Terms of Service
Last updated June 1, 2022
These Terms of Service apply when to the use of any website, application, newsletter subscription, or service offered by Tainr (the “Website“) or any of its corporate subsidiaries, parents, or affiliates (referred to as “we“, “us“, and “our” here), to any person using our website, including any organization or person using the website on an organization’s behalf (referred to as “you” or “your” here).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE WEBSITE.
2. CHANGES TO TERMS OF SERVICE. We may change these Terms of Service at any time and without any notice to you, so we suggest that you periodically visit this page to review these Terms of Service. All changes are effective immediately when we post them. By using the Website after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
3. ACCESSING THE SITE; ACCOUNT SECURITY. We reserve the right to withdraw or amend this Website, or any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. In connection with your use of the Website, you are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection or on your connected devices are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
4. OUR SERVICES. Through our Website, you can share with us where you want to shop with Tainr, with the goal to support plastic-free shopping. The Website may contain links to third-party web sites or services that are not owned or controlled by us; except for any content, information, products, or services clearly identified as being supplied by us, we do not operate, control, make any warranties or representations, or endorse, any content, information, products or services on the Website in any way. We therefore assume no responsibility for the content, privacy policies, or practices of any third parties who offer products or services through our Website. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, products, or services available on or through the Website or any third-party web sites or services. We suggest you read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms of Service or your use of the Website, do not, and shall not be construed to, create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Further, we are not an agent or representative of you or of any user of the Website.
5. YOUR USE OF THE SITE. In connection with your use of the Website, we provide you a non-exclusive, non-transferrable, and non-sub-licensable license to use—for your personal, non-commercial purposes only—the Website. We do not transfer either the title or the intellectual property rights to anything hosted on or comprised by the Website to you, and we retain full and complete title to Website as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Website or any of its content, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Website’s source code to a human-perceivable form other than that in which it is provided to you.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- In contravention of any website terms of service or end-user license agreement entered into between you and any third party in connection with your access to any services provided by us, or in violation of any copyright or other intellectual property right of any third party in connection with your access to any services provided by us;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.
You are also prohibited from violating or attempting to violate any security features of the Website, 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;
- Attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorization;
- Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- Using the Website to send unsolicited messages, including, without limitation, promotions, or advertisements for products, content, or services; or
- Forging any TCP/IP packet header or any part of the header information in any electronic message or in any posting using the Website.
6. USER CONTENT. The Website may contain message boards, chat rooms, personal web pages or profiles, newsletters, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Content“) to us or to other users (collectively, “Posting” on the Website). By Posting on the Website, you:
- Grant us and our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of our business, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content;
- Grant us the right to use your name, image, likeness, and voice in still photos, slides, video, voice recorded productions, radio coverage, television coverage and/or any other media, now and in the future, for the purpose of promoting, advertising, and marketing Tainr and its services, if any such information is included in User Content. You waive all claims against us for such use;
- Grant us the right to collect User Content when voluntarily submitted and processed through the Website;
- Grant us the right to use and share User Content submitted when signing up for Tainr’s newsletter subscription service and/or affiliated newsletter(s);
- Agree that we may publish or otherwise disclose your name and location in connection with your User Content;
- 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; and
- Acknowledge and agree that you will not be compensated for Posting any User Content.
You further agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) creates a false identity for the purpose of misleading others; (c) 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; (d) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (e) uses any part of the Website for surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages.
Any violation of these community guidelines or posting of inappropriate content to the Website may be construed by us as a breach of these Terms of Service and may result in the termination of your access to the Website.
7. INTELLECTUAL PROPERTY RIGHTS. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, you may not: (a) modify, copy, or create derivative works of any materials from the Website; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from their applicable accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (d) except with our prior written consent, access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
Our company name and all related names, logos, product and service names, designs, and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
8. ALLEGED COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on our rights or those of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringed 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to our designated agent by email: firstname.lastname@example.org
8. NO WARRANTIES. WE ARE MAKING THE WEBSITE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE YOU MAY ACCESS AS A RESULT OF YOUR USE OF THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF THE WEBSITE OR ON ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE.
9. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH:
- YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS, INFORMATION, OR SERVICES PROVIDED TO YOU BY US,
- YOUR INTERACTION WITH ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE,
- ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM OR LOSS TO YOU OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY US OR ANY THIRD PARTY THROUGH THE WEBSITE.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
FURTHER, YOU RELEASE US FROM ALL LIABILITY TO YOU AND YOUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF US OR ANY OF OUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THAT PARTY, OR THAT PARTY’S VIOLATION OF A STATUTE.
YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS OF SERVICE CONSTITUTING AN AGREEMENT GOVERNING YOUR USE OF THE WEBSITE, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.
11. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, and representatives harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the Website, including your negligent use of the Website; your violation of these Terms of Service; your violation of the representations, warranties, or covenants set forth in these Terms of Service; any misrepresentations, defective products, or breach of any warranties or agreements made by you in connection with your use of the Website; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. COPYRIGHT. All contents of the Website or Service are: Copyright © 2022 Tainr. All rights reserved.
13. DISPUTE RESOLUTION. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Tainr, attn: Legal, 525 S Hewitt St, Los Angeles, and email@example.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, you and we agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
14. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
15. GOVERNING LAW. The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms of Service and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.
United States Compliance
The Website is based in, and is offered to, people located in the United States. Accordingly, by using the Website, you represent and warrant that: (a) you are located in the United States, or are located in a foreign country that is not subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
European Union Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
16. ENTIRE AGREEMENT. These Terms of Service, and all agreements incorporated by reference, constitute the final, complete, and exclusive statement of the terms of the agreement between you and the Company pertaining to the subject matter of these Terms of Service, and supersedes all other prior or contemporaneous oral or written understandings and agreements between you and the Company.
17. SUCCESSORS. This Agreement shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties.
18. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.