any damage or loss of any kind in any way incurred as the result of such dealings or promotions or as the result of the presence of such advertisers or third party information on this Site.
7. User Content and Conduct The Site Material and the Services may include interactive areas in which you along with other registered users may interact, by means of, for example, creating and sending messages or other information such as pictures (“Content”). These interactive areas are generally designed as public forums for sharing Content with other people. If you choose to participate in these interactive areas, you understand that information and content posted may be displayed publicly, and once displayed publically, may never be able to be completely deleted from the World Wide Web. You are solely responsible for your use of the Site Material and the Services acknowledge that you use the interactive areas at your own risk. By using the Site Material and the Services, you agree you will not Publish (post, upload, transmit, distribute, store or create) through the Site Material and the Services any of the following: Any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical status, financial information, information concerning sexual orientation, political opinions, criminal activities or information related thereto, religious beliefs, racial or ethnic information, or other sensitive matters) unless agreed to in writing with Tumble; Content that is unlawful or objectionable, or Content that may jeopardize relationships Tumble has with its employees, vendors and customers. Unlawful Content includes that which is obscene, pornographic, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, or fraudulent. Objectionable Content includes that which is indecent, lewd, suggestive, abusive or inflammatory; Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law; Content that may infringe any intellectual or proprietary property, such as patent, trade dress, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and produce such Content; Content that misrepresents your identity, impersonates any person or entity or otherwise or falsifies an affiliation with another person or entity; Any unsolicited advertising, promotional materials or other forms of solicitation or commercial content or direct marketing; Viruses, malware, spyware, Trojan horses, time bombs or any other harmful, disruptive or destructive files; and Content that, in the sole judgment of Tumble, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Tumble, other users or third parties. Tumble does not control, assume liability or take responsibility for any Content posted or any third party. Tumble shall not be liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity in the Site Material or in the Services. Tumble will use its sole discretion to enforce the above Terms. Our enforcement or lack thereof does not produce any further guideline or waiver of the above Terms. If you believe some action or Content violates these Terms, you may report it by (i) contacting us by email at email@example.com or (ii) writing to us at Tumble, 45 Lansing Street, #1605, San Francisco, CA 94105 which is our physical address, or (iii) contacting us by telephone at (415)660-8667 or (iv) clicking on the “Report Abuse” or “Flag” links located just below each piece of Content, if applicable. (However copyright infringement addressed in the DMCA portion, should be handled in that prescribed manner) solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. These Terms do not create any private right of action on the part of any third party. No party should or may expect the Site will be free from Content prohibited by these Terms. Tumble reserves the right, but does not assume an obligation, to moderate, monitor, screen and edit Content, and reserves the absolute right and discretion to screen edit or remove and Content at any time without notice. Tumble shall not be liable for any loss or damage to Content, whether intentional by us or a third party or unintentional through any means.
9. Disclaimers YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (I) TUMBLE; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF TUMBLE; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ANY DISCLAIMING ENTITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY THE DISCLAIMING ENTITIES OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. 10. Limitation of Liability TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE DISCLAIMING ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITH NO LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, ANY STORED VALUE OR STORED VALUE CARD OR DEVICE, PROMOTION OR PROMOTIONAL VALUE, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF CARDS CODES OR PROMOTIONS), THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, OR USER GENERATED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF THE DISCLAIMING ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DISCLAIMING ENTITIES’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY FEES PAID FOR THE SERVICES (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, WITHOUT LIMITATION, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY CARD CODE OR PROMOTIONAL VALUE OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A CARD CODE OR PROMOTIONAL VALUE).
11. Indemnification You agree to defend, indemnify and hold harmless Tumble, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Content or Ideas you provide; (c) your violation of these Site Material and the Services; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. Tumble shall be allowed to control the defense in the case of any legal action.
12. Applicable Law You agree that the Terms and the Site, Site Material and the Services are governed by the laws of the State of California, without regarding the conflict of law provisions. You and Tumble each agree that any and all disputes or claims that have arisen or may arise between you and Tumble shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. Any action or proceeding relating to your access to, or use of, the Sites or the Terms and the Site, Site Material and the Services shall be instituted in San Francisco, California. You and Tumble agree to submit to the jurisdiction of, and agree that venue is proper in any such action or proceeding. The parties both waive the right to a jury trial, and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Please refer to End User Terms of Sale and Account for details on Disputes with Tumble.
13. Termination or Modification of Services We reserve the right to modify or discontinue, temporarily or permanently, the Terms and the Site, Site Material and the Services or any features or portions thereof without notice. You agree that Tumble will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
14. Severability If any provision of the Terms and the Site are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Clarified Inc. DBA Tumble, December 2020
Special Provisions for iOS Users
Acknowledgment: You acknowledge that the Terms are concluded between You and Tumble only, and not with Apple, and that Tumble, not Apple, is solely responsible for the Licensed Mobile Application and the content thereof.
Scope of License: Tumble grants to you for the Licensed Application a limited, non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: Tumble is solely responsible for providing maintenance and support services with respect to the Licensed Application, as specified in the Terms, or as required under applicable law. You and the Tumble acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Warranty: Tumble is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Tumble.
Product Claims: You and Tumble acknowledge that Tumble, and not Apple, is responsible for addressing any of your claims or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Notwithstanding the above, Tumble expressly disclaims all express, implied and statutory warranties to the fullest extent possible by law, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or proprietary rights, and any warranty related to or regarding the reliability of the Application, including timeliness, performance and security of the Application. Your use of this Application (including downloading and use of services), is at your own risk.
Intellectual Property Rights: You and Tumble acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes a third party’s intellectual property rights, Tumble, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Any and all of your questions, complaints or claims with respect to the Licensed Application should be directed to (i) contacting us by email at firstname.lastname@example.org or (ii) writing to us at Tumble, 45 Lansing Street, #1605, San Francisco, CA 94105, which is our physical address, or (iii) contacting us by telephone at (415)660-8667.
Third Party Beneficiary: You and Tumble acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary hereof.